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SYNOPSIS: Under existing law, the Students First Act8

of 2011 provides a process for public K-12 school9

teachers to attain tenure.10

This bill would create the Rewarding11

Advancement in Instruction and Student Excellence12

(RAISE) Act of 2016.13

This bill would provide a procedure for14

observing and evaluating teachers, principals, and15

assistant principals on performance and student16

achievement.17

This bill would make an appropriation of18

$10,000,000 from the Education Trust Fund to the19

Legislative School Performance Recognition Program,20

for the fiscal year ending September 30, 2017, to21

fund rewards earned by schools pursuant to that22

program.23

This bill would increase the number of years24

of service required to attain tenured status25

pursuant to the Students First Act of 2011, as26

amended by this act, under the same governing board27

from three to five consecutive years with three28

consecutive ratings of satisfies expectations,29


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exceeds expectations, or significantly exceeds1

expectations pursuant to this act.2

This bill would authorize a governing board3

to revoke the tenure of any teacher who receives4

one or more ratings of below expectations or5

significantly below expectations pursuant to this6

act.7

This bill would establish the Alabama8

Teacher Recruitment Fund and would make an9

appropriation of $5,000,000 from the Education10

Trust Fund to the Alabama Teacher Recruitment Fund11

for the fiscal year ending September 30, 2017.12

This bill would also establish the Alabama13

Teacher Mentor Program, to provide continuity in14

the improvement and growth of new teachers, and15

would make an appropriation of $3,000,000 from the16

Education Trust Fund to the Alabama Teacher Mentor17

Program for the fiscal year ending September 30,18

2017.19

Amendment 621 of the Constitution of Alabama20

of 1901, now appearing as Section 111.05 of the21

Official Recompilation of the Constitution of22

Alabama of 1901, as amended, prohibits a general23

law whose purpose or effect would be to require a24

new or increased expenditure of local funds from25

becoming effective with regard to a local26

governmental entity without enactment by a 2/3 vote27

unless: it comes within one of a number of28

specified exceptions; it is approved by the29


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affected entity; or the Legislature appropriates1

funds, or provides a local source of revenue, to2

the entity for the purpose.3

The purpose or effect of this bill would be4

to require a new or increased expenditure of local5

funds within the meaning of the amendment. However,6

the bill does not require approval of a local7

governmental entity or enactment by a 2/3 vote to8

become effective because it comes within one of the9

specified exceptions contained in the amendment.10

11

A BILL12

TO BE ENTITLED13

AN ACT14

15

Relating to public education; to create the16

Rewarding Advancement in Instruction and Student Excellence17

(RAISE) Act of 2016; to provide a procedure for observing and18

evaluating teachers, principals, and assistant principals on19

performance and student achievement; to make an appropriation20

of $10,000,000 from the Education Trust Fund to the21

Legislative School Performance Recognition Program, for the22

fiscal year ending September 30, 2017, to fund rewards earned23

by schools pursuant to that program; to amend Section 16-24C-24

4, Code of Alabama 1975, to increase the number of years of25

service required to attain tenured status pursuant to the26

Students First Act of 2011, from three to five consecutive27

years with three consecutive ratings of satisfies28

expectations, exceeds expectations, or significantly exceeds29


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expectations; to authorize a governing board to revoke the1

tenure of any teacher who receives one or more ratings of2

below expectations or significantly below expectations; to3

establish the Alabama Teacher Recruitment Fund; to make an4

appropriation of $5,000,000 from the Education Trust Fund to5

the Alabama Teacher Recruitment Fund, for the fiscal year6

ending September 30, 2017; to establish the Alabama Teacher7

Mentor Program; to make an appropriation of $3,000,000 from8

the Education Trust Fund to the Alabama Teacher Mentor Program9

for the fiscal year ending September 30, 2017; and in10

connection therewith to have as its purpose or effect the11

requirement of a new or increased expenditure of local funds12

within the meaning of Amendment 621 of the Constitution of13

Alabama of 1901, now appearing as Section 111.05 of the14

Official Recompilation of the Constitution of Alabama of 1901,15

as amended.16

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:17

Section 1. Sections 1 to 12, inclusive, of this act18

shall be known and may be cited as the Rewarding Advancement19

in Instruction and Student Excellence (RAISE) Act of 2016.20

Section 2. For the purposes of this act, the21

following terms shall have the following meanings:22

(1) BELOW EXPECTATIONS. A teacher who has received a23

summative performance evaluation rating that falls within the24

second lowest tier of the evaluation system of the employer.25

(2) CHIEF EXECUTIVE OFFICER. The chief26

administrative and executive officer of an entity,27

institution, agency, or political subdivision of the state28

that is subject to this act and includes, without limitation,29


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superintendents of city or county boards of education. The1

term includes persons serving in such a capacity on an acting2

or interim basis under lawful appointment or by operation of3

law.4

(3) DEPARTMENT. The State Department of Education.5

(4) EMPLOYEE. Unless otherwise specified, and as6

appropriate to the context, the term includes a teacher whose7

employment is subject to this act.8

(5) EMPLOYER. The entity, institution, agency, or9

political subdivision of the state by which a teacher who is10

subject to this act is employed. Employers subject to this act11

include all city and county boards of education, all12

educational institutions under the control of the Department13

of Youth Services, and the Alabama Institute for Deaf and14

Blind.15

(6) EXCEEDS EXPECTATIONS. A teacher who has received16

a summative performance evaluation rating that falls within17

the second highest tier of the evaluation system of the18

employer.19

(7) GOVERNING BOARD. The body of elected or20

appointed officials that is granted authority by law,21

regulation, or policy to make employment decisions on behalf22

of the employer. If final decision-making authority with23

respect to employment decisions is conferred by law,24

regulation, or duly adopted policy on an official,25

administrator, or organizational unit other than a separate26

governing board, the decision or action of such official,27

administrator, or organizational unit, is that of the28

governing board for purposes of this act, and no additional29


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approval of such decision or action shall be required. Under1

such circumstances, the official administrator, president, or2

organizational unit shall assume and exercise the duties of3

the governing board established by this act. For purposes of4

this act, the State Board of Education shall not be deemed to5

be or authorized to function as the employer or the governing6

board of an employer covered by this act.7

(8) PROFESSIONAL EDUCATOR'S CERTIFICATE. A8

certificate or license, by whatever name, designation, or9

subclassification known or identified, issued by the State10

Department of Education, and that must be maintained by the11

teacher in order to be employed as a teacher in the county and12

city schools of this state. A professional educator's13

certificate does not include certificates or licenses that are14

issued to instructional aides or assistants, to substitute15

teachers, or to operations staff, or other employees whose job16

duties do not require or entail the instruction of students or17

the regular supervision of or interaction with employees with18

such job duties.19

(9) SATISFIES EXPECTATIONS. A teacher who has20

received a summative performance evaluation rating that falls21

within the middle tier of the evaluation system of the22

employer.23

(10) SCHOOL YEAR. The period beginning with the24

first day of the annual school term and ending with the last25

day of the annual school term on which classroom instructors26

are required to report for duty, as established by the27

governing board.28


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(11) SIGNIFICANTLY BELOW EXPECTATIONS. A teacher who1

has received a summative performance evaluation rating that2

falls within the lowest tier of the evaluation system of the3

employer.4

(12) SIGNIFICANTLY EXCEEDS EXPECTATIONS. A teacher5

who has received a summative performance evaluation rating6

that falls within the highest or top tier of the evaluation7

system of the employer.8

(13) STUDENT ACHIEVEMENT GROWTH. The change in9

achievement for an individual student between two or more10

points in time, based on standards-based measures that are11

valid, rigorous, and comparable across classrooms of similar12

content, levels, and status as a state assessed or nonstate13

assessed subject.14

(14) STUDENT GROWTH MODEL. A statistical growth15

model used to isolate the effect and impact of a teacher on16

student learning, controlling for preexisting characteristics17

of a student including, but not limited to, prior achievement.18

(15) SUPPORT PERSONNEL. Janitors or custodians, bus19

drivers, lunchroom or cafeteria workers, secretaries, clerks,20

clerical assistants, maintenance workers, or other21

noncertificated employees.22

(16) TEACHER. All employees of entities that are23

covered by this act who are required by law, regulation, or24

employer policy to maintain a professional educator's25

certificate issued by the State Department of Education and26

who are employed by a city or county board of education, the27

Alabama Institute for Deaf and Blind, or educational and28

correctional institutions under the control of the Department29


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of Youth Services. The term also includes principals who had1

attained tenure under prior law, contract principals, and2

assistant principals under subsection (h) of Section 16-24B-3,3

Code of Alabama 1975. The term also includes Teach for4

America, and other alternatively certified teachers, but does5

not include a substitute teacher, an employer's chief6

executive officer, or chief school financial officer, whether7

or not certification is required for those positions by law or8

policy. If a contract principal holds a contract on the9

effective date of this act that does not allow for an annual10

evaluation, the contract principal may not be subject to an11

annual evaluation until he or she enters into a new contract.12

All principal contracts executed after the effective date of13

this act shall include an annual evaluation requirement based14

on this act.15

(17) TENURE. Continuing service status granted to16

teachers under the Students First Act of 2011 and the Students17

First Act of 2011, as amended by this act.18

Section 3. (a) Beginning with the 2017-2018 school19

year, every teacher employed by a governing board shall be20

formally evaluated annually pursuant to this act.21

(b) The department, by rule, shall develop a model22

evaluation system for use by governing boards in evaluating23

the effectiveness of teachers and teachers serving as24

principals or assistant principals. A governing board may25

elect to use the evaluation system developed by the department26

or may develop and use a local evaluation system developed by27

the governing board pursuant to parameters established by the28

department in the model evaluation system. A local evaluation29


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system as developed by a governing board shall be approved by1

the department before use by the governing board. Until2

approval is obtained, a governing board shall utilize the3

model evaluation system developed by the department.4

Section 4. (a) The model evaluation system developed5

by the department pursuant to this act shall define the6

elements of evaluation and standards for effectiveness for7

teachers providing classroom instruction at the K-12 level.8

(b) At a minimum, an evaluation system shall require9

annual evaluations that contain all of the following:10

(1) At least two observations per school year. One11

observation shall be conducted by the school principal,12

assistant principal, or his or her designee. An observation13

shall be aligned to a clear, consistent rubric provided to the14

teacher before the beginning of the school year that assesses15

teacher performance as it relates to evidence-based16

instructional practices that promote student achievement. An17

observation may be announced or unannounced, and shall be of18

sufficient duration to provide meaningful data. At least one19

observation shall last the duration of one complete classroom20

lesson. All observations shall be conducted by evaluators who21

have a full understanding of the evaluation system and its22

expectations for teachers and evaluators. No person shall be23

responsible for the evaluation of personnel unless the person24

has received education and training in evaluation skills25

approved by the department that enable him or her to make26

fair, professional, and credible evaluations of the personnel27

whom he or she is responsible for evaluating. Classroom28


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observations shall comprise from 20 to 40 percent of the total1

year-end teacher evaluation score.2

(2) A measure of student achievement growth as3

follows:4

a.1. For teachers of any state assessed subject5

areas, evidence of student achievement growth using a student6

growth model as determined by the department for grade levels7

and subjects for which student state assessment data is8

available. For purposes of calculating the student growth9

model, the department shall use student performance on the ACT10

Aspire examination, American College Test (ACT), or other11

examination approved by the department that measures student12

achievement, if applicable, or a successor examination adopted13

and used by the department to measure student academic14

performance and achievement.15

2. The department shall work in conjunction with a16

third party vendor, selected by the department pursuant to a17

request for proposal process established by rule of the18

department, that specializes in the development and19

implementation of student growth models for purposes of20

complying with this section.21

3. The department may include additional22

examinations as evidence of student achievement growth23

provided that the data from those examinations is compatible24

with the student growth model selected by the department.25

4. Based on the availability of individual student26

achievement growth data, from 35 to 50 percent of year-end27

teacher evaluation scores shall be based on evidence of28


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student achievement growth as measured by the student growth1

model as defined in this section.2

b. For teachers of any nonstate assessed subject3

areas, evidence of student achievement growth shall be based4

on any number of measures from the department developed list5

of preapproved options for governing boards to utilize to6

measure student achievement growth. Based on the availability7

of individual student achievement growth data, from 35 to 508

percent of year-end teacher evaluation scores shall be based9

on evidence of student achievement growth as defined in this10

paragraph.11

c. The measure of student achievement growth shall12

be based on at least three years of student performance data,13

if available. If student growth and assessment data are not14

available for a teacher for at least three consecutive school15

years, the annual year-end evaluation shall be based on all16

student growth and assessment data available for the teacher.17

(3) Student surveys. In grades three to 12,18

inclusive, five to 10 percent of the total year-end teacher19

evaluation score shall be comprised of student surveys.20

(4) Additional measures of performance correlated21

with impacts on student achievement results or, for a teacher22

in the first two years of his or her career, best practices of23

teaching and learning for engaging and motivating students to24

excel academically. Additional measures of performance shall25

comprise the remaining percentage of total year-end teacher26

evaluation scores.27

(5) Methods of feedback from evaluators during a28

post-observation conference that allow a teacher meaningful29


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opportunity to improve his or her effectiveness and receive1

recommendations on targeted professional development, as2

needed.3

(c) Individual schools demonstrating incremental4

student growth shall be eligible to participate in a rewards5

to school initiative, with funds appropriated by the6

Legislature going to the schools according to rules adopted by7

the department. The rewards program shall utilize the8

Legislative School Performance Recognition Program established9

in Chapter 6C of Title 16 of the Code of Alabama 1975. The sum10

of ten million dollars ($10,000,000) is appropriated from the11

Education Trust Fund to the State Department of Education, for12

the purpose of funding the required rewards, for the fiscal13

year ending September 30, 2017.14

Section 5. (a) The model evaluation system for15

teachers serving as principals or assistant principals16

developed by the department pursuant to this act shall define17

the elements of evaluation and standards for effectiveness for18

teachers serving as principals or assistant principals at the19

K-12 level.20

(b) At a minimum, an evaluation system shall require21

annual evaluations that contain all of the following elements:22

(1) Multiple fair, transparent, timely, rigorous,23

and valid standards of quality leadership and performance as24

determined by the department, including a professional growth25

plan developed by each principal or assistant principal26

collaborating with his or her evaluator or evaluators at the27

beginning of each evaluation period. The growth plan shall be28

designed to assist each principal or assistant principal in29


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satisfying the standards for effectiveness, effectively1

addressing the needs of students, classroom teachers, and2

staff, and building and maintaining a school environment that3

is conducive to continuous learning. Each growth plan shall4

include a statement of the professional development objectives5

of the principal or assistant principal as well as the6

strategies the principal or assistant principal intends to7

employ toward the achievement of each objective.8

a. These shall include, but not be limited to:9

1. Standards for demonstrating all of the following:10

(i) Strategic and managerial leadership,11

specifically as it relates to finance, space, and legal12

compliance.13

(ii) Instructional leadership.14

(iii) School culture and equity leadership.15

(iv) External leadership development related to16

family and community outreach.17

2. Achievement and academic growth for students18

enrolled in the applicable school.19

(2) Thirty-five to 50 percent of principal and20

assistant principal evaluations shall be based on evidence of21

growth in student achievement using a student growth model as22

determined by the department for grade levels and subjects for23

which student state assessment data is available.24

Section 6. (a) Teachers shall be given written25

notice at a pre-evaluation conference before the beginning of26

the school year or upon his or her employment, as applicable,27

of the measures and any specific indicators that may be used28

to evaluate his or her performance.29


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(b) Based upon his or her year-end evaluation1

scores, each teacher shall be rated annually on his or her2

effectiveness. The levels of effectiveness, as defined by rule3

of the department, are as follows:4

(1) Significantly below expectations.5

(2) Below expectations.6

(3) Satisfies expectations.7

(4) Exceeds expectations.8

(5) Significantly exceeds expectations.9

(c) Pending the promulgation of rules by the10

department defining each level of effectiveness, the11

applicable governing board may establish and implement12

temporary definitions for each level.13

Section 7. If the governing board determines that a14

reduction in force is necessary, the most significant factor15

in the decision to suspend or terminate the employment of a16

teacher shall be the overall performance of the teacher on the17

annual evaluation system adopted by the governing board18

pursuant to this act.19

Section 8. Before the beginning of the 2017-1820

school year, the department shall do all of the following:21

(1) Develop, implement, and publicly disseminate a22

statewide student growth model for determining student growth23

on assessments for purposes of teacher evaluations in order to24

standardize student academic growth measures and ensure25

teachers are measured according to the value they add to26

student growth in the classroom or school, for teachers27

serving as principals or assistant principals. The department28

shall work with the Alabama Longitudinal Data System Center29


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created by an act of the Legislature during the 2016 Regular1

Session. Nothing in this subdivision shall be construed to2

usurp or diminish the authority of the department in3

administering and implementing this act.4

(2) Provide technical assistance to governing boards5

in developing and implementing an evaluation system, including6

providing or helping to develop training for evaluators.7

(3) Develop, pursuant to this act, a model default8

evaluation system as follows:9

a. The default evaluation system shall be used by10

all governing boards, unless the department authorizes the11

local governing board to utilize a local evaluation system12

approved by the department pursuant to Section 3.13

b. A governing board that uses the state default14

evaluation system may revise or adapt policies or processes in15

the system to the extent consistent with this act and rules16

promulgated by the department.17

(4) Provide or approve evaluation forms to be used18

in evaluations.19

(5) Provide to the longitudinal data system links20

between individual teacher evaluations and personnel data;21

data on the number of teachers rated at each performance level22

by school; data for teacher preparation programs in the state;23

and achievement data for individual students. The department24

shall annually report this data on the department website.25

(6) Monitor evaluation systems established and26

implemented by governing boards to ensure that evaluation27

outcomes are consistent in the aggregate with student28

achievement results at the school level and school district29


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level, as applicable; and that the evaluation system satisfies1

the requirements of this act and rules promulgated by the2

department; and direct any appropriate corrective actions.3

Section 9. The governing board shall do all of the4

following:5

(1) Ensure that teachers and teachers serving as6

principals or assistant principals are offered professional7

development to continually improve instruction and student8

achievement. Professional development shall be targeted for9

the needs of each teacher pursuant to his or her evaluation10

results, observations, and conferences.11

(2) Use the default evaluation system for teachers12

unless the governing board opts out and develops its own13

evaluation system. A governing board may opt out of the14

default system, if the governing board chooses to develop its15

own system. If a governing board chooses to opt out, the16

evaluation system developed by the governing board shall17

continue to be subject to the percentage and definition18

requirements of this act and approval by the department.19

(3) Collect and publicly report data via its website20

on the number of teachers at each effectiveness level by21

school and school system. The governing board shall only22

publish data that complies, in whole and in part, with state23

and federal privacy laws.24

(4) Monitor evaluation system implementation at the25

school level to ensure that evaluation outcomes are consistent26

in the aggregate with student achievement results at the27

school level or school district level, as applicable; monitor28

that the evaluation system satisfies the requirements of this29


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act, whether or not the evaluation system utilized by the1

governing board is the opt out evaluation system or the2

default evaluation system; implement rules promulgated by the3

department; and direct any appropriate corrective action.4

Section 10. (a) Evaluation results shall also be5

used to provide high quality, job-embedded, and ongoing6

mentoring, support, and professional development for teachers,7

as appropriate, aligned to the needs of the teacher as8

identified in his or her annual evaluation.9

(b) Any teacher who receives a summative performance10

evaluation rating of below expectations or significantly below11

expectations for his or her annual evaluation shall be12

provided a professional development reimbursement for the year13

after the evaluation.14

(1) Each teacher shall pursue professional15

development that specifically aligns with the recommendations16

provided in his or her annual evaluation.17

(2) Each teacher who receives a summative18

performance evaluation rating of below expectations or19

significantly below expectations shall receive reimbursement20

from the governing board for the cost of the professional21

development, not to exceed five hundred dollars ($500).22

Reimbursement shall be provided by the department after the23

governing board certifies to the department evidence of24

successful completion of professional development by the25

teacher.26

Section 11. (a) On or before the beginning of each27

school year, the governing board shall distribute to each28

employee a summary of the Educators Liability Trust Fund, as29


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provided in Section 16-22-4.1, Code of Alabama 1975, and a1

summary of Section 36-1-12, Code of Alabama 1975, relating to2

teacher immunity.3

(b) The Department of Finance shall annually prepare4

and provide to the department, and the department shall5

distribute to each governing board, sufficient copies of the6

summary for distribution to employees. The summary shall7

include all of the following:8

(1) A statement that the Educators Liability Trust9

Fund provides sufficient coverage in the event a claim is made10

or a suit is filed against an employee based on the11

performance of his or her job duties.12

(2) A statement of the policy limits.13

(3) A statement relating to teacher immunity under14

Section 36-1-12, Code of Alabama 1975.15

(4) Any other information determined by the16

department to be necessary to inform employees of the purpose17

and benefits of the Educators Liability Trust Fund.18

Section 12. Nonprobationary status is not available19

for support personnel or a classified employee hired for the20

first time to a position in a school or school district after21

January 1, 2017.22

Section 13. Section 16-24C-4 of the Code of Alabama23

1975, is amended to read as follows:24

"16-24C-4.25

"(a) No action may be proposed or approved based26

upon personal or political reasons on the part of the27

employer, chief executive officer, or governing board. A28


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teacher shall attain tenure, and a classified employee shall1

attain nonprobationary status as follows:2

"(1)a. Except as otherwise provided by Section 16-3

23-3, a teacher who is hired before January 1, 2017, who is4

not an employee of a two-year educational institution operated5

under the authority and control of the Department of6

Postsecondary Education Alabama Community College System,7

shall attain tenure upon the completion of three complete,8

consecutive school years of full-time employment as a teacher9

with the same employer unless the governing board approves and10

issues written notice of termination to the teacher on or11

before the last day of the teacher's third consecutive,12

complete school year of employment. For purposes of this13

chapter, a probationary teacher whose employment or14

reemployment is effective prior to October 1 of the school15

year and who completes the school year shall be deemed to have16

served a complete school year. A teacher employed by a two-17

year educational institution operated under the authority and18

control of the Department of Postsecondary Education Alabama19

Community College System shall attain tenured status upon the20

completion of six consecutive semesters, excluding summer21

terms, at the same two-year institution, unless the president22

issues notice of termination to the teacher on or before 1523

days prior to the end of the sixth consecutive semester of24

employment, excluding summer terms. No probationary teacher25

employed by a two-year educational institution operated under26

the authority and control of the Department of Postsecondary27

Education Alabama Community College System shall attain tenure28

during or at the completion of a summer term. For teachers who29


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are required to hold a professional educator's certificate,1

time in service without such a certificate shall not be2

credited toward the attainment of tenure.3

"b. Except as otherwise provided by Section 16-23-3,4

a teacher who is hired on or after January 1, 2017, who is not5

an employee of a two-year educational institution operated6

under the authority and control of the Alabama Community7

College System, shall attain tenure upon the completion of8

five or more complete, consecutive school years of full-time9

employment as a teacher with the same employer if the teacher10

receives three consecutive ratings of satisfies expectations,11

exceeds expectations, or significantly exceeds expectations12

pursuant to the RAISE Act of 2016. Before tenure is attained,13

a governing board may approve and issue written notice of14

termination to the teacher on or before the last day of any15

school year of employment. Once attained, tenure shall be16

revoked by the governing board if a teacher receives two17

consecutive ratings of below expectations or significantly18

below expectations pursuant to the RAISE Act of 2016. In the19

event tenure is revoked, a teacher may again attain tenure20

upon earning three consecutive ratings of satisfies21

expectations, exceeds expectations, or significantly exceeds22

expectations pursuant to the RAISE Act of 2016.23

"c. For purposes of this chapter, a probationary24

teacher whose employment or reemployment is effective prior to25

October 1 of the school year and who completes the school year26

shall be deemed to have served a complete school year.27

"(2) A probationary classified employee who is not28

an employee of a two-year educational institution operated29


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under the authority and control of the Department of1

Postsecondary Education Alabama Community College System2

attains nonprobationary status upon the completion of three3

five complete, consecutive school years of full-time4

employment with the same employer unless the governing body of5

the employer approves and issues written notice of termination6

to the employee on or before the fifteenth day of June7

immediately following the employee's third fifth consecutive8

complete school year of employment. In the first year of each9

legislative quadrennium, the written notice shall be provided10

on or before June 30. For purposes of this chapter, a11

probationary classified employee whose employment or12

reemployment is effective prior to October 1 of the school13

year and who completes the school year shall be deemed to have14

served a complete school year. A probationary classified15

employee of a two-year educational institution operated under16

the authority and control of the Department of Postsecondary17

Education Alabama Community College System shall attain18

nonprobationary status upon the completion of 36 consecutive19

months of employment at the same two-year institution, unless20

the president issues notice of termination to the classified21

employee on or before 15 days prior to the end of the thirty-22

sixth month of employment.23

"(3) All of the following additional terms,24

conditions, and limitations apply to the attainment and25

retention of tenure or nonprobationary status:26

"a. Only complete school years of service as defined27

in this chapter, including any leave that is credited to the28

employee for such purposes under board policy or applicable29


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law, may be credited to the attainment of tenure or1

nonprobationary status.2

"b. Neither tenure nor nonprobationary status may be3

attained as a chief executive officer, a chief school4

financial officer, as a president or vice president of a two-5

year educational institution operated under the authority and6

control of the Department of Postsecondary Education Alabama7

Community College System, or in or by virtue of employment in8

temporary, part-time, substitute, summer school, occasional,9

seasonal, supplemental, irregular, or like forms of10

employment, or in positions that are created to serve11

experimental, pilot, temporary, or like special programs,12

projects, or purposes, the funding and duration of which are13

finite.14

"c. Except as expressly provided to the contrary15

elsewhere in this chapter, neither tenure nor nonprobationary16

status in this chapter creates or confers any enforceable17

right or protected interest in or to a specific position,18

rank, work site or location, assignment, title, or rate of19

compensation within those categories of employment.20

"d. Service performed as a teacher may not be21

converted to, recognized, or otherwise credited to the22

employee for the purpose of attaining nonprobationary status23

as a classified employee. Service performed in the capacity of24

a classified employee may not be converted to, recognized, or25

otherwise credited to the employee for the purpose of26

attaining tenure as a teacher, whether or not the classified27

employee holds a certificate issued by the State Department of28

Education.29


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"e. Neither tenured status nor time in probationary1

service shall be transferable from one employer subject to2

this chapter to another such employer, except that employees3

whose employer changes by virtue of annexation, school4

district formation, consolidation, or a similar reorganization5

over which the employee has no control shall retain tenure or6

nonprobationary status and service credit attained by virtue7

of employment with the predecessor employer."8

Section 14. (a) The Alabama Teacher Recruitment Fund9

is established.10

(b) A teacher who works in one of the following may11

be eligible for a bonus of not more than the equivalent of a12

one-step increase on the State Minimum Salary Schedule before13

the beginning of the next school year upon approval by the14

local employing board and the State Superintendent of15

Education:16

(1) A failing school that is included in the bottom17

six percent of failing schools as defined by the Alabama18

Accountability Act of 2013.19

(2) A school that has 80 percent or more of the20

student population of the school receiving free or reduced21

lunch.22

(3) A school that is in restructuring or23

reconstitution status, as determined and reported by the State24

Department of Education.25

(4) A school or school system that is geographically26

unable to provide adequate staff, based on documentation27

provided by the governing board to the State Superintendent of28

Education.29


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Page 24

(c) The bonus may be provided if the teacher1

satisfies any of the following:2

(1) Teaches a subject that is in critical shortage3

as defined by the local school system and approval by the4

department.5

(2) Is a career technical or special education6

teacher and the job position or opening has been pending for7

longer than six months.8

(3) Is a new teacher or has received a minimum9

rating of satisfies expectations on his or her most recent10

evaluation pursuant to the RAISE Act of 2016.11

(d) If the teacher fills a position during the12

school year, the amount of the bonus shall be prorated based13

on the actual number of days worked during that school year.14

(e) By June 30 of each year, the State Department of15

Education shall submit a report to the Speaker of the House of16

Representatives, the President Pro Tempore of the Senate, the17

Chair of the House Ways and Means, Education Committee, and18

the Chair of the Senate Finance and Taxation, Education19

Committee listing the schools, number of teachers per school,20

amount of each bonus, and the subject each teacher teaches21

utilizing the Alabama Teacher Recruitment Fund from the22

previous school year.23

(f) The State Superintendent of Education may24

decrease the amount of any bonus contingent on factors25

including, but not limited to, demand, number of schools26

requesting bonuses, and geographical distribution.27

(g) The sum of five million dollars ($5,000,000) is28

appropriated from the Education Trust Fund to the Alabama29


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Page 25

Teacher Recruitment Fund, for the fiscal year ending September1

30, 2017. Any leftover funds shall revert to the Foundation2

Program.3

Section 15. (a) There is established the Alabama4

Teacher Mentor Program.5

(b) The purpose of the mentor program is to provide6

for the continuous improvement and growth of new teachers. The7

program, as developed by rule of the department, shall have8

all of the following:9

(1) Goals that reflect local needs and are aligned10

with the goals of the local school district and the state.11

(2) Clearly defined roles and responsibilities for12

mentor teachers.13

(3) The requirement of year-end reporting by the14

mentor teacher to the principal relating to the progress of15

the new teacher.16

(4) The requirement of at least two meetings per17

month of the mentor teacher and the first year teacher during18

the school year.19

(c) At the beginning of each school year, each20

teacher who is beginning his or her first year of teaching in21

the public schools of the state shall be assigned a mentor22

teacher.23

(d) A mentor teacher shall be identified and24

recommended by the school principal, should have at least 1025

years of teaching experience, and shall be compensated in an26

amount of no more than one thousand dollars ($1,000) for the27

year by the governing board for his or her services as a28

mentor. Any compensation provided a mentor teacher pursuant to29


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this section shall be in accordance with all applicable local,1

state, and federal law.2

(e) The sum of three million dollars ($3,000,000) is3

appropriated from the Education Trust Fund to the Alabama4

Teacher Mentor Program, for the fiscal year ending September5

30, 2017. Any leftover funds shall revert to the Foundation6

Program.7

Section 16. Although this bill would have as its8

purpose or effect the requirement of a new or increased9

expenditure of local funds, the bill is excluded from further10

requirements and application under Amendment 621, now11

appearing as Section 111.05 of the Official Recompilation of12

the Constitution of Alabama of 1901, as amended, because the13

bill addresses compensation, benefits, or due process of an14

employee of a board of education.15

Section 17. This act shall become effective16

immediately following its passage and approval by the17

Governor, or its otherwise becoming law. 18

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