SENATE BILL REPORT

SB 6177

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of February 3, 2012

Title: An act relating to evaluating certificated employees.

Brief Description: Regarding certificated employee evaluations.

Sponsors: Senators McAuliffe, Ranker, Shin and Eide; by request of Governor Gregoire.

Brief History:

Committee Activity: Early Learning & K-12 Education: 1/23/12.

SENATE COMMITTEE ON EARLY LEARNING & K-12 EDUCATION

Staff: Ingrid Mungia (786-7423)

Background: Teacher and Principal Evaluation Systems. Certain aspects of performance evaluation for certificated school employees are specified in statute. Consequences such as probation or nonrenewal of contract are based on performance judged not satisfactory. Before 2010 one set of evaluation criteria was specified for teachers and other certificated instructional staff (CIS), and one set for administrators. Beyond the minimums provided in statute, the details of the process and criteria for evaluation are subjects of collective bargaining.

Legislation enacted in 2010 directed development of revised evaluation systems specifically for teachers and principals, including eight new evaluation criteria for teachers, eight criteria for principals, and a four-level rating system that uses a continuum of performance based on the extent the criteria have been met.

The revised evaluation systems have been implemented first in eight pilot school districts and a consortium of small rural school districts, beginning with a design phase in 2010-11 and trial implementation in 2011-12. The Office of the Superintendent of Public Instruction (OSPI), along with a steering committee of organizations representing teachers, principals, administrators, and parents, has been overseeing implementation of the Teacher Principal Evaluation Pilot (TPEP).

The pilot districts have been using research-based frameworks that describe the attributes and characteristics of teaching and leadership based on the evaluation criteria and based on levels of performance. OSPI was directed to recommend in a July 2011 report whether a single statewide evaluation model should be required. The preliminary recommendation was that districts should be encouraged to select from a limited number of state-approved models, with a state approval process for districts who wished to use a different system.

Revised teacher and principal evaluation systems must be implemented in all school districts beginning with the 2013-14 school year. State requirements for the evaluation of other CIS and other administrators have not changed.

Probation. For teachers and other CIS whose performance is judged not satisfactory, a probationary period of 60 school days must be established, along with a program for improvement in specific areas of deficiency. An employee may be removed from probation if that employee has demonstrated improvement to the satisfaction of the evaluator in the areas identified in the improvement program. Lack of improvement is grounds for a finding of probable cause for nonrenewal of contract.

Evaluation Periods. Evaluations of teachers and other CIS must be conducted annually. However, after a teacher or CIS has four years of satisfactory evaluations, the school district may use a short form of evaluation, a locally-bargained professional growth option, a regular evaluation, or some combination. A regular evaluation must be conducted at least once every three years unless the local bargaining agreement extends this time period. A teacher under the revised system will be eligible for a short form of evaluation after four years at one of the top two evaluation ratings.

Evaluation Training. School districts must require any supervisor with responsibility for evaluation to have training in evaluation procedures, and a supervisor may not evaluate a teacher without having received such training.

Provisional and Continuing Contract Status. Except for superintendents, all school district employees are hired on a one-year contract. Teachers and other CIS are considered provisional employees during the first three years of employment or during the first year in a new district if they have worked at least two years in another district. While there are some procedures and due process requirements for non-renewal of a provisional employee's contract, it is not necessary for the district to show probable cause as a justification. All other certificated staff, including administrators, are considered to have continuing contract status where probable cause must be shown for nonrenewal.

Teacher and Principal Certification. The Professional Educator Standards Board (PESB) has established two levels of certification: residency, which is achieved after completion of an approved preparation program; and professional, which is a second-tier certification achieved after three years of experience and a specified process of additional professional development. For renewal of professional certificates, instead of a certain number of hours of continuing education, PESB is moving toward requiring teachers and principals to establish individualized professional growth plans (PGPs) under which a variety of planned activities may occur that are intended to improve their knowledge and skills.

Summary of Bill: Teacher and Principal Evaluation Systems. The following labels are established for the four levels of the teacher and principal rating systems:

Each teacher and principal receives one of the four performance ratings for each of the eight evaluation criteria, and an overall rating for the entire evaluation. OSPI must adopt rules by December 1, 2012, establishing summative comprehensive evaluation descriptors for each level based on the work of the pilot districts. After December 1, 2012, any changes must follow consultation with a group similar to TPEP steering committee.

School districts are encouraged to recognize teachers and principals with Distinguished ratings.

School districts must adopt a leadership framework that supports the revised evaluation system. The framework must be posted on the district's web site.

OSPI must also adopt rules for a transition plan using the recommendations from TPEP steering committee by December 1, 2012.

The transition period begins in the 2013-14 school year and end in the 2016-17 school year. School districts must increase the number of teachers and principals evaluated with each transition year.

Probations. Additional days of probation may be added to the required 60 days for certificated classroom support personnel and teachers as long as the probationary period is concluded before May 15 of that year. If a procedural error occurs during probation, the error does not invalidate the program of improvement or evaluation unless they are materially affected.

For teachers and principals who have been transitioned to the new evaluation system, not satisfactory is defined, for purposes of probation, as:

To be removed from probation, a teacher must demonstrate improvement; and a teacher with provisional status, or continuing contract status but fewer than five years' experience, must achieve at least a Level 2 rating. Continuing contract teachers with more than five years' experience must achieve at least a Level 3 rating.

Evaluation Periods. Annual, comprehensive evaluations must be conducted for teachers and principals who have been transitioned to the new system. A comprehensive evaluation uses all eight criteria and occurs once every four years except when applied to the following:

Teachers and principals with four consecutive years of evaluations at a rating of Level 3 or above are eligible for an annual focused evaluation, which is based on one selected criteria for a performance rating following professional growth activities. The selected criteria must be approved by the evaluator and may have been identified in previous evaluations. The rating for a focused evaluation is calculated using the previous score from the other seven criteria and the new score from the focused criteria.

A group of teachers or a group of principals may focus on the same criteria and share professional growth activities. A teacher or principal may be transferred from a focused evaluation process to a comprehensive evaluation process because they have requested to receive a comprehensive evaluation or because the evaluator requires that a comprehensive evaluation be conducted. Professional growth activities under focused evaluations may be used to fulfill PGP requirements for professional certificate renewal.

Evaluation Training. Principals and administrators who are evaluators must engage in professional development to implement the revised evaluation system before evaluating teachers.

OSPI must develop a professional development program to support implementation of the revised evaluation systems. To the extent possible, materials must be made available online and use web-based tools, and they must be provided to teachers and principals preparation programs. Required components and topics of the program are specified.

Principal Certification. After August 31, 2013, to receive a residency certificate, candidates for principal must have demonstrated knowledge of teacher evaluation research and Washington's evaluation requirements, and they must have successfully completed opportunities to practice teacher evaluation skills. Components of the expected knowledge and skills are specified.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: Principals, teachers, and the community have created this evaluation process together. It is important to recognize that Washington State is not struggling to develop a high quality evaluation system, because we are building it from the ground up, rather than the top down. We need an evaluation system that is fair and reputable. This is an important piece of legislation. This bill takes work that has been done in the pilot districts and communicates the progress that has been done. The new system needs to be implemented in 2013-2014. What has become clear in this process is the importance of professional development. This bill puts forth items developed in the Teacher Principal Evaluation Pilots through the last year. Within the 2013-2014 implementation timeline, we need professional development to begin soon. The transition period in 2013-2014 is directed to be completed in three years. The Governor believes this timeline needs to happen within the next three years. This bill will help educators exit the profession with dignity. Our pilots have worked very hard. We are very concerned that so many evaluation bills have been proposed. The research and pilots are not done and need more time to gather information and see what is working. The probationary time period has always been 60 days, and then allows individuals to work out something different at a local level. We do not want principals to do a summative evaluation on all of their staff in the first year. We prefer doing a summative evaluation every four years. The phase-in approach for teachers is a better plan. We must first learn from the pilots and see how much time it takes a principal to phase-in an evaluation system. We believe training is essential and want assurance of funding for more implementation. We cannot rely on online learning. There needs to be face to face training, and that will need funding. We are committed to an evaluation pilot. If we have a struggling teacher, then we have a struggling classroom. Don’t underestimate the quality a teacher has on a child.

Persons Testifying: PRO: Senator McAuliffe, prime sponsor; Ramona Hattendorf, WA State PTA; Jonelle Adams, WA State School Districts Assn.; Jerry Bender, Assn. of WA School Principals; Lucinda Young, WA Education Assn.; Judy Hartmann, Governor's Policy Office.