79-309.01 Teacher performance pay; local collective-bargaining agreements; data; Commissioner of Education; duties; school district; use of funds; return of funds. - Nebraska Statutes

79-309.01. Teacher performance pay; localcollective-bargaining agreements; data; Commissioner of Education; duties;school district; use of funds; return of funds.(1)(a) Beginning in 2016, the Commissionerof Education shall annually collect data from each school district prior toFebruary 25 and determine whether at least seventy-five percent of the schooldistricts have included a system for distributing apportionment funds attributableto income from solar or wind energy leases on school lands for teacher performancepay within such districts' local collective-bargaining agreements for theensuing school fiscal year.(b)(i) If theseventy-five percent requirement has been met for the year, the Commissionerof Education shall use the separate accounting provided by the State Treasurerunder subdivision (1)(b) of section 79-1035 to determine the amount of theapportionment to each school district under section 79-1035 that is attributableto income from solar or wind energy leases on school lands. The commissionershall notify each school district of such amount within five days after certificationof the apportionment required pursuant to subsection (3) of section 79-1035.Each school district shall use the amount of apportionment funds specifiedin the notice provided by the commissioner for the purpose of teacher performancepay. Such amount shall be used as a supplement to the salary schedule as providedin local collective-bargaining agreements. For purposes of distribution ofsuch funds only, the Legislature finds that teacher performance pay measurements,criteria, and payout amounts are mandatory topics of collective bargaining.If a school district has not included a system for distributing apportionmentfunds attributable to income from solar or wind energy leases on school landsfor teacher performance pay within its local collective-bargaining agreement,the amount of apportionment funds specified in the notice provided by thecommissioner shall be returned to the State Treasurer within one month ofreceipt of such funds. The State Treasurer shall immediately credit any fundsreturned under this section to the temporary school fund. Any funds returnedunder this section shall be redistributed from the temporary school fund inthe following year and shall no longer be designated as income attributableto solar or wind energy leases on school lands.(ii) If the seventy-fivepercent requirement has not been met for the year, then subdivision (1)(b)(i)of this section shall not apply for that year.(2) If the seventy-fivepercent requirement has not been met in 2016, 2017, or 2018, then this sectionshall not apply in 2019 or any year thereafter.(3) For purposes of thissection:(a) Lease means any lease, easement, covenant, or other such contractualarrangement; and(b) Teacher performance pay means a systematic process for measuringteachers' performance and linking the measurements to changes in teacher pay.Indicators of teacher performance may include improving professional skillsand knowledge, classroom performance or instructional behavior, and instructionaloutcomes. Teacher performance pay may include predetermined bonus amountsand payout criteria. SourceLaws 2010, LB1014, § 1.Effective Date: July 15, 2010