To update the requirements for district school instructional personnel evaluation systems to align with Rule 6A-5.065, F.A.C., Florida Educator Accomplished Practices (FEAP), and with legislative changes resulting from House ....

 

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 requirements for district school instructional personnel evaluation systems to align with Rule 6A-5.065, F.A.C., Florida Educator Accomplished Practices (FEAP), and with legislative changes resulting from House Bill (HB) 1537 (Ch. 2023-39, Laws of Florida). Revisions to the FEAP were adopted by the State Board of Education in July 2023. The rule also incorporates changes from the 2022 legislative session (Senate Bill 2524, Ch. 2022-154, 861, Laws of Florida) acknowledging evaluation procedures are not subject to mandatory collective bargaining.

SUMMARY: The rule will be updated to align with Rule 6A-5.065, F.A.C., Florida Educator Accomplished Practices. The FEAP were updated by the State Board of Education in July 2023. School district instructional personnel evaluation systems are required to be aligned with these standards per section 1012.34, F.S.

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: The proposed rule is not expected to have any adverse impact on economic growth or business competitiveness, or increase regulatory costs or any other factor set forth in s. 120.541(2), F.S., and will not require legislative ratification. This is based upon the nature of the proposed rule, which updates language to reflect the revised standards for effective educators and to reiterate expectations outlined in statute.

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(1), (2)(n), 1012.34(8), 1012.98(9), F.S.

LAW IMPLEMENTED: 1012.34, 1012.98, F.S.

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

DATE AND TIME: October 18, 2023, 9:00 a.m.

PLACE: Caribe Royale Orlando, 8101 World Center Drive, Grand Sierra Ballroom D, Orlando, FL 32821.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ashley Harvey, Director, Educator Retention and Professional Learning, Bureau of Educator Recruitment, Development and Retention, [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) No change.

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

(a) through (b) No change.

(c) “Descriptors” means the role-based requirements of school administrators to demonstrate mastery of each of the Florida Educational Leadership Standards or the requirements of instructional personnel to demonstrate mastery of each of the Florida Educator Accomplished Practices.

(d) “Florida Educator Accomplished Practices” or “FEAP” means the six (6) practices, including the descriptors within, described in subsection 6A-5.065(2), F.A.C., which is hereby incorporated 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.

(e) “Florida Educational Leadership Standards” or “FELS” means the eight (8) practices, including all 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.

(f) through (o) No change.

(p) “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 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.

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

(a) through (b) No change.

(c) Evaluation Criteria.

1. through 4. No change.

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

a. For instructional personnel:

(I) Description of the step-by-step calculation for determining the summative rating; and,

(II) 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 respectively.

b. For school administrators:

(I) Description of the step-by-step calculation for determining the summative rating; and,

(II) Sample summative rating calculations to illustrate how an elementary principal and a high school assistant principal can earn a highly effective and an unsatisfactory summative performance rating respectively.

(d) Additional requirements.

1. For instructional personnel and school administrators:

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

b. No change.

c. Acknowledgment that the evaluation procedures established by the district school superintendent set the standards of service to be offered to the public within the meaning of Section 447.209, F.S., and are not subject to mandatory collective bargaining.

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

(I) through (VII) No change.

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

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

g. 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.

h. 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 (http://www.flrules.org/Gateway/reference.asp?No=Ref-09263). 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.

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

(I) through (IV) No change.

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

(VI) No change.

2. For instructional personnel:

a. No change.

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

c. through f. No change.

g. Acknowledgment that the instructional practice evaluation procedures and criteria under Section 1012.34, F.S., do not preclude a school administrator from visiting and observing classroom teachers throughout the school year for the purposes of providing mentorship, training, instructional feedback, or professional learning.

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

3. No change.

(e) No change.

(4) through (7) No change.

(8) Forms. The following forms are hereby incorporated by reference:

Instructional Evaluation System Template, Form IEST-2023 (November August 2023) and (http://www.flrules.org/Gateway/reference.asp?No=Ref-15731) and Administrative Evaluation System Template, Form AEST-2023 (May 2023) (https://www.flrules.org/gateway/reference.asp?No=Ref-15295). 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(98) FS. Law Implemented 1012.34, 1012.98 FS. History–New 6-19-01, Formerly 6B-4.010, Amended 9-9-15, 4-30-18, 5-23-23, 8-22-23,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ashley Harvey, Director, Educator Retention and Professional Learning, Bureau of Educator Recruitment, Development and Retention.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 18, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 22, 2023