PROPOSED RULES
PUBLIC INSTRUCTION
Original Notice.
Preproposal statement of inquiry was filed as WSR 12-17-117.
Title of Rule and Other Identifying Information: Chapter 392-191 WAC, School personnel -- Evaluation of the professional performance capabilities.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Old Capitol Building, 600 Washington S.E., Billings Room, 3rd Floor, Olympia, WA 98504-7200, on December 11, 2012, at 9:30 a.m.
Date of Intended Adoption: December 11, 2012.
Submit Written Comments to: Michaela Miller, Old Capitol Building, 600 Washington S.E., Olympia, WA 98504-7200, e-mail Michaela.miller@k12.wa.us, fax (360) 753-1953, by December 10, 2012.
Assistance for Persons with Disabilities: Contact Wanda Griffin by December 5, 2012, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed changes:
(a) Definitions.
(b) Evaluation requirements.
(c) Minimum evaluation criteria-certificated classroom teachers and principals.
(d) Frequency, conduct and outcomes of a comprehensive and focused evaluation-certificated classroom teachers and principals.
(e) Conduct of student growth inquiry-certificated classroom teachers and principals.
(f) Summative performance rating descriptors-certificated classroom teachers and principals.
Reasons Supporting Proposal: RCW 28A.405.100 requires OSPI to amend rules "from time to time" regarding the criteria for evaluation of educators. The statute additionally requires OSPI to create specific rules regarding the new evaluation systems for both certificated classroom teachers and principals. Specifically, these rules must include the summative descriptors and the summative methodology for the comprehensive and focused evaluation systems.
Statutory Authority for Adoption: RCW 28A.405.100.
Statute Being Implemented: RCW 28A.405.100.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: OSPI, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Michaela Miller, Old Capitol Building, 600 Washington S.E., Olympia, WA 98504-7200, (360) 725-6116; and Enforcement: Alan Burke, Old Capitol Building, 600 Washington S.E., Olympia, WA 98504-7200, (360) 725-6343.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
November 6, 2012
Randy Dorn
State Superintendent
of Public Instruction
OTS-5080.4
SCHOOL PERSONNEL -- EVALUATION OF THE PROFESSIONAL PERFORMANCE CAPABILITIES
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"Certificated classroom teacher" means a certificated employee who provides instruction to students and holds one or more of the certificates pursuant to WAC 181-79A-140 (1) through (3) and (6)(a) through (e) and (g).
"Certificated principal" and "assistant principals" means a person who is employed to supervise the operation and management of a school as provided by RCW 28A.400.100 and holds certificates pursuant to WAC 181-79A-140 (4)(a) or (6)(h).
"Certificated support personnel" means a certificated employee who provides services to students and holds one or more of the educational staff associate certificates pursuant to WAC 181-79A-140(5).
"Evaluation" shall mean the ongoing process of identifying, gathering and using information to improve professional performance, assess total job effectiveness, and make personnel decisions.
"Evaluation criteria" means minimum evaluation criteria for classroom teachers specified in WAC 392-191-006, the minimum evaluation criteria for principals specified in WAC 392-191-014 and the minimum evaluation criteria for certificated support personnel specified in WAC 392-191-020.
"Evidence" means observed practice, products or results of a certificated classroom teacher or certificated principal's work that demonstrates knowledge and skills of the educator with respect to the four-level rating system.
"Four-level rating system" means the continuum of performance that indicates the extent to which the criteria have been met or exceeded.
"Instructional framework" means one of the approved instructional frameworks adopted by the superintendent of public instruction to support the new evaluation system pursuant to RCW 28A.405.100.
"Leadership framework" means one of the approved leadership frameworks adopted by the superintendent of public instruction to support the new evaluation system pursuant to RCW 28A.405.100.
"Observe" or "observation" means the gathering of evidence made through classroom or worksite visits for the purpose of examining evidence over time against the instructional or leadership framework rubrics pursuant to this section.
"Rubrics" or "rubric row" means the descriptions of practice used to capture evidence and classify teaching or leadership performance using the evaluation criteria and the four-level rating system.
"Scoring band" means the adopted range of scores used to determine the final summative score for a certificated classroom teacher or principal.
"Student growth" means the change in student achievement between two points in time.
"Student growth data" means relevant and available multiple measures using classroom-based, school-based, district-based, and state-based tools.
"Summative performance ratings" means the four performance levels applied using the four-level rating system: Level 1 - Unsatisfactory; Level 2 - Basic; Level 3 - Proficient; Level 4 - Distinguished.
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(1) Evaluation criteria meeting the minimum standards specified in WAC 392-191-010 and 392-191-020;
(2) Evaluation procedures meeting the minimum standards specified in this chapter;
(3) Evaluation criteria and procedures as specified in RCW 28A.405.100.
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(1) To acknowledge the critical importance of teacher and leadership quality and support professional learning as the underpinning of the new evaluation system.
(2) To identify, in consultation with classroom teachers, principals, and assistant principals, particular areas in which the professional performance is distinguished, proficient, basic or unsatisfactory, and particular areas in which the classroom teacher, principal, or assistant principal needs to improve his or her performance.
(3) To assist classroom teachers and certificated principals and assistant principals, who have identified areas needing improvement, in making those improvements.
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(1) Centering instruction on high expectations for student achievement. The related descriptor is: Expectations; the teacher communicates high expectations for student learning.
(2) Demonstrating effective teaching practices. The related descriptor is: Instruction; the teacher uses research-based instructional practices to meet the needs of all students.
(3) Recognizing individual student learning needs and developing strategies to address those needs. The related descriptor is: Differentiation; the teacher acquires and uses specific knowledge about students' cultural, individual, intellectual and social development and uses that knowledge to adjust their practice by employing strategies that advance student learning.
(4) Providing clear and intentional focus on subject matter content and curriculum. The related descriptor is: Content knowledge; the teacher uses content area knowledge, learning standards, appropriate pedagogy and resources to design and deliver curricula and instruction to impact student learning.
(5) Fostering and managing a safe, positive learning environment. The related descriptor is: Learning environment; the teacher fosters and manages a safe and inclusive learning environment that takes into account: Physical, emotional, and intellectual well-being of students.
(6) Using multiple student data elements to modify instruction and improve student learning. The related descriptor is: Assessment; the teacher uses multiple data elements (both formative and summative) to plan, inform and adjust instruction, and evaluate student learning.
(7) Communicating and collaborating with parents and school community. The related descriptor is: Families and community; the teacher communicates and collaborates with students, families and all educational stakeholders in an ethical and professional manner to promote student learning.
(8) Exhibiting collaborative and collegial practices focused on improving instructional practice and student learning. The related descriptor is: Professional practice; the teacher participates collaboratively in the educational community to improve instruction, advance the knowledge and practice of teaching as a profession, and ultimately impact student learning.
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(2) Districts must observe new employees at least once for a total observation time of thirty minutes during the first ninety calendar days of the new employee's employment period.
(3) Districts must observe employees in the third year of provisional status at least three times in the performance of the employee. The total observation time for the school year must not be less than ninety minutes for such employees.
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(1) All eight teaching criteria must contribute to the overall summative evaluation and must be completed at least once every four years.
(2) The evaluation must include an assessment of the criteria using the instructional 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) The principal or his/her designee at the school to which the certificated employee is assigned must make observations and written comments pursuant to RCW 28A.405.100.
(4) The opportunity for the employee to attach written comments to his/her evaluation report.
(5) Summative criterion scores, including instructional and student growth rubrics, must be determined by an analysis of evidence.
(6) An overall summative score shall be derived by a calculation of all summative criterion scores and determining the final four-level rating based on the superintendent of public instruction's determined summative evaluation scoring band.
(7) Upon completion of the overall summative scoring process, the evaluator will combine only the student growth rubric scores to assess the certificated classroom teacher's student growth impact rating.
(8) The student growth impact rating will be determined by the superintendent of public instruction's student impact rating scoring band.
(9) A student growth score of "1" in any of the rubric rows will result in an overall low student growth impact rating.
(10) Evaluators must analyze the student growth score in light of the overall summative score and determine outcomes.
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(1) Certificated classroom teachers with preliminary rating of distinguished with low student growth rating will receive an overall proficient rating.
(2) Certificated classroom teachers with low student growth rating will engage, with their evaluator, in a student growth inquiry pursuant to WAC 392-191-010.
(3) Certificated classroom teachers with a preliminary rating of distinguished with average or high student growth rating will receive an overall distinguished rating and will be formally recognized and/or rewarded.
(4) The evaluations of certificated classroom teachers with a preliminary rating of unsatisfactory and high student growth rating will be reviewed by the evaluator's supervisor.
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• Examine student growth data in conjunction with other evidence including observation, artifacts and other student and teacher information based on appropriate classroom, school, district and state-based tools and practices;
• Examine extenuating circumstances which may include one or more of the following: Goal setting process; content and expectations; student attendance; extent to which standards, curriculum and assessment are aligned;
• Schedule monthly conferences focused on improving student growth to include one or more of the following topics: Student growth goal revisions, refinement, and progress; best practices related to instruction areas in need of attention; best practices related to student growth data collection and interpretation;
• Create and implement a professional development plan to address student growth areas.
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(1) One of the eight criterion for certificated classroom teachers must be assessed in every year that a comprehensive evaluation is not required.
(2) The selected criterion must be approved by the teacher'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 instructional 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 of the selected criterion. If criterion 3, 6 or 8 are selected, evaluators will use those student growth rubrics. If criterion 1, 2, 4, 5, or 7 is selected, evaluators will use criterion 6 student growth rubrics.
(5) A summative score is determined through the scoring of the instructional and student growth rubrics for the criterion selected.
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(1) Following each observation, or series of observations, the principal or his/her designee must:
(a) Promptly document the results of the observation in writing; and
(b) Provide the employee with a copy of the written observation report within three days after such report is prepared.
(2) Each classroom teacher will have the opportunity for a minimum of two confidential conferences during each school year with his/her principal or principal's designee either:
(a) Following receipt of the written evaluation results; or
(b) At a time mutually satisfactory to the participants.
(3) The purpose of each such conference will be to provide additional evidence by either the evaluator or certificated classroom teacher to aid in the assessment of the certificated classroom teacher's professional performance against the instructional framework rubrics.
(4) If other evaluators are used, additional procedures may be adopted pursuant to local policy.
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(2) Basic: Professional practice at Level 2 shows a developing understanding of the knowledge and skills of the criteria required to practice, but performance is inconsistent over a period of time due to lack of experience, expertise, and/or commitment. This level may be considered minimally competent for teachers or principals early in their careers but insufficient for more experienced teachers or principals. This level requires specific support.
(3) Proficient: Professional practice at Level 3 shows evidence of thorough knowledge of all aspects of the profession. This is successful, accomplished, professional, and effective practice. Teaching and leading at this level utilizes a broad repertoire of strategies and activities to support student learning. At this level, teaching and leading a school is strengthened and expanded through purposeful, collaborative sharing and learning with colleagues as well as ongoing self-reflection and professional improvement.
(4) Distinguished: Professional practice at Level 4 is that of a master professional whose practices operate at a qualitatively different level from those of other professional peers. To achieve this rating, a teacher or principal would need to have received a majority of distinguished ratings on the criterion scores. A teacher or principal at this level must show evidence of average to high impact on student growth. Ongoing, reflective teaching and leading is demonstrated through the highest level of expertise and commitment to all students' learning, challenging professional growth, and collaborative practice.
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(1) Creating a school culture that promotes the ongoing improvement of learning and teaching for students and staff. The related descriptor is: An effective leader advocates, nurtures, and sustains a school culture and instructional program that promote student learning and staff professional growth.
(2) Demonstrating commitment to closing the achievement gap. The related descriptor is: Effective leaders who have a commitment to closing identified gaps in achievement between groups of students, monitor subgroup data and develop and encourage strategies to eliminate those gaps.
(3) Providing for school safety. The related descriptor is: An effective leader teams with the school's community to develop routines and expectations that create a physically and emotionally safe learning environment.
(4) Leading the development, implementation and evaluation of a data-driven plan for increasing student achievement, including the use of multiple student data elements. The related descriptor is: Effective leaders rely on data to promote improvement through school improvement plans in all aspects of the school and across all of the eight principal evaluation criteria.
(5) Assisting instructional staff with alignment of curriculum, instruction, and assessment with state and local district learning goals. The related descriptor is: An effective leader assumes responsibility to assist staff with the alignment of their teaching and classroom assessments with the state's learning goals and the district's curriculum.
(6) Monitoring, assisting, and evaluating effective instruction and assessment practices. The related descriptor is: An effective leader monitors teaching and uses the evaluation process and other strategies to support teachers' efforts to strengthen their teaching and learning in classrooms.
(7) Managing both staff and fiscal resources to support student achievement and legal responsibilities. The related descriptor is: An effective leader manages human and fiscal resources in ways that enhance the likelihood that students will thrive and succeed in achieving the school's goals for them.
(8) Partnering with the school community to promote student learning. The related descriptor is: An effective leader engages families and the community in ways that increase the success of students.
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(1) All eight principal criteria must contribute to the overall summative evaluation.
(2) The evaluation cycle 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) Summative 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 criterion 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.
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(1) Certificated principals and assistant principals with preliminary rating of distinguished with low student growth rating will receive an overall proficient rating.
(2) Certificated principals and assistant principals with low student growth rating will engage, with their evaluator, in a student growth inquiry focusing on the specific areas of weak student impact.
(3) Certificated principals and assistant principals with preliminary rating of distinguished with average or high student growth rating: These educators will receive an overall distinguished rating and will be formally recognized and/or rewarded.
(4) The evaluations of certificated principals and assistant principals with preliminary rating of unsatisfactory and high student growth rating will be reviewed by the evaluator's supervisor.
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• Examine student growth data in conjunction with other evidence including observation, artifacts and other student and teacher information based on appropriate classroom, school, district and state-based tools and practices;
• Examine extenuating circumstances which may include one or more of the following: Goal setting process; content and expectations; attendance; extent to which standards, curriculum and assessment are aligned;
• Schedule monthly conferences focused on improving student growth to include one or more of the following topics: Student growth goal revisions, refinement, and progress; best practices related to instruction areas in need of attention; best practices related to student growth data collection and interpretation;
• Create and implement a professional development plan to address student growth areas.
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(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.
(5) A summative score is determined through the scoring of the leadership and student growth rubrics for the criterion selected.
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(2) Basic: Professional practice at Level 2 shows a developing understanding of the knowledge and skills of the criteria required to practice, but performance is inconsistent over a period of time due to lack of experience, expertise, and/or commitment. This level may be considered minimally competent for teachers or principals early in their careers but insufficient for more experienced teachers or principals. This level requires specific support.
(3) Proficient: Professional practice at Level 3 shows evidence of thorough knowledge of all aspects of the profession. This is successful, accomplished, professional, and effective practice. Teaching and leading at this level utilizes a broad repertoire of strategies and activities to support student learning. At this level, teaching and leading a school is strengthened and expanded through purposeful, collaborative sharing and learning with colleagues as well as ongoing self-reflection and professional improvement.
(4) Distinguished: Professional practice at Level 4 is that of a master professional whose practices operate at a qualitatively different level from those of other professional peers. To achieve this rating, a teacher or principal would need to have received a majority of distinguished ratings on the criterion scores. A teacher or principal at this level must show evidence of average to high impact on student growth. Ongoing, reflective teaching and leading is demonstrated through the highest level of expertise and commitment to all students' learning, challenging professional growth, and collaborative practice.
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(1) Knowledge and scholarship in special field. Each certificated support person demonstrates a depth and breadth of knowledge of theory and content in the special field. He/she demonstrates an understanding of and knowledge about common school education and the educational milieu grades K-12, and demonstrates the ability to integrate the area of specialty into the total school milieu.
(2) Specialized skills. Each certificated support person demonstrates in his/her performance a competent level of skill and knowledge in designing and conducting specialized programs of prevention, instruction, remediation and evaluation.
(3) Management of special and technical environment. Each certificated support person demonstrates an acceptable level of performance in managing and organizing the special materials, equipment and environment essential to the specialized programs.
(4) The support person as a professional. Each certificated support person demonstrates awareness of his/her limitations and strengths and demonstrates continued professional growth.
(5) Involvement in assisting pupils, parents, and educational personnel. Each certificated support person demonstrates an acceptable level of performance in offering specialized assistance in identifying those needing specialized programs.
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(1) All certificated support personnel shall be observed for the purposes of evaluation at least twice in the performance of their assigned duties.
(2) At least one observation shall be a minimum of thirty minutes.
(3) New employees shall be observed at least once for a total observation time of thirty minutes during the first ninety calendar days of their employment period.
(4) An employee in the third year of provisional status shall be observed at least three times in the performance of his or her duties and the total observation time for the school year shall not be less than ninety minutes.
(5) Total observation time for each employee for each school year shall be not less than sixty minutes: Provided, that after an employee has four years of satisfactory evaluations, a school district may use a short form evaluation pursuant to RCW 28A.405.100(11).
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(1) The procedures stipulated in RCW 28A.405.100 shall be used by principals or their designees conducting evaluations of certificated support personnel.
(2) Following each observation, or series of observations, the principal or his/her designee shall promptly document the results of the observation in writing, and shall provide the employee with a copy thereof within three days after such report is prepared.
(3) Each certificated support personnel shall have the opportunity for a minimum of two confidential conferences during each school year with his/her principal or principal's designee either following receipt of the written observation results, or at a time mutually satisfactory to the participants. The sole purpose of each such conference shall be to provide additional information to aid the principal or his or her designee in evaluating the certificated support person (e.g., providing direction, assistance, guidance, encouragement to the employee).
(4) If other evaluators are used, additional procedures may be adopted pursuant to local policy.
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(1) To acknowledge, recognize, and encourage excellence in professional performance.
(2) To document the level of performance by an employee of his/her assigned duties.
(3) To identify discrete areas according to the criteria included on the evaluation instrument in which the employee may need improvement.
(4) To document performance by an employee judged unsatisfactory based on the district evaluation criteria.
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