(a) An evaluator may place a teacher in intensive support status if the teacher, as evidenced by low performance ratings on the evaluation rubric:

(1) Is not continuously improving professional practice;

(2) Has not demonstrated commitment to students, the school, and the profession;

(3) Fails to demonstrate growth or progress in professional practice after receiving targeted feedback and support; or

(4) Does not advance student growth or progress as demonstrated on local and state measures.

(b) If a teacher is placed in intensive support status, the evaluator shall:

(1) Establish the time period for the intensive support status; and

(2)

(A) Provide a written notice to the teacher that the teacher is placed in intensive support status.

(B) The notice shall state that if the teacher's contract is renewed while the teacher is in intensive support status, the fulfillment of the contract term is subject to the teacher's accomplishment of the goals established and completion of the tasks assigned in the intensive support status.

(c)

(1) The period of time specified by the evaluator for intensive support status shall afford the teacher an opportunity to accomplish the goals of and complete the tasks assigned in the intensive support status.

(2) Intensive support status shall not last for more than two (2) consecutive semesters unless the teacher has substantially progressed and the teacher and evaluator agree in writing to extend the intensive support status.

(d) The evaluator shall work with the teacher to:

(1) Develop a clear set of goals and tasks that are designed to support the teacher's progress based on the professional growth plan and the evaluation framework; and

(2) Ensure the teacher is offered the support that the evaluator deems necessary for the teacher to accomplish the goals developed and to complete the tasks assigned while the teacher is in intensive support status.

(e) If the intensive support status is related to student performance, the school district shall support the teacher's practice in using student formative assessments to gauge student progress throughout the period of intensive support status.

(f) At the end of the specified period of time for intensive support status, the evaluator shall:

(1) Evaluate whether the teacher has met the goals developed in the intensive support plan; and

(2) Provide written notice to the teacher that the teacher either:

(A) Is removed from intensive support status; or

(B) Has failed to progress in the intensive support status.

(g)

(1) Upon review and approval of the documentation, the superintendent may recommend termination or nonrenewal of the teacher's contract.

(2) A recommendation for termination or nonrenewal of a teacher's contract under this section shall be made pursuant to the authority granted to a superintendent for recommending termination or nonrenewal under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.

(3)

(A) When a superintendent makes a recommendation for termination or nonrenewal of a teacher's contract under this section, the public school shall provide a written notice to the teacher.

(B) The notice shall meet the minimum requirements under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq., but is exempt from the provisions of § 6-17-1504(b).

(C)

(i) If the public school has substantially complied with the requirements of this section, the public school is entitled to a rebuttable presumption that the public school has a substantive basis for the termination or nonrenewal of the teacher's contract under the applicable standard for termination or nonrenewal under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.

(ii) The presumption may be rebutted by the teacher during an appeal under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.

(h) This section does not preclude a public school superintendent from:

(1) Making a recommendation for the termination or nonrenewal of a teacher's contract for any lawful reason under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.; or

(2) Including in a recommendation for termination or nonrenewal of a teacher's contract under this section any other lawful reason for termination or nonrenewal under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.