Teachers, Principals and School Personnel - As enacted, changes date by which assignments for the following school year and notices of termination must be sent to school personnel from May 15 to June 15; specifies that director of schools must decide if a teacher is qualified for an open position; changes various requirements for obtaining tenure and other tenure-related provisions. - Amends TCA Title 49, Chapter 5.
SB1528 has been assigned Public Chapter Number 70 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB1528Date
    Pub. Ch. 70 04/28/2011
    Effective date(s) 07/01/1104/28/2011
    Signed by Governor.04/12/2011
    Transmitted to Gov. for action.04/06/2011
    Signed by H. Speaker04/05/2011
    Signed by S. Speaker04/01/2011
    Enrolled and ready for signatures03/31/2011
    S. concurred in H. am. 103/31/2011
    Placed on Senate Message Calendar cal. for 3/31/201103/29/2011
    Passed H., as am., 65, Nays 32 03/24/2011
    Am. withdrawn.(Amendment 3 - HA0099)03/24/2011
    Am. no. 2 as am. tabled Ayes 61, Nays 36 03/24/2011
    H. adopted am.(Amendment 2 of 1 - HA0100)03/24/2011
    H. adopted am.(Amendment 1 of 0 - HA0059)03/24/2011
    Subst. for comp. HB.03/24/2011
    Rcvd. from S., held on H. desk.03/14/2011
    Sponsor(s) Added.03/10/2011
    Engrossed; ready for transmission to House03/10/2011
    Passed S. as am., Ayes 21, Nays 1203/10/2011
    Am. 2 tabled 03/10/2011
    S. adopted am.(Amendment 1 of 0 - SA0033)03/10/2011
    Placed on Senate Regular Calendar cal. for 3/10/201103/08/2011
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 6, Nays 3 PNV 003/02/2011
    Sponsor(s) Added.02/28/2011
    P2C, ref. to S. Ed. Comm.02/24/2011
    Placed on S. Ed. Comm. cal. for 3/2/201102/23/2011
    Intro., P1C.02/23/2011
    Filed for intro.02/17/2011
    Actions For HB2012Date
    Comp. became Pub. Ch. 7004/28/2011
    Comp. SB subst. 03/24/2011
    Sponsor(s) Added.03/24/2011
    Sponsor(s) Added.03/21/2011
    H. Placed on Regular Calendar for 3/24/201103/17/2011
    Placed on cal. Calendar & Rules Committee for 3/17/201103/16/2011
    Rec. for Pass. if Am. ref. to: Calendar & Rules Committee03/15/2011
    Placed on cal. Education Committee for 3/15/201103/09/2011
    Rec. for pass. if am. by s/c ref. to Education Committee03/09/2011
    Placed on s/c cal Education Subcommittee for 3/9/201103/02/2011
    Assigned to s/c General Sub of Education03/01/2011
    Sponsor(s) Added.02/24/2011
    P2C, ref. to Education Committee02/24/2011
    P1C.02/23/2011
    Intro.02/17/2011
    Filed for intro.02/17/2011
  • AmendmentsFiscal Memos
    SA0033Amendment 1-1 to SB1528Fiscal Memo for SA0033 (4568)  
    SA0062Amendment 2- to SB1528 
    AmendmentsFiscal Memos
    HA0059Amendment 1-1 to HB2012Fiscal Memo for HA0059 (4716)  
    HA0096Amendment 2- to HB2012 
    HA0099Amendment 3- to HB2012 

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB1528

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    This bill changes various provisions of present law concerning the employment of teachers.

    Present law requires that all school personnel who are to be employed for the following school year must be assigned to a school by May 15. Present law also requires that teachers who have not attained tenure and who will not be retained by the LEA for the following school year must be notified of such fact by May 15. This bill changes the date by which notices of assignment or failure of reelection for the following school year must be provided to June 15.

    Present law authorizes any LEA to abolish a position after May 15, for sufficient, just and nondiscriminatory reasons; provided, that the person holding the position is notified immediately in writing stating the reasons for abolishing the position, and the person is entitled to the next position for which the person is certified to hold that opens within the school system during the remainder of the school year. This bill changes the word "certified" to "qualified" so that a person whose position is abolished after June 15 will be entitled to the next position that opens in the LEA for which the person is qualified during that school year. This bill requires that the director of schools must determine whether a teacher is qualified for an open position. This bill authorizes a teacher's most recent evaluations to be used as a factor in making the determination of whether a teacher is qualified for an open position.

    Under present law, inefficiency is one of the reasons for which a teacher may be fired or suspended. Present law defines "inefficiency" to mean being below the standards of efficiency maintained by others currently employed by the board for similar work, or habitually tardy, inaccurate or wanting in effective performance of duties. This bill specifies that "inefficiency" includes, but is not limited to, having evaluations demonstrating an overall performance effectiveness level that is "below expectations" or "significantly below expectations" as provided in the evaluation guidelines adopted by the state board of education.

    This bill removes the anachronistic term "limited tenure" from present law, as well as the term "permanent tenure" and substitutes instead the term "tenure". This bill revises the definition of "tenure" to specify that teachers must sustain a specified level of performance effectiveness on their evaluations to achieve and maintain tenure status. This bill also specifies that tenured teachers do not have a property right in their tenure status.

    This bill increases the probationary period that teachers must complete before becoming eligible for tenure from three school years or not less than 27 months within the last five-year period to five years or not less than 45 months within the last seven year period. Additionally, this bill requires that a teacher must have served the last two years, rather than the last year, of the teacher's probationary period in a regular teaching position in order to be eligible for tenure. This bill also adds a requirement for tenure eligibility that the teacher must have received evaluations demonstrating an overall performance effectiveness level of "above expectations" or "significantly above expectations" as provided in the evaluation guidelines adopted by the state board of education, during the last two years of their probationary period.

    This bill increases the length of the probationary period that a tenured teacher who resigns and later returns to the LEA from which the teacher resigned must serve before being eligible for tenure from one to two years. The LEA will remain eligible to waive the probationary period for a returning period as authorized by present law.

    This bill authorizes LEAs to return to probationary status any teacher who obtains tenure on or after June 15, 2011, and thereafter receives two consecutive years of evaluations demonstrating an overall performance effectiveness level of "below expectations" or "significantly below expectations," as provided by the evaluation guidelines adopted by the state board of education. A teacher who is returned to probationary status pursuant to this bill will again be eligible for tenure status after receiving two consecutive years of evaluations demonstrating an overall performance effectiveness level of "above expectations" or "significantly above expectations." When a teacher who has returned to probationary status has received two consecutive years of evaluations demonstrating an overall performance effectiveness level of "above expectations" or "significantly above expectations," the teacher must be either recommended by the director of schools for tenure or non-renewed; provided, however, that the teacher cannot be continued in employment if tenure is not granted by the board of education.

    Under present law, a tenured teacher who is dismissed because of abolition of a position must be placed on a preferred list for reemployment in the first vacancy the teacher is qualified by training and experience to fill. The director of schools is authorized to determine the fitness of the teacher for reemployment in such vacancy on the basis of the director of school's evaluation of the teacher's competence, compatibility and suitability to properly discharge the duties required in the vacancy considered in the light of the best interest of the students in the school where the vacancy exists; provided, however, that the action must be in accordance with board policy and any locally negotiated agreement. This bill authorizes the consideration of a teacher's most recent evaluations when considering whether a person on the list is suitable to fill a vacancy.

    ON MARCH 10, 2011, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1528, AS AMENDED.

    AMENDMENT #1 makes several technical corrections to this bill, changes the effective date from "upon becoming a law" to "July 1, 2011", and makes it mandatory rather than permissive for a director of schools to return a teacher who attains tenure after July 1, 2011, to probationary status after the teacher receives two consecutive years of performance evaluations that are below expectations or significantly below expectations.

    ON MARCH 24, 2011, THE HOUSE SUBSTITUTED SENATE BILL 1528 FOR HOUSE BILL 2012, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1528, AS AMENDED.

    AMENDMENT #1 specifies that the provision of the bill allowing LEAs to return teachers who receive two consecutive years of evaluations demonstrating an overall performance effectiveness level of "below expectations" or "significantly below expectations" to probationary status would apply to teachers who obtain tenure "on or after July 1, 2011," instead of "on or after June 15, 2011."

  • FiscalNote for SB1528/HB2012 filed under SB1528
  • House Floor and Committee Votes

    House moved to substitute and conform to HB2012

    SB1528 by Norris - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 3/24/2011
    Passed
              Ayes...............................................65
              Noes...............................................32

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Casada, Cobb, Coley, Dean, DeBerry J, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harrison, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Watson, Weaver, White, Williams K, Williams R, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Williams K -- 65.
              Representatives voting no were: Bass, Brown, Camper, Cooper, Curtiss, DeBerry L, Favors, Fitzhugh, Fitzhugh, Gilmore, Hardaway, Harmon, Jones S, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Shaw, Shepard, Sontany, Stewart, Tidwell, Tindell, Towns, Turner J, Turner M, Windle, Mr. Speaker Naifeh -- 32.

    SB1528 by Norris - FLOOR VOTE: PREVIOUS QUESTION AS AMENDED PASSAGE ON THIRD CONSIDERATION 3/24/2011
    Failed
              Ayes...............................................64
              Noes...............................................32

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Casada, Cobb, Coley, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harmon, Harrison, Harwell, Hawk, Hawk, Haynes, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Watson, Weaver, White, Williams K, Williams R, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Williams K -- 64.
              Representatives voting no were: Bass, Brown, Camper, Cooper, Curtiss, DeBerry J, DeBerry L, Favors, Fitzhugh, Fitzhugh, Gilmore, Hardaway, Hensley, Jones S, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Shaw, Shepard, Sontany, Stewart, Tidwell, Towns, Turner J, Turner M, Windle, Mr. Speaker Naifeh -- 32.

    SB1528 by Norris - FLOOR VOTE: LAY ON THE TABLE MOTION TO ADOPT AS AMENDED AMENDMENT # 2 BY Fitzhugh 3/24/2011
    Passed
              Ayes...............................................61
              Noes...............................................36

              Representatives voting aye were: Alexander, Brooks H, Brooks K, Butt, Carr, Casada, Casada, Cobb, Dean, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harrison, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Montgomery, Niceley, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shipley, Sparks, Swann, Watson, Weaver, White, Williams R, Wirgau, Womick, Mr. Speaker Harwell -- 61.
              Representatives voting no were: Bass, Brown, Campbell, Camper, Coley, Cooper, Curtiss, DeBerry J, DeBerry L, Favors, Fitzhugh, Fitzhugh, Gilmore, Hardaway, Harmon, Jones S, Kernell, McDonald, Miller L, Moore, Naifeh, Odom, Parkinson, Pitts, Pruitt, Richardson, Shaw, Shepard, Sontany, Stewart, Tidwell, Tindell, Towns, Turner J, Turner M, Williams K, Windle, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 36.

              HB2012 by McCormick - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 1 3/17/2011
              Voice Vote - Ayes Prevail Rep.(s) Fitzhugh, Naifeh, Towns, Turner M requested to be recorded as voting No

              HB2012 by McCormick - HOUSE EDUCATION ADMINISTRATION & PLANNING COMMITTEE:
    Recommended for passage w/amendments- refer to: Calendar & Rules Committee 3/15/2011
              Voice Vote - Ayes Prevail Rep.(s) Fitzhugh, Naifeh, Pitts, Windle requested to be recorded as voting No Rep.(s) DeBerry L requested to be recorded as Present, Not Voting

    HB2012 by McCormick - HOUSE EDUCATION ADMINISTRATION & PLANNING SUBCOMMITTEE:
    Recommended for passage w/amendments- refer to: Education Committee 3/9/2011
    Passed
              Ayes................................................9
              Noes................................................4

              Representatives voting aye were: Brooks H, Brooks K, Carr, DeBerry J, Dunn, Hensley, Lollar, Maggart, Montgomery -- 9.
              Representatives voting no were: DeBerry L, Fitzhugh, Fitzhugh, Naifeh, Pitts, Mr. Speaker Naifeh -- 4.

    Senate Floor and Committee Votes

    SB1528 by Norris - FLOOR VOTE: CONCUR IN HOUSE AMEND# 1 3/31/2011
    Passed
              Ayes...............................................21
              Noes...............................................12

              Senators voting aye were: Beavers, Bell, Campfield, Crowe, Faulk, Gresham, Henry, Johnson, Kelsey, Ketron, McNally, Norris, Overbey, Ramsey, Roberts, Southerland, Summerville, Tracy, Watson, Woodson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 21.
              Senators voting no were: Barnes, Berke, Burks, Finney L, Ford, Harper, Haynes, Herron, Kyle, Marrero, Stewart, Tate -- 12.

    SB1528 by Norris - FLOOR VOTE: THIRD CONSIDERATION AMENDED 3/10/2011
    Passed
              Ayes...............................................21
              Noes...............................................12

              Senators voting aye were: Beavers, Bell, Campfield, Crowe, Faulk, Gresham, Henry, Johnson, Kelsey, Ketron, McNally, Norris, Overbey, Ramsey, Roberts, Southerland, Summerville, Tracy, Watson, Woodson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 21.
              Senators voting no were: Barnes, Berke, Burks, Finney L, Ford, Harper, Haynes, Herron, Kyle, Marrero, Stewart, Tate -- 12.

              SB1528 by Norris - FLOOR VOTE: PREVIOUS QUESTION THIRD CONSIDERATION AMENDED 3/10/2011
              VOICE VOTE: Failed

    SB1528 by Norris - FLOOR VOTE: LAY ON THE TABLE MOTION TO ADOPT AMEND# 2 BY Stewart 3/10/2011
    Passed
              Ayes...............................................20
              Noes...............................................13

              Senators voting aye were: Beavers, Bell, Campfield, Crowe, Faulk, Gresham, Johnson, Kelsey, Ketron, McNally, Norris, Overbey, Ramsey, Roberts, Southerland, Summerville, Tracy, Watson, Woodson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 20.
              Senators voting no were: Barnes, Berke, Burks, Finney L, Ford, Harper, Haynes, Henry, Herron, Kyle, Marrero, Stewart, Tate -- 13.

              SB1528 by Norris - FLOOR VOTE: MOTION TO ADOPT AMEND# 1 BY Gresham 3/10/2011
              VOICE VOTE: Failed

    SB1528 by Norris - SENATE EDUCATION COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 3/2/2011
    Passed
              Ayes................................................6
              Noes................................................3

              Senators voting aye were: Crowe, Gresham, Kelsey, Summerville, Tracy, Woodson -- 6.
              Senators voting no were: Berke, Burks, Tate -- 3.