Summary of Ed Reform Legislation: SB 7

1. Summary of Ed Reform Legislation: SB 7 And PERA

2. Topics: School Climate Survey School Board Member Training Certification Action – Incompetency Filling of vacant positions Tenure Reduction-In-Force Tenured Teacher Dismissal Right to Strike PERA

3. Brief History of SB7: • Began in December with “reform” hearings at IMSA • Bill developed by diverse group of education interests (IEA; IFT; CTU; School Management Alliance; SFC/Advance ILL; • Historic achievement as first time that IEA; IFT; CTU work together

4. School Climate Survey • Establish survey of learning conditions (provided by ISBE) • Teachers & students (6-12) • Subject to appropriations • Begins 2012-13 • Administered at least every 2 years • ISBE selected indicators publicly reported

5. School Board member training • Min. 4 hours for new members • Topics: education/labor law; financial oversight/accountability; fiduciary responsibilities • Districts post to website who has completed • Training by ISBE approved providers

6. Certification Action-Incompetency • Previously never defined, but was always basis for certification revocation/suspension (by State Sup’t) • Now defined as 2 “unsat’s” w/in 7 years • Upon earning 2nd “unsat”, State Sup’t investigates and determines action • Suspend certification • Revoke certification • Restrict certification (requires PD) • No action • Effective immediately

7. Filling of Vacant Positions • New section of school code, previously dealt with by some CBA’s (collective bargaining agreements) • Now must consider following criteria: • Certification • Qualifications • Merit/ability (i.e. performance evals) • Relevant experience (i.e. years experience @ school; grade level; in subject area) • May be bargained • District-wide seniority used as tie-breaker • Current CBA’s grandfathered (must have been in effect January 1, 2011) Ours is not grandfathered...

8. Evaluation Ratings • New ratings for Evaluations are: • Excellent • Proficient • Needs Improvement • Unsatisfactory • We have a Joint Evaluation Committee that will work on implementation of these in our Evaluation Plan.

9. Tenure • TENURE STILL EXISTS!!!!!!! • a.k.a. “Continued Contractual Service” • 4 year probationary period • Proficient/Excellent rating in 2 of last 3 yrs • Proficient/Excellent rating required in 4th yr • 3 year probationary period • 3 consecutive excellent ratings • Tenure Portability • Does not currently exist • 2 consecutive Excellent ratings • Failure to perform evaluation = “proficient”

10. Reduction-In-Force • 3 sorts: • Position; certification; qualifications • Performance (evaluations) • Seniority • 45 day notice for all teachers • Non-tenured teachers have recall rights • Current CBA’s grandfathered, will be in effect no later than June 2013(ours is not)

11. Four new RIF groups Group One Any non-tenured teachers who have not received a summative evaluation rating by the time RIF notices are sent. This would include all first year teachers this year. Group Two Teachers who have received “unsatisfactory” or “needs improvement” in one of the last two summative evaluations. Joint union/ management committees can agree to criteria to move some of these teachers to Group Three. Group Three Consistently “proficient” teachers and others who are moved out of Group Two. Group Four A district’s highest performing teachers as determined by a joint union/ management committee. Statutory default: Two of the last three evals as “excellent “or two “excellents.”

12. New RIF groups Group One Dismissed at the discretion of the district. Any non-tenured teachers without summative evaluation rating. Group Two Grouped by performance averages. Lowest averages are first on list. Within averaged groups are RIF’d by inverse seniority. Group Three One group – no averages. RIF’d by inverse seniority. Group Four One group – no averages. RIF’d by inverse seniority.

13. Recall Information • RIF’d teachers (both tenured and non-tenured) from Groups 3 and 4 have recall rights to vacancies for which qualified in reverse order of RIF (last RIF’d, first recalled) • RIF’d teachers (both tenured and non-tenured) from Groups 1 and 2 do not have recall rights but may be considered for positions for which qualified

14. Joint Committees • Equal union/management representation like PERA committee. • Can agree on criteria move some teachers from Group Two to Group Three. • Can define Group Four to include more than just those with two “excellents” in last three evaluations. • Can do study of possible evaluation downgrading trend of higher compensated teachers.

15. Tenured Teacher Dismissal • No changes prior to dismissal • Only changes are to timelines for the hearing after dismissal • Effective Sept. 1, 2011

16. Right to Strike • We still have right to strike • No changes to current requirements (i.e. 10 day notice; mediation; etc) • After mediation • 14 day “wait period” • Last offer from both sides made public • Then can strike or settle • Changes to length of school day and school year are still bargainable EXCEPT for CPS

17. PERA – Performance Evaluation Reform Act • Included as part of RTTT (Race to the Top) legislation enacted in January, 2010 • Much of the law does not go into effect until 2016 • Required by fall of 2012: • Certified/trained evaluators • 4 ratings (Excellent, Proficient, Needs Improvement, Unsatisfactory)

18. PERA continued • Joint PERA Committee will: • develop evaluation plan • determine student growth model • complete work by 2016 • establish 4 ratings • monitor training and certification of evaluators • If consensus not met, must default to state plan

19. Questions? • Please send any questions to: pturriff@d303.org • IEA is collecting questions and will answer asap