BILL REQ. #:  S-4566.1 

READ FIRST TIME 02/07/12.   

     AN ACT Relating to evaluating certificated employees; amending RCW 28A.405.100, 28A.405.120, and 28A.405.130; adding a new section to chapter 28A.405 RCW; and adding a new section to chapter 28A.410 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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))) (8)(b) 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.
     (c)(i) 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. The performance ratings are as follows: Level 1 - unsatisfactory; level 2 - basic; level 3 - proficient; level 4 - distinguished.
     (ii) By December 1, 2012, the superintendent of public instruction must adopt rules to provide the summative comprehensive evaluation descriptors for each of the four performance ratings that result from the process described in subsection (8) of this section. After December 1, 2012, any changes to the summative comprehensive evaluation descriptors made by the superintendent must be after consultation with a group broadly reflective of education stakeholders as provided in subsection (8)(a) of this section.
     (iii) Each school district must adopt an instructional framework that supports the evaluation system in subsection (8) of this section. The instructional framework establishes definitions, known as rubrics, for each of the four-tier performance ratings of each evaluation criteria. This framework must be posted on the district's web site.
     (iv) The certificated classroom teacher must receive one of the four performance ratings for each of the minimum criteria in (b) of this subsection. The certificated classroom teacher must also receive one of the four performance ratings for the evaluation as a whole. This rating shall be known as the summative comprehensive evaluation performance rating.
     (v) When student growth data, if available and relevant to the teacher and subject matter, is referenced in the evaluation process it 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.
     (3)(a) As used in this subsection (3), "employees" means classroom teachers and certificated support personnel.
     (b) Except as provided in subsections (((10))) (11) and (12) 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.))
     (4)(a) As used in this subsection (4) "employees" means certificated classroom support personnel.
     (b) 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. 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 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 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; 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. Should a procedural error occur in the implementation of a program for improvement, the error does not invalidate the probationer's plan for improvement or evaluation activities unless the procedural 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. 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) 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. 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)(a) As used in this subsection (5), "employees" means certificated classroom teachers.
     (b) Pursuant to the timeline in subsection (8)(b) of this section, the following summative comprehensive performance ratings mean the employee's work is not judged as satisfactory:
     (i) A summative comprehensive evaluation performance rating at level 1; or
     (ii) A summative comprehensive evaluation performance rating at level 2, acquired by continuing contract employees with more than five years of teaching experience, when the level 2 performance rating is received for two consecutive years or for two years within a three consecutive-year time period.
     (c) At any time after October 15th, an employee whose work is not judged satisfactory based on the evaluation criteria in subsection (2)(b) of this section shall be notified in writing of the specific areas of deficiencies along with a reasonable program for improvement. 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 necessary to complete a program for improvement and evaluate the probationer's performance, as long as the probationary period is concluded and a new summative comprehensive performance rating is in place before May 15th of the same school year. 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; the additional certificated employee is immune from any civil liability that might otherwise be incurred or imposed with regard to the good faith performance of the evaluation. Should a procedural error occur in the implementation of a program for improvement, the error does not invalidate the probationer's plan for improvement or evaluation activities unless the procedural error materially affects the effectiveness of the plan or the ability to evaluate the probationer's performance. The probationer must be removed from probation if (i) he or she has demonstrated improvement to the satisfaction of the evaluator in those areas specifically detailed in his or her initial notice of deficiency and subsequently detailed in his or her program for improvement and (ii) the probationer's new summative comprehensive performance rating is at one of the following levels: (A) Level 2 or above for a provisional employee; (B) level 2 or above for a continuing contract employee with five or fewer years of experience; or (C) 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, constitutes grounds for a finding of probable cause under RCW 28A.405.300 or 28A.405.210.
     (d) Immediately following the completion of a probationary period that does not produce both: (i) Performance changes detailed in the initial notice of deficiencies and program of improvement and (ii) the required summative comprehensive performance rating as provided in (c) of this subsection, the employee may be removed from his or her assignment and placed into an alternative assignment for the remainder of the school year. 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.
     (6) 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))) (7) 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))) (7)(a) Pursuant to the implementation schedule established by subsection (((7))) (8)(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.
     (c)(i) 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. The performance ratings are as follows: Level 1 - unsatisfactory; level 2 - basic; level 3 - proficient; level 4 - distinguished.
     (ii) By December 1, 2012, the superintendent of public instruction shall adopt rules to provide the summative comprehensive evaluation descriptors for each of the four performance ratings that result from the process described in subsection (8) of this section. After December 1, 2012, any changes to the summative comprehensive evaluation descriptors made by the superintendent must be after consultation with a group broadly reflective of education stakeholders as provided in subsection (8)(a) of this section.
     (iii) Each school district must adopt a leadership framework that supports the evaluation system in subsection (8) of this section. The leadership framework establishes definitions, known as rubrics, for each of the four-tier performance ratings of each evaluation criteria. This framework must be posted on the district's web site.
     (iv) The principal must receive one of the four performance ratings for each of the minimum criteria in (b) of this subsection. The principal must also receive one of the four performance ratings for the evaluation as a whole and this rating shall be known as the summative comprehensive evaluation performance rating.
     (v) When available, student growth data that is referenced in the evaluation process must be based on multiple measures that can include classroom-based, school-based, district-based, and state-based tools.
     (vi) As used in this subsection (7)(c), "student growth" means the change in student achievement between two points in time.
     (((7))) (d) Pursuant to the timeline of subsection (8)(b) of this section, the following summative comprehensive evaluation performance ratings mean the employee's work is not judged as satisfactory:
     (i) A summative comprehensive evaluation performance rating at level 1; or
     (ii) A summative comprehensive evaluation performance rating at level 2, acquired by a principal with five or more years of experience in the principal role, for two consecutive years or for two years within a three consecutive-year time period.
     (8)(a) The superintendent of public instruction, in collaboration with state associations representing teachers, principals, administrators, and parents, 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)(i) 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))) (7) of this section shall be phased-in beginning with the 2010-11 school year by districts identified in (c) of this subsection and implemented in all school districts beginning with the 2013-14 school year.
     (ii) To assist school districts in the required implementation of these new evaluation systems, an implementation transition plan must be developed and recommended to the superintendent of public instruction by December 1, 2012, by the group broadly reflective of education stakeholders described in (a) of this subsection. The plan must provide:
     (A) A transition period beginning with the 2015-16 school year and ending with the 2016-17 school year;
     (B) A requirement that school districts increase the number of classroom teachers and principals evaluated using new evaluation systems each year during the transition period; and
     (C) Other implementation components as recommended to the superintendent.
     (iii) The superintendent of public instruction shall adopt rules incorporating the plan recommendations in this subsection (8)(b).
     (c) 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))) (7) of this section; identification of or development of appropriate multiple measures of student growth in subsections (2) and (((6))) (7) 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.
     (((8))) (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)(a) The provisions of (b) of this subsection are in effect for certificated classroom teachers until the classroom teacher is included in the evaluation system as provided in subsection (8) of this section. The provisions of (b) of this subsection continue to apply to certificated support personnel after the 2012-13 school year.
     (b) 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.
     (12) As required by the evaluation systems implementation transition plan provided in subsection (8)(b) of this section, beginning with the 2013-14 school year, and continuing after completion of the transition plan, certificated classroom teachers and principals shall have annual performance evaluations conducted as provided in this subsection.
     (a) A comprehensive evaluation assesses all eight criteria and all criteria contribute to the rating. This evaluation is required once every four years for classroom teachers and principals with the following exceptions:
     (i) Classroom teachers with provisional status as defined by RCW 28A.405.220 shall have an annual comprehensive evaluation;
     (ii) Principals in the first three consecutive school years of employment as a principal shall have an annual comprehensive evaluation;
     (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 shall have an annual comprehensive evaluation;
     (iv) Classroom teachers on probationary status and subject to the provisions of subsection (5) of this section shall have a comprehensive evaluation;
     (v) Principals on probationary status shall have a comprehensive evaluation; and
     (vi) Certificated classroom teachers and principals with a comprehensive evaluation rating at level 2 the previous year shall have a summative comprehensive evaluation the subsequent year.
     (b) When a comprehensive evaluation is not required, a focused evaluation process may be completed. A focused evaluation process means assessing one of the eight evaluation criteria selected for a performance rating following professional growth activities specifically linked to the evaluation criteria.
     (i) Teachers and principals eligible for focused evaluation process are those with four years of summative comprehensive performance evaluation ratings at level 3 or above.
     (ii) The selected evaluation criteria must be approved by the teacher's or principal's evaluator. The selected evaluation criteria may have been identified in a previous comprehensive 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 teacher's or principal's evaluator must assign a performance level rating for the selected evaluation criteria and this rating, along with the previously assigned performance level ratings for the other seven criteria, create the summative comprehensive performance evaluation rating.
     (iv) A teacher or principal may be transferred from a focused evaluation process to a comprehensive evaluation by: (A) The teacher or principal requesting to receive a comprehensive evaluation; or (B) the teacher's or principal's evaluator requiring that a comprehensive evaluation be conducted.
     (v) A classroom teacher or principal may choose to apply the focused evaluation professional growth activities to the requirements for completion of a professional growth plan for professional certificate renewal as required by the rules of the professional educator standards board.
     (13) Each school district is encouraged to acknowledge and recognize classroom teachers and principals who have attained distinguished level evaluations.

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 and periodic opportunities to update and refine skills used in the evaluation process.
     (2) Before school district implementation of the evaluation systems required by RCW 28A.405.100(8), district principals and administrators must engage in professional development designed to implement the revised systems.

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 by RCW 28A.405.100(8), principals and administrators must engage in professional development designed to implement the revised systems.

NEW SECTION.  Sec. 4   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(8).
     (2) The program components may be organized into professional development strands for principals, administrators, and teachers and must include the following components:
     (a) Examination of Washington evaluation criteria, the four-tiered performance rating system, and common instructional and leadership frameworks used to describe the evaluation criteria;
     (b) Classroom observation;
     (c) The use of student growth data and multiple measures of performance;
     (d) Evaluation conferencing;
     (e) Development of classroom teacher and principal support plans resulting from an evaluation;
     (f) 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; and
     (g) Other components as recommended by the model development process in RCW 28A.405.100(8).
     (3) To the extent possible, professional development materials must be made available online and make use of appropriate, existing web-based tools and other web-based tools that may be developed.
     (4) The professional development materials described in this section shall be made available to teacher and principal preparation programs in the state.

NEW SECTION.  Sec. 5   A new section is added to chapter 28A.410 RCW to read as follows:
     (1) After August 31, 2013, successful completion of a residency principal preparation program must include:
     (a) Demonstrated knowledge of teacher evaluation research and Washington's evaluation requirements; and
     (b) Successfully completed opportunities to practice teacher evaluation skills.
     (2) At a minimum, principal preparation programs must include the following components related to conducting evaluations:
     (a) Examination of Washington teacher and principal evaluation criteria, the four-tiered performance rating system, and common instructional and leadership frameworks used to describe the evaluation criteria;
     (b) Classroom observations;
     (c) The use of student growth data and multiple measures of performance;
     (d) Evaluation conferencing;
     (e) 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; and
     (f) Development of classroom teacher support plans resulting from evaluations.