[Filed November 9, 2022, 1:21 p.m.]

Preproposal statement of inquiry was filed as WSR 22-17-157.

Title of Rule and Other Identifying Information: WAC 392-191A-160 and 392-191A-190, concerning professional performance evaluations of certificated principals and assistant principals.

Hearing Location(s): On January 5, 2023, at 3:00 p.m., virtual public hearing via Zoom (call-in option also available). Participation link available on the office of the superintendent of public instruction (OSPI) rules web page k12.wa.us/policy-funding/ospi-rulemaking-activity. The hearing will be held as a virtual public hearing, without a physical meeting space. For participation questions, please email kristin.murphy@k12.wa.us.

Date of Intended Adoption: January 10, 2023.

Submit Written Comments to: Katie Taylor, Director of Educator Effectiveness, OSPI, P.O. Box 47200, Olympia, WA 98504, email katie.taylor@k12.wa.us, by January 5, 2023.

Assistance for Persons with Disabilities: Contact Kristin Murphy, OSPI rules coordinator, phone 360-725-6133, TTY 360-664-3631, email kristin.murphy@k12.wa.us, by December 29, 2022.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: OSPI is proposing to establish a timeline and defined process for professional performance evaluations of certificated principals and assistant principals. The proposal would require evaluations and summative conferences be conducted by the evaluator prior to June 1 of the school year of which the evaluation is made. The proposed timeline would apply to both focused and comprehensive evaluations for principals and assistant principals. The proposal is intended to ensure that principals and assistant principals receive timely feedback, as well as indications of their employment status.

Reasons Supporting Proposal: In collaboration with the teacher and principal evaluation program (TPEP) steering committee*, this proposal supports growth and development for all principals and assistant principals by requiring evaluations and summative conferences occur in a timely manner. Unlike teacher evaluations, whose evaluation timeline is established by collective bargaining agreements, principal and assistant principal evaluations might not be completed in a manner or on a timeline that allows a principal/assistant principal to improve their practice or to seek another position.

*The TPEP steering committee includes the following: Association of Washington School Principals, Washington Association of School Administrators, Washington Education Association, Washington State School Directors' Association, and Washington State Parent Teacher Association, as well as OSPI.

Statutory Authority for Adoption: RCW 28A.405.100.

Rule is not necessitated by federal law, federal or state court decision.

Agency comments or recommendations, if any, as to statutory language, implementation, enforcement, and fiscal matters: OSPI anticipates that the proposed changes could be effective beginning with the 2023-24 school year.

Name of Agency Personnel Responsible for Drafting and Implementation: Katie Taylor, OSPI, 600 South Washington Street, Olympia, WA; and Enforcement: OSPI, 600 South Washington Street, Olympia, WA.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(4).

Is exempt under RCW 19.85.030.

Explanation of exemptions: No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an impact on small business and therefore does not meet the requirements for a statement under RCW 19.85.030 (1) or (2).

Scope of exemption for rule proposal:

State Superintendent of Public Instruction

AMENDATORY SECTION(Amending WSR 16-17-028, filed 8/8/16, effective 8/31/16)

WAC 392-191A-160Minimum procedural standards—Conduct of the comprehensive evaluation for certificated principals and assistant principals.

The conduct of the evaluation of principals and assistant principals must include, at a minimum, the following:

(1) All eight principal criteria must contribute to the overall summative evaluation.

(2) The evaluation must include an assessment of the criteria using the leadership framework rubrics and the superintendent of public instruction's approved student growth rubrics. More than one measure of student growth data must be used in scoring the student growth rubrics.

(3) Criterion scores, including leadership and student growth rubrics, must be determined by an analysis of evidence.

(4) An overall summative score shall be derived by a calculation of all summative scores and determining the final four level rating based on the superintendent of public instruction's determined summative evaluation scoring band.

(5) Upon completion of the overall summative scoring process, the evaluator will combine only the student growth rubric scores to assess the certificated principal or assistant principal's student growth impact rating.

(6) The student growth impact rating will be determined by the superintendent of public instruction's student impact rating scoring band.

(7) A student growth score of "1" in any of the rubric rows will result in an overall low student growth impact rating.

(8) Principal and assistant principal evaluations, including a scheduled summative conference with their evaluators, must be held on or prior to June 1st of the school year for which the evaluation is being made.

AMENDATORY SECTION(Amending WSR 16-17-028, filed 8/8/16, effective 8/31/16)

WAC 392-191A-190Minimum procedural standards—Conduct of the focused evaluation for certificated principals and assistant principals.

The conduct of the evaluation of principals or assistant principals must include, at a minimum, the following:

(1) One of the eight criterion for certificated principals or assistant principals must be assessed in every year that a comprehensive evaluation is not required.

(2) The selected criterion must be approved by the principal's evaluator and may have been identified in a previous comprehensive summative evaluation as benefiting from additional attention.

(3) The evaluation must include an assessment of the criterion using the leadership framework rubrics and the superintendent of public instruction's approved student growth rubrics. More than one measure of student growth data must be used in scoring the student growth rubrics.

(4) The focused evaluation will include the student growth rubrics selected by the principal or assistant principal and approved by the principal's evaluator. If criterion 3, 5, or 8 is selected, evaluators will use those student growth rubrics. If criterion 1, 2, 4, 6, or 7 is selected, evaluators will use criterion 3, 5, or 8 student growth rubrics.

(5) A summative score is assigned using the summative score from the most recent comprehensive evaluation. This score becomes the focused summative evaluation score for any of the subsequent years following the comprehensive summative evaluation in which the certificated principal or assistant principal is placed on a focused evaluation. Should a principal or assistant principal provide evidence of exemplary practice on the chosen focused criterion, a level 4 (Distinguished) score may be awarded by the evaluator.

(6) Should an evaluator determine that a principal or assistant principal on a focused evaluation should be moved to a comprehensive evaluation for that school year, the principal or assistant principal must be informed of this decision in writing at any time on or before December 15th.

(7) Districts shall implement the changes described in subsections (5) and (6) in this section no later than the 2017-18 school year. A district has the option to implement beginning in either the 2016-17 or the 2017-18 school year.

(8) Principal and assistant principal evaluations, including a scheduled summative conference with their evaluators must be held on or prior to June 1st of the school year for which the evaluation is being made.