Performance Pay for Teachers

Requires the department of education to adopt an extraordinary
performance pay plan for elementary and secondary public school
teachers who demonstrate exemplary teaching performance in the
classroom.  Appropriates funds.

SB SMO 99-028
THE SENATE                              S.B. NO.           954
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 2 a new chapter to be appropriately designated and to read as
 3 follows:
 4                             "CHAPTER
 6         -1  Short title.  This chapter shall be known and may be
 7 cited as the Extraordinary Performance Pay for Teachers Act.
 8         -2  Purpose.  The purpose of this chapter is to require
 9 the department of education to design and implement an
10 extraordinary performance pay plan for teachers who demonstrate
11 outstanding teaching in the classroom.
12         -3  Definitions.  As used in this chapter, unless the
13 context otherwise requires:
14      "Academic year" means that portion of the school year during
15 which schools are in regular session.
16      "Department" means the department of education.
17      "Extraordinary performance pay plan" means a pay plan that:
18      (1)  Is adopted by the department in accordance with this
19           chapter;

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 1      (2)  Is supplemental to the regular salary plan of the
 2           department; and
 3      (3)  Awards teachers exclusively for classroom practices.
 4      "School" means any elementary or secondary public school of
 5 the State.
 6      "Teacher" means an individual who is instructing students in
 7 a school.
 8         -4  Participation in pay plan.(a)  The department
 9 shall adopt an extraordinary performance pay plan.  Schools shall
10 elect to either participate or not participate in the performance
11 pay plan under provisions set forth in   -7(a).
12      (b)  New or beginning teachers at schools that elect to
13 participate in the pay plan shall have the option of
14 participating or not participating in the plan the first year
15 they teach in a participating school.  All other teachers in a
16 school that elects to participate shall participate in the pay
17 plan.
18         -5  Funding for pay plan.  Funding for the extraordinary
19 performance pay plan shall be by legislative appropriation made
20 specifically for this purpose.
21         -6  Duties of the department.  The department shall:
22      (1)  Place a strict ceiling on the number of teachers,
23           statewide, to receive extraordinary performance pay.
24           The ceiling shall be no higher than fifteen per cent of
25           all teachers at schools that elect to participate in

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 1           the pay plan.  Additionally not more than fifteen per
 2           cent of the teachers in each school that elects to
 3           participate in the pay plan shall be chosen to receive
 4           performance pay, irrespective of where the statewide
 5           ceiling is set.  After the ceiling is established, the
 6           department shall then determine the maximum amount of
 7           money to be awarded to each teacher eligible for
 8           performance pay, subject to the availability of funds.
 9           There shall be no limit on the number of times an
10           individual teacher can be awarded performance pay over
11           a period of years.
12      (2)  Choose, or develop an instrument containing specific
13           criteria for evaluating teachers' performance in the
14           classroom.  Evaluators shall be chosen pursuant to
15             -7(b) (2).  The criteria  shall be developed or
16           chosen in consultation with school administrators and
17           teachers. Input from any Hawaii teachers shall be
18           considered. The instrument shall clearly define
19           evaluation criteria and link the criteria with some
20           kind of point system. The criteria shall include:
21           (A)  Instructional effectiveness which takes into
22                account student achievement and improvement in the
23                classroom.  Forty per cent of the total points
24                shall be comprised of instructional effectiveness

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 1                points;
 2           (B)  Classroom management skills including methods of
 3                discipline.  Thirty per cent of the total points
 4                shall be comprised of classroom management skill
 5                points; and
 6           (C)  Communication skills, including, the ability to
 7                present and discuss ideas.  Thirty per cent of the
 8                total points shall be comprised of communication
 9                effectiveness points; and
10      (3)  Adopt procedural rules to be followed by the evaluators
11           as set forth in    -7(b)(2) in accordance with chapter
12           91 for evaluating teachers' performance in the
13           classroom.  The procedures shall include:
14           (A)  A pre-evaluation interview with the evaluators or
15                meeting with the teachers about the objectives of
16                the pay plan and the criteria for evaluation;
17           (B)  Yearly classroom observations of teachers;
18           (C)  A review of indicators of student progress;
19           (D)  A post-evaluation interview with randomly selected
20                teacher and administrator participants focusing on
21                general opinions about the pay plan, suggestions
22                for improvement, and reasons why the pay plan is
23                desirable or undesirable;

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 1           (E)  A review of a post-evaluation questionnaire given
 2                to teachers who received performance pay, designed
 3                to assess the attainment of the pay plan's
 4                objectives, such as whether the performance pay
 5                was motivating enough to continue excellent
 6                performance; and
 7           (F)  A post-evaluation, overall assessment of the pay
 8                plan by the evaluators and the department using
 9                data derived from the interviews, questionnaires,
10                and yearlong observations.
11         -7  Duties of a principal.(a)  The principal of a
12 school shall:
13      (1)  Confer with the school's school/community-based
14           management council (if the school is participating in
15           that system) to reach a joint decision of whether the
16           school will participate in the pay plan;
18      (2)  Confer with the school's teachers to jointly determine
19           whether the school will participate in the pay plan if
20           the school is not participating in the
21           school/community-based management system.
22      (b)  The principal of a school that elects to participate in
23 the pay plan shall:
24      (1)  Follow and implement the procedural rules adopted
25           pursuant to section    -6(3) and any other rules

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 1           adopted by the department;
 2      (2)  Organize and select evaluators.  A teacher shall be
 3           evaluated by the principal, the teacher's department
 4           head or immediate supervisor, and an expert instructor
 5           from another school who teaches the same subjects as
 6           the teacher being evaluated;
 7      (3)  Determine which teachers shall receive performance pay
 8           based on:
 9           (A)  The number of points accumulated on the
10                evaluations; and
11           (B)  The number of teachers to receive performance pay
12                in the school as determined by the department;
13           and
14      (4)  Confer with teachers who were awarded performance pay
15           to identify the type of reward the teachers would
16           prefer, for example, direct payment for the amount
17           awarded, extra resources for their classroom,
18           conference attendance, or partial or full tuition at
19           the college of their choice.
20         -8  Modification of procedural rules.  A school
21 participating in the school/community-based management system may
22 request an exemption from the procedural rules adopted pursuant
23 to section    -6(3) and those provisions of the pay plan not
24 specifically required by law, subject to the availability of

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 1 funds and in accordance with the requirements of chapter 296C."
 2      SECTION 2.  There is appropriated out of the general
 3 revenues of the State of Hawaii the sum of $         for fiscal
 4 year 2000 and $         for fiscal year 2001 to carry out the
 5 purposes of this Act.  The sum appropriated shall be expended by
 6 the department of education.
 7      SECTION 3.  If any provision of this Act, or the application
 8 thereof to any person or circumstance is held invalid, the
 9 invalidity does not affect other provisions or applications of
10 the Act which can be given effect without the invalid provision
11 or application, and to this end the provisions of this Act are
12 severable.
13      SECTION 4.  New statutory material is underscored.
14      SECTION 5.  This Act shall take effect on July 1, 2000 and
15 shall be repealed on June 30, 2005.
17                              INTRODUCED BY:______________________

SB SMO 99-028