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April / May 2016

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April/May 2016 isea.org • ISEA Communiqué 12 LEGAL Who was on the committee? We had 21 members representing public and private institutions in Iowa. The group included teachers, administrators, school board members, business representatives and parents. What about SBAC made you support the recommendation? SBAC was the best choice available. It's aligned to the ICCSS and allows educators to get a more accurate picture of what each student knows and understands. It is not a percentile ranking system which lets us make stronger instructional decisions for students. It's also an opportunity to do a test audit in each district so we can do away with duplicative testing because of the depth and breadth of the SBAC offerings. It was recommended by a 20-1 vote of the committee. We stood by the committee's decision because we experienced the open, thoughtful and meaningful discussions that brought forth the recommendation. How did the group make the decision? We first met in October 2013 and, over several subsequent meetings, created a detailed rubric by which we'd measure the testing assessments. In addition to the rubric we interviewed students, teachers and administrators who piloted the tests. Each meeting was open to the public. By the time of our last meeting we tallied more than 185 hours of work before we came to our recommendation. What were your choices? Our RFI received these responses: ACT, CollegiateZone Enterprises, CTB/McGraw Hill, Data Recognition Corp, Next Generation Iowa Assessments, Northwest Evaluation Association, Pearson: custom Iowa-based assessment (submitted Smarter Balanced Assessments), and Turning Technologies. Isn't this expensive? The entire assessment suite is estimated at $26/ child, which is more expensive than the current Iowa Assessments (remember this wasn't even an option for the group to consider). The suite includes summative and interim assessments, as well as a digital library of curriculum. And most importantly, it actually tests what we're teaching and it gives us much more to work with for each child. Please check out the task force's full report at: www. educateiowa.gov/documents/boards-committees- councils-and-task-forces/2015/01/2014-12-31-iowa- assessment-task-force Smarter Balanced Q & A YOUR RIGHTS Contract renewal and you Written contracts between teachers and school districts are a two-way street. Teachers sign them for the security of employment the following year. Districts issue them to ensure staffing needs for the following year are met. If you sign your continuing contract for the 2016-2017 school year and then interview for positions with other districts, you cannot sign a 2016-2017 contract in a new district until your current employer has released you from your contract. NOTE: It is ILLEGAL to be under contract in two school districts simultaneously. To obtain release from a signed 2016-2017 contract, you must submit a written resignation and await its acceptance by the local school board. When submitting your resignation be aware that nothing requires the school board in your current district to release you. If the district chooses to consider releasing you from your contract, it can attach conditions to the release. The most common condition of release is to offer release pending securement of a "suitable replacement." Whether or not applicants for your position are "suitable" is determined solely by the district. If no candidate is deemed suitable or no candidate accepts your position, your resignation will be rejected and you must honor your signed contract or face potential Board of Educational Examiner licensure sanctions. NOTE: Your current employer is under no legal obligation to search for a replacement for you. It can refuse your resignation without even searching for a suitable replacement. Another common condition for release is payment of search costs and/ or a fee. Contract release fees, which usually increase as the summer progresses, are frequently enumerated in local board policy. Possible consequences for signing a contract with a new district prior to obtaining release from your current district include: (1) the filing of Board of Educational Examiners complaints against your teaching license, (2) Board of Educational Examiners taking disciplinary action against your licensure via a reprimand, suspension, or revocation, and (3) your current employer suing you for breach of contract and damages. NOTE: Standard V of the Board of Educational Examiner Code of Professional Conduct and Ethics specifically addresses contractual obligations. The Board of Educational Examiners will not sanction a teacher's license for breach of contract if the teacher submits a resignation no later than the last work day of the school year, the date set for return of your individual contract (21 days after issuance), or June 30. This, however, does not eliminate the possibility of your local school board suing you in civil court for breach of contract. by Jay Hammond, ISEA staff counsel

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