Session of 1998
                   
HOUSE BILL No. 2920
         
By Representative McCreary
         
2-13
            9             AN ACT concerning teachers; relating to nonrenewal or termination of
10             contracts of employment; requiring development and maintenance of
11             plans of assistance by boards; amending K.S.A. 72-5436, 72-5445 and
12             72-9003 and K.S.A. 1997 Supp. 72-9004 and repealing the existing
13             sections.
14            
15       Be it enacted by the Legislature of the State of Kansas:
16           Section 1. K.S.A. 72-5436 is hereby amended to read as follows:
17       72-5436. As used in this act: (a) ``Teacher'' means any professional em-
18       ployee who is required to hold a certificate to teach in any school district,
19       and any teacher or instructor in any area vocational-technical school or
20       community college. The term ``teacher'' does not include within its mean-
21       ing any supervisors, principals or superintendents or any persons em-
22       ployed under the authority of K.S.A. 72-8202b, and amendments thereto,
23       or any persons employed in an administrative capacity by any area voca-
24       tional-technical school or community college.
25           (b) ``Board'' means the board of education of any school district, the
26       board of control of any area vocational-technical school and the board of
27       trustees of any community college.
28           (c) ``Probationary teacher'' means: (1) Any teacher who has completed
29       less than three consecutive years of employment in the school district,
30       area vocational-technical school or community college by which the
31       teacher is currently employed; or (2) any teacher who has achieved the
32       status of continuing teacher in the school district, area vocational-tech-
33       nical school or community college by which the teacher is currently em-
34       ployed, but who has been placed on an intensive plan of assistance by the
35       school district, area vocational-technical school or community college.
36           (d) ``Continuing teacher'' means any teacher who has successfully
37       completed three consecutive years of employment as a probationary
38       teacher in the school district, area vocational-technical school or com-
39       munity college by which the teacher is currently employed, has been of-
40       fered and has entered into a contract for an additional two years of em-
41       ployment in the school district, area vocational-technical school or
42       community college, and thereafter on an annual basis is offered and enters
43       into a one-year extension of the contract of employment.

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  1           Sec. 2. K.S.A. 72-9003 is hereby amended to read as follows: 72-
  2       9003. Every board shall adopt a written policy of personnel evaluation
  3       procedure in accordance with this act and file the same with the state
  4       board. Every policy so adopted shall:
  5           (a) Be prescribed in writing at the time of original adoption and at
  6       all times thereafter when amendments thereto are adopted. The original
  7       policy and all amendments thereto shall be promptly filed with the state
  8       board.
  9           (b) Include evaluation procedures applicable to all employees.
10           (c) Provide that all evaluations are to be made in writing and that
11       evaluation documents and responses thereto are to be maintained in a
12       personnel file for each employee for a period of not less than three years
13       from the date each evaluation is made.
14           (d) (1) Provide that every employee in the first   two three consecutive
15       school years of employment shall be evaluated at least one time per se-
16       mester by not later than the 60th school day of the semester, except that
17       any employee who is not employed for the entire semester shall not be
18       required to be evaluated; and that   every employee during the third and
19       fourth years of employment shall be evaluated at least one time each
20       school year by not later than February 15; and that after the   fourth third
21       year of employment every employee shall be evaluated at least   once one
22       time in every   (tri-stars)ree years school year by not later than February 15 of the
23       school year   in which the employee is evaluated.
24           (2) The provisions of this subsection apply to employees of school
25       districts, nonpublic schools and area vocational-technical schools.
26           (e) (1) Provide that every employee in the first   two three consecutive
27       school years of employment shall be evaluated at least one time per se-
28       mester, except that any employee who is not employed for the entire
29       semester shall not be required to be evaluated; and that   every employee
30       during the third and fourth years of employment shall be evaluated at
31       least one time each school year; and that after the   fourth third year of
32       employment every employee shall be evaluated at least   once one time in
33       every   (tri-stars)ree years school year.
34           (2) The provisions of this subsection apply to full-time employees of
35       community colleges.
36           New Sec. 3. (a) Every board shall develop and maintain a plan of
37       assistance for teachers whose evaluation under the policy of personnel
38       evaluation required to be adopted pursuant to K.S.A. 72-9003, and
39       amendments thereto, does not meet or exceed the standards for quality
40       teaching established by the board with respect to the criteria specified in
41       K.S.A. 72-9004, and amendments thereto, or with respect to any other
42       criteria which a board may select as a measurement of teaching quality.
43       Every plan of assistance developed and maintained by a board shall in-

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  1       clude:
  2           (1) Goal statements which shall clearly state areas in which improve-
  3       ment is needed;
  4           (2) suggestions on methods to achieve the goals stated under (1);
  5           (3) statements of ways for determining if goals have been met; and
  6           (4) two evaluations during the school year, one within the first 60
  7       days of the first semester and one within the first 60 days of the second
  8       semester, to determine if a teacher is improving in the areas specified in
  9       the goals stated under (1).
10           (b) If evaluation of a probationary teacher reflects areas needing im-
11       provement during a school year, the teacher will be provided with a plan
12       of assistance. If a continuing teacher falls below an acceptable level of
13       performance during a school year, the teacher will be placed on proba-
14       tionary status and provided with a plan of assistance. When a teacher is
15       provided with a plan of assistance, the teacher and the building admin-
16       istrator shall work closely to overcome all deficiencies. At the conclusion
17       of the school year in which a teacher is provided with a plan of assistance:
18           (1) If the teacher meets or exceeds the board's standards for quality
19       teaching and the plan of assistance guidelines, the teacher shall be offered
20       a one-year probationary contract;
21           (2) if the teacher continues to meet or exceed the board's standards
22       for quality teaching as reflected by evaluations conducted during the pro-
23       bationary year, the teacher shall be offered a one-year extension of the
24       probationary contract or a contract for an additional two years of em-
25       ployment;
26           (3) if the teacher does not meet the board's standards for quality
27       teaching and the plan of assistance guidelines, the teacher's contract
28       maybe nonrenewed or extended for one year on a probationary basis.
29           Sec. 4. K.S.A. 1997 Supp. 72-9004 is hereby amended to read as
30       follows: 72-9004. Evaluation policies adopted under K.S.A. 72-9003, and
31       amendments thereto, shall meet the following guidelines or criteria:
32           (a) Consideration shall be given to the following employee attributes:
33       Efficiency, personal qualities, professional deportment, ability, results
34       and performance, including improvement in the academic performance
35       of pupils or students insofar as the evaluated employee has authority to
36       cause such academic improvement, in the case of teachers, the capacity
37       to maintain control of pupils or students, and such other matters as may
38       be deemed material.
39           (b) Community attitudes toward, support for and expectations with
40       regard to educational programs shall be reflected.
41           (c) The original policy and amendments thereto shall be developed
42       by the board in cooperation with the persons responsible for making eval-
43       uations and the persons who are to be evaluated, and, to the extent prac-

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  1       ticable, consideration shall be given to comment and suggestions from
  2       other community interests.
  3           (d) Evaluations of the chief administrator employed by a board shall
  4       be made by the board. The board shall place primary responsibility upon
  5       members of the administrative staff in making evaluations of other em-
  6       ployees.
  7           (e) Persons to be evaluated shall participate in their evaluations, and
  8       shall be afforded the opportunity for self-evaluation.
  9           (f) The contract of any person subject to evaluation shall not be non-
10       renewed on the basis of incompetence unless an evaluation of such person
11       has been made prior to notice of nonrenewal of the contract   and unless,
12       the evaluation is in substantial compliance with the board's policy of per-
13       sonnel evaluation procedure as filed with the state board in accordance
14       with the provisions of K.S.A. 72-9003, and amendments thereto, and the
15       person has been provided with an intensive plan of assistance in accord-
16       ance with the provisions of section 3, and amendments thereto.
17           Sec. 5. K.S.A. 72-5445 is hereby amended to read as follows: 72-
18       5445.   (a) Subject to the provisions of K.S.A. 72-5446, and amendments
19       thereto, the provisions of K.S.A. 72-5438 through 72-5443, and amend-
20       ments thereto, apply only to  : (1) Teachers who have completed not less
21       than three consecutive years of employment, and been offered a fourth
22       contract, continuing teachers who are not on probationary status and are
23       not being provided with a plan of assistance in the school district, area
24       vocational-technical school or community college by which any such
25       teacher is currently employed  ; and (2) teachers who have completed not
26       less than two consecutive years of employment, and been offered a third
27       contract, in the school district, area vocational-technical school or com-
28       munity college by which any such teacher is currently employed if at any
29       time prior to the current employment the teacher has completed the years
30       of employment requirement of provision (1) in any school district, area
31       vocational-technical school or community college in this state.
32           (b) Any board may waive, at any time, the years of employment
33       requirements of subsection (a) for any teachers employed by it.
34           Sec. 6. K.S.A. 72-5436, 72-5445 and 72-9003 and K.S.A. 1997 Supp.
35       72-9004 are hereby repealed.
36           Sec. 7. This act shall take effect and be in force from and after its
37       publication in the statute book.
38      
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