WSR 16-17-028 PERMANENT RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed August 8, 2016, 2:30 p.m., effective August 31, 2016] Effective Date of Rule: August 31, 2016.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: This permanent rule becomes effective on August 31, 2016, which is eight days before the effective date otherwise established by RCW 34.05.380(2). This earlier effective date is necessary because the 2016-17 school year begins on September 1, 2016, and failing to have the permanent rule in place by September 1 will imminently peril the welfare of public school students and personnel by disrupting the uniformity of the statewide teacher and principal evaluation system and creating uncertainty regarding the applicability of the law in the new school year.
Purpose:
Citation of Existing Rules Affected by this Order: Repealing WAC 392-191A-200; and amending WAC 392-191A-030, 392-191A-070, 392-191A-080, 392-191A-090, 392-191A-100, 392-191A-110, 392-191A-120, 392-191A-130, 392-191A-160, 392-191A-170, 392-191A-180, and 392-191A-190.
Statutory Authority for Adoption: RCW 28A.405.100.
Adopted under notice filed as WSR 16-12-092 on May 31, 2016.
Changes Other than Editing from Proposed to Adopted Version:
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 13, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 13, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: July 29, 2016.
Randy Dorn
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 13-05-009, filed 2/7/13, effective 3/10/13)
WAC 392-191A-030 Definitions.
The following definitions apply to the terms used in this chapter:
"Certificated classroom teacher" and "teacher" mean a certificated employee who provides academically focused 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," "principal" and "assistant principal" mean 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" and "certificate support person" mean 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)) 392-191A-060, the minimum evaluation criteria for principals specified in WAC ((392-191-014)) 392-191A-150, and the minimum evaluation criteria for certificated support personnel specified in WAC 392-191-020 and 392-191A-210.
"Evidence" means observed practice, products or results of a certificated classroom ((teacher)) teacher's 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 four-level rating 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 four-level rating system pursuant to RCW 28A.405.100.
"Observe" or "observation" means the gathering of evidence made through classroom or worksite visits, or other visits, work samples, or conversations that allow for the gathering of evidence of the performance of assigned duties 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 data and classify teaching or leadership performance and student growth 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 multiple measures that can include classroom-based, school-based, school 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.
AMENDATORY SECTION (Amending WSR 13-05-009, filed 2/7/13, effective 3/10/13)
WAC 392-191A-070 Minimum procedural standards—Frequency of comprehensive evaluation for certificated classroom teachers.
(1) School districts must observe all classroom teachers for the purposes of a comprehensive evaluation at least twice each school year in the performance of their assigned duties. School districts must observe all employees who are subject to a comprehensive evaluation for a period of no less than sixty minutes during each school year.
(2) School 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) School 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.
AMENDATORY SECTION (Amending WSR 13-05-009, filed 2/7/13, effective 3/10/13)
WAC 392-191A-080 Minimum procedural standards—Conduct of the comprehensive evaluation for certificated classroom teachers.
The conduct of the evaluation of classroom teachers must include, at a minimum, the following:
(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) 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 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.
AMENDATORY SECTION (Amending WSR 13-05-009, filed 2/7/13, effective 3/10/13)
WAC 392-191A-090 Minimum procedural standards—Outcomes of the student growth rating for certificated classroom teachers.
The following outcomes of the student growth impact rating analysis will apply:
(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)) 392-191A-100.
(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.
AMENDATORY SECTION (Amending WSR 13-05-009, filed 2/7/13, effective 3/10/13)
WAC 392-191A-100 Minimum procedural standards—Conduct of a student growth inquiry for certificated classroom teachers.
Within two months of receiving the low student growth score or at the beginning of the following school year, one or more of the following must be initiated by the evaluator:
• Examine student growth data in conjunction with other evidence including observation, artifacts and other student and teacher information based on appropriate classroom, school, 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.
AMENDATORY SECTION (Amending WSR 13-05-009, filed 2/7/13, effective 3/10/13)
WAC 392-191A-110 Minimum procedural standards—Frequency of observation for focused evaluation for certificated classroom teachers.
((If the evaluation of the certificated classroom teacher includes an assessment of a criterion that requires observation the following shall apply:)) School districts must ((observe)) ensure that all classroom teachers are observed for the purposes of focused evaluation at least twice each school year in the performance of their assigned duties. As appropriate, the evaluation of the certificated classroom teacher may include the observation of duties that occur outside the classroom setting. School districts must ((observe)) ensure that all ((employees)) certificated classroom teachers who are subject to a focused evaluation are observed for a period of no less than sixty minutes during each school year.
AMENDATORY SECTION (Amending WSR 13-05-009, filed 2/7/13, effective 3/10/13)
WAC 392-191A-120 Minimum procedural standards—Conduct of the focused evaluation for certificated classroom teachers.
The conduct of the evaluation of classroom teachers must include, at a minimum, the following:
(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 3 or 6 student growth rubrics.
(5) A summative score is ((determined through the scoring of the instructional and student growth rubrics for the criterion selected)) assigned using the summative score from the most recent comprehensive evaluation. This score becomes the focused summative evaluation score for any of the subsequent years following the comprehensive summative evaluation in which the certificated classroom teacher is placed on a focused evaluation. Should a teacher provide evidence of exemplary practice on the chosen focused criterion, a level 4 (Distinguished) score may be awarded by the evaluator.
(6) Should an evaluator determine that a teacher on a focused evaluation should be moved to a comprehensive evaluation for that school year, the teacher must be informed of this decision in writing at any time on or before December 15th.
(7) Districts shall implement the changes described in subsections (5) and (6) in this section no later than the 2017-18 school year. The district has the option to implement beginning in either the 2016-17 or the 2017-18 school year.
AMENDATORY SECTION (Amending WSR 13-05-009, filed 2/7/13, effective 3/10/13)
WAC 392-191A-130 Minimum procedural standards—Procedures to be used in making evaluations for certificated classroom teachers.
The following procedures must be used in making evaluations:
(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.
AMENDATORY SECTION (Amending WSR 13-05-009, filed 2/7/13, effective 3/10/13)
WAC 392-191A-160 Minimum procedural standards—Conduct of the comprehensive evaluation for certificated principals and assistant principals.
The conduct of the evaluation of principals and assistant principals must include, at a minimum, the following:
(1) All eight principal criteria must contribute to the overall summative evaluation.
(2) The evaluation ((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) Criterion scores, including leadership and student growth rubrics, must be determined by an analysis of evidence.
(4) An overall summative score shall be derived by a calculation of all summative scores and determining the final four level rating based on the superintendent of public instruction's determined summative evaluation scoring band.
(5) Upon completion of the overall summative scoring process, the evaluator will combine only the student growth rubric scores to assess the certificated principal or assistant principal's student growth impact rating.
(6) The student growth impact rating will be determined by the superintendent of public instruction's student impact rating scoring band.
(7) A student growth score of "1" in any of the rubric rows will result in an overall low student growth impact rating.
AMENDATORY SECTION (Amending WSR 13-05-009, filed 2/7/13, effective 3/10/13)
WAC 392-191A-170 Minimum procedural standards—Outcomes of the ((comprehensive evaluation)) student growth rating for certificated principals and assistant principals.
The following outcomes of the student growth impact rating analysis will apply:
(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)) pursuant to WAC 392-191A-180.
(3) Certificated principals and assistant principals with 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 principals and assistant principals with preliminary rating of unsatisfactory and high student growth rating will be reviewed by the evaluator's supervisor.
AMENDATORY SECTION (Amending WSR 13-05-009, filed 2/7/13, effective 3/10/13)
WAC 392-191A-180 Minimum procedural standards—Conduct of a student growth inquiry for certificated principals and assistant principals.
Within two months of receiving the low student growth score or at the beginning of the following school year, one or more of the following must be initiated by the evaluator:
• Examine student growth data in conjunction with other evidence including observation, artifacts and other student and teacher information based on appropriate classroom, school, 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.
AMENDATORY SECTION (Amending WSR 13-05-009, filed 2/7/13, effective 3/10/13)
WAC 392-191A-190 Minimum procedural standards—Conduct of the focused evaluation for certificated principals and assistant principals.
The conduct of the evaluation of principals or assistant principals must include, at a minimum, the following:
(1) One of the eight criterion for certificated principals or assistant principals must be assessed in every year that a comprehensive evaluation is not required.
(2) The selected criterion must be approved by the principal's evaluator and may have been identified in a previous comprehensive summative evaluation as benefiting from additional attention.
(3) The evaluation must include an assessment of the criterion using the leadership framework rubrics and the superintendent of public instruction's approved student growth rubrics. More than one measure of student growth data must be used in scoring the student growth rubrics.
(4) The focused evaluation will include the student growth rubrics selected by the principal or assistant principal and approved by the principal's evaluator. If criterion 3, 5, or 8 is selected, evaluators will use those student growth rubrics. If criterion 1, 2, 4, 6, or 7 is selected, evaluators will use criterion 3, 5, or 8 student growth rubrics.
(5) A summative score is ((determined through the scoring of the leadership and student growth rubrics for the criterion selected)) assigned using the summative score from the most recent comprehensive evaluation. This score becomes the focused summative evaluation score for any of the subsequent years following the comprehensive summative evaluation in which the certificated principal or assistant principal is placed on a focused evaluation. Should a principal or assistant principal provide evidence of exemplary practice on the chosen focused criterion, a level 4 (Distinguished) score may be awarded by the evaluator.
(6) Should an evaluator determine that a principal or assistant principal on a focused evaluation should be moved to a comprehensive evaluation for that school year, the principal or assistant principal must be informed of this decision in writing at any time on or before December 15th.
(7) Districts shall implement the changes described in subsections (5) and (6) in this section no later than the 2017-18 school year. A district has the option to implement beginning in either the 2016-17 or the 2017-18 school year.
REPEALER
The following section of the Washington Administrative Code is repealed:
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