Signed by Governor Dennis Daugaard

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that establishes scholarships for students who promise to teach math or science, rewards programs for teachers and amends provisions of tenure.

Highlights:

• Establishes the critical teaching needs scholarship for college students.

• Requires program applicants to (Sec. 5):
• Agree, in writing, to stay in South Dakota and work in a critical teaching needs area for five years after graduation from a participating postsecondary institution;
• Agree, through a promissory note, that failure to abide by the provisions in this bill will result in the scholarship being converted into an interest bearing loan;
• Attend a participating South Dakota postsecondary institution as an undergraduate junior or senior and be accepted in an elementary or secondary education program at the institution that will prepare the student to work in a critical need teaching area; and
• Be  a United States citizen or a lawful permanent resident.

• Establishes a math and science teacher incentive program in which eligible teachers may choose to receive bonuses of $2500 per year for up to 5 years (Secs. 11-16).

• Defines “eligible teachers” as full-time teachers in their first year of teaching math or science courses in middle or high school or utilizing math or science special endorsements (Sec. 4).

• Establishes a top teachers reward program in which up to 20 percent of a district’s top performing teachers, as selected by the school board, may choose to receive bonuses of $5000 each (Secs. 17-21).

• Authorizes teachers to opt out of the top teacher reward program or to create a local teacher reward plan as a substitute program (Sec. 18).

• Specifies that a teacher is “tenured” if he or she is in or beyond his or her fourth consecutive term of employment as a teacher in a certain district and prohibits teachers who have not achieved this status by July 1, 2016 from acquiring a continuing contract status (Sec. 47).

• Authorizes a school district to refuse to renew a tenured teacher’s contract for “just cause,” including, but not limited to, the following (Sec. 49):
• Breach of contract;
• Poor performance;
• Neglect of duty; or
• Violation of any policy or regulation of the district.

• Repeals the teacher compensation assistance program (Sec. 55).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes scholarships for students who promise to teach math or science, rewards programs for teachers and amends provisions of tenure.

Highlights:

• Establishes the critical teaching needs scholarship for college students.

• Requires program applicants to (Sec. 5):
• Agree, in writing, to stay in South Dakota and work in a critical teaching needs area for five years after graduation from a participating postsecondary institution;
• Agree, through a promissory note, that failure to abide by the provisions in this bill will result in the scholarship being converted into an interest bearing loan;
• Attend a participating South Dakota postsecondary institution as an undergraduate junior or senior and be accepted in an elementary or secondary education program at the institution that will prepare the student to work in a critical need teaching area; and
• Be a United States citizen or a lawful permanent resident.

• Establishes a math and science teacher incentive program in which eligible teachers may choose to receive bonuses of $2500 per year for up to 5 years (Secs. 11-16).

• Defines “eligible teachers” as full-time teachers in their first year of teaching math or science courses in middle or high school or utilizing math or science special endorsements (Sec. 4).

• Establishes a top teachers reward program in which up to 20 percent of a district’s top performing teachers, as selected by the school board, may choose to receive bonuses of $5000 each (Secs. 17-21).

• Authorizes teachers to opt out of the top teacher reward program or to create a local teacher reward plan as a substitute program (Sec. 18).

• Specifies that a teacher is “tenured” if he or she is in or beyond his or her fourth consecutive term of employment as a teacher in a certain district and prohibits teachers who have not achieved this status by July 1, 2016 from acquiring a continuing contract status (Sec. 47).

• Authorizes a school district to refuse to renew a tenured teacher’s contract for “just cause,” including, but not limited to, the following (Sec. 49):
• Breach of contract;
• Poor performance;
• Neglect of duty; or
• Violation of any policy or regulation of the district.

• Repeals the teacher compensation assistance program (Sec. 55).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes 2 incentive programs for certain teachers and eliminates teacher tenure after July 1, 2012.

Highlights:

• Prohibits teachers who have not reached their fourth consecutive year of teaching in a school district by July 1, 2012 from acquiring tenure (Sec. 37).

• Authorizes a school district to refuse to renew a tenured teacher’s contract for “just cause” (Sec. 41).

• Defines “just cause” as certain actions including, but not limited to, the following (Sec. 41):
• Breach of contract;
• Poor performance;
• Neglect of duty; or
• Violation of any policy or regulation of the district.

• Requires school districts to conduct annual teacher evaluations, beginning in the 2014-2015 school year (Sec. 28).

• Requires school districts to base 50 percent of a teacher’s evaluation on quantitative measures of student performance and the remaining 50 percent on qualitative measures of teacher performance including, but not limited to, the following (Sec. 28):
• Classroom drop-ins;
• Parent and student surveys; and
• Peer review.

• Establishes a math and science teacher incentive program in which eligible teachers may choose to receive bonuses of $9,425 per year for up to 5 years (Secs. 1-4 & 6).

• Requires the school district to withhold $1,425 of the bonus to pay the district’s share of federal taxes (Sec. 6).

• Defines “eligible teachers” as full-time teachers in their first year of teaching math or science courses in middle or high school (Sec. 4).

• Specifies that school district participation in the math and science teacher incentive program is required (Sec. 16).

• Establishes a top teacher reward program for which up to 20 percent of a district’s full-time teachers are eligible (Sec. 9). 

• Authorizes the Department of Education to distribute $5,700 per eligible teacher to the school district for bonuses under the top teacher reward program (Sec. 10).

• Authorizes the school district to withhold $700 from each bonus to pay the district’s share of federal taxes (Sec. 11).

• Authorizes the school district to consider certain criteria when selecting teachers for rewards under the top teacher reward program including, but not limited to, the following (Sec. 13):
• Mentoring of less-experienced teachers;
• Curriculum development;
• Assessment development;
• Data analysis;
• Leadership activities or recognitions;
• National board certification;
• Service to local district, state, or national task forces; and
• Other criteria as determined by the school board.

• Authorizes school districts to opt-out of the top teacher reward program and create a local teacher reward program as a substitute, if desired (Secs. 16 & 18).

• Specifies that teacher participation in the math and science teacher incentive program and the top teacher reward program is voluntary, and that compensation received under either program shall supplement, not replace, compensation paid to a teacher under a collective bargaining agreement (Secs. 2 & 8).

Full Bill Text