Preliminary or Advanced Contract.

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Section 16-13-334

Preliminary or advanced contract.

(a) A participating teacher shall be offered a preliminary or advanced contract under the provisions of this article.

(b) 1. A participating teacher not meeting the criteria for an advanced contract as provided in subsection (c) shall be offered a preliminary contract if this is his or her initial contract in the TEAMS program. The preliminary one-year contract may be extended from year to year for a maximum of three total years until the teacher qualifies for an advanced contract which may be up to three years as provided by this section, or is nonrenewed or terminated under this article. Each preliminary contract shall include a provision to ensure a participating teacher’s adequate progress toward advanced contract qualification.

2. Notwithstanding subparagraph 1., a participating teacher with insufficient experience to obtain the specialized certification or credential provided by subsection (c) may have his or her preliminary contract extended from year to year for a maximum of six total years.

3. Subject to limited waivers approved by the department, a participating teacher shall only be eligible for preliminary contracts for his or her maximum period of three or six years. A superintendent, on behalf of a participating teacher, may request additional program opt-in waivers for the teacher's failure to timely qualify for an advanced contract due to limited status exemptions approved by the department, including but not limited to health conditions, family emergency, or change in county of residence.

(c) To be eligible for an advanced contract, of up to three years, a participating teacher shall hold a valid specialized certification or credential provided by subsection (d).

(d) A participating teacher shall have obtained a specialized certification or credential issued by one of the following within three years of admission to the program:

1. The National Institute for STEM Education.

2. The National Board of Professional Teacher Standards - Early Adolescence or Early Adolescence and Young Adulthood Math or Science.

3. The department.

4. Any other criteria established by the department.

(e) A participating teacher with over 20 years of service that satisfies the advanced contract criteria shall be offered a contract for a period of five years.

(f) Each contract shall require a participating teacher to complete at least four days of annual high quality professional development administered, sponsored, or approved by the department.

(g) Any provision of law to the contrary notwithstanding, individuals employed in this program shall be employed by a local board utilizing contracts as provided by this article.

1. Any teacher who has attained continuing service status with his or her local board, and elects participation in the program under the same local board, shall be deemed to have voluntarily relinquished his or her status and protections under the Students First Act of 2011, Chapter 24C.

2. Notwithstanding subparagraph 1., any teacher who has attained continuing service status with his or her local board as of June 30, 2021, and elects participation in the program under the same local board and maintains adequate progress toward the advanced contract qualifications, but fails to obtain the credential or certification shall have one-time reversion rights to the previous service status at the end of his or her preliminary contract period or periods.

3. Nothing in this article shall be construed to confer continuing service status on any participating teacher. The contract term for a participating teacher shall not count toward accrual of continuing service status.

(Act 2021-340, §5.)


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