To update the criteria; implementation procedures; format and reporting requirements; and monitoring processes for the annual evaluation of instructional personnel and school administrator evaluation systems. The effect of this proposal is to set ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-5.030District Instructional Personnel and School Administrator Evaluation Systems

PURPOSE AND EFFECT: To update the criteria; implementation procedures; format and reporting requirements; and monitoring processes for the annual evaluation of instructional personnel and school administrator evaluation systems. The effect of this proposal is to set forth the criteria and process for approval of instructional personnel and school administrator evaluation systems that provides more flexibility; simplifies required forms; and streamlines the submission, review, and approval processes.

SUMMARY: The proposed rule sets forth the requirements for the annual evaluation of instructional personnel and school administrators pursuant to Section 1012.34, F.S., by updating the criteria so that the use of the state-calculated, value-added model is no longer required; setting forth submission, review and approval criteria; delineating the responsibilities of the school district and Department of Education (Department); establishing implementing procedures for the school district systems; prescribing reporting and monitoring requirements; and revising the incorporated forms used by school districts to align with state statute, streamline for readability and user-friendliness, and reduce duplication with requirements of other Department offices.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the Agency.

As noted in the SERC, the proposed rule provides school districts with more flexibility; simplifies the forms they are required to use; and streamlines the submission, review, and approval processes. Additionally, the proposed rule does not require school districts to make any changes to their evaluation systems. As such, it is not anticipated that the proposal will directly or indirectly have an adverse impact or increase regulatory costs. The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1012.34(8), 1012.98(8), FS.

LAW IMPLEMENTED: 1012.22(1)(c), 1012.34, 1012.98, FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: March 27, 2018, 9:00 a.m.

PLACE: Hendry County, LaBelle High School, 4050 E. Cowboy Way, LaBelle, FL 33935.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Eileen McDaniel, Bureau Chief, Bureau of Educator Recruitment, Development and Retention, 325 West Gaines Street, Room 124, Tallahassee, Florida 32399-0400; [phone]; or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-5.030 District Instructional Personnel and School Administrator Evaluation Systems.

(1) The purpose of this rule is to set forth the requirements for the annual evaluation of instructional personnel and school administrators pPursuant to Section 1012.34, F.S., by establishing this rule provides criteria; and implementing procedures for the school district systems; delineating the responsibilities of the school district and Department of Education (Department); setting forth format for the submission, review and approval criteria of district instructional personnel and school administrator evaluation systems; and prescribing reporting and monitoring requirements for the annual evaluation of instructional personnel and school administrators. This rule also establishes the process and requirements for monitoring district implementation of evaluation systems in accordance with Section 1012.34, F.S.

(2)(1) Definitions. The following definitions, listed alphabetically, shall be used in this rule and incorporated documents:

(a) “Assessments” means the methods or tools used to evaluate, measure, and document student performance and growth.

(b) “Contemporary research” means professional research studies that provide evidence of the impact of instructional practice and instructional leadership. Research findings are considered “contemporary” when conducted within the last ten (10) years or where the continued validity of less recent findings is supported by research conducted within the last ten (10) years.

(b) “Courses associated with statewide, standardized assessments” or “courses associated with statewide, standardized assessments under Section 1008.22, F.S.,” are those courses which are assessed by statewide, standardized assessments and are listed in the publication, “Florida VAM Course List,” (effective August 2015), which is incorporated herein by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-05722). A copy of Florida VAM Course List may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 124, Tallahassee, FL 32399-0400.

(c) “Florida Educator Accomplished Practices” or “FEAPs” means the those six (6) practices, including the descriptors within, described in subsection 6A-5.065(2), F.A.C., which is hereby incorporated herein by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-05726). A copy of Rule 6A-5.065, F.A.C., may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 124, Tallahassee, FL 32399-0400.

(d) “Florida Principal Leadership Standards” or “FPLSs” means the practices, including all domains and descriptors, described in Rule 6A-5.080, F.A.C., which is hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-05727). A copy of Rule 6A-5.080, F.A.C., may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 124, Tallahassee, FL 32399-0400.

(e) An “indicator” is a description of a specific behavior or strategy.

(f) “Instructional personnel” means instructional personnel as defined in section 1012.01(2)(a)-(d), F.S., excluding substitute teachers.

(g)(e) “Newly hired by the district” means the first calendar year in which classroom teachers are employed by the school district in a full-time instructional position. Such personnel are “newly hired” for their first year of employment in a district regardless of their prior work experience elsewhere or in the employing school district.

(h)(f) “Observation” means the monitoring actions in evaluation systems that contribute evidence of performance or the impact of performance on others. Evidence collected through observation contributes to the summative evaluation rating and may be used for formative feedback. District evaluation systems may provide that observations are formal or informal;, and announced or unannounced;. and whether they are District evaluation systems may provide that observations are contributed conducted by supervisors, mentors, or peers who are trained in the evaluation system. The length of time of an observation event and the type of school activity observed may vary and is determined by the evidence of practice that is sought.

(i)(g) “Performance standards” are the statements or cut points establishing how well individuals must perform within each criterion of the evaluation – performance of students, instructional practice or instructional leadership, and other indicators of performance – to achieve the four designated performance levels on a given metric to achieve a designated level.

(h) “Principal Leadership Standards” mean those practices, including all domains and descriptors, described in Rule 6A-5.080, F.A.C., which is incorporated herein by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-05727). A copy of Rule 6A-5.080, F.A.C., may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 124, Tallahassee, FL 32399-0400.

(j)(i) “Research-based framework” means an approach used in an evaluation system to assess and provide feedback on either instructional practice or instructional leadership. A research-based framework is based on contemporary research and includes implementation procedures designed to support the successful use of the framework for evaluation and continuous improvement.

(k)(j) “Rubric” means a tool or set of indicators criteria or descriptions of practice used to distinguish among proficiency levels or classify performance.

(l)(k) “School administrator” means school administrator as defined in Section 1012.01(3)(c), F.S.

(m) “Substantial revisions” means revisions other than editing for grammar, name changes, or year updates.

(n)(l) “Summative evaluation rating” means the final, combined rating of performance for an annual evaluation that includes student performance, instructional practice or instructional leadership, and, if applicable, other indicators of performance.. There are four (4) performance levels: highly effective; effective; needs improvement, or, for teachers in the first three (3) years of employment, developing; and unsatisfactory.

(o)(m) “Value-added model” or “VAM” means a statistical model used for the purpose of determining an individual teacher’s or school administrator’s contribution to student learning, as established in Rule 6A-5.0411, F.A.C., which is hereby incorporated herein by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-05728). A copy of Rule 6A-5.0411, F.A.C., may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 124, Tallahassee, FL 32399-0400.

(2) Content of Approved Evaluation Systems. To receive approval of its evaluation system, the district must submit evidence of the following requirements:

(a) Performance of Students.

1. For all instructional personnel and school administrators, the percentage of the evaluation that is based on the performance of students criterion as outlined in Section 1012.34(3)(a)1., F.S., along with an explanation of the scoring method, including how it is calculated and combined.

2. For classroom teachers newly hired by the district, the student performance measure and scoring method for each evaluation, including how it is calculated and combined.

3. For all instructional personnel and school administrators, confirmation of including student performance data for at least three (3) years, including the current year and the two (2) years immediately preceding the current year, when available. If less than the three (3) most recent years of data are available, those years for which data are available must be used. If more than three (3) years of student performance data are used, specify the years that will be used. The proportion of growth or achievement data included in the performance of students criterion may be determined by instructional assignment.

4. For classroom teachers of students for courses assessed by statewide, standardized assessments under Section 1008.22, F.S., documentation that VAM results comprise at least one-third of the evaluation. If a teacher is assigned a combination of courses that are associated with the statewide, standardized assessments and that are not, the portion of the evaluation that is comprised of the VAM results may be proportionally adjusted according to a methodology selected by the district, as long as the performance of students criterion remains at least one-third of the final evaluation.

5. For classroom teachers of students for courses not assessed by statewide, standardized assessments, the district-determined student performance measure(s).

6. For instructional personnel who are not classroom teachers, the district-determined student performance measure(s).

7. For school administrators the district-determined student performance measure(s).

(b) Instructional Practice.

1. For all instructional personnel, the percentage of the evaluation that is based on the instructional practice criterion as outlined in Section 1012.34(3)(a)2., F.S., along with an explanation of the scoring method, including how it is calculated and combined.

2. Documentation that the district evaluation framework for instructional personnel is based on contemporary research in effective educational practices.

3. For all instructional personnel, a crosswalk from the district's evaluation framework to the Educator Accomplished Practices demonstrating that the district’s evaluation system contains indicators based upon each of the Educator Accomplished Practices.

4. For classroom teachers, observation instrument(s) that include indicators based on each of the Educator Accomplished Practices.

5. For non-classroom instructional personnel, evaluation instrument(s) that include indicators based on each of the Educator Accomplished Practices.

6. For all instructional personnel, procedures for conducting observations and collecting data and other evidence of instructional practice.

(c) Instructional Leadership.

1. For all school administrators, the percentage of the evaluation that is based on the instructional leadership criterion provided in Section 1012.34(3)(a)3., F.S., along with an explanation of the scoring method, including how it is calculated and combined.

2. Documentation that the district evaluation framework for school administrators is based on contemporary research in effective educational practices.

3. For all school administrators, a crosswalk from the district’s evaluation framework to the Principal Leadership Standards.

4. Observation or other data collection instrument(s) that includes indicators, organized by domains, based on each of the Principal Leadership Standards, and additional elements provided in Section 1012.34(3)(a)3., F.S., including performance measures related to the effectiveness of classroom teachers in the school; the administrator’s appropriate use of evaluation criteria and procedures; recruitment and retention of effective and highly effective classroom teachers; improvement in the percentage of instructional personnel evaluated at the highly effective or effective level; and other leadership practices that result in student learning growth, as identified by the district.

5. Procedures for observing and collecting data and other evidence of instructional leadership.

(d) Other Indicators of Performance. A description of additional performance indicators, if the district chooses to include such additional indicators pursuant to Section 1012.34(3)(a)4., F.S., the percentage of the final evaluation that is based upon the additional indicators, along with the scoring method, including how it is calculated and combined.

(e) Summative Evaluation Rating. The documentation shall include the summative evaluation form(s) and scoring method, including how it is calculated and combined, and the performance standards used to determine the summative evaluation rating. Districts shall use the four (4) performance levels provided in Section 1012.34(2)(e), F.S.

(f) Additional Requirements.

1. Confirmation that the district provides instructional personnel the opportunity to review their class rosters for accuracy and to correct any mistakes pursuant to Section 1012.34(1)(a), F.S.

2. Documentation that the evaluator is the individual who is responsible for supervising the employee. An evaluator may consider input from other personnel trained in evaluation practices. If input is provided by other personnel, identify the additional positions or persons. Examples include assistant principals, peers, district staff, department heads, grade level chairpersons, or team leaders.

3. Description of training programs and processes to ensure that all employees subject to an evaluation system are informed on evaluation criteria, data sources, methodologies, and procedures associated with the evaluation before the evaluation takes place, and that all individuals with evaluation responsibilities and those who provide input toward evaluation understand the proper use of the evaluation criteria and procedures.

4. Description of the processes for providing timely feedback to the individual being evaluated.

5. Description of how results from the evaluation system will be used for professional development.

6. Confirmation that the district will require participation in specific professional development programs by instructional personnel and school administrators who have been evaluated as less than effective as required by Section 1012.98(10), F.S.

7. Documentation that all instructional personnel and school administrators are evaluated at least once a year.

8. Documentation that all classroom teachers are observed and evaluated at least once a year, except for classroom teachers newly hired by the district, documentation that the teacher is observed and evaluated at least twice in the first year of teaching in the district pursuant to Section 1012.34(3)(a), F.S.

9. Documentation that the evaluation system for instructional personnel and school administrators include opportunities for parents to provide input into performance evaluations when the district determines such input is appropriate, and a description of the district’s criteria for inclusion, and the manner of inclusion of parental input. Where survey information from students and parents are used, such information shall be objectively reliable and based on teaching practices that are consistently associated with higher student achievement.

10. Identification of teaching fields, if any, for which special evaluation procedures and criteria are necessary.

11. Description of the district’s peer assistance process, if any. Peer assistance may be part of the regular evaluation system, or used to assist personnel who are placed on performance probation, or who request assistance, or newly hired classroom teachers.

12. If included by a district, a description of the opportunity for instructional personnel to provide input into a school administrator’s performance evaluation.

(g) District Evaluation Procedures. The district shall provide evidence that its evaluation procedures comply with the following statutory requirements in accordance with Section 1012.34(3)(c), F.S.:

1. The evaluator must submit a written report of the evaluation to the district school superintendent for the purpose of reviewing the employee’s contract.

2. The evaluator must submit the written report to the employee no later than ten (10) days after the evaluation takes place.

3. The evaluator must discuss the written evaluation report with the employee.

4. The employee shall have the right to initiate a written response to the evaluation and the response shall become a permanent attachment to his or her personnel file.

(h) Notification of Unsatisfactory Performance. The district shall provide evidence that its evaluation procedures for notification of unsatisfactory performance comply with the requirements outlined in Section 1012.34(4), F.S.

(i) Additional Notifications. Documentation the district has complied with the requirement that the district school superintendent shall annually notify the Department of any instructional personnel or school administrator who receives two (2) consecutive unsatisfactory evaluations and shall notify the Department of any instructional personnel or school administrators who are given written notice by the district of intent to terminate or not renew their employment, as outlined in Section 1012.34(5), F.S.

(j) District Self-Monitoring. The district shall provide a description of its process for annually monitoring its evaluation system. The district’s self-monitoring system shall determine the following:

1. Evaluators’ understanding of the proper use of evaluation criteria and procedures, including evaluator accuracy and inter-rater reliability;

2. Evaluators provide necessary and timely feedback to employees being evaluated;

3. Evaluators follow district policies and procedures in the implementation of evaluation system(s);

4. Use of evaluation data to identify individual professional development; and,

5. Use of evaluation data to inform school and district improvement plans.

(3) Evaluation Systems Requirements. To receive approval of its evaluation systems, the school district must provide the following:

(a) Evaluation System Overview. For instructional personnel and school administrators, the purpose and a high-level summary of the evaluation system.

(b) Evaluation Procedures. For instructional personnel and school administrators, on an annual basis:

1. When and how personnel are informed of the criteria, data sources, methodologies, and procedures associated with the evaluation process;

2. When and how many observations take place; and

3. When and how many summative evaluations are conducted.

(c) Evaluation Criteria.

1. Performance of Students. For instructional personnel and school administrators:

a. Percentage of the evaluation based on student performance; and

b. Description of the step-by-step calculation for determining the student performance rating, including performance standards for differentiating performance.

2. Instructional Practice. For instructional personnel:

a. Percentage of the evaluation based on instructional practice; and

b. Description of the step-by-step calculation for determining the instructional practice rating for classroom and non-classroom instructional personnel, including performance standards for differentiating performance.

3. Instructional Leadership. For school administrators:

a. Percentage of the evaluation based on instructional leadership; and

b. Description of the step-by-step calculation for determining the instructional leadership rating for school administrators, including performance standards for differentiating performance.

4. Other Indicators of Performance. For instructional personnel and school administrators, if the school district chooses to include such additional indicators:

a. Percentage of the evaluation based on other indicators of performance;

b. Description of the additional performance indicators; and

c. Description of the step-by-step calculation for determining the other indicators of performance rating, including performance standards for differentiating performance.

5. Summative Evaluation Rating. For instructional personnel and school administrators:

a. Description of the step-by-step calculation for determining the summative rating; and

b. Sample summative rating calculations to illustrate how a second grade teacher and a ninth grade English language arts teacher can earn a highly effective and an unsatisfactory summative performance rating.

(d) Additional requirements.

1. For instructional personnel and school administrators:

a. Confirmation that the evaluation system framework is based on sound educational principals and contemporary research in effective educational practices.

b. Confirmation that the school district provides training programs and has processes that ensure:

(I) Employees subject to an evaluation system are informed of the evaluation criteria, data sources, methodologies, and procedures associated with the evaluation before the evaluation takes place; and

(II) Individuals with evaluation responsibilities and those who provide input toward evaluations understand the proper use of the evaluation criteria and procedures;

c. Confirmation that the school district evaluation procedures comply with the following:

(I) The evaluator is the individual responsible for supervising the employee, and the evaluator is authorized to consider input from other personnel trained on the evaluation system;

(II) The evaluator provides timely feedback to the employee that supports the improvement of professional skills;

(III) The evaluator submits a written report to the employee no later than ten (10) days after the evaluation takes place;

(IV) The evaluator discusses the written evaluation report with the employee;

(V) The employee has the right to initiate a written response to the evaluation and the response becomes a permanent attachment to his or her personnel file;

(VI) The evaluator submits a written report of the evaluation to the district school superintendent for the purpose of reviewing the employee’s contract; and

(VII) The evaluator may amend an evaluation based upon assessment data from the current school year if the data becomes available within ninety (90) days after the close of the school year.

d. Confirmation that the school district has procedures for the use of evaluation results to inform the planning of professional development, and the development of school and district improvement plans.

e. Confirmation that the school district ensures personnel who have been evaluated as less than effective are required to participate in specific professional development programs.

f. Confirmation that the school district has procedures for the notification of unsatisfactory performance that comply with the requirements outlined in Section 1012.34(4), F.S.

g. Confirmation that the district school superintendent annually notifies the Department of Education of any personnel who receive two (2) consecutive unsatisfactory evaluation ratings, or are given written notice by the school district of intent to terminate or not renew their employment, as outlined in Section 1012.34(5), F.S. This reporting shall be completed in accordance with the FDOE Information Database Requirements: Volume II – Automated Staff Information System, as established in Rule 6A-1.0014, F.A.C., which is hereby incorporated by reference (DOS link). A copy of Rule 6A-1.0014, F.A.C., may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 124, Tallahassee, FL 32399-0400.

h. Confirmation that the school district has a process for annually monitoring its evaluation system that enables it to determine the following:

(I) Compliance with the requirements of Section 1012.34, F.S., and this rule;

(II) Evaluators’ understanding of the proper use of evaluation criteria and procedures, including evaluator accuracy and inter-rater reliability;

(III) Evaluators provide necessary and timely feedback to employees being evaluated;

(IV) Evaluators follow district policies and procedures in the implementation of evaluation system(s);

(V) Use of evaluation data to identify individual professional development; and,

(VI) Use of evaluation data to inform school and district improvement plans.

2. For instructional personnel:

a. Confirmation that the observation instrument(s) to be used for classroom teachers include indicators based on each of the FEAPs.

b. Confirmation that the observation instrument(s) to be used for non-classroom instructional personnel include indicators based on each of the FEAPs, and may include specific job expectations related to student support.

c. Confirmation that the school district provides instructional personnel the opportunity to review their class rosters for accuracy and to correct any mistakes.

d. Confirmation that the district school superintendent annually reports accurate class rosters for the purpose of calculating district and statewide student performance, and the evaluation results of instructional personnel.

e. Confirmation that the school district provides opportunities for parents to provide input into performance evaluations, when the school district determines such input is appropriate.

f. Confirmation that the school district ensures all instructional personnel, classroom and non-classroom, are evaluated at least once a year, and classroom teachers newly hired by the school district are observed and evaluated at least twice in the first year of teaching in the school district.

g. Confirmation that the district’s system identifies teaching fields for which special evaluation procedures or criteria are necessary, if applicable.

3. For school administrators:

a. Confirmation that the observation instrument(s) to be used for school administrators include indicators based on each of the FPLSs.

b. Confirmation that the school district ensures all school administrators are evaluated at least once a year.

c. Confirmation that the school district provides opportunities for parents and instructional personnel to provide input into performance evaluations, when the school district determines such input is appropriate.

(e) Additional Documentation.

1. For instructional personnel:

a. Crosswalk from the school district’s evaluation framework to each of the FEAPs; and

b. Observation rubric(s) to be used for classroom and non-classroom teachers that include indicators based on each of the FEAPs.

2. For school administrators:

a. Crosswalk from the school district’s evaluation framework to each of the FPLSs; and

b. Observation rubric(s) to be used for school administrators that include indicators based on each of the FPLSs and other leadership practices that result in student learning growth, as identified by the school district;

3. For instructional personnel and school administrators:

a. List of the assessments and performance standards that will apply to the assessment results to be used for calculating the performance of students; and

b. Summative evaluation form(s).

(4)(3) Submission Process.

(a) School dDistricts shall submit an evaluation system to the Department for review and approval within fifteen (15) days of the system being revised and prior to school board approval at any time when a new system is established or when an existing evaluation system is revised. Beginning in the 2018-19 school year, school districts shall submit a revised system on the forms outlined in paragraph (4)(a) of this rule The Department’s review and approval of a revised evaluation system is part of the Department’s process for monitoring school district evaluation systems pursuant to Sections 1012.34(1)(b) and (8), F.S.

(b) Instructional personnel All evaluation systems shall be submitted using the Instructional Evaluation System Template, Form IEST-2018 2015, and school administrator evaluation systems shall be submitted using the or Administrative Evaluation System Template, Form AEST-2018 2015.

(c) The Instructional Evaluation sSystems Template, Form IEST-2015 or Administrative Evaluation System Template, Form AEST-2015 and all required supporting documentation shall be submitted electronically to the Department’s Division of Educator Quality for review and approval to the address [e-mail].

(5)(4) Review and Approval Process. The review and approval process is a part of the Department’s process for monitoring evaluation systems pursuant to Sections 1012.34(1)(b) and (8), F.S. Following the submission of an evaluation system:

(a) The Department shall review the form and documentation submitted by the district to determine whether the school district has submitted a complete evaluation system with the required content required by pursuant to subsection (3) (2) of this rule and in the format required by pursuant to subsection (4) (3) of this rule, using the Checklist for Approval, Appendix A to the Instructional Evaluation System Template, Form IEST-2015 and Administrative Evaluation System Template, Form AEST-2015.

(b) The Department shall , within thirty (30) days from the receipt of the evaluation system, provide each district a written notification to the school district notice within thirty (30) days of receipt of the evaluation system that identifies omitted elements, or, if there are no omitted elements, that notice that the submission is complete.

(c) The school district shall, within thirty (30) days from the notification provided in paragraph (5)(b) of this rule, address the omitted elements and resubmit the evaluation system to the Department.

(d) The Department shall, within thirty (30) days from the resubmission of the evaluation system, provide written notification to the district school superintendent of the evaluation system approval status to the district superintendent within sixty (60) days of the date the written notice in paragraph (4)(b) of this rule is provided to the district. The approval status designations and the effect of these designations are as follows:

1. Approved. An evaluation system shall be approved, if the system meets the requirements outlined all criteria found in subsection (6) (2) of this rule. A school district may implement the evaluation system(s) after receiving notification of Department approval.

2. Denied. An A district evaluation system shall be denied if the district’s evaluation system does not meet the requirements outlined in of subsection (6) (2) of this rule. The school district shall make revisions to the system, based in part on feedback from the Department, and resubmit the plan to the Department for review and approval; a A district may not implement a denied evaluation system. Upon request by the school district, the Department shall provide assistance in developing or improving an evaluation system.

(6) Approval Criteria.

(a) An evaluation system shall be approved when the system:

1. Is submitted to [e-mail];

2. Is submitted on the forms required by paragraph (4)(a) of this rule;

3. Fulfills the requirements of subsection (3) of this rule; and,

4. Is found by the Department to create the conditions necessary to increase student academic performance and learning growth by improving the quality of instructional, administrative, and supervisory services in the school district.

(b) An evaluation system shall maintain its approval designation if it continues to comply with the requirements listed in Section 1012.34, F.S., and this rule; the school district is implementing the evaluation system as approved by the Department; and any areas of noncompliance identified through the monitoring process outlined in subsection (7) of this rule are addressed within the Department’s prescribed timeline.

(7)(5) Implementation Monitoring.

(a) In addition to the procedures described in subsections (5) of this rule (3) and (4), the Department shall monitor the school each district’s implementation of its approved the evaluation systems pursuant to Section 1012.34(1)(b), F.S., once every five (5) years, with monitoring occurring more often based upon a request from the district or receipt of evidence of non-compliance with the requirements of Section 1012.34, F.S., or this rule. Monitoring shall include documentation that the district is in compliance with the required elements of the evaluation system listed in subsection (2), and that the district is implementing its system as approved.

(a) The Department shall annually select no less than ten (10) percent of school districts to monitor, prioritized based on the following factors: the district percentage of schools receiving a grade of “D” or “F” pursuant to Section 1008.34, F.S.; the distribution of personnel in each of the four (4) performance levels provided in Section 1012.34(2)(e), F.S.; findings of evidence of noncompliance with the requirements of Section 1012.34, F.S., or this rule during monitoring; requests for assistance; and the length of time since the last monitoring event.

 

(b) The Department shall provide the school notify each district with no less than at least sixty (60) days’ notice of a prior to the monitoring event process described in paragraph (5)(a).

(c) The school district shall, wWithin thirty (30) days of the after receipt of the notification of monitoring, the district shall submit a report to the Department of the results of its annual self-monitoring of its evaluation systems pursuant to paragraph (2)(j) during the preceding five (5) years. The report shall include any improvements the school district has made to its evaluation processes as a result of its own monitoring.

(d) The Department shall conduct monitoring of the school district, documenting evidence that the school district is in compliance with the evaluation system requirements listed in Section 1012.34, F.S., and this rule, and implementing its system as approved.

(e) The Department shall, uUpon completion of monitoring, the Department shall provide the school district with a report of the results that identifies of the monitoring, which includes the continued approval designation for the evaluation systems and any strengths and areas of noncompliance identified.

(f) The school district shall, upon receipt of the monitoring report, receive no more than sixty (60) days to implement corrective actions to address areas of noncompliance and submit documentation of compliance to the Department.

(8)(6) Forms. The following forms are hereby incorporated by reference: and made a part of this rule. Copies may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 124, Tallahassee, FL 32399-0400.

(a) Instructional Evaluation System Template, Form IEST-2018 (April 2018) and 2015 (http://www.flrules.org/Gateway/reference.asp?No=Ref-05729) and , effective August 2015.

(b) Administrative Evaluation System Template, Form AEST-2018 (April 2018)  2015 (http://www.flrules.org/Gateway/reference.asp?No=Ref-05730), effective August 2015. Copies may be obtained from the Florida Department of Education, 325 West Gaines Street, Room 124, Tallahassee, FL 32399-0400.

Rulemaking Authority 1012.34(8) 1012.98(8) FS. Law Implemented 1012.22(1)(c), 1012.34, 1012.98 FS. History–New 6-19-01, Formerly 6B-4.010, Amended 9-9-15,_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Hershel Lyons, Chancellor, Division of K-12 Public Schools.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 16, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 11, 2018