Rule revisions were necessary to bring the rule into compliance with statutory references from school code revisions of 2002, which included requirements for assessment systems to allow for compensation based upon performance.

DEPARTMENT OF EDUCATION
Education Practices Commission

RULE NO: RULE TITLE
6B-4.010: Instructional Personnel Assessment Systems
PURPOSE AND EFFECT: Rule revisions were necessary to bring the rule into compliance with statutory references from school code revisions of 2002, which included requirements for assessment systems to allow for compensation based upon performance.
SUMMARY: This rule sets forth the requirements and implementation of the approval process for district instructional personnel assessment systems as prescribed by Section 1012.34, Florida Statutes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 1012.34 FS.
LAW IMPLEMENTED: 1012.34, 1012.22 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: April 17, 2007, 8:30 a.m.
PLACE: 400 South Monroe, Room LL03, Tallahassee, Florida 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Pamela Stewart, Deputy Chancellor, K-12 Educator Quality, 325 West Gaines Street, Room 514, Tallahassee, Florida 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

6B-4.010 Instructional Personnel Assessment Systems.

(1) Submission Process.

(a) Each school district annually shall submit to the Department by June 1st for approval, the methods, criteria, and other documentation intended to be used to assess instructional personnel the (its “instructional personnel assessment system” or “system”), the Division of Professional Educators of the Department for approval pursuant to Sections 1012.34 and 1012.22 231.29, Florida Statutes, and other provisions citing these sections that require assessment of instructional personnel based primarily upon student performance. The system shall have completed all applicable Chapter 447, Florida Statutes, negotiation requirements and any other ratification requirements prior to being submitted.

(b) Each submission shall include documentation as set forth in paragraph (c) below to substantiate that the school district has met the requirements and conditions for approval of instructional personnel assessment systems pursuant to Section 1012.34 231.29, Florida Statutes, and this rule have been met.

(c) The instructional personnel assessment system shall be reviewed by the Department for inclusion of the following:

1. Assessment criteria that include, at a minimum, indicators that relate to the areas of competence specified in Section 1012.34, Florida Statutes, and the Florida Educator Accomplished Practices as incorporated in Rule 6A-5.065, F.A.C. Section 231.29(3)(a), Florida Statutes.

2. An assessment method for annually evaluating professional performance of all instructional personnel individually, primarily based upon the improved performance of students assigned to them (“Improved Student Achievement”) in a manner consistent with Section 1012.34, Florida Statutes, and this rule. A statement of district procedures reflecting methods and criteria used to designate, document, and differentiate unsatisfactory, satisfactory, and outstanding performance levels.

3. A statement of district procedures describing any method, criteria, or calculation used to assess the professional performance of instructional personnel consistent with the following:

a. Eligibility – Instructional personnel must be automatically eligible to be evaluated and to receive any performance-based pay awards without having to apply or make a special presentation.

b. Evaluation instrument – Each district school board shall adopt an evaluation instrument in which the primary determining factor shall be the evaluation of Improved Student Achievement. The school district’s system shall comparatively differentiate the professional performance of instructional personnel such that a portion of their compensation may be determined on the basis of performance as required by Sections 1012.22(1)(c) and 1012.34, Florida Statutes. In addition, the system must allow a district to distinguish and reward a minimum of 25 percent of its elementary, middle, and high school instructional personnel in order to facilitate compliance with Section 1012.22(1)(c), Florida Statutes, and related performance-based pay systems, for example, the Special Teachers are Rewarded program, Ch. 2006-26, s. 3, Laws of Florida.

(I) Instructional personnel assessment systems shall evaluate Improved Student Achievement independent of its grouping of other criteria. The final assessment result shall combine these two evaluation components, such that Improved Student Achievement is given a primary weighting of at least 50 percent. An employee that rates in the top quartile as to the primary factor, improved student achievement, shall be recognized and rewarded for performance-based pay purposes, see Section 1012.22(c), Florida Statutes, Ch. 2006-26, s. 3, Laws of Florida, unless that employee rates less than “satisfactory” or receives more than one “satisfactory” rating on non-primary evaluation criteria. Assessment instruments must include a rating scale and criteria that clearly differentiate personnel performance levels ranging from outstanding to unsatisfactory with a median rating of satisfactory.

(II) School districts shall annually identify to the Department any instructional personnel rated in the top-quartile as to the Improved Student Achievement component, but who has not been recognized and rewarded for purposes of applicable performance-based pay systems, and describe how these determinations were made.

c. Instructional personnel evaluation based on student performance – Each school district shall measure annual Improved Student Achievement using the most equitable and valid instruments available to assess student performance growth over the time that students are assigned to an instructor’s class or course in a manner unsullied by other evaluation criteria or considerations. The assessment may neither penalize nor advantage instructors based on their teaching assignment.

(I) Improved Student Achievement for instructional personnel linked by course number to state assessed subjects and grade levels shall be measured by standardized annual assessments as provided in Section 1008.22, F.S.

(II) Improved Student Achievement for instructional personnel of subjects and grade levels not measured by a state assessment shall be measured primarily by securely maintained and administered, district-adopted instruments related to the subject area, such as:

(A) Standardized exams or norm-referenced tests, for example, the FCAT, NRT, Advanced Placement, International Baccalaureate, or a district end-of-course test;

(B) industry certification exams;

(C) Exams that have been developed by the district, a consortium of districts, or a professional organization;

(D) Other measures of student performance (excluding student input measures, teacher-assigned grades, or classroom-level tests), that comparatively assess baseline skills or knowledge at a point in time prior to or near the beginning of a class or course against a follow-up assessment near or at the end of that class or course.

(E) For art, physical education, music, some special education, and other classes or courses that contain both knowledge and skill instructional elements and in which a written test-based assessment may not capture some important elements of classroom learning, school districts may use assessments that measure student skills gains. For example, a school district might review student portfolios after establishing criteria to measure Improved Student Achievement and standardizing a review process.

(III) A school district may measure Improved Student Achievement using school-wide, standardized annual assessment data for instructional personnel assigned responsibility for an entire school instead of some subset of students.

(IV) The Department will provide technical assistance as requested by school districts to aid its submission, review, or approval of an instructional personnel assessment system, or development of criteria for evaluating professional performance. The Department shall make available a model method to assist the effort of school districts to adopt an equitable and valid model for measuring Improved Student Achievement. In addition, the Department annually will make available to districts a percentile-based ranking of instructors for state-assessed subjects and grades by use of a model method constructed annually from input scores of students statewide.

4.3. Copies of assessment data collection procedures, instruments, and forms.

5. A statement of how the system or assessment data is used and weighted for instructional personnel contract decisions and as the basis for awarding any performance-based compensation, such as under Section 1012.22(1)(c), Florida Statutes, and the Special Teachers are Rewarded program, Ch. 2006-26, s. 3, Laws of Florida.

6. An Education Competence Demonstration System pursuant to Section 1012.56(7), Florida Statutes, based primarily on the Educator Accomplished Practices to allow beginning teachers to meet certification requirements.

(2) Initial Review Process. Upon submission, tThe Department of Education shall review and evaluate the performance assessment systems for compliance with the requirements and conditions of Sections 1012.34 and 1012.22 231.29, Florida Statutes, and this rule. The Department shall prepare and send to each school district a written notice that identifies any specific deficiencies of the proposed system. Upon request from a school district, the Department shall provide assistance to the district for the purpose of making bringing the system into compliantce as quickly as possible.

(3) Approval Process. The Department of Education shall send written notification to the school district superintendent of the status of the school district’s instructional personnel assessment system. The status designation shall be as follows:

(a) Approved. An instructional personnel assessment system shall be designated approved if all requirements and conditions of for instructional personnel assessment systems pursuant to Sections 1012.34 and 1012.22 231.29, Florida Statutes, and the provisions of this rule are met.

(b) Conditionally Approved Pending. Final approval consideration of aAn submitted instructional personnel assessment system that fails to satisfy one or more of the requirements or conditions for instructional personnel assessment systems pursuant to Section 1012.34, Florida Statutes, and this rule may be delayed pending revision of deficiencies noted by the Department in writing. The period for redressing deficiencies will be specified by the Department not to exceed 90 days shall be designated condition ally approved if the school district’s assessment system fails to satisfy one or more of the requirements and conditions for instructional personnel assessment systems pursuant to Section 231.29, Florida Statutes, and the provisions of this rule. Upon revision, tThe school district’s shall  resubmit the proposed system to the Department for consideration of whether a system designated as conditionally approved shall be revised so that it is in full compliance with all requirements and conditions have been met for instructional personnel assessment systems pursuant to Section 1012.34 231.29, Florida Statutes, and the provisions of this rule. within the time period specified by the Department, and resubmitted to the Department for review and approval.

(c) Disapproved. A school district’s system designated as conditionally approved shall be designated as disapproved if the requirements and conditions for instructional personnel assessment systems pursuant to Section 1012.34 231.29, Florida Statutes, and the provisions of this rule are not met within the time period specified by the Department in the written notice of the submitted system’s pending granting the conditionally approved status of the system.

(4) Modifications to an Instructional Personnel Assessment System. If a school board makes substantive modifies cations to an approved school district instructional personnel assessment system, the modified system shall be submitted to the Department of Education for review and approval pursuant to this rule.

Specific Authority 1001.02, 1012.34 229.053, 231.29 FS. Law Implemented 1012.22(1)(c), 1012.34 230.23(5)(c), 231.29 FS., Ch. 2006-26, s. 3, Laws of Florida. History–New 6-19-01, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Pamela Stewart, Deputy Chancellor, K-12 Educator Quality, 325 West Gaines Street, Room 514, Tallahassee, Florida 32399
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Cheri Yecke, Chancellor, K-12 Public Schools, 325 West Gaines Street, Tallahassee, Florida 32399
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 23, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 9, 2006 and December 15, 2006