Volume 22, No. 2 for the week ending February 8, 2013 It looks like another busy legislativee session for education on Capitol Hill. House Education Chairman Harry Brooks of Knoxville (right) recently wrote that when looking at all of the legislation that has been filed thus far, it appears that almost thirty percent relates to some aspect of education. We will all be kept very busy, and it is critical that the education voice your voice is heard as big issues are debated and voted on. COMMON SENSE CHANGES TO THE EVALUATION SYSTEM IS THE NUMBER ONE ISSUE FOR TEA AND ITS MEMBERS The most important issue for TEA and its members is to makee common sense changes to the evaluation system to create something in which House teachers can have faith. A poll of 450 teachers conducted byy TEA in October Rep. Harry Brooks showed tremendous distrust of the current evaluation system, with 61 percent of teachers disapproving of the system, and only 28 percent in favor. The opposition was highest for secondary teachers, with 70 percent opposed while only 24 percent were in favor. e Education Chair It is important to note that teachers are not opposed to beingg evaluated, but flaws in the system cast doubt that the evaluation system does what it is supposed too do. Former Teachers of the Year have been getting very poor evaluations, paperwork has gone through the roof, and there is a sense thatt wild swings in evaluation scores could wreck a career. What is most telling is the vast majority of teachers believe that the evaluation system will not identify those teachers in need of help and professional development. TEA has offered fundamental changes to the system in a bill filed last week. The Fair and Clear Teacher Evaluation Act is being sponsored by two Republicans, Rep. Jim Coley of Bartlett and Sen. Bill Ketron of Murfreesboro. The bill is based on the idea of pre testing students at the beginningg of the year or semester, and post testing students at the end ass a more accurate way of using testing. A pre test/post test will allow most teachers who doo not have student TVAAS data to finally be evaluated on their own students, and not use school wide data. A pre test/post test also provides needed new measuress beyond TVAAS, the software the statee uses to determine teacher effectiveness. Many educators acrosss Tennessee have expressed deep concerns about TVAAS, and how testing can vary greatly from classs to class.
TEA Legislative Report Page 2 There is a growing understanding among legislators on both sides of the aisle that changes can and should be made to the evaluation. As TEA works the halls and offices on the Hill, we have found few, if any, who are happy with the current system. Education Commissioner Kevin Huffman has told lawmakers he wants to tweak the system this year, but TEA will fight for a more fundamental change that makes the system fair and clear. Careers are in the balance. SOME WANT TO CONTINUE TO RAISE THE STAKES ON EVALUATION: PAY FOR PERFORMANCE, FIRINGS AND REHIRINGS, ALL BASED ON THE CURRENT FLAWED EVALUATION SYSTEM The stakes are already very high with the evaluation system and they continue to grow with each legislative day. Sen. Dolores Gresham of Somerville, chair of the Senate Education Committee, and Rep. Glen Casada of Thompson Station, have filed legislation to create a pay for performance system tied directly to the current evaluation system. Salary would be based on teacher evaluation. The proposal also prohibits pay for years of experience or tenure. The system would apply to new teachers and anyone who is rehired or changes jobs in different systems. TEA is strongly opposed to tying pay to an unproven and unpredictable evaluation system. Moreover, pay linked to test scores is in itself a bad idea. It doesn t seem to matter to the bill sponsors that a recent Vanderbilt study, as well as a whole body of research, shows that performance pay doesn t work. Teachers work as hard as they can already, and could use support, not a complete upheaval, in their careers. Another bill from Gresham would bar teachers from a rehire list after a reduction in force declaration if they had less than a 4 in their previous evaluation. These plans to raise the stakes on evaluation take place when fundamental questions about the fairness and validity of the evaluation system are being raised by many legislators. The evaluation system is going to be front and center this session. Teachers must be ready to contact their legislators about making sure it is fair, clear, and built to improve teaching and learning before anything else is heaped upon it. TEA S POSITION ON SCHOOL SAFETY While there are some legislators who would prefer to allow any teacher, administrator or staff member to carry a firearm in schools as they see fit, TEA knows that is unacceptable. We will fight any effort to reduce schools rights to control every aspect of school security and firearms. The position of TEA is to have a School Resource Officer (SRO) in every school. An SRO is a full time active duty law enforcement officer that has undergone rigorous training. Two bills move the state in that direction. First is a bill by Rep. David Hawk of Greenville that would require an SRO in every school and for the state to pay for it. The fiscal note on that bill is expected to be very high and therefore will not likely pass. Another bill is sponsored by Sen. Frank Niceley of Strawberry Plains and Rep. Eric Watson of Cleveland that mandates an SRO for every school, and offers alternatives to SROs. The bill would allow retired law enforcement officers and others to take SRO training and serve in schools.
TEA Legislative Report Page 3 The Niceley Watson bill recognizes that for some rural districts, finding a retired law enforcement officer or other SRO equivalent may take time or become very difficult to implement. As a last option, an administrator or faculty member could volunteer to take the rigorous SRO training. The sponsors are putting in language to ensure SRO designation is absolutely voluntary for school personnel. Educators are saddened that we even need resource officers, but it is a coming reality in this world. Moreover, the reason we need them is not only about external threats like the tragedy of Newtown, but the internal threats in schools as well. It is time to improve school security in every Tennessee school. SOME EDUCATION BILLS OF INTEREST PROPOSED IN THIS SESSION. HB 0150 by *McCormick ( SB 0156 by *Norris) Teachers, Principals and School Personnel As introduced, deletes provision whereby records from any student who is eligible for special education services under federal law will not be used as part of the value added assessment; adds other provisions regarding student growth data, student achievement data and teachers' evaluations scores. Amends TCA Section 49 1 302(d) and Section 49 1 606(a). HB 0151 by *McCormick ( SB 0157 by *Norris) Education As introduced, establishes total enrollment and out of district enrollment caps for virtual schools. Amends TCA Title 49, Chapter 16, Part 2. HB 0190 by *McCormick ( SB 0196 by *Norris) School Vouchers As introduced, enacts the "Tennessee Choice & Opportunity Scholarship Act." Amends TCA Title 49, Chapter 1. HB 0210 by *Sargent (SB 0592 by *Johnson ) Local Education Agencies As introduced, enacts the "High Performing School Districts Flexibility Act." Amends TCA Title 49. HB 0221 by *White M ( SB 0233 by *Kelsey) Education As introduced, allows an LEA, in its discretion, to determine whether to continue employment of a nontenured teacher who taught in a school prior to the school's transfer to the ASD. Amends TCA Section 49 1 614. HB 0222 by *Kane ( SB 0240 by *Campfield) Schools, Home As introduced, allows home school students, including those in schools conducted by parents associated with an organization that conducts church related schools, to participate in extracurricular athletics if the student meets the academic and conduct standards required of other participants; prohibits, subject to certain conditions, charging home school students participation fees by public schools and tuition by private schools. Amends TCA Section 49 50 801 and Title 49, Chapter 6. HB 0249 by (*White DSB 1141 by *Gresham) Teachers, Principals and School Personnel As introduced, allows special education teachers and alternative school teachers who teach in more than one subject area in which there is an end of course examination until July 1, 2014, to pass the content area tests in the subject areas in which they are teaching. Amends TCA Section 49 6 6006. HB 0281 by *White D (SB 0639 by *Tracy) Students As introduced, changes dates by which students must be four years of age to enter pre kindergarten to conform to the dates by which students entering kindergarten must be five years of age. Amends TCA Title 49, Chapter 6.
TEA Legislative Report Page 4 HB 0283 by *Forgety (SB 0543 by *Bell) Education As introduced, allows retired teachers' children who are under 24 years of age to receive a 25 percent discount at any state operated institution of higher learning; provided, that the parent retired with 30 years of full time creditable service in Tennessee public schools or received disability retirement after a minimum of 25 years of full time creditable service in Tennessee public schools. Amends TCA Title 49, Chapter 7. HB 0320 by *Shepard (SB 0426 by *Burks) Education, Higher As introduced, extends the 25 percent tuition reduction at state operated institutions of higher education for the children of teachers to also include the children of retired teachers when the retired teacher has at least 30 years of creditable service in the public schools of this state. Amends TCA Title 49, Chapter 7. HB 0324 by *Carr J (SB 0481 by *Bowling) Education As introduced, allows certain employees of K 12 and pre K public schools to carry certain firearms on school property. Amends TCA Title 39, Chapter 17, Part 13 and Title 49, Chapter 6. **HB 0362 by *Farmer (SB 0302 by *Niceley) Teachers, Principals and School Personnel As introduced, requires local education agencies to continue to pay teacher's full compensation and benefits, less disability benefits received through workers' compensation, for teachers who are victims of violent crime during the course of employment. Amends TCA Title 49, Chapter 5, Part 7. HB 0369 by *Johnson G (SB 0268 by *Massey) Teachers, Principals and School Personnel As introduced, gives teachers who teach in multiple subject areas until July 1, 2014, to pass the content area tests in the subject areas in which they are teaching. Amends TCA Section 49 6 6006. HB 0393 by *Johnson G (SB 0607 by *Finney L) Education As introduced, adds to the definition of conduct unbecoming a teacher, for which a teacher may be dismissed, deliberately making false statements about competency and qualifications on application to teach and misrepresenting professional qualifications. Amends TCA Title 49. HB 0408 by *Casada (SB 0866 by *Gresham) Education As introduced, prohibits LEAs from granting leave to an employee in order for the employee to hold the office of president of a professional employees organization. Amends TCA Title 49. HB 0446 by *Forgety (SB 1018 by *Bell) Schools, Charter As introduced, permits either the sponsor of the proposed charter school or the local board of education to appeal to chancery court a final decision of the state board of education on the charter school's application. Amends TCA Section 49 13 108. HB 0502 by *Casada (SB 0490 by *Campfield) Labor As introduced, requires certain political activities by labor organizations be funded separately through voluntary donations of members and not through regularly collected dues. Amends TCA Title 50, Chapter 1. HB 0504 by *Watson (SB 0472 by *Niceley) Education As introduced, requires district wide school safety plans to include requirement that at least one school resource officer or similarly trained staff member be present at each school during school hours; states that any similarly trained staff member shall be subject to the same training requirements as school resource officers and permitted to carry firearms on school grounds. Amends TCA Section 8 36 205 and Title 49.
TEA Legislative Report Page 5 HB 0506 by *Sargent (SB 0501 by *Norris) Public Funds and Financing As introduced, removes the requirement that in fiscal year 2010 2011 and subsequent fiscal years, the cost per square foot calculation in the capital outlay component of the BEP be reduced by $14.00 per square foot for K 4 classrooms and by $12.00 per square foot for other classrooms. **HB 0537 by *Coley (SB 0838 by *Ketron) Teachers, Principals and School Personnel As introduced, enacts the "Fair and Clear Teacher Evaluation System Act." Amends TCA Title 49, Chapter 1; Title 49, Chapter 2 and Title 49, Chapter 5. HB 0596 by *Williams R (SB 1150 by *Dickerson) Education As introduced, creates a special joint committee to study education funding in Tennessee. Amends TCA Title 49. HB 0619 by *Casada (SB 0827 by *Gresham) Teachers, Principals and School Personnel As introduced, revises pay for public school teachers. Amends TCA Title 49, Chapter 3. HB 0741 by *Keisling (SB 0916 by *Niceley) Local Education Agencies As introduced, provides for reestablishment of elected office of school superintendent for county or city school systems upon twothirds vote of county or city governing body and approval in an election on the question by the voters; provides for qualifications of candidates; adjusts duties of the local board of education in county or city school systems electing superintendents. Amends TCA Title 49. HB 0966 by *White D (SB 0264 by *Gresham) Education As introduced, requires suspension of any student who commits or threatens violence against school personnel or assaults a principal, teacher, school bus driver or other school personnel with vulgar, obscene or threatening language immediately following any required procedures. Amends TCA Title 49. ** TEA bill