Arizona Education Association

Summer 2013

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AT THE CAPITOL Legislative Update: SB 2500, cont. from page 7 HB 2500 Summary (as passed the Arizona House on February 28, 2013) Probationary Teachers •Defines a "probationary teacher" as a certificated teacher who is not a continuing teacher. – Though common to hear references to a "probationary" or "continuing" teacher at a school district level, these terms were never referenced in Arizona statute. HB 2500 places the term "probationary" (those who have taught under three years) and "continuing" (those who have taught over three years) into state law. •Removes the new "fourth" year probationary status allowance that was passed last legislative session in HB 2823. This permitted a school district to extend probationary status to a fourth year for teachers if they were ranked in one of the two lowest performance classifications. – The AEA is okay with removing this language because it confuses the issue of when a teacher gains "continuing" status. •Requires that a notice of inadequacy must be given to the teacher so he/she can correct the inadequacies and "maintain adequate classroom performance as defined by the governing board." The current requirement is for a teacher in this situation to correct the inadequacies and "overcome the grounds for such charge." – The AEA attempted to keep the current statutory language that requires the teacher in these situations to correct the inadequacies and "overcome the grounds for such charge." The argument made by the Arizona School Board Association is that teachers should be maintaining adequate classroom performance across the board and not be able to fall below in other areas even if he/she "fixed" the original deficiency. In the end, it will be dependent on local governing board policy to set the definition of "maintaining adequate classroom performance." •Removes the current January 15 deadline in which probationary teachers must be notified of nonrenewal if related to inadequate classroom performance. – With the removal of this January 15 date, Summer.13advo.indd 8 the AEA obtained language in another part of this bill to make sure that a probationary teacher is notified and afforded a full 45 instructional days of improvement time before they can be non-renewed for inadequate classroom performance. Continuing Teachers •Requires a teacher who is currently a continuing teacher but who has been designated after an evaluation in the lowest performance classification ("ineffective") for the current school year to become a probationary teacher for the subsequent school year. This teacher shall remain a probationary teacher until his/her performance classification is designated in either of the two highest performance classifications ("highly effective" or "effective"). – The AEA was successful in amending language out of HB 2500 that would have immediately removed due process for any continuing teacher who was given a "developing" or "ineffective" classification after a full evaluation (which includes a minimum of two observations). The prior language would have permitted a district to immediately classify for the current year a continuing teacher labeled "ineffective" as probationary and nonrenewed that teacher without a hearing. The language currently in HB 2500 as passed in the Arizona House, retains due process for a continuing teacher rated "ineffective" for the current school year. A district may offer a contract to a teacher in this situation, but the next school year this teacher will be "probationary" until his/her evaluation designates them as effective or highly effective. •Defines "continuing teacher" as a certificated teacher who has been and is currently employed by the school district for the major portion of three consecutive school years and who has not been designated in the lowest performance classification for the previous school year. Performance Improvement Time •Reduces the performance improvement time to 45 instructional days for both a Continued on page 26 8 Summer 2013 x AEA Advocate 3/18/13 12:03 PM

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