SB359 HFA LANE ET AL 3-21
Delegates Lane, Border-Sheppard, Hamrick, Espinosa,
Householder, McCuskey, Shott, Cowles, Overington and Ellington
move to amend the committee substitute in article two of chapter
eighteen-a on page one hundred thirty four after line eighty five
by inserting the following section:
"
§
18A-2-12. Performance evaluations of school personnel;
professional personnel evaluation process
.
(a) The state board shall adopt a written system for the
evaluation of the employment performance of personnel, which
system shall be applied uniformly by county boards of education
in the evaluation of the employment performance of personnel
employed by the board.
(b) The system adopted by the state board for evaluating the
employment performance of professional personnel shall be in
accordance with the provisions of this section.
(c) For purposes of this section, "professional personnel",
"professional" or "professionals", means professional personnel
as defined in section one, article one of this chapter.
(d) In developing the professional personnel performance
evaluation system, and amendments thereto, the state board shall
consult with the Center for Professional Development created in
article three-a of this chapter. The center shall participate
actively with the state board in developing written standards for
evaluation which clearly specify satisfactory performance and the criteria to be used to determine whether the performance of each
professional meets such standards.
(e) The performance evaluation system shall contain, but
shall not be limited to, the following information:
(1) The professional personnel positions to be evaluated,
whether they be teachers, substitute teachers, administrators,
principals or others;
(2) The frequency and duration of the evaluations shall be
on a regular basis and of such frequency and duration as to
insure the collection of a sufficient amount of data from which
reliable conclusions and findings may be drawn:
Provided,
That
for school personnel with five or more years of experience, who
have not received an unsatisfactory rating, evaluations shall be
conducted no more than once every three years unless the
principal determines an evaluation for a particular school
employee is needed more frequently:
Provided, however
, That for
classroom teachers with five or more years of experience who have
not received an unsatisfactory rating, an evaluation shall be
conducted or professional growth and development plan required
only when the principal determines it to be necessary for a
particular classroom teacher, or when a classroom teacher
exercises the option of being evaluated at more frequent
intervals.
(3) In addition to any evaluation process developed in
accordance with the requirements of this section or, which is currently in effect, the state board shall allow teachers to
elect to undergo an alternative professional personnel evaluation
process in accordance with the following:
(A) The alternative evaluation process shall evaluate a
teacher based upon a three factor test;
__________(i) fifty percent of the weight of the evaluation shall be
derived from student achievement; and
__________(ii) twenty five percent of the weight shall be derived from
student surveys; and
__________(iii) twenty five percent of the weight shall be derived
from classroom observation of the teacher by administrators and
peers; which shall be comprised of the following:
__________(I)
two observations annually from an administrator;
__________(II) one peer observation for one entire class period; and
__________(III) three other peer observations of fifteen minutes each.
(B) Teachers opting to receive this form of evaluation,
shall be granted an additional bonus of one thousand dollars for
each year in which they participate in this form of evaluation;
this bonus is a one-time bonus not included in calculations
toward retirement
,
and
may not be construed to increase the base
salary of a public employee
;
(C)
Teachers opting to receive this form of evaluation,
shall be granted an additional bonus of two thousand five hundred
dollars for each year in which they participate in this form of
evaluation, and in which their pupils meet or exceed student achievement standards; this bonus is a one-time bonus not
included in calculations toward retirement
,
and
may not be
construed to increase the base salary of a public employee
.
__________(D)
For purposes of this subsection, the relevant stud
ent
achievement, student survey,
and peer observations
standards
shall be hereafter developed by the State Board and these
standards shall be conducted and determined in accordance with
research findings from the Bill and Melinda Gates Foundation
cumulative research on measuring effective teaching.
(3)
(4)
The evaluation shall serve the following purposes:
(A) Serve as a basis for the improvement of the performance
of the personnel in their assigned duties;
(B) Provide an indicator of satisfactory performance for
individual professionals;
(C) Serve as documentation for a dismissal on the grounds of
unsatisfactory performance; and
(D) Serve as a basis for programs to increase the
professional growth and development of professional personnel;
(4)
(5)
The standards for satisfactory performance for
professional personnel and the criteria to be used to determine
whether the performance of each professional meets such standards
and other criteria for evaluation for each professional position
evaluated.
Effective July 1, 2003, and thereafter,
Professional
personnel, as appropriate, shall demonstrate competency in the
knowledge and implementation of the technology standards adopted by the state board. If a professional fails to demonstrate
competency, in the knowledge and implementation of these
standards, he or she will be subject to an improvement plan to
correct the deficiencies; and
(5)
(6)
Provisions for a written improvement plan, which
shall be specific as to what improvements, if any, are needed in
the performance of the professional and shall clearly set forth
recommendations for improvements, including recommendations for
additional education and training during the professional's
recertification process.
(f) A professional whose performance is considered to be
unsatisfactory shall be given notice of deficiencies. A
remediation plan to correct deficiencies shall be developed by
the employing county board of education and the professional.
The professional shall be given a reasonable period of time for
remediation of the deficiencies and shall receive a statement of
the resources and assistance available for the purposes of
correcting the deficiencies.
(g) No person may evaluate professional personnel for the
purposes of this section unless the person has an administrative
certificate issued by the state superintendent and has
successfully completed education and training in evaluation
skills through the center for professional development, or
equivalent education training approved by the state board, which
will enable the person to make fair, professional, and credible evaluations of the personnel whom the person is responsible for
evaluating.
After July 1, 1994,
No person may be issued an
administrative certificate or have an administrative certificate
renewed unless the state board determines that the person has
successfully completed education and training in evaluation
skills through the center for professional development, or
equivalent education and training approved by the state board.
(h) Any professional whose performance evaluation includes a
written improvement plan shall be given an opportunity to improve
his or her performance through the implementation of the plan.
If the next performance evaluation shows that the professional is
now performing satisfactorily, no further action may be taken
concerning the original performance evaluation. If the
evaluation shows that the professional is still not performing
satisfactorily, the evaluator either shall make additional
recommendations for improvement or may recommend the dismissal of
the professional in accordance with the provisions of section
eight of this article.
(i) Lesson plans are intended to serve as a daily guide for
teachers and substitutes for the orderly presentation of the
curriculum. Lesson plans may not be used as a substitute for
observations by an administrator in the performance evaluation
process. A classroom teacher, as defined in section one, article
one of this chapter, may not be required to post his or her
lesson plans on the internet or otherwise make them available to students and parents or to include in his or her lesson plans any
of the following:
(1) Teach and re-teach strategies;
(2) Write to learn activities;
(3) Cultural diversity;
(4) Color coding; or
(5) Any other similar items which are not required to serve
as a guide to the teacher or substitute for daily instruction.
and
(j) The Legislature finds that classroom teachers must be
free of unnecessary paper work so that they can focus their time
on instruction. Therefore, classroom teachers may not be
required to keep records or logs of routine contacts with parents
or guardians.
(k) Nothing in this section may be construed to prohibit
classroom teachers from voluntarily posting material on the
internet.
"
_________
Adopted
Rejected