HB0249LAS

HOUSE LABOR AND HUMAN RESOURCES COMMITTEE SUBSTITUTE FOR

HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR

HOUSE BILL 249 AND HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR

HOUSE BILL 251

50th legislature - STATE OF NEW MEXICO - second session, 2012

AN ACT

RELATING TO SCHOOL PERSONNEL; ENACTING THE TEACHER AND SCHOOL PRINCIPAL EFFECTIVENESS ACT; PROVIDING FOR EFFECTIVENESS EVALUATIONS FOR TEACHERS AND PRINCIPALS; PROVIDING FOR THE CREATION OF FRAMEWORKS, SYSTEMS, PROCEDURES, CRITERIA AND MONITORING; PROVIDING ASSESSMENT COMPONENTS; REQUIRING POST-EVALUATION ACTIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Teacher and School Principal Effectiveness Act"."

SECTION 2. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] DEFINITIONS.--As used in the Teacher and School Principal Effectiveness Act:

A. "council" means the effectiveness evaluations council;

B. "principal" includes assistant principals and head administrators of charter schools; and

C. "school district" includes charter schools."

SECTION 3. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] TEACHER AND PRINCIPAL EFFECTIVENESS EVALUATION SYSTEM DEVELOPMENT--TIME LINE.--

A. The council shall report its recommendations for the state teacher and principal effectiveness evaluation system to the department by September 1, 2012.

B. By January 1, 2013, the department shall promulgate final rules for the evaluation system.

C. By May 1, 2013 and by May 1 of subsequent years, all school districts and charter schools shall submit their teacher and principal effectiveness evaluation measures for department approval.

D. From February 1 through August 31, 2013, the department shall conduct training sessions for principals and other evaluators.

E. Beginning with the 2013-2014 school year, the teacher and principal effectiveness evaluation system shall be implemented in every public school. The 2013-2014 school year shall be used to determine baseline data for the evaluation system."

SECTION 4. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] EFFECTIVENESS EVALUATIONS COUNCIL--CREATED--DUTIES.--

A. By June 1, 2012, the secretary shall convene and chair an "effectiveness evaluations council" to develop recommendations for a teacher evaluation framework and a principal evaluation framework for the department to consider in adopting a state teacher and principal effectiveness evaluation system. The department shall provide staff for the council.

B. The council shall include:

(1) four teachers nominated by teacher organizations, one with a level 2 or 3 license teaching in an elementary school; one with a level 2 or 3 license teaching in a middle school; one with a level 2 or 3 license teaching in a high school; and one with a level 2 or 3 license teaching multiple grades;

(2) four teachers who are appointed by the department from applications, one with a level 2 or 3 license teaching in an elementary school; one with a level 2 or 3 license teaching in a middle school; one with a level 2 or 3 license teaching in a high school; and one with a level 2 or 3 license teaching multiple grades; provided that at least one of the teachers appointed pursuant to this paragraph shall be from a charter school;

(3) four school principals, two nominated by an organization of school administrators and two appointed by the department from applications;

(4) one member from the Hispanic education advisory council;

(5) one member from the Indian education advisory council;

(6) one member from the business community appointed by the department from applications; and

(7) one parent appointed by the department from applications.

C. Council appointments shall be made in such a way as to provide geographic and demographic representation and shall ensure that small, mid-size and large districts are represented.

D. By September 1, 2012, the council shall develop specific and comprehensive recommendations on a teacher and principal effectiveness evaluation system, including

specific and comprehensive recommendations for:

(1) the department's adoption of a state teacher and principal effectiveness evaluation system that integrates the teacher evaluation framework and the principal evaluation framework in ways that best serve and support student learning, including:

(a) effective instruction and student growth achievement with results used to inform district- and school-level improvement;

(b) appropriate instruments, procedures and criteria for improving teacher and principal effectiveness;

(c) mechanisms to examine effectiveness data from multiple sources, including giving parents and students opportunities to provide input into effectiveness evaluations;

(d) methods and criteria to evaluate principals; and

(e) criteria for teacher and principal professional development and evaluator training on the state teacher and principal effectiveness evaluation system;

(2) training materials and guidelines for performing teacher and principal evaluations;

(3) the department's alignment of the state teacher and principal effectiveness evaluation program with the current licensure and compensation systems; and

(4) any changes to department rules or laws, if necessary, for teacher and principal evaluation results to be used for personnel decisions in areas such as compensation, promotion, retention, termination and professional development.

E. In developing its recommendations for the state teacher and principal effectiveness evaluation system, the council shall consider:

(1) the unique geographic and demographic composition of the state;

(2) the diversity of culture and languages throughout the state; and

(3) alignment with the common core standards transition and implementation."

SECTION 5. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] ELEMENTS OF TEACHER AND PRINCIPAL EFFECTIVENESS EVALUATION SYSTEM.--

A. The state teacher and principal effectiveness evaluation system shall include a focus on measures of student growth and achievement that are valid and reliable, common and uniform and not solely based on a single state assessment. If a valid and reliable measure is not available, a school district shall submit its proposal for a local measure to the department for approval.

B. The evaluation framework for teachers shall be made up of multiple measures, including:

(1) valid and reliable measures of student growth and achievement that have a valid and reliable connection to teacher effectiveness, including:

(a) student growth reflected over multiple years; and

(b) measures of teachers' contributions to student growth achievement;

(2) additional measures that include multiple sources of information about teacher effectiveness, including:

(a) student surveys;

(b) teacher professional development plans that reflect the teacher's professional growth; and

(3) frequent teacher practice observations, including one formal observation by the principal, using research-based protocols and providing useful feedback given to the teacher to improve performance.

C. Fifty percent of a teacher's evaluation shall be based on valid and reliable measures of student growth and achievement that has a valid and reliable connection to teacher effectiveness. The council shall recommend the distribution of the remaining fifty percent of an evaluation made up of additional measures and observations pursuant to Paragraphs (2) and (3) of Subsection B of this section.

D. The evaluation framework for principals shall include measures of student growth achievement and school growth, including:

(1) measures that relate to instructional leadership;

(2) feedback from teachers, other staff and parents;

(3) the principal's fidelity to the state effectiveness evaluation system for evaluating teachers and support for teachers needing improvement; and

(4) other measures recommended by the council pursuant to its research.

E. Fifty percent of the evaluation framework for principals shall be based on valid and reliable measures of student growth achievement and school growth that has a valid and reliable connection to effective instructional leadership.

F. Principals and other evaluators shall receive training on how to conduct teacher evaluations using the state effectiveness evaluation system."

SECTION 6. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] TEACHER EFFECTIVENESS RATINGS.--

A. The teacher evaluation framework shall differentiate among at least five levels of performance, which include the following:

(1) exemplary, meets competency;

(2) highly effective, meets competency;

(3) effective, meets competency;

(4) minimally effective, does not meet competency; and

(5) ineffective, does not meet competency.

B. Every school district may establish a peer assistance process to assist in improving the level of instruction and learning in each public school. The peer assistance process may be used to assist beginning teachers, teachers who are rated minimally effective and ineffective and those who request assistance."

SECTION 7. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] PRINCIPAL EFFECTIVENESS RATINGS.--The principal evaluation framework shall differentiate among five levels of performance, which include the following:

A. exemplary, meets competency;

B. highly effective, meets competency;

C. effective, meets competency;

D. minimally effective, does not meet competency; and

E. ineffective, does not meet competency."

SECTION 8. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] EVALUATION--WRITTEN REPORT--POST-EVALUATION CONFERENCE--NOTIFICATION OF MINIMALLY EFFECTIVE OR INEFFECTIVE PERFORMANCE--RESULTS OF EVALUATION--CORRECTIVE ACTION.--

A. Every evaluator shall submit a written report on the effectiveness evaluation of each teacher to the teacher and to the local superintendent. Once each component of an effectiveness evaluation is completed, the evaluator shall not change that component. A teacher who is rated minimally effective or ineffective may provide a written response to the evaluation, and the response shall become a permanent attachment to the teacher's personnel file.

B. For teachers evaluated as minimally effective or ineffective, the written report shall describe the minimally effective or ineffective performance and include notice of the procedural requirements of this section. The notice shall constitute notice of uncorrected unsatisfactory work performance pursuant to Section 22-10A-30 NMSA 1978.

C. The evaluator shall arrange a post-evaluation conference with each teacher no later than ten days after the teacher's evaluation is completed.

D. At the post-evaluation conference with a teacher evaluated as minimally effective or ineffective, the evaluator shall make recommendations with respect to specific areas of unsatisfactory performance and provide other useful feedback that provides the initial guidelines for an individual professional growth plan.

E. A principal or other supervisor shall use the results of the teacher evaluation to develop strategic support for the teacher who is rated minimally effective or ineffective. The evaluator shall provide intervention and assistance in helping to correct unsatisfactory performance as specified in the individual professional growth plan.

F. The teacher shall be placed on an individual professional growth plan and be governed by the provisions of this section pertaining to the demonstration of corrective action for a period determined by a principal or other supervisor following the receipt of the notice of minimally effective or ineffective performance; provided that weekends, school holidays and school vacation periods are not counted when calculating the period. The teacher shall be observed and evaluated periodically and shall be apprised of progress. The evaluator shall provide assistance and notification of in-service training opportunities to help correct the performance deficiencies noted.

G. Within five school days after the allowed period of the individual professional growth plan, the evaluator shall evaluate whether the performance deficiencies have been corrected and forward a recommendation to the local superintendent. Within ten school days after receiving the evaluator's recommendation, the local superintendent shall notify the teacher in writing whether the performance deficiencies have been satisfactorily corrected. If satisfactory progress has not been made, the local superintendent shall determine whether to discharge the teacher in compliance with Section 22-10A-27 NMSA 1978 or, if at the end of a school year, to terminate the employment of the employee in compliance with Section 22-10A-24 NMSA 1978.

H. An exemption to the provisions of this section may be provided for upon appeal for extraordinary circumstances as determined by the department.

I. The local superintendent shall notify the department of a teacher who receives two consecutive minimally effective or ineffective evaluations and who has been given written notice by the school district that the teacher is being discharged or terminated.

J. This section does not grant a probationary employee a right to continued employment beyond the term of the probationary employee's contract."

SECTION 9. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] MEASUREMENT OF STUDENT ACHIEVEMENT GROWTH IN LEARNING.--

A. By January 1, 2013, based on recommendations by the council, the department shall implement a formula to measure individual student achievement growth on the state accountability system.

B. Beginning with the 2013-2014 school year, each school district shall use the department-adopted student achievement growth measures to measure the growth in achievement of each student."

SECTION 10. SEVERABILITY.--If any part or application of the Teacher and School Principal Effectiveness Act is held invalid, the remainder or its application to other situations or persons shall not be affected.

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