SSB 5895 -
By Senators McAuliffe, Litzow, Ranker
ADOPTED 02/14/2012
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 28A.405.100 and 2010 c 235 s 202 are each amended to
read as follows:
(1)(a) Except as provided in subsection (2) of this section, the
superintendent of public instruction shall establish and may amend from
time to time minimum criteria for the evaluation of the professional
performance capabilities and development of certificated classroom
teachers and certificated support personnel. For classroom teachers
the criteria shall be developed in the following categories:
Instructional skill; classroom management, professional preparation and
scholarship; effort toward improvement when needed; the handling of
student discipline and attendant problems; and interest in teaching
pupils and knowledge of subject matter.
(b) Every board of directors shall, in accordance with procedure
provided in RCW 41.59.010 through 41.59.170, 41.59.910, and 41.59.920,
establish evaluative criteria and procedures for all certificated
classroom teachers and certificated support personnel. The evaluative
criteria must contain as a minimum the criteria established by the
superintendent of public instruction pursuant to this section and must
be prepared within six months following adoption of the superintendent
of public instruction's minimum criteria. The district must certify to
the superintendent of public instruction that evaluative criteria have
been so prepared by the district.
(2)(a) Pursuant to the implementation schedule established in
subsection (7)(((b))) (c) of this section, every board of directors
shall, in accordance with procedures provided in RCW 41.59.010 through
41.59.170, 41.59.910, and 41.59.920, establish revised evaluative
criteria and a four-level rating system for all certificated classroom
teachers.
(b) The minimum criteria shall include: (i) Centering instruction
on high expectations for student achievement; (ii) demonstrating
effective teaching practices; (iii) recognizing individual student
learning needs and developing strategies to address those needs; (iv)
providing clear and intentional focus on subject matter content and
curriculum; (v) fostering and managing a safe, positive learning
environment; (vi) using multiple student data elements to modify
instruction and improve student learning; (vii) communicating and
collaborating with parents and (([the])) the school community; and
(viii) exhibiting collaborative and collegial practices focused on
improving instructional practice and student learning. Student growth
data must be a substantial factor in evaluating the summative
performance of certificated classroom teachers for at least three of
the evaluation criteria listed in this subsection.
(c) The four-level rating system used to evaluate the certificated
classroom teacher must describe performance along a continuum that
indicates the extent to which the criteria have been met or exceeded.
((When)) The summative performance ratings shall be as follows: Level
1 - unsatisfactory; level 2 - basic; level 3 - proficient; and level 4
- distinguished. A classroom teacher shall receive one of the four
summative performance ratings for each of the minimum criteria in (b)
of this subsection and one of the four summative performance ratings
for the evaluation as a whole, which shall be the comprehensive
summative evaluation performance rating. By December 1, 2012, the
superintendent of public instruction must adopt rules prescribing a
common method for calculating the comprehensive summative evaluation
performance rating for each of the preferred instructional frameworks,
including for a focused evaluation under subsection (12) of this
section, giving appropriate weight to the indicators evaluated under
each criteria and maximizing rater agreement among the frameworks.
(d) By December 1, 2012, the superintendent of public instruction
shall adopt rules that provide descriptors for each of the summative
performance ratings, based on the development work of pilot school
districts under subsection (7) of this section. Any subsequent changes
to the descriptors by the superintendent may only be made following
consultation with a group broadly reflective of the parties represented
in subsection (7)(a) of this section.
(e) By September 1, 2012, the superintendent of public instruction
shall identify up to three preferred instructional frameworks that
support the revised evaluation system. The instructional frameworks
shall be research-based and establish definitions or rubrics for each
of the four summative performance ratings for each evaluation criteria.
Each school district must adopt one of the preferred instructional
frameworks and post the selection on the district's web site. The
superintendent of public instruction shall establish a process for
approving minor modifications or adaptations to a preferred
instructional framework that may be proposed by a school district.
(f) Student growth data((, if available and)) that is relevant to
the teacher and subject matter((, is referenced)) must be a factor in
the evaluation process ((it)) and must be based on multiple measures
that can include classroom-based, school-based, district-based, and
state-based tools. Student growth data elements may include the
teacher's performance as a member of a grade-level, subject matter, or
other instructional team within a school when the use of this data is
relevant and appropriate. Student growth data elements may also
include the teacher's performance as a member of the overall
instructional team of a school when use of this data is relevant and
appropriate. As used in this subsection, "student growth" means the
change in student achievement between two points in time.
(g) Student input may also be included in the evaluation process.
(3)(a) Except as provided in subsection (((10))) (11) of this
section, it shall be the responsibility of a principal or his or her
designee to evaluate all certificated personnel in his or her school.
During each school year all classroom teachers and certificated support
personnel shall be observed for the purposes of evaluation at least
twice in the performance of their assigned duties. Total observation
time for each employee for each school year shall be not less than
sixty minutes. An employee in the third year of provisional status as
defined in RCW 28A.405.220 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. Following each
observation, or series of observations, the principal or other
evaluator 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. 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.
(b) As used in this subsection and subsection (4) of this section,
"employees" means classroom teachers and certificated support personnel
except where otherwise specified.
(4)(a) At any time after October 15th, an employee whose work is
not judged satisfactory based on district evaluation criteria shall be
notified in writing of the specific areas of deficiencies along with a
reasonable program for improvement. For classroom teachers who have
been transitioned to the revised evaluation system pursuant to the
district implementation schedule adopted under subsection (7)(c) of
this section, the following comprehensive summative evaluation
performance ratings based on the evaluation criteria in subsection
(2)(b) of this section mean a classroom teacher's work is not judged
satisfactory:
(i) Level 1; or
(ii) Level 2 if the classroom teacher is a continuing contract
employee under RCW 28A.405.210 with more than five years of teaching
experience and if the level 2 comprehensive summative evaluation
performance rating has been received for two consecutive years or for
two years within a consecutive three-year time period.
(b) During the period of probation, the employee may not be
transferred from the supervision of the original evaluator.
Improvement of performance or probable cause for nonrenewal must occur
and be documented by the original evaluator before any consideration of
a request for transfer or reassignment as contemplated by either the
individual or the school district. A probationary period of sixty
school days shall be established. Days may be added if deemed
necessary to complete a program for improvement and evaluate the
probationer's performance, as long as the probationary period is
concluded before May 15th of the same school year. The probationary
period may be extended into the following school year if the
probationer has five or more years of teaching experience and has a
comprehensive summative evaluation performance rating as of May 15th of
less than level 2. The establishment of a probationary period does not
adversely affect the contract status of an employee within the meaning
of RCW 28A.405.300. The purpose of the probationary period is to give
the employee opportunity to demonstrate improvements in his or her
areas of deficiency. The establishment of the probationary period and
the giving of the notice to the employee of deficiency shall be by the
school district superintendent and need not be submitted to the board
of directors for approval. During the probationary period the
evaluator shall meet with the employee at least twice monthly to
supervise and make a written evaluation of the progress, if any, made
by the employee. The evaluator may authorize one additional
certificated employee to evaluate the probationer and to aid the
employee in improving his or her areas of deficiency((;)). Should the
evaluator not authorize such additional evaluator, the probationer may
request that an additional certificated employee evaluator become part
of the probationary process and this request must be implemented by
including an additional experienced evaluator assigned by the
educational service district in which the school district is located
and selected from a list of evaluation specialists compiled by the
educational service district. Such additional certificated employee
shall be immune from any civil liability that might otherwise be
incurred or imposed with regard to the good faith performance of such
evaluation. If a procedural error occurs in the implementation of a
program for improvement, the error does not invalidate the
probationer's plan for improvement or evaluation activities unless the
error materially affects the effectiveness of the plan or the ability
to evaluate the probationer's performance. The probationer ((may))
must be removed from probation if he or she has demonstrated
improvement to the satisfaction of the ((principal)) evaluator in those
areas specifically detailed in his or her initial notice of deficiency
and subsequently detailed in his or her ((improvement)) program for
improvement. A classroom teacher who has been transitioned to the
revised evaluation system pursuant to the district implementation
schedule adopted under subsection (7)(c) of this section must be
removed from probation if he or she has demonstrated improvement that
results in a new comprehensive summative evaluation performance rating
of level 2 or above for a provisional employee or a continuing contract
employee with five or fewer years of experience, or of level 3 or above
for a continuing contract employee with more than five years of
experience. Lack of necessary improvement during the established
probationary period, as specifically documented in writing with
notification to the probationer ((and shall)) constitutes grounds for
a finding of probable cause under RCW 28A.405.300 or 28A.405.210.
(((b))) (c) When a continuing contract employee with five or more
years of experience receives a comprehensive summative evaluation
performance rating below level 2 for two consecutive years, the school
district shall, within ten days of the completion of the second
summative comprehensive evaluation or May 15th, whichever occurs first,
implement the employee notification of discharge as provided in RCW
28A.405.300.
(d) Immediately following the completion of a probationary period
that does not produce performance changes detailed in the initial
notice of deficiencies and ((improvement)) program for improvement, the
employee may be removed from his or her assignment and placed into an
alternative assignment for the remainder of the school year. In the
case of a classroom teacher who has been transitioned to the revised
evaluation system pursuant to the district implementation schedule
adopted under subsection (7)(c) of this section, the teacher may be
removed from his or her assignment and placed into an alternative
assignment for the remainder of the school year immediately following
the completion of a probationary period that does not result in the
required comprehensive summative evaluation performance ratings
specified in (b) of this subsection. This reassignment may not
displace another employee nor may it adversely affect the probationary
employee's compensation or benefits for the remainder of the employee's
contract year. If such reassignment is not possible, the district may,
at its option, place the employee on paid leave for the balance of the
contract term.
(5) Every board of directors shall establish evaluative criteria
and procedures for all superintendents, principals, and other
administrators. It shall be the responsibility of the district
superintendent or his or her designee to evaluate all administrators.
Except as provided in subsection (6) of this section, such evaluation
shall be based on the administrative position job description. Such
criteria, when applicable, shall include at least the following
categories: Knowledge of, experience in, and training in recognizing
good professional performance, capabilities and development; school
administration and management; school finance; professional preparation
and scholarship; effort toward improvement when needed; interest in
pupils, employees, patrons and subjects taught in school; leadership;
and ability and performance of evaluation of school personnel.
(6)(a) Pursuant to the implementation schedule established by
subsection (7)(b) of this section, every board of directors shall
establish revised evaluative criteria and a four-level rating system
for principals.
(b) The minimum criteria shall include: (i) Creating a school
culture that promotes the ongoing improvement of learning and teaching
for students and staff; (ii) demonstrating commitment to closing the
achievement gap; (iii) providing for school safety; (iv) leading the
development, implementation, and evaluation of a data-driven plan for
increasing student achievement, including the use of multiple student
data elements; (v) assisting instructional staff with alignment of
curriculum, instruction, and assessment with state and local district
learning goals; (vi) monitoring, assisting, and evaluating effective
instruction and assessment practices; (vii) managing both staff and
fiscal resources to support student achievement and legal
responsibilities; and (viii) partnering with the school community to
promote student learning. Student growth data must be a substantial
factor in evaluating the summative performance of the principal for at
least three of the evaluation criteria listed in this subsection.
(c) The four-level rating system used to evaluate the principal
must describe performance along a continuum that indicates the extent
to which the criteria have been met or exceeded. ((When available,))
The summative performance ratings shall be as follows: Level 1 -unsatisfactory; level 2 - basic; level 3 - proficient; and level 4 -distinguished. A principal shall receive one of the four summative
performance ratings for each of the minimum criteria in (b) of this
subsection and one of the four summative performance ratings for the
evaluation as a whole, which shall be the comprehensive summative
evaluation performance rating.
(d) By December 1, 2012, the superintendent of public instruction
shall adopt rules that provide descriptors for each of the summative
performance ratings, based on the development work of pilot school
districts under subsection (7) of this section. Any subsequent changes
to the descriptors by the superintendent may only be made following
consultation with a group broadly reflective of the parties represented
in subsection (7)(a) of this section.
(e) By September 1, 2012, the superintendent of public instruction
shall identify up to three preferred leadership frameworks that support
the revised evaluation system. The leadership frameworks shall be
research-based and establish definitions or rubrics for each of the
four performance ratings for each evaluation criteria. Each school
district shall adopt one of the preferred leadership frameworks and
post the selection on the district's web site. The superintendent of
public instruction shall establish a process for approving minor
modifications or adaptations to a preferred leadership framework that
may be proposed by a school district.
(f) Student growth data that is ((referenced)) relevant to the
principal must be a factor in the evaluation process and must be based
on multiple measures that can include classroom-based, school-based,
district-based, and state-based tools. As used in this subsection,
"student growth" means the change in student achievement between two
points in time.
(g) Input from building staff may also be included in the
evaluation process.
(h) For principals who have been transitioned to the revised
evaluation system pursuant to the district implementation schedule
adopted under subsection (7)(c) of this section, the following
comprehensive summative evaluation performance ratings mean a
principal's work is not judged satisfactory:
(i) Level 1; or
(ii) Level 2 if the principal has more than five years of
experience in the principal role and if the level 2 comprehensive
summative evaluation performance rating has been received for two
consecutive years or for two years within a consecutive three-year time
period.
(7)(a) The superintendent of public instruction, in collaboration
with state associations representing teachers, principals,
administrators, school board members, and parents, to be known as the
steering committee, shall create models for implementing the evaluation
system criteria, student growth tools, professional development
programs, and evaluator training for certificated classroom teachers
and principals. Human resources specialists, professional development
experts, and assessment experts must also be consulted. Due to the
diversity of teaching assignments and the many developmental levels of
students, classroom teachers and principals must be prominently
represented in this work. The models must be available for use in the
2011-12 school year.
(b) A new certificated classroom teacher evaluation system that
implements the provisions of subsection (2) of this section and a new
principal evaluation system that implements the provisions of
subsection (6) of this section shall be phased-in beginning with the
2010-11 school year by districts identified in (((c))) (d) of this
subsection and implemented in all school districts beginning with the
2013-14 school year.
(c) Each school district board of directors shall adopt a schedule
for implementation of the revised evaluation systems that transitions
a portion of classroom teachers and principals in the district to the
revised evaluation systems each year beginning no later than the 2013-14 school year, until all classroom teachers and principals are being
evaluated under the revised evaluation systems no later than the 2015-16 school year. A school district is not precluded from completing the
transition of all classroom teachers and principals to the revised
evaluation systems before the 2015-16 school year. The schedule
adopted under this subsection (7)(c) must provide that the following
employees are transitioned to the revised evaluation systems beginning
in the 2013-14 school year:
(i) Classroom teachers who are provisional employees under RCW
28A.405.220;
(ii) Classroom teachers who are on probation under subsection (4)
of this section;
(iii) Principals in the first three consecutive school years of
employment as a principal;
(iv) Principals whose work is not judged satisfactory in their most
recent evaluation; and
(v) Principals previously employed as a principal by another school
district in the state of Washington for three or more consecutive
school years and in the first full year as a principal in the school
district.
(d) A set of school districts shall be selected by the
superintendent of public instruction to participate in a collaborative
process resulting in the development and piloting of new certificated
classroom teacher and principal evaluation systems during the 2010-11
and 2011-12 school years. These school districts must be selected
based on: (i) The agreement of the local associations representing
classroom teachers and principals to collaborate with the district in
this developmental work and (ii) the agreement to participate in the
full range of development and implementation activities, including:
Development of rubrics for the evaluation criteria and ratings in
subsections (2) and (6) of this section; identification of or
development of appropriate multiple measures of student growth in
subsections (2) and (6) of this section; development of appropriate
evaluation system forms; participation in professional development for
principals and classroom teachers regarding the content of the new
evaluation system; participation in evaluator training; and
participation in activities to evaluate the effectiveness of the new
systems and support programs. The school districts must submit to the
office of the superintendent of public instruction data that is used in
evaluations and all district-collected student achievement, aptitude,
and growth data regardless of whether the data is used in evaluations.
If the data is not available electronically, the district may submit it
in nonelectronic form. The superintendent of public instruction must
analyze the districts' use of student data in evaluations, including
examining the extent that student data is not used or is underutilized.
The superintendent of public instruction must also consult with
participating districts and stakeholders, recommend appropriate
changes, and address statewide implementation issues. The
superintendent of public instruction shall report evaluation system
implementation status, evaluation data, and recommendations to
appropriate committees of the legislature and governor by July 1, 2011,
and at the conclusion of the development phase by July 1, 2012. In the
July 1, 2011, report, the superintendent shall include recommendations
for whether a single statewide evaluation model should be adopted,
whether modified versions developed by school districts should be
subject to state approval, and what the criteria would be for
determining if a school district's evaluation model meets or exceeds a
statewide model. The report shall also identify challenges posed by
requiring a state approval process.
(e)(i) The steering committee in subsection (7)(a) of this section
and the pilot school districts in subsection (7)(d) of this section
shall continue to examine implementation issues and refine tools for
the new certificated classroom teacher evaluation system in subsection
(2) of this section and the new principal evaluation system in
subsection (6) of this section during the 2013-14 through 2015-16
implementation phase.
(ii) Particular attention shall be given to the following issues:
(A) Developing a report for the legislature and governor, due by
December 1, 2013, of best practices and recommendations regarding how
teacher and principal evaluations and other appropriate elements shall
inform school district human resource and personnel practices. The
legislature and governor are provided the opportunity to review the
report and recommendations during the 2014 legislative session;
(B) Taking the new teacher and principal evaluation systems to
scale and the use of best practices for statewide implementation;
(C) Providing guidance regarding the use of student growth data to
assure it is used responsibly and with integrity;
(D) Refining evaluation system management tools, professional
development programs, and evaluator training programs with an emphasis
on developing rater reliability;
(E) Reviewing emerging research regarding teacher and principal
evaluation systems and the development and implementation of evaluation
systems in other states;
(F) Reviewing the impact that variable demographic characteristics
of students and schools have on the objectivity, reliability, validity,
and availability of student growth data; and
(G) Developing recommendations regarding how teacher evaluations
could inform state policies regarding the criteria for a teacher to
obtain continuing contract status under RCW 28A.405.210. In developing
these recommendations the experiences of school districts and teachers
during the evaluation transition phase must be considered.
Recommendations must be reported by July 1, 2016, to the legislature
and the governor.
(iii) To support the tasks in (e)(ii) of this subsection, the
superintendent of public instruction may contract with an independent
research organization with expertise in educator evaluations and
knowledge of the revised evaluation systems being implemented under
this section.
(iv) The superintendent of public instruction shall monitor the
statewide implementation of revised teacher and principal evaluation
systems using data reported under RCW 28A.150.230 as well as periodic
input from focus groups of administrators, principals, and teachers.
(v) The superintendent of public instruction shall submit reports
detailing findings, emergent issues or trends, recommendations from the
steering committee, and pilot school districts, and other
recommendations, to enhance implementation and continuous improvement
of the revised evaluation systems to appropriate committees of the
legislature and the governor beginning July 1, 2013, and each July 1st
thereafter for each year of the school district implementation
transition period concluding with a report on December 1, 2016.
(8)(a) Beginning with the 2015-16 school year, evaluation results
for certificated classroom teachers and principals must be used as one
of multiple factors in making human resource and personnel decisions.
Human resource decisions include, but are not limited to: Staff
assignment, including the consideration of an agreement to an
assignment by an appropriate teacher, principal, and superintendent;
and reduction in force. Nothing in this section limits the ability to
collectively bargain how the multiple factors shall be used in making
human resource or personnel decisions, with the exception that
evaluation results must be a factor.
(b) The office of the superintendent of public instruction must
report to the legislature and the governor regarding the school
district implementation of the provisions of (a) of this subsection by
December 1, 2017.
(9) Each certificated classroom teacher and certificated support
personnel shall have the opportunity for confidential conferences with
his or her immediate supervisor on no less than two occasions in each
school year. Such confidential conference shall have as its sole
purpose the aiding of the administrator in his or her assessment of the
employee's professional performance.
(((9))) (10) The failure of any evaluator to evaluate or supervise
or cause the evaluation or supervision of certificated classroom
teachers and certificated support personnel or administrators in
accordance with this section, as now or hereafter amended, when it is
his or her specific assigned or delegated responsibility to do so,
shall be sufficient cause for the nonrenewal of any such evaluator's
contract under RCW 28A.405.210, or the discharge of such evaluator
under RCW 28A.405.300.
(((10))) (11) After a certificated classroom teacher or
certificated support personnel has four years of satisfactory
evaluations under subsection (1) of this section ((or has received one
of the two top ratings for four years under subsection (2) of this
section)), a school district may use a short form of evaluation, a
locally bargained evaluation emphasizing professional growth, an
evaluation under subsection (1) or (2) of this section, or any
combination thereof. The short form of evaluation shall include either
a thirty minute observation during the school year with a written
summary or a final annual written evaluation based on the criteria in
subsection (1) or (2) of this section and based on at least two
observation periods during the school year totaling at least sixty
minutes without a written summary of such observations being prepared.
A locally bargained short-form evaluation emphasizing professional
growth must provide that the professional growth activity conducted by
the certificated classroom teacher be specifically linked to one or
more of the certificated classroom teacher evaluation criteria.
However, the evaluation process set forth in subsection (1) or (2) of
this section shall be followed at least once every three years unless
this time is extended by a local school district under the bargaining
process set forth in chapter 41.59 RCW. The employee or evaluator may
require that the evaluation process set forth in subsection (1) or (2)
of this section be conducted in any given school year. No evaluation
other than the evaluation authorized under subsection (1) or (2) of
this section may be used as a basis for determining that an employee's
work is not satisfactory under subsection (1) or (2) of this section or
as probable cause for the nonrenewal of an employee's contract under
RCW 28A.405.210 unless an evaluation process developed under chapter
41.59 RCW determines otherwise. The provisions of this subsection
apply to certificated classroom teachers only until the teacher has
been transitioned to the revised evaluation system pursuant to the
district implementation schedule adopted under subsection (7)(c) of
this section.
(12) All certificated classroom teachers and principals who have
been transitioned to the revised evaluation systems pursuant to the
district implementation schedule adopted under subsection (7)(c) of
this section must receive annual performance evaluations as provided in
this subsection:
(a) All classroom teachers and principals shall receive a
comprehensive summative evaluation at least once every four years. A
comprehensive summative evaluation assesses all eight evaluation
criteria and all criteria contribute to the comprehensive summative
evaluation performance rating.
(b) The following categories of classroom teachers and principals
shall receive an annual comprehensive summative evaluation:
(i) Classroom teachers who are provisional employees under RCW
28A.405.220;
(ii) Principals in the first three consecutive school years of
employment as a principal;
(iii) Principals previously employed as a principal by another
school district in the state of Washington for three or more
consecutive school years and in the first full year as a principal in
the school district; and
(iv) Any classroom teacher or principal who received a
comprehensive summative evaluation performance rating of level 1 or
level 2 in the previous school year.
(c)(i) In the years when a comprehensive summative evaluation is
not required, classroom teachers and principals who received a
comprehensive summative evaluation performance rating of level 3 or
above in the previous school year are required to complete a focused
evaluation. A focused evaluation includes an assessment of one of the
eight criteria selected for a performance rating plus professional
growth activities specifically linked to the selected criteria.
(ii) The selected criteria must be approved by the teacher's or
principal's evaluator and may have been identified in a previous
comprehensive summative evaluation as benefiting from additional
attention. A group of teachers may focus on the same evaluation
criteria and share professional growth activities. A group of
principals may focus on the same evaluation criteria and share
professional growth activities.
(iii) The evaluator must assign a comprehensive summative
evaluation performance rating for the focused evaluation using the
methodology adopted by the superintendent of public instruction for the
instructional or leadership framework being used.
(iv) A teacher or principal may be transferred from a focused
evaluation to a comprehensive summative evaluation at the request of
the teacher or principal, or at the direction of the teacher's or
principal's evaluator.
(v) Due to the importance of instructional leadership and assuring
rater agreement among evaluators, particularly those evaluating teacher
performance, school districts are encouraged to conduct comprehensive
summative evaluations of principal performance on an annual basis.
(vi) A classroom teacher or principal may apply the focused
evaluation professional growth activities toward the professional
growth plan for professional certificate renewal as required by the
professional educator standards board.
(13) Each school district is encouraged to acknowledge and
recognize classroom teachers and principals who have attained level 4 -distinguished performance ratings.
Sec. 2 RCW 28A.405.120 and 1995 c 335 s 401 are each amended to
read as follows:
(1) School districts shall require each administrator, each
principal, or other supervisory personnel who has responsibility for
evaluating classroom teachers or principals to have training in
evaluation procedures.
(2) Before school district implementation of the revised evaluation
systems required under RCW 28A.405.100, principals and administrators
who have evaluation responsibilities must engage in professional
development designed to implement the revised systems and maximize
rater agreement.
Sec. 3 RCW 28A.405.130 and 1985 c 420 s 4 are each amended to
read as follows:
(1) No administrator, principal, or other supervisory personnel may
evaluate a teacher without having received training in evaluation
procedures.
(2) Before evaluating classroom teachers using the evaluation
systems required under RCW 28A.405.100, principals and administrators
must engage in professional development designed to implement the
revised systems and maximize rater agreement.
NEW SECTION. Sec. 4 A new section is added to chapter 28A.410
RCW to read as follows:
(1)(a) After August 31, 2013, candidates for a residency principal
certificate must have demonstrated knowledge of teacher evaluation
research and Washington's evaluation requirements and successfully
completed opportunities to practice teacher evaluation skills.
(b) At a minimum, principal preparation programs must address the
following knowledge and skills related to evaluations:
(i) Examination of Washington teacher and principal evaluation
criteria, and four-tiered performance rating system, and the preferred
instructional and leadership frameworks used to describe the evaluation
criteria;
(ii) Classroom observations;
(iii) The use of student growth data and multiple measures of
performance;
(iv) Evaluation conferencing;
(v) Development of classroom teacher and principal support plans
resulting from an evaluation; and
(vi) Use of an online tool to manage the collection of observation
notes, teacher and principal-submitted materials, and other information
related to the conduct of the evaluation.
(2) Beginning September 1, 2016, the professional educator
standards board shall incorporate in-service training or continuing
education on the revised teacher and principal evaluation systems under
RCW 28A.405.100 as a requirement for renewal of continuing or
professional level certificates, including requiring knowledge and
competencies in teacher and principal evaluation systems as an aspect
of professional growth plans used for certificate renewal.
NEW SECTION. Sec. 5 A new section is added to chapter 28A.405
RCW to read as follows:
(1) Subject to funds appropriated for this purpose, the office of
the superintendent of public instruction must develop and make
available a professional development program to support the
implementation of the evaluation systems required by RCW 28A.405.100.
The program components may be organized into professional development
modules for principals, administrators, and teachers. The professional
development program shall include a comprehensive online training
package.
(2) The training program must include, but not be limited to, the
following topics:
(a) Introduction of the evaluation criteria for teachers and
principals and the four-level rating system;
(b) Orientation to and use of instructional frameworks;
(c) Orientation to and use of the leadership frameworks;
(d) Best practices in developing and using data in the evaluation
systems, including multiple measures, student growth data, classroom
observations, and other measures and evidence;
(e) Strategies for achieving maximum rater agreement;
(f) Evaluator feedback protocols in the evaluation systems;
(g) Examples of high quality teaching and leadership; and
(h) Methods to link the evaluation process to ongoing educator
professional development.
(3) To the maximum extent feasible, the professional development
program must incorporate or adapt existing online training or
curriculum, including securing materials or curriculum under contract
or purchase agreements within available funds. Multiple modes of
instruction should be incorporated including videos of classroom
teaching, participatory exercises, and other engaging combinations of
online audio, video, and print presentation.
(4) The professional development program must be developed in
modules that allow:
(a) Access to material over a reasonable number of training
sessions;
(b) Delivery in person or online; and
(c) Use in a self-directed manner.
(5) The office of the superintendent of public instruction must
maintain a web site that includes the online professional development
materials along with sample evaluation forms and templates, links to
relevant research on evaluation and on high quality teaching and
leadership, samples of contract and collective bargaining language on
key topics, examples of multiple measures of teacher and principal
performance, suggestions for data to measure student growth, and other
tools that will assist school districts in implementing the revised
evaluation systems.
(6) The office of the superintendent of public instruction must
identify the number of in-service training hours associated with each
professional development module and develop a way for users to document
their completion of the training. Documented completion of the
training under this section is considered approved in-service training
for the purposes of RCW 28A.415.020.
(7) The office of the superintendent of public instruction shall
periodically update the modules to reflect new topics and research on
performance evaluation so that the training serves as an ongoing source
of continuing education and professional development.
(8) The office of the superintendent of public instruction shall
work with the educational service districts to provide clearinghouse
services for the identification and publication of professional
development opportunities for teachers and principals that align with
performance evaluation criteria.
Sec. 6 RCW 28A.415.023 and 2011 1st sp.s. c 18 s 6 are each
amended to read as follows:
(1) Credits earned by certificated instructional staff after
September 1, 1995, shall be eligible for application to the salary
schedule developed by the legislative evaluation and accountability
program committee only if the course content:
(a) Is consistent with a school-based plan for mastery of student
learning goals as referenced in RCW 28A.655.110, the annual school
performance report, for the school in which the individual is assigned;
(b) Pertains to the individual's current assignment or expected
assignment for the subsequent school year;
(c) Is necessary to obtain an endorsement as prescribed by the
Washington professional educator standards board;
(d) Is specifically required to obtain advanced levels of
certification;
(e) Is included in a college or university degree program that
pertains to the individual's current assignment, or potential future
assignment, as a certified instructional staff; ((or))
(f) Addresses research-based assessment and instructional
strategies for students with dyslexia, dysgraphia, and language
disabilities when addressing learning goal one under RCW 28A.150.210,
as applicable and appropriate for individual certificated instructional
staff; or
(g) Pertains to the revised teacher evaluation system under RCW
28A.405.100, including the professional development training provided
in section 5 of this act.
(2) For the purpose of this section, "credits" mean college quarter
hour credits and equivalent credits for approved in-service, approved
continuing education, or approved internship hours computed in
accordance with RCW 28A.415.020.
(3) The superintendent of public instruction shall adopt rules and
standards consistent with the limits established by this section for
certificated instructional staff.
(4) For the 2011-12 and 2012-13 school years, application of
credits or credit equivalents earned under this section after October
1, 2010, to the salary schedule developed by the legislative evaluation
and accountability program committee is subject to any conditions or
limitations contained in the omnibus operating appropriations act.
Sec. 7 RCW 28A.405.220 and 2010 c 235 s 203 are each amended to
read as follows:
(1) Notwithstanding the provisions of RCW 28A.405.210, every person
employed by a school district in a teaching or other nonsupervisory
certificated position shall be subject to nonrenewal of employment
contract as provided in this section during the first three years of
employment by such district, unless: (a) The employee has previously
completed at least two years of certificated employment in another
school district in the state of Washington, in which case the employee
shall be subject to nonrenewal of employment contract pursuant to this
section during the first year of employment with the new district; or
(b) the employee has received an evaluation rating below level 2 on the
four-level rating system established under RCW 28A.405.100 during the
third year of employment, in which case the employee shall remain
subject to the nonrenewal of the employment contract until the employee
receives a level 2 rating; or (c) the school district superintendent
may make a determination to remove an employee from provisional status
if the employee has received one of the top two evaluation ratings
during the second year of employment by the district. Employees as
defined in this section shall hereinafter be referred to as
"provisional employees."
(2) In the event the superintendent of the school district
determines that the employment contract of any provisional employee
should not be renewed by the district for the next ensuing term such
provisional employee shall be notified thereof in writing on or before
May 15th preceding the commencement of such school term, or if the
omnibus appropriations act has not passed the legislature by May 15th,
then notification shall be no later than June 15th, which notification
shall state the reason or reasons for such determination. Such notice
shall be served upon the provisional employee personally, or by
certified or registered mail, or by leaving a copy of the notice at the
place of his or her usual abode with some person of suitable age and
discretion then resident therein. The determination of the
superintendent shall be subject to the evaluation requirements of RCW
28A.405.100.
(3) Every such provisional employee so notified, at his or her
request made in writing and filed with the superintendent of the
district within ten days after receiving such notice, shall be given
the opportunity to meet informally with the superintendent for the
purpose of requesting the superintendent to reconsider his or her
decision. Such meeting shall be held no later than ten days following
the receipt of such request, and the provisional employee shall be
given written notice of the date, time and place of meeting at least
three days prior thereto. At such meeting the provisional employee
shall be given the opportunity to refute any facts upon which the
superintendent's determination was based and to make any argument in
support of his or her request for reconsideration.
(4) Within ten days following the meeting with the provisional
employee, the superintendent shall either reinstate the provisional
employee or shall submit to the school district board of directors for
consideration at its next regular meeting a written report recommending
that the employment contract of the provisional employee be nonrenewed
and stating the reason or reasons therefor. A copy of such report
shall be delivered to the provisional employee at least three days
prior to the scheduled meeting of the board of directors. In taking
action upon the recommendation of the superintendent, the board of
directors shall consider any written communication which the
provisional employee may file with the secretary of the board at any
time prior to that meeting.
(5) The board of directors shall notify the provisional employee in
writing of its final decision within ten days following the meeting at
which the superintendent's recommendation was considered. The decision
of the board of directors to nonrenew the contract of a provisional
employee shall be final and not subject to appeal.
(6) This section applies to any person employed by a school
district in a teaching or other nonsupervisory certificated position
after June 25, 1976. This section provides the exclusive means for
nonrenewing the employment contract of a provisional employee and no
other provision of law shall be applicable thereto, including, without
limitation, RCW 28A.405.210 and chapter 28A.645 RCW."
SSB 5895 -
By Senators McAuliffe, Litzow, Ranker
ADOPTED 02/14/2012
On page 1, line 1 of the title, after "employees;" strike the remainder of the title and insert "amending RCW 28A.405.100, 28A.405.120, 28A.405.130, 28A.415.023, and 28A.405.220; adding a new section to chapter 28A.410 RCW; and adding a new section to chapter 28A.405 RCW."