(a)
(1) A public school shall implement the Teacher Excellence and Support System for all teachers employed at the public school under the rules established by the State Board of Education.
(2) (A) This subchapter is not waived when a public school, charter school, or school district obtains a waiver granted by the state board from the laws and rules governing educator licensure:
(i) In the charter of a public charter school;
(ii) Under § 6-15-103; or
(iii) Under the District of Innovation Program, § 6-15-2801 et seq.
(B) However, a public school, charter school, or school district may seek approval from the state board to opt out of the Teacher Excellence and Support System and utilize a locally adopted system for support, development, and appraisal of teacher performance as part of a system of educator effectiveness that meets federal and state requirements.
(3) A public school that in the 2012-2013 and 2013-2014 school years used a nationally recognized system of teacher evaluation and support that is substantially similar to the Teacher Excellence and Support System may continue to use that system and is deemed to have met the requirements of this section.
(b)
(1) Evaluators and teachers shall collaborate in good faith to develop the teacher's professional growth plan under § 6-17-2806(a).
(2) Every teacher contract renewed or entered into after July 27, 2011, is subject to and shall reference this subchapter.
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