FIRST REGULAR SESSION

HOUSE BILL NO. 631

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES ELMER (Sponsor), JONES (110), COOKSON, BARNES AND JONES (50) (Co-sponsors).

1246L.01I D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To repeal sections 160.045, 168.104, 168.114, 168.124, 168.126, 168.128, 168.221, and 168.410, RSMo, and to enact in lieu thereof six new sections relating to educator quality.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Sections 160.045, 168.104, 168.114, 168.124, 168.126, 168.128, 168.221, and 168.410, RSMo, are repealed and six new sections enacted in lieu thereof, to be known as sections 168.104, 168.114, 168.124, 168.128, 168.221, and 168.310, to read as follows:

168.104. The following words and phrases when used in sections 168.102 to 168.130, except in those instances where the context indicates otherwise, mean:

(1) "Board of education", the school board or board of directors of a school district, except a metropolitan school district, having general control of the affairs of the district;

(2) "Demotion", any reduction in salary or transfer to a position carrying a lower salary, except on request of a teacher, other than any change in salary applicable to all teachers or all teachers in a classification;

(3) "Indefinite contract", every contract heretofore or hereafter entered into between a school district and a permanent teacher;

(4) "Permanent teacher", any teacher who has been employed or who is hereafter employed as a teacher in the same school district for five successive years and who has continued or who thereafter continues to be employed as a teacher by the school district or any supervisor of teachers who was employed as a teacher in the same school district for at least five successive years prior to becoming a supervisor of teachers and who continues thereafter to be employed as a certificated employee by the school district; except that, when a permanent teacher resigns or is permanently separated from employment by a school district, and is afterwards reemployed by the same school district, reemployment for the first school year does not constitute an indefinite contract but if he or she is employed for the succeeding year, the employment constitutes an indefinite contract; and except that any teacher employed under a part-time contract by a school district shall accrue credit toward permanent status on a prorated basis. Any permanent teacher who is promoted with his or her consent to a supervisory position including principal or assistant principal, or is first employed by a district in a supervisory position including principal or assistant principal, shall not have permanent status in such position but shall retain tenure in the position previously held within the district, or, after serving two years as principal or assistant principal, shall have tenure as a permanent teacher of that system;

(5) "Probationary teacher", any teacher as herein defined who has been employed in the same school district for five successive years or less. In the case of any probationary teacher who has been employed in any other school system as a teacher for two or more years, the board of education shall waive one year of his or her probationary period;

(6) "School district", every school district in this state, except metropolitan school district as defined in section 162.571;

(7) "Student growth", the change in achievement for an individual student between two or more points in time based on standards-based measures that are rigorous, valid, and comparable across classrooms of similar content and levels;

(8) "Teacher", any employee of a school district, except a metropolitan school district, regularly required to be certified under laws relating to the certification of teachers, except superintendents and assistant superintendents but including certified teachers who teach at the prekindergarten level in a nonmetropolitan public school within a prekindergarten program in which no fees are charged to parents or guardians;

(9) "Value-added model", a growth model used to isolate the effect of a teacher's impact on student learning, controlling for preexisting characteristics of a student, including prior achievement.

168.114. 1. An indefinite contract with a permanent teacher shall not be terminated by the board of education of a school district except for one or more of the following causes:

(1) Physical or mental condition unfitting him or her to instruct or associate with children;

(2) Immoral conduct;

(3) Incompetency, which shall be defined to include two consecutive ratings of "ineffective" under section 168.128, inefficiency or insubordination in line of duty;

(4) Willful or persistent violation of, or failure to obey, the school laws of the state or the published regulations of the board of education of the school district employing him or her;

(5) Excessive or unreasonable absence from performance of duties; or

(6) Conviction of a felony or a crime involving moral turpitude.

2. (1) The criteria for a school district to grant permanent teacher status to a teacher shall include multiple measures for assessing a teacher's effectiveness, which include but are not limited to the following:

(a) Evidence of demonstrated effectiveness, as shown through objective measures of student academic growth, which shall be the predominant criterion for gaining permanent teacher status;

(b) Other multiple measures of teacher performance, including multiple classroom observations and classroom and district measures of student learning; and

(2) Upon meeting the requirements provided in subdivision (1) of this subsection, a teacher shall undergo a formal review and conferral process before gaining permanent teacher status. The formal review shall be conducted by the teacher's principal and the superintendent's designee and shall include a review of the teacher's performance evaluations and progress as an instructor, as demonstrated by the criteria outlined in this subsection.

3. In determining the professional competency of or efficiency of a permanent teacher, consideration should be given to regular and special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which may have been adopted by the school board.

168.124. 1. The board of education of a school district may place on leave of absence as many teachers as may be necessary because of a decrease in pupil enrollment, school district reorganization or the financial condition of the school district. [In placing teachers on leave,] The board of education shall be governed by the following provisions when placing teachers on leave and when using the educator evaluations of section 168.128 to inform all staffing decisions:

(1) [No permanent teacher shall be placed on leave of absence while probationary teachers are retained in positions for which a permanent teacher is qualified;

(2) Permanent teachers shall be retained on the basis of performance-based evaluations and seniority (however, seniority shall not be controlling) within the field of specialization;

(3) Permanent teachers shall be reinstated to the positions from which they have been given leaves of absence, or if not available, to positions requiring like training and experience, or to other positions in the school system for which they are qualified by training and experience;

(4) No appointment of new teachers shall be made while there are available teachers on unrequested leave of absence who are properly qualified to fill such vacancies;

(5)] It shall base decisions regarding significant differentiation in retention, promotion, dismissals, and other staffing decisions, including transfers, placements, and preferences in the event of reductions in force, primarily on the results of annual performance evaluations for teachers and principals;

(2) The board's reduction in force policy shall not use differentiation in compensation levels, seniority, degrees, or credentials as a basis for determining pay or pay increases, or making the retention, promotion, dismissal, and staffing decisions described in this section; provided, that nothing in this subsection shall prohibit a cost of living adjustment tied in whole or in part to prior compensation levels;

(3) Notwithstanding any provision of law to the contrary, a district shall not adopt or implement policies that permit length of service to serve as the primary factor when conducting layoffs or a reduction in force. A district instead shall utilize the results of annual evaluations, as prescribed in section 168.128, as the primary factor when conducting a reduction in force;

(4) Unless otherwise prohibited by law, these provisions are effective immediately and any contrary provisions of collective bargaining agreements, regulations, or policies are voided;

(5) In the case where teachers have equal performance scores as determined by the required evaluations in section 168.128, the board shall consider the following factors when determining which teachers to place on leave or when making staffing decisions:

(a) Significant relevant contributions, accomplishments, or performance;

(b) Relevant supplemental professional experiences as demonstrated on the job;

(6) A teacher placed on leave of absence may engage in teaching or another occupation during the period of such leave;

[(6)] (7) The leave of absence shall not impair the tenure of a teacher;

[(7)] (8) The leave of absence shall continue for a period of not more than three years unless extended by the board.

2. Should a board of education choose to utilize the mechanism for reducing teacher forces as provided in subsection 1 of this section in an attempt to manage adverse financial conditions caused at least partially by a withholding of, or a decrease or less than expected increase in, education appropriations, then the district additionally shall follow the provisions of subsection 3 of this section.

3. If a school district has an unrestricted combined ending fund balance of more than ten percent of current expenditures in its teachers' and incidental funds, and in the subsequent fiscal year such district, because of state appropriations, places a contracted teacher on leave of absence after forty days subsequent to the governor signing the elementary and secondary education appropriation bill, the district shall pay the affected teacher the greater of his or her salary for any days worked under the contract, or a sum equal to three thousand dollars.

168.128. 1. The board of education of each school district shall maintain records showing periods of service, dates of appointment, and other necessary information for the enforcement of sections 168.102 to 168.130. In addition, the board of education of each school district shall cause a comprehensive, performance-based evaluation for each teacher employed by the district. Such evaluations shall be ongoing and [of sufficient specificity and frequency] performed annually to provide for demonstrated standards of competency and academic ability.

2. The evaluation system shall include formative performance reviews to provide feedback to teachers and shall include summative evaluations. Each teacher and principal contract and collective bargaining agreement shall authorize the use of evaluation results as the basis for the decisions described in this subsection. Evaluation results shall also be used to provide high-quality, individualized supports, and professional development for teachers and principals.

3. Each local school district shall establish and implement a local evaluation system for teachers and principals centered on student achievement. Evaluations of all personnel shall be conducted annually based on the following parameters:

(1) Each local district shall develop and implement an evaluation system for elementary and secondary school teachers and principals that uses multiple measures, all aligned with growth in student achievement, and shall use the evaluation system as the basis for personnel decisions about teachers and principals, consistent with this section and with implementing regulations issued by the department of elementary and secondary education with input from the local districts;

(2) If a district fails to adopt an evaluation system consistent with the requirements and timelines of this section, or at the election of the district, the district shall use the model evaluation system developed by the department of elementary and secondary education under subsection 5 of this section;

(3) The evaluation system shall be developed and implemented in consultation with teachers and principals and with parents of students;

(4) Teachers and principals shall be evaluated using multiple, fair, rigorous, transparent, and valid measures. Evaluation measures shall include the following elements:

(a) For those teachers who teach courses that are subject to annual assessments aligned with state standards, student achievement, and student growth on such assessments shall count for at least fifty percent of the evaluation, using value-added measures developed by the department of elementary and secondary education;

(b) For teachers who do not directly instruct students in subjects and grades subject to assessments aligned with state standards, but who are expected through team teaching to contribute to student performance on such assessments, growth in student achievement on such assessments shall be used as an evaluation measure and shall count for a percentage of the evaluation to be determined by the district;

(c) Student growth shall be measured through such assessments in accordance with value-added methods or models developed by the department of elementary and secondary education, and shall reflect at least one year's worth of growth for a school year of instruction, or that students otherwise achieved appropriate growth based on expectations derived from at least two years of individual student achievement data;

(d) Student growth may be measured through other rigorous, valid, and reliable assessments approved by the department of elementary and secondary education;

(e) Multiple additional measures for teachers shall be correlated with impacts on student achievement results. These measures shall include student surveys and multiple classroom observations each year by trained master teachers, principals, administrators, or other professionals, using clear, consistent observation rubrics provided to the teacher in advance of the school year, and may include other measures aligned with student achievement as determined at the local level;

(f) Multiple additional measures for principals shall be correlated with impacts on student achievement results for students in all subgroups and shall include the principal's ability to attract, develop, and retain highly effective teachers; management of the school, including its finances, space, and legal compliance; and parental engagement in the school; and may include other measures aligned with student achievement;

(5) Each teacher and principal shall be given one of four rating levels that are designated as "highly effective", "effective", "minimally effective", or "ineffective", as further defined by the department of elementary and secondary education or the local school district; provided, that the effectiveness rating shall be based in significant part on the measures related to student growth;

(6) Districts shall base decisions regarding significant differentiation in retention, promotion, dismissals, and other staffing decisions, including transfers, placements, and preferences in the event of a reduction in force, primarily on evaluation results for teachers and principals. Each teacher and principal contract and collective bargaining agreement entered into, including option years exercised, after the effective date of this section shall authorize use of evaluation as the basis for the decisions described in this subsection.

4. Consistent with department of elementary and secondary education regulations, each district shall fully implement an evaluation system that conforms to the provisions of this section, including using the evaluation results for personnel decisions in advance of the next school year. Each district, with such assistance as may be available from the department of elementary and secondary education, shall develop an evaluation system that conforms to the provisions of this section and implement it using the same time frame used by the department of elementary and secondary education in conjunction with the department's waiver from the federal Elementary and Secondary Education Act.

5. (1) If a permanent teacher has received a rating of ineffective or minimally effective on an annual year-end performance evaluation, the school district shall provide the teacher with an individualized development plan developed by appropriate administrative personnel in consultation with the individual teacher.

(2) Any permanent teacher who receives a rating of ineffective or minimally effective on an annual performance evaluation shall be placed on a remediation period following the receipt of the notice of ineffective or minimally effective performance.

(3) During the remediation period, the teacher in question shall be provided assistance and in-service training opportunities to help correct any noted performance deficiencies.

(4) If the teacher does not receive a rating of effective or higher by the time of the subsequent annual year-end performance evaluation, the teacher's permanent teacher status shall be revoked and the teacher shall be placed on probationary teacher status, receive additional professional development, and shall be eligible for dismissal or demotion.

6. The department of elementary and secondary education shall:

(1) Promulgate rules and regulations governing the development and implementation of local evaluation systems under subsection 3 of this section. Such rules and regulations shall be designed to preserve autonomy and flexibility for districts to adopt their own policies and processes for the evaluation system and may include, but not be limited to:

(a) Processes and requirements to determine the teacher of record for purposes of assigning student achievement scores to a teacher in evaluating the teacher's performance;

(b) Standards for rating levels to be assigned to teachers and principals, consistent with subsection 3 of this section;

(c) Processes and requirements for value-added models to be used in measuring student achievement growth for purposes of teacher and principal evaluation;

(2) Develop, implement, and publicly disseminate a statewide student growth model and a value-added model for determining student growth on assessments;

(3) Provide technical assistance to districts in developing and implementing a local evaluation system;

(4) Develop a model evaluation system that shall be used by districts that are not able to develop their own system or that elect to use the state model evaluation system;

(5) Establish and implement a process to approve assessments and forms; and

(6) Monitor local evaluation systems established under subsection 3 of this section to ensure that evaluation outcomes are consistent in the aggregate with student achievement results at the district and school levels; and that the evaluation systems meet the requirements of this section and implement rules and regulations issued by the department of elementary and secondary education; and direct any appropriate corrective actions.

7. The contract of any probationary teacher who has been rated "ineffective", as defined by the required evaluations of this section, for two consecutive school years, shall not be renewed.

8. All evaluations shall be maintained in the teacher's personnel file at the office of the board of education. A copy of each evaluation shall be provided to the teacher and appropriate administrator. [The state department of elementary and secondary education shall provide suggested procedures for such an evaluation.]

168.221. 1. The first five years of employment of all teachers entering the employment of the metropolitan school district shall be deemed a period of probation during which period all appointments of teachers shall expire at the end of each school year. During the probationary period any probationary teacher [whose work is unsatisfactory] who is deemed ineffective or minimally effective pursuant to annual evaluations of section 168.128 shall be furnished by the superintendent of schools with a written statement setting forth the nature of his or her incompetency. If improvement satisfactory to the superintendent is not made within one semester after the receipt of the statement, the probationary teacher shall be dismissed. The semester granted the probationary teacher in which to improve shall not in any case be a means of prolonging the probationary period beyond five years and six months from the date on which the teacher entered the employ of the board of education. The superintendent of schools on or before the fifteenth day of April in each year shall notify probationary teachers who will not be retained by the school district of the termination of their services. Any probationary teacher who is not so notified shall be deemed to have been appointed for the next school year. A teacher may be considered for a permanent appointment upon the successful completion of the probationary period, but in no case shall permanent status be automatically granted. Any principal who prior to becoming a principal had attained permanent employee status as a teacher shall upon ceasing to be a principal have a right to resume his or her permanent teacher position with the time served as a principal being treated as if such time had been served as a teacher for the purpose of calculating seniority and pay scale. The rights and duties and remuneration of a teacher who was formerly a principal shall be the same as any other teacher with the same level of qualifications and time of service. The criteria for granting a permanent appointment to a teacher shall include multiple measures for assessing a teacher's effectiveness, which include but are not limited to the following:

(1) (a) Evidence of demonstrated effectiveness, as shown through objective measures of student academic growth, which shall be the predominant criterion for granting a permanent appointment;

(b) Other multiple measures of teacher performance, including multiple classroom observations and classroom and district measures of student learning; and

(2) Upon meeting the requirements provided in subdivision (1) of this subsection, a teacher shall undergo a formal review and conferral process before being granted a permanent appointment. The formal review shall be conducted by the teacher's principal and the superintendent's designee and shall include a review of the teacher's performance evaluations and progress as an instructor, as demonstrated by the criteria outlined in this subsection.

2. After completion of satisfactory probationary services, appointments of teachers shall become permanent, subject to removal for any one or more causes herein described and to the right of the board to terminate the services of all who attain the age of compulsory retirement fixed by the retirement system. In determining the duration of the probationary period of employment in this section specified, the time of service rendered as a substitute teacher shall not be included.

3. No teacher whose appointment has become permanent may be removed except for one or more of the following causes: incompetency, which shall be defined to include two consecutive ratings of "ineffective" pursuant to the evaluations in section 168.128, immorality, inefficiency in line of duty, violation of the published regulations of the school district, violation of the laws of Missouri governing the public schools of the state, or physical or mental condition which incapacitates him or her for instructing or associating with children, and then only by a vote of not less than a majority of all the members of the board, upon written charges presented by the superintendent of schools, to be heard by the board after thirty days' notice, with copy of the charges served upon the person against whom they are preferred, who shall have the privilege of being present at the hearing, together with counsel, offering evidence and making defense thereto. Notifications received by an employee during a vacation period shall be considered as received on the first day of the school term following. At the request of any person so charged the hearing shall be public. During any time in which powers granted to the district's board of education are vested in a special administrative board, the special administrative board may appoint a hearing officer to conduct the hearing. The hearing officer shall conduct the hearing as a contested case under chapter 536 and shall issue a written recommendation to the board rendering the charges against the teacher. The board shall render a decision on the charges upon the review of the hearing officer's recommendations and the record from the hearing. The action and decision of the board upon the charges shall be final. Pending the hearing of the charges, the person charged may be suspended if the rules of the board so prescribe, but in the event the board does not by a majority vote of all the members remove the teacher upon charges presented by the superintendent, the person shall not suffer any loss of salary by reason of the suspension. Inefficiency in line of duty is cause for dismissal only after the teacher has been notified in writing at least one semester prior to the presentment of charges against him or her by the superintendent. The notification shall specify the nature of the inefficiency with such particularity as to enable the teacher to be informed of the nature of his or her inefficiency.

4. No teacher whose appointment has become permanent shall be demoted nor shall his or her salary be reduced unless the same procedure is followed as herein stated for the removal of the teacher because of inefficiency in line of duty or incompetency, and any teacher whose salary is reduced or who is demoted may waive the presentment of charges against him or her by the superintendent and a hearing thereon by the board. The foregoing provision shall apply only to permanent teachers prior to the compulsory retirement age under the retirement system. Nothing herein contained shall in any way restrict or limit the power of the board of education to make reductions in the number of teachers or principals, or both, because of insufficient funds, decrease in pupil enrollment, or abolition of particular subjects or courses of instruction, except that the abolition of particular subjects or courses of instruction shall not cause those teachers who have been teaching the subjects or giving the courses of instruction to be placed on leave of absence as herein provided who are qualified to teach other subjects or courses of instruction, if positions are available for the teachers in the other subjects or courses of instruction.

5. Each metropolitan school district shall establish and implement a local evaluation system for teachers and principals that conforms to the requirements of section 168.128. If a teacher with a permanent appointment has received a rating of ineffective or minimally effective on an annual year-end performance evaluation, the school district shall provide the teacher with an individualized development plan developed by appropriate administrative personnel in consultation with the individual teacher.

(1) The teacher with a permanent appointment who receives a rating of ineffective or minimally effective on an annual performance evaluation shall be placed on a remediation period following the receipt of the notice of ineffective or minimally effective performance;

(2) During the remediation period, the teacher in question shall be provided assistance and in-service training opportunities to help correct any noted performance deficiencies;

(3) If the teacher does not receive a rating of effective or higher by the time of the subsequent annual year-end performance evaluation, the teacher's permanent appointment shall be revoked and the teacher shall be placed on probationary teacher status, receive additional professional development, and shall be eligible for dismissal or demotion.

6. Whenever it is necessary to decrease the number of teachers because of insufficient funds or a substantial decrease of pupil population within the school district, the board of education upon recommendation of the superintendent of schools may cause the necessary number of teachers beginning with those [serving probationary periods to be placed on leave of absence without pay, but only in the inverse order of their appointment] with the lowest annual evaluation results to be placed on leave of absence without pay. Nothing herein stated shall prevent a readjustment by the board of education of existing salary schedules. No teacher placed on a leave of absence shall be precluded from securing other employment during the period of the leave of absence. [Each teacher placed on leave of absence shall be reinstated in inverse order of his placement on leave of absence.] The superintendent shall not use differentiation in seniority, degrees, or credentials as a basis for determining which teacher shall be placed on leave of absence. Such reemployment shall not result in a loss of status or credit for previous years of service. No new appointments shall be made while there are available teachers on leave of absence who are seventy years of age or less and who are adequately qualified to fill the vacancy unless the teachers fail to advise the superintendent of schools within thirty days from the date of notification by the superintendent of schools that positions are available to them that they will return to employment and will assume the duties of the position to which appointed not later than the beginning of the school year next following the date of the notice by the superintendent of schools. The board of education shall be governed by the following provisions when placing teachers on leave and when using the educator evaluations of section 168.128 to inform all staffing decisions:

(1) It shall base decisions regarding significant differentiation in retention, promotion, dismissals, and other staffing decisions, including transfers, placements, and preferences in the event of reductions in force, primarily on the results of annual performance evaluations for teachers and principals;

(4) Unless otherwise prohibited by law, these provisions are effective immediately and any contrary provisions of collective bargaining agreements, regulations, or policies are voided;

(a) Significant relevant contributions, accomplishments, or performance;

(b) Relevant supplemental professional experiences as demonstrated on the job;

[6.] 7. If any regulation which deals with the promotion of teachers is amended by increasing the qualifications necessary to be met before a teacher is eligible for promotion, the amendment shall fix an effective date which shall allow a reasonable length of time within which teachers may become qualified for promotion under the regulations.

[7.] 8. A teacher whose appointment has become permanent may give up the right to a permanent appointment to participate in the teacher choice compensation package under sections 168.745 to 168.750.

9. The contract of any probationary teacher who has been rated "ineffective", as defined by the required evaluations of section 168.128, for two consecutive school years shall not be renewed.

168.310. 1. Each local school district shall develop guidelines for professional improvement plans for teachers, principals, and administrators no later than the beginning of the 2014-15 school year. The guidelines shall be developed to promote the ongoing development of knowledge and skills of teachers and principals. In developing such guidelines, the districts shall involve teachers chosen by the district teaching staff, administrators, and others.

2. The purpose of the professional improvement plan shall be to assist teachers in obtaining a satisfactory level of performance on any criterion as identified in subdivision (1) of subsection 3 of this section.

3. The process for development and implementation of improvement plans shall include, but not be limited to, the following:

(1) Identification of the performance-based teacher evaluation standard that needs improvement. Evaluation guidelines shall include, but not be limited to, the following criteria:

(a) Students of the teacher demonstrate appropriate progress that results in increased achievement;

(b) The teacher delivers the district curriculum utilizing effective instructional strategies;

(d) The teacher demonstrates reflective and positive collaborative practices;

(2) Selection of specific criteria that the teacher needs to improve. These criteria shall be taken from the locally developed performance-based teacher evaluation required under section 168.128;

(3) Clearly defined obtainable goals and objectives, and procedures with target dates for achieving the objectives. The procedures for obtaining objectives shall include a plan to expand the teacher's knowledge base a plan for implementation, and an analysis of the plan's impact on the teacher's performance and student success.

[160.045. 1. Each public school shall develop standards for teaching no later than June 30, 2010. The standards shall be applicable to all public schools, including public charter schools operated by the board of a school district.

2. Teaching standards shall include, but not be limited to, the following:

(1) Students actively participate and are successful in the learning process;

(2) Various forms of assessment are used to monitor and manage student learning;

(3) The teacher is prepared and knowledgeable of the content and effectively maintains students' on-task behavior;

(4) The teacher uses professional communication and interaction with the school community;

(5) The teacher keeps current on instructional knowledge and seeks and explores changes in teaching behaviors that will improve student performance; and

(6) The teacher acts as a responsible professional in the overall mission of the school.

3. The department may provide assistance to public schools in developing these standards upon request.]

[168.126. 1. A board of education at a regular or special meeting may contract with and employ by a majority vote legally qualified probationary teachers for the school district. The contract shall be made by order of the board; shall specify the number of months school is to be taught and the wages per month to be paid; shall be signed by the probationary teacher and the president of the board, or a facsimile signature of the president may be affixed at his discretion; and the contract shall be attested by the secretary of the board by signature or facsimile. The board shall not employ one of its members as a teacher; nor shall any person be employed as a teacher who is related within the fourth degree to any board member, either by consanguinity or affinity, where the vote of the board member is necessary to the selection of the person.

2. If in the opinion of the board of education any probationary teacher has been doing unsatisfactory work, the board of education, through its authorized administrative representative, shall provide the teacher with a written statement definitely setting forth his alleged incompetency and specifying the nature thereof, in order to furnish the teacher an opportunity to correct his fault and overcome his incompetency. If improvement satisfactory to the board of education has not been made within ninety days of the receipt of the notification, the board of education may terminate the employment of the probationary teacher immediately or at the end of the school year. Any motion to terminate the employment of a probationary teacher shall include only one person and must be approved by a majority of the members of the board of education. A tie vote thereon constitutes termination. On or before the fifteenth day of April in each school year, the board of education shall notify in writing a probationary teacher who will not be retained by the school district of the termination of his employment. Upon request, the notice shall contain a concise statement of the reason or reasons the employment of the probationary teacher is being terminated. If the reason for the termination is due to a decrease in pupil enrollment, school district reorganization, or the financial condition of the school district, then the district shall in all cases issue notice to the teacher expressly declaring such as the reason for such termination. Nothing contained in this section shall give rise to a cause of action not currently cognizant at law by a probationary teacher for any reason given in said writing so long as the board issues the letter in good faith without malice, but an action for actual damages may be maintained by any person for the deprivation of a right conferred by this act.

3. Any probationary teacher who is not notified of the termination of his employment shall be deemed to have been appointed for the next school year, under the terms of the contract for the preceding year. A probationary teacher who is informed of reemployment by written notice shall be tendered a contract on or before the fifteenth day of May, and shall within fifteen days thereafter present to the employing board of education a written acceptance or rejection of the employment tendered, and failure of such teachers to present the acceptance within such time constitutes a rejection of the board's offer. A contract between a probationary teacher and a board of education may be terminated or modified at any time by the mutual consent of the parties thereto.]

[168.410. School administrators and school district superintendents shall be evaluated in the following manner:

(1) The board of education of each school district shall cause a comprehensive performance-based evaluation for each administrator employed by the district. Such evaluation shall be ongoing and of sufficient specificity and frequency to provide for demonstrated standards of competency and academic ability;

(2) All evaluations shall be maintained in the respective administrator's personnel file at the office of the board of education of the school district. A copy of each evaluation shall be provided to the person being evaluated and to the appropriate administrator;

(3) The state department of elementary and secondary education shall provide suggested procedures for the evaluations performed under this section.]

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