(a)  Any board of education-approved educator evaluation system for tenured teachers shall include, but not be limited to, the following provisions:

(1)  Any teacher who obtains or earns a rating of “highly effective,” or a number “4,” or any equivalent thereof shall, subsequent to such evaluation, be evaluated not more than once every three (3) years thereafter.

(2)  Any teacher who obtains or earns a rating of “effective,” or a number “3,” or any equivalent thereof shall, subsequent to such evaluation, be evaluated not more than once every two (2) years thereafter.

(3)  An annual conference shall be required for any “highly effective” or “effective” teacher included in subsections (a)(1) and (a)(2) herein. Said conference shall be in accordance with a process and scope determined by each school district’s educator evaluation committee.

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(b)  The provisions of this section shall not prohibit annual evaluations in circumstances including, but not limited to:

(1)  Any teacher who may request an annual evaluation; or

(2)  Any teacher during his or her first year teaching under a new teaching certificate.

(c)  Any non-tenured teacher shall be evaluated annually.

(d)  Notwithstanding the provisions contained in subsection (a), principals may observe a teacher’s classroom and classroom instruction at any time.

(e)  Notwithstanding the provisions contained in subsection (a), nothing herein shall preclude more frequent educator evaluations if they are included in a local school district’s negotiated collective bargaining agreement entered into after July 1, 2014.

(f)  Notwithstanding the provisions contained in subsection (a), any concerns about a teacher’s performance that arise at anytime shall be handled in accordance with local school district personnel policies and negotiated collective bargaining agreements.

(g)  Any regulations of the department of education providing for the evaluation of teachers shall be modified to conform with the provisions and schedule set forth herein; provided, however, that nothing herein shall be construed to direct the department of education to act so as to jeopardize any current funding from a race to the top grant received by the state.