The purpose and effect of this rule amendment is to establish uniform procedures and format for the submission, review and approval by the Department of Education of school district systems for personnel evaluation under Section 1012.34, Florida ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-5.030Instructional Personnel Assessment Systems

PURPOSE AND EFFECT: The purpose and effect of this rule amendment is to establish uniform procedures and format for the submission, review and approval by the Department of Education of school district systems for personnel evaluation under Section 1012.34, Florida Statutes, reporting requirements for the annual evaluation of instructional personnel and school administrators, as well as procedures and requirements for monitoring each district’s implementation of its evaluation system.

SUMMARY: The proposed rule is a revision to requirements for school district systems for instructional and school administrator personnel evaluations. Proposed changes include: definitions of terms used in the rule; establish uniform procedures and format for the submission, review and approval by the Department of Education; and establish procedures and requirements for monitoring each district’s implementation of its evaluation systems. Additionally, the proposed rule incorporates forms for district use in submitting administrative and instructional evaluation systems for approval.

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.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs.

In summary, the proposed rule will be implemented by the Department with existing staff. While a school district may incur costs when implementing evaluation systems, these costs are as a result of statutory and constitutional provisions, rather than the proposed rule. The proposed rule seeks to minimize the cost to school districts by the use of forms, clear delineation of requirements for approval and flexible implementation of those requirements. Further, both the Department and school districts were able to use grant funds from the Race to the Top grant to defray costs associated with implementing changes to their evaluation systems.

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), 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: July 23, 2015, 8:30 a.m.

PLACE: Tampa Airport Marriott, 4200 George J. Bean Parkway, Duval Conference Room, Tampa, Florida 33607

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Rule 6A-5.030 is substantially rewritten to read (see Florida Administrative Code for present text).

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

Pursuant to Section 1012.34, Florida Statutes, this rule provides criteria; implementing procedures; format for the submission, review and approval of district instructional personnel and school administrator evaluation systems; and reporting 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 s. 1012.34, F.S.

(1) Definitions.

(a) “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 s. 1008.22, F.S.,” are those courses listed in the publication, “Florida VAM Course List,” (effective             ), which is incorporated herein by reference (insert link). 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) “Educator Accomplished Practices” mean those six (6) practices, including the descriptors within, described in Rule 6A-5.065(2), F.A.C., which is incorporated herein by reference (insert link). 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) An “indicator” is a description of a specific behavior or strategy.

(e) “Newly hired by the district” means the first year in which classroom teachers are employed by the 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 district.

(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. District evaluation systems may provide that observations are contributed 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.

(g) “Performance standards” are the statements or cut points establishing how well individuals must perform 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 (insert link). 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.

(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.

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

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

(l) “Summative evaluation rating” means the combined rating of performance for an annual evaluation. 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.

(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 incorporated herein by reference. 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 s. 1012.34, 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 courses associated with statewide, standardized assessments under s. 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 courses not associated with 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 s. 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 s. 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 s. 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 s. 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 s. 1012.34(2)(e), F.S.

(f) Additional Requirements.

1. 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.

2. 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.

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

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

5. Description of the processes for how the district will address the improvement of those identified as less than effective as outlined in s. 1012.98(10), F.S.

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

7. 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 s. 1012.34(3)(a), F.S.

8. Documentation that the evaluation provides a mechanism for parents to provide input into evaluations and a description of the district’s criteria for use of such parental input. The district may designate specific circumstances where parental input is not appropriate, with written explanation in the approved district evaluation system. 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.

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

10. 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.

11. 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 s. 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 s. 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 s. 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;

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

(3) Submission Process.

(a) Districts shall submit an evaluation system for review and approval at any time when a new system is established or when an existing evaluation system is revised. 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 s. 1012.34(1)(b) and (8), F.S.

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

(c) The Instructional Evaluation System 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].

(4) Review and Approval Process.

(a) The Department shall review the documentation submitted by the district to determine whether the district has submitted a complete evaluation system with the required content pursuant to subsection (2) of this rule and format pursuant to subsection (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 provide each district a written 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 Department shall provide written notification of the 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 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.

2. Denied. A district evaluation system shall be denied if the district’s evaluation system does not meet the requirements of subsection (2) of this rule. A district may not implement a denied evaluation system.

(5) Implementation Monitoring.

(a) In addition to the procedures described in subsections (3) and (4), the Department shall monitor each district’s implementation of the evaluation systems pursuant to s. 1012.34(1)(b), F.S., at least once every five (5) years. 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.

(b) The Department shall notify each district at least sixty (60) days prior to the monitoring process described in paragraph (5)(a).

(c) Within thirty (30) days after receipt of the notification of monitoring, the district shall submit a report 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 district has made to its evaluation processes as a result of its own monitoring.

(d) Upon completion of monitoring, the Department shall provide the district with a report of the results of the monitoring, which includes the continued approval designation for the evaluation systems and any strengths and areas of noncompliance identified.

(6) The following forms are hereby incorporated by reference and made a part of this rule, effective _____ 2015. 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-2015 (insert link).

(b) Administrative Evaluation System Template, Form AEST-2015 (insert link).

Rulemaking Authority 229,053, 231.29, 1001.02(2)(n), 1012.34(8) 1012.98(8), FS. Law Implemented 230.23(5)(c), 231.29, 1012.22(1)(c), 1012.34, 1012.98, FS. History–New 6-19-0, Formerly 6B-4.010,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Brian Dassler, Deputy Chancellor, Educator Quality

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 22, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 3, 2015