The purpose of this rule amendment is to implement changes to Section 1012.34, Florida Statutes, as prescribed in the Student Success Act (SB 736) of 2011 and to establish procedures for Department of Education review, approval and monitoring of ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-5.030: Instructional Personnel Assessment Systems
PURPOSE AND EFFECT: The purpose of this rule amendment is to implement changes to Section 1012.34, Florida Statutes, as prescribed in the Student Success Act (SB 736) of 2011 and to establish procedures for Department of Education review, approval and monitoring of school district systems for personnel evaluation under Section 1012.34, Florida Statutes.
SUMMARY: Section 1012.34, Florida Statutes, establishes requirements for instructional personnel and school administrator performance evaluations. This rule amendment will align the evaluations and associated professional development to support continuous improvement of effective instruction and student achievement.
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 not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 1) no requirement for a SERC was triggered under Section 120.541(1), Florida Statutes, and 2) based upon past experiences surrounding evaluation systems, the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), Florida Statutes.
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: 1001.02, 1012.34 FS.
LAW IMPLEMENTED: 1001.42(18), 1006.281, 1012.12(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, 2012, 9:00 a.m.
PLACE: TERRA Environmental Research Institute, 11005 S.W. 84th Street, Miami, FL 33173
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kathy Hebda, Deputy Chancellor for Educator Quality, Florida Department of Education, 325 West Gaines Street, Suite 1502, Tallahassee, FL 32399-0400

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 6A-5.030 follows. See Florida Administrative Code for present text):

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

Evaluation systems are to be designed and implemented to support continuous improvement of student learning growth by improving the quality of instructional, administrative, and supervisory services in the public schools of the state. This rule provides implementing procedures and criteria for the submission, review and approval of district evaluation systems, as well as monitoring of implementation and reporting on the impact of implementation of evaluation systems and associated professional development on student learning growth and instructional, administrative and supervisory services. This rule applies to all evaluation systems for instructional personnel and school administrators in the public school system.

(1) Submission Process.

(a) Evaluation systems shall be submitted to the Department’s Division of Educator Quality for review and approval accompanied by the document entitled Review and Approval Checklist for Instructional Personnel and School Administrator Evaluation Systems, Form No. EQEVAL-2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01023). The form and documentation required by the form shall be submitted electronically to [e-mail]. This form is incorporated by reference and can be obtained on the Department’s website at www.fldoe.org/profdev/pa.asp.

(b) The time period for submission shall be posted on www.fldoe.org/profdev/pa.asp and shall allow a district a minimum of sixty (60) days notice to submit the evaluation system.

(c) Districts shall submit an evaluation system for review and approval when an existing evaluation system is amended to address changes in statute or rule, or when a previously approved system is substantially modified as defined in subsection (5) of this rule.

(d) When an evaluation system is modified less than substantially, the district shall inform the Division of Educator Quality within thirty (30) calendar days. The district will submit such modifications to [e-mail].

(2) Content of Approved Evaluation Systems. In order to be approved by the Department, an evaluation system shall:

(a) Contain evidence of each of the elements as described in the Review and Approval Checklist for Instructional Personnel and School Administrator Evaluation Systems, Form No. EQEVAL-2012;

(b) Comply with the requirements for an evaluation system found in Section 1012.34, Florida Statutes; and

(c) Demonstrate that the evaluation system is designed to promote continuous improvement of student learning growth and faculty and leadership development through feedback processes. The system shall include procedures to ensure rater accuracy and reliability, training of employees on proficiency expectations, and monitoring of improvement results in student learning growth and instructional personnel and school leader proficiency on evaluation indicators.

(3) Initial Review Process.

(a) The Department shall review the documentation submitted by the district pursuant to paragraph (1)(a) of this rule to determine whether the district has submitted a complete evaluation system that can be considered for approval.

(b) The Department shall provide each school district a written notice that identifies omitted elements that must be submitted before review of the complete evaluation system can begin.

(c) The Department shall provide written notice to the district within fourteen (14) days of receipt of a completed application, that the application is complete. This notice shall be provided electronically to the address noted on the Review and Approval Checklist for Instructional Personnel and School Administrator Evaluation Systems, Form No. EQEVAL-2012.

(4) Approval Process. The Department shall provide written notification of the approval status to the school district superintendent within ninety (90) days of the date the written notice provided in paragraph (3)(c) of this rule is provided to the district. The approval status designations and the effect of these designations are as follows:

(a) Approved. An approved system meets all criteria found in subsection (2) of this rule. A district may implement the evaluation system(s) after receiving notification of Department approval.

(b) Conditionally Approved. Evaluation systems shall be designated conditionally approved if the school district’s evaluation system meets the requirements of elements I through VII of the Review and Approval Checklist for Instructional Personnel and School Administrator Evaluation Systems, but fails to satisfy one or more of the other requirements for the evaluation systems found on the Review and Approval Checklist, Section 1012.34, Florida Statutes, or paragraph (2)(b) of this rule. The school district’s system designated as conditionally approved shall be revised so that it is in full compliance with all requirements for evaluation systems, and resubmitted to the Department for review and approval. Notice of conditional approval shall contain the time period when the revised evaluation system shall be submitted and shall allow a district a minimum of fourteen (14) calendar days to submit. Upon receiving notice of conditional approval, the district may implement all approved portions of the evaluation system.

(c) Denied. A school district evaluation system shall be denied if the school district’s evaluation system does not meet the requirements of subsection (2) of this rule. A school district’s system designated as conditionally approved shall be denied, if the requirements for evaluation systems are not met within sixty (60) days of the Department’s written notice granting the conditionally approved status. A district may seek an extension of time if the district demonstrates that unforeseeable or uncontrollable circumstances caused a delay. The Commissioner may grant an extension of thirty (30) days. A district may not implement a denied evaluation system until the system is approved or conditionally approved.

(d) Approval Rescinded. A district’s evaluation system approval status may be rescinded based upon monitoring conducted under paragraph (6)(c) of this rule. A system requiring modifications to implementation of elements I through VII of the Review and Approval Checklist for Instructional Personnel and School Administrator Evaluation Systems, Form No. EQEVAL-2012, shall result in an approval status of denied. A system requiring modifications to implementation of elements VIII through XII of the Review and Approval Checklist for Instructional Personnel and School Administrator Evaluation Systems, Form No. EQEVAL-2012, shall result in an approval status of conditionally approved.

(5) Modifications to an Approved Evaluation System. Modifications to an approved evaluation system may be made pursuant to the following:

(a) An evaluation system is “substantially modified” when:

1. A different research framework is adopted as the basis for the system;

2. Scoring and weighting methods are changed;

3. Rubrics defining performance levels or proficiency level expectations are changed;

4. Evaluation measures or metrics are added or deleted from the system;

5. Processes for observation or feedback are changed;

6. There are changes in processes for informing employees of performance expectations expressed in the evaluation system or in training and maintaining evaluators’ proficiency in use of the system; or

7. There are changes in the personnel who may contribute evidence to be used in evaluations.

(b) A substantially modified evaluation system shall be submitted to the Department for approval using Form EQEVAL-2012 and shall not be implemented prior to Department approval.

(c) An evaluation system that has been modified less than substantially shall be submitted to the Department in writing. These modifications shall not be implemented prior to receipt of written notice from the Department confirming that the evaluation system has not been substantially modified. The Department shall provide the district written notice within twenty-one (21) days of the Department’s receipt of the modified system.

(6) Implementation Monitoring: Districts and the Department shall implement quality control monitoring that identifies the impact of evaluation systems on quality improvements in instructional, administrative, and supervisory services.

(a) The use of data from quality control monitoring shall be used by districts to review and revise organizational policies, infrastructure, practices, procedures, and resource allocations to promote effective implementation and to remove barriers to success. The district monitoring elements shall include:

1. The effectiveness of evaluation system on improvement of student learning growth and faculty and leadership development;

2. The impact of professional development on instructional personnel and school administrators’ proficiency;

3. Procedures to establish, monitor, and sustain inter-rater accuracy and reliability;

4. Procedures to establish, monitor, and sustain the accuracy of evaluators’ feedback;

5. Frequency and effectiveness of feedback on proficiency on the indicators;

6. Implementation of evaluation system(s) at school and district levels;

7. Use of evaluation data to inform individual, school, and district improvement planning consistent with the requirements of Section 1001.42(18), Florida Statutes;

8. Use of evaluation data to identify professional development priorities consistent with the requirements of Section 1012.98, Florida Statutes, and Rule 6A-5.071, F.A.C.;

9. Implementation of assessments that are used to measure student growth and performance for evaluation purposes; and

10. Alignment of evaluation indicators with contemporary research-based practices associated with improving student learning growth and the quality of instructional, administrative, and supervisory services;

(b) The Department’s monitoring elements are found in sub-subparagraphs (6)(b)1.a. through g. of this rule:

1. Coordination of Data Analysis. In order to assist the Department in monitoring implementation of district evaluation systems and their impact on student learning growth and the quality of instructional, administrative, and supervisory services, a district shall submit the following information thirty (30) days prior to the district’s scheduled review of its district evaluation systems pursuant to subparagraph (6)(b)2. of this rule:

a. Professional development provided on high effect size instructional and leadership strategies;

b. Data collection processes used to gather evidence of impact of professional development on high effect size instructional and leadership strategies;

c. Evidence of alignment of professional development and the district’s evaluation indicators;

d. Data elements included in the district’s Local Instructional Improvement System (LIIS) pursuant to Section 1006.281, Florida Statutes, that align professional development proficiencies with evaluation indicators;

e. Data collection processes used to gather evidence on the quality of school level implementation of state approved initiatives related to student learning growth on Common Core and Next Generation Sunshine State Standards as incorporated by reference in Rule 6A-1.09401, F.A.C.;

f. District data collection processes that track the impact of evaluation system implementation on student learning growth and instructional and administrative proficiency on evaluation indicators; and

g. District use of impact data to modify and improve instructional and administrative evaluation systems.

2. Five Year Continuous Improvement Cycle.

a. The Department shall publish a schedule for review of district evaluation systems for instructional personnel and school administrators in five-year cycles on the Department’s website at www.fldoe.org/profdev/pa.asp. The cycle of review shall commence in the 2014-15 school year.

b. Such reviews shall include the results of annual quality control monitoring and systemic change actions taken based on those results, the issues in subparagraph (6)(b)1. of this rule, and the implementation status of the requirements for evaluation systems specified in subsection (2) of this rule.

c. Such reviews shall include a joint Department and district assessment of the alignment of district evaluation practices for instructional personnel and school administrators on student growth, faculty and leadership development, and professional development on the core standards and expectations.

d. Where a review identifies barriers to implementation of the evaluation system, the district shall develop an action plan to eliminate or mitigate any identified barriers.

e. The reviews shall result in continued approval of a district’s evaluation system or modifications to the system based on the monitoring criteria.

(7) Reporting.

(a) All evaluation systems approved pursuant to this rule shall be posted online by the submitting organization on a district website within thirty (30) days of approval of the evaluation system. The current URL of the district’s posted documentation shall be provided to the Department by submitting the URL to [e-mail], and it will be included on the Department’s website, www.fldoe.org/profdev/pa.asp. The district website posting shall provide access to the approved evaluation criteria, including rating rubrics, cut scores, and weighting formulas, evaluation system indicators, feedback processes and forms, and summative evaluation performance levels.

(b) The District’s annual report on the status of evaluation system implementation required by Section 1012.34(1)(a), Florida Statutes, shall address the monitoring results listed in subsection (6) of this rule.

Rulemaking Authority 1001.02, 1012.34 229.053, 231.29 FS. Law Implemented 1001.42(18), 1006.281, 1012.12(1)(c), 1012.34, 1012.98 230.23(5)(c), 231.29 FS. History–New 6-19-0, Formerly 6B-4.010, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Pam Stewart, Chancellor, Division of Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 15, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 23, 2011