6-17-119. Alternative pay programs — Definitions.

6-17-119. Alternative pay programs — Definitions. (a) As used in this section: (1) “Alternative pay” means a salary amount that is part of the licensed employee's or classified employee's total compensation for additional responsibilities, mastery of new knowledge and skills, advanced career opportunities, increased student achievement, attracting highly qualified teachers, or professional development exceeding state minimums; (2) “Classified employee” means a person employed by a public school district under a written annual contract who is not required to have a teaching license issued by the Division of Elementary and Secondary Education as a condition of employment; (3) “Licensed employee” means a person employed by a public school who is required to hold a license issued by the division; and (4) “Teacher” means: (A) Any person who is: (i) Required to hold a teaching license from the division; and (ii) Is engaged directly in instruction with students in a classroom setting for more than seventy percent (70%) of the individual's contracted time; (B) A guidance counselor; or (C) A librarian. (b) A public school district may offer or participate in an alternative pay program for its licensed employees, classified employees, or both employee groups if: (1) The program is implemented school district-wide or on a school-by-school basis; (2) Every eligible licensed employee or classified employee may participate in the program; (3)(A) The program from the beginning is a collaborative effort among the participating school district board of directors, administrators, teachers, classified employees, association representatives, and parents with children attending the school district. (B) The school district board of directors, administrators, teachers, and classified employees shall each approve a show-of-interest resolution in the program by at least seventy percent (70%) or another percentage established by a majority vote of the teachers and approved by the local school district board of directors. (C)(i) Each of the above groups shall be represented on a committee that will design, implement, and evaluate the program. (ii) Each group shall select its own representatives, and the committee shall be composed of at least fifty percent (50%) classroom teachers. (D) The program is a personnel policy and shall be promulgated in accordance with § 6-17-201 et seq. and § 6-17-2301 et seq., except to the extent that those personnel policies are negotiable in any school district that recognizes an organization representing a majority of teachers; (4)(A) The program uses a variety of objective criteria that are credible, clear, specific, measurable indicators of student achievement, and generally accepted best practices to determine pay. (B) No more than fifty percent (50%) of the program's eligibility requirements or alternative pay shall be related to annual increases in test scores; (5)(A)(i) The program establishes a clear system of pay. (ii) The alternative pay system may not be arbitrary. (B) The alternative pay shall be at least ten percent (10%) of the salary and receivable in one (1) year; (6) The program has an established and ongoing support system for the participants with the necessary financial and administrative resources to successfully carry the program through; (7) The program is included in the district's support plan; (8) The program is part of a larger set of reforms rather than an isolated approach to improving performance or rewarding certain licensed or classified employees; (9) Each group identified in subdivision (b)(3)(B) of this section approves the finalized program by: (A) At least a seventy percent (70%) majority; or (B) Another percentage established by a majority vote of the teachers and approved by the local school district board of directors; and (10)(A) The program respects the right of any teacher or classified employee to elect not to participate in the program. (B) However, if fifty-one percent (51%) or more of an employee group chooses not to participate, the program shall not be implemented for that group. (c) The division shall promulgate the rules necessary for the proper implementation of this section. (d) This section shall not apply to any state-funded alternative teacher compensation pilot program or to any other performance-based pay program operating in a public school on July 31, 2007.