SB0293HS1

SENATE EDUCATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 293

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

AN ACT

RELATING TO SCHOOL PERSONNEL; ENACTING THE TEACHER AND SCHOOL LEADER EFFECTIVENESS ACT; PROVIDING FOR EFFECTIVENESS EVALUATIONS FOR LICENSED SCHOOL EMPLOYEES; PROVIDING FOR 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 Leader 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 Leader Effectiveness Act:

A. "formative evaluation" means an evaluation that creates ongoing opportunities for feedback to enable a teacher's instruction to be improved;

B. "licensed school employee" is limited to those licensed school employees who provide services at one or more public schools in the school district;

C. "school district" includes charter schools;

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

E. "teacher" includes instructional support providers who provide services at one or more public schools in the school district."

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

"[NEW MATERIAL] RULES IMPLEMENTATION.--

A. The department shall promulgate rules to carry out the provisions of the Teacher and School Leader Effectiveness Act, including rules that establish uniform procedures for:

(1) the submission, review and approval of district procedures for the annual effectiveness evaluation of licensed school employees;

(2) the standards for each effectiveness level required pursuant to Section 4 of the Teacher and School Leader Effectiveness Act;

(3) the measurement of student achievement growth and associated implementation procedures required pursuant to Section 6 of the Teacher and School Leader Effectiveness Act; and

(4) a process for monitoring each school district's implementation of its teacher and school leader effectiveness evaluation system in accordance with the Teacher and School Leader Effectiveness Act.

B. The department shall adopt:

(1) a list of approved assessments to measure student achievement growth; and

(2) a list of approved measures of teacher and school leader effectiveness for the multiple measures component of the teacher and school leader effectiveness evaluations.

C. During the development of rules to implement the provisions of the Teacher and School Leader Effectiveness Act, the secretary shall convene an advisory committee to provide feedback and suggestions of ways to ensure a fair and objective evaluation system for licensed school employees. The membership of the advisory committee shall be appointed in such a way as to provide for cultural diversity and to give geographic representation to all areas of the state. The advisory committee shall consist of the secretary, who shall be the chairperson, and other members appointed by the secretary as follows:

(1) a representative nominated by the coalition of school administrators;

(2) a representative nominated by the New Mexico chapter of the national education association;

(3) a representative nominated by the Albuquerque federation of teachers;

(4) a representative nominated by a public school parent association;

(5) a representative nominated by the New Mexico coalition for charter schools;

(6) two representatives of the business community;

(7) a representative nominated by the New Mexico school boards' association;

(8) a representative nominated by the Hispanic education advisory council;

(9) a representative nominated by the Indian education advisory council;

(10) representatives from public elementary, middle and high school principals; and

(11) a parent of a public school student.

D. School districts shall continue to use the highly objective uniform statewide standards of evaluation for evaluating, promoting, terminating and discharging licensed school employees during the 2012-2013 and 2013-2014 school years. Beginning with the 2014-2015 school year, each school district shall implement its department-approved teacher and school leader effectiveness evaluation system, and employment decisions pertaining to effectiveness evaluations, promotions, terminations and discharges shall be made pursuant to the Teacher and School Leader Effectiveness Act."

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

"[NEW MATERIAL] EFFECTIVENESS EVALUATION PROCEDURES AND CRITERIA.--

A. For the purpose of increasing student achievement by improving the quality of instruction, school administration and supervision in the public schools of the state, every school district shall establish procedures for evaluating the performance of duties and responsibilities of all licensed school employees in the school district. Each school district shall report annually to the department the results of its effectiveness evaluations of licensed school employees and the alignment of its effectiveness evaluation system with the three-tiered licensure system.

B. The department shall approve each school district's teacher and school leader effectiveness evaluation system and shall monitor each school district's implementation of the system.

C. By December 1 of each year, the secretary shall report to the governor and the legislature on the approval and implementation status of each school district's teacher and school leader effectiveness evaluation system, including aggregate performance results and findings from the department's monitoring process.

D. A teacher and school leader effectiveness evaluation system shall:

(1) be designed to support effective instruction and student achievement, with the results used to inform school district- and school-level improvement plans;

(2) provide appropriate instruments, procedures and criteria and continuous quality improvement of professional skills, with results used to inform the professional development of licensed school employees;

(3) include a mechanism to examine effectiveness data from multiple sources, which may include giving parents and students opportunities to provide input into effectiveness evaluations when appropriate;

(4) identify those teaching fields for which special evaluation procedures and criteria may be developed;

(5) include measures of student achievement growth worth fifty percent, observations worth twenty-five percent and multiple measures worth twenty-five percent, unless otherwise provided for in Subsections F, H and I of this section;

(6) differentiate among at least five levels of performance, which include the following:

(a) exemplary, meets competency;

(b) highly effective, meets competency;

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

(e) ineffective, does not meet competency; and

(7) establish a peer assistance process to assist in improving the level of instruction and learning in each public school. The peer assistance process may inform formative evaluations as a part of the regular teacher and school leader effectiveness evaluation system and may be used to assist beginning teachers, licensed school employees placed on performance probation and those who request assistance.

E. The teacher and school leader effectiveness evaluation procedures for licensed school employees shall be based on the performance of students assigned to their classrooms or public schools as provided in the Teacher and School Leadership Effectiveness Act. The procedures shall comply with the requirements of Subsections F through U of this section.

F. A teacher effectiveness evaluation shall be conducted for each teacher at least once a year. Each evaluation shall be based on sound educational principles and contemporary research in effective educational practices. The student achievement growth component of a teacher's effectiveness evaluation shall be based on valid and reliable data and indicators of student achievement growth assessed annually through a combination of thirty-five percent standards-based assessment and fifteen percent additional department-approved assessments, for a total of fifty percent; provided that for subjects and grade levels not measured by state assessments, a school district shall select assessments from a list of options approved by the department.

G. A school district shall use the state-adopted measure of student achievement growth calculated by the department for all courses associated with state assessments and shall select comparable measures of student achievement growth for other grades and subjects as provided in Section 6 of the Teacher and School Leader Effectiveness Act.

H. For classroom teachers with three years or more of student achievement growth data, the student achievement growth component of the teacher effectiveness evaluation shall include growth data as provided in Section 6 of the Teacher and School Leader Effectiveness Act.

I. For teachers who are classroom teachers who do not teach in a grade or subject that has a standards-based assessment for which student achievement growth can be calculated, during the first year of implementation of the teacher and school leader effectiveness evaluation system, the student achievement growth component of the evaluation may be based on the school's A through F letter grade and account for twenty-five percent of the overall evaluation. The multiple measures component shall account for fifty percent of the effectiveness evaluation in such cases.

J. For school principals, the student achievement growth component of the school leader effectiveness evaluation shall include student achievement growth data for students assigned to the public school over the course of at least three years. The student achievement growth component of the effectiveness evaluation shall be based on the school's A through F letter grade and shall constitute fifty percent of the school leader effectiveness evaluation.

K. Until a school district has had its teacher and school leader effectiveness evaluation system in place for one year, the student achievement growth components of the teacher and school leader effectiveness evaluations may be based on the public school's A through F letter grade for twenty-five percent of the overall evaluation. The multiple measures component shall account for fifty percent in such cases. The school district may choose to continue to use the public school's school grade as its student achievement growth components or may submit another student achievement growth component for department approval.

L. A school district must develop or choose an assessment that measures student achievement growth for classroom teachers who do not teach in a standards-based assessment grade or subject, and the school district shall submit the assessment to the department for approval.

M. The teacher effectiveness evaluation shall base at least twenty-five percent of the results on data and indicators of instructional practice for teachers. Instructional practices shall be observed using a common research-based observational protocol approved by the department, with a demonstrated correlation to improved student achievement.

N. For classroom teachers, effectiveness evaluation criteria shall include indicators based on research-based instructional practices as determined by the department.

O. Classroom teachers who are rated highly effective or exemplary on their most recent annual effectiveness evaluation shall be observed at least once a year. The observation shall be completed by their school principals.

P. Classroom teachers who are rated effective, minimally effective or ineffective on their most recent annual effectiveness evaluation shall be observed at least twice a year. One observation shall be completed by their school principal and one observation may be completed by an external observer.

Q. Feedback on classroom observations shall be given to classroom teachers within ten days after the observation is completed.

R. For licensed school employees who are not classroom teachers, performance criteria shall be based on research-based indicators and may include specific job-effectiveness expectations related to student support.

S. For school principals, effectiveness evaluation criteria shall include indicators based on each of the leadership standards adopted by the department. The school leader effectiveness evaluation shall include a means to give other licensed school employees and parents an opportunity to provide input into the school principal's effectiveness evaluation, when appropriate.

T. Multiple measures approved by the department shall be twenty-five percent of the school district's teacher and school leader effectiveness evaluation system, except as otherwise provided in the Teacher and School Leader Effectiveness Act. The multiple measures shall be aligned with improved student achievement. Each school district shall adopt at least two multiple measures, and each individual multiple measure may equal no more than ten percent of the twenty-five percent.

U. The school administrator responsible for supervising a licensed school employee shall evaluate the licensed school employee's performance. The school district's teacher and school leader effectiveness evaluation system may provide for the supervisor to consider input from other trained evaluators and observers."

SECTION 5. 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 licensed school employee to the licensed school employee and to the local superintendent. Once each component of an effectiveness evaluation is completed, the evaluator shall not change that component. A licensed school employee who is rated minimally effective or ineffective may provide a written response to the effectiveness evaluation, and the response shall become a permanent attachment to the licensed school employee's personnel file.

B. For licensed school employees 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 licensed school employee no later than ten days after the licensed school employee's effectiveness evaluation is completed.

D. At the post-evaluation conference with a licensed school employee 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 framework for an individual professional growth plan.

E. School principals and other supervisors shall use the results of the teacher and school leader effectiveness evaluations to develop strategic support for licensed school employees who are rated minimally effective or ineffective, which support shall align with best practices identified by the department. The evaluator shall provide assistance in helping to correct unsatisfactory performance.

F. If the licensed school employee has an employment contract, the licensed school employee shall be placed on a performance growth plan and be governed by the provisions of this section pertaining to the demonstration of corrective action for ninety school days 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 ninety-day period. During the ninety-day period, the licensed school employee 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 ninety-day period, 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 licensed school employee who has an employment contract 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 licensed school employee 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 licensed school employee who receives two consecutive minimally effective or ineffective evaluations and who has been given written notice by the school district that the licensed school employee is being discharged or terminated or that the local school board intends to discharge or terminate the licensed school employee.

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

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

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

A. By October 1, 2012 the department shall propose a formula to measure individual student achievement growth on the state standardized assessments used for school accountability. The formula shall take into account each student's prior performance, grade level and subject. In developing the formula, the department shall consider other factors, including student attendance, student disciplinary records, student disabilities and student English language proficiency. The formula shall not set different expectations for student achievement growth based on gender, race, ethnicity or socioeconomic status. The department shall adopt the formula by rule by December 1, 2012.

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

C. A school district may request through the effectiveness evaluation system approval process to use an alternative student achievement measure rather than an achievement growth measure for courses for which the alternative measure is a more appropriate measure of teacher effectiveness. A school district may request to use a combination of achievement growth and the alternative achievement measure.

D. For classroom teachers who are assigned to courses not associated with state assessments, a school district may request through the effectiveness evaluation system approval process to include achievement growth demonstrated on state assessments as a percentage of the overall effectiveness evaluation. Achievement growth of the state assessment shall be based on the students assigned to the teacher. The achievement growth of the teacher's assigned content area, as measured by the district-selected assessment, shall be the greater percentage.

E. Until July 1, 2015, for classroom teachers of courses for which the district has not implemented appropriate assessments or for which the school district has not adopted a comparable measure of student achievement growth, student achievement growth shall be measured by the growth in achievement of the classroom teacher's students on state assessments or, for courses in which enrolled students do not take the state assessment, achievement growth based on the school's A through F letter grade. A local superintendent may assign instructional team student achievement growth to classroom teachers in lieu of using the school grade growth calculation."

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

"[NEW MATERIAL] STUDENT ASSESSMENT PROGRAMS FOR PUBLIC SCHOOLS.--

A. A school district is responsible for the measurement of the achievement gains of students in all subjects and grade levels other than subjects and grade levels required for the state student achievement testing program.

B. Beginning with the 2014-2015 school year, each school district shall administer, for each course offered in the school district, a student assessment that measures mastery of the content, as described in the state-adopted course description, at the necessary level of rigor for the course. The assessments may include:

(1) statewide assessments pursuant to this section;

(2) other standardized assessments approved by the department, including nationally recognized standardized assessments;

(3) industry certification examinations; and

(4) department-approved school district-developed or -selected end-of-course assessments.

C. Subsection B of this section shall be implemented as the department identifies methods to assist and support school districts in the development and acquisition of assessments."

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

"[NEW MATERIAL] PUBLIC SCHOOL PERSONNEL--SALARY SCHEDULE.--The school district shall designate positions to be filled, prescribe qualifications for those positions and provide for the appointment, compensation, promotion, suspension, discharge or termination of licensed school employees, subject to the requirements of the Teacher and School Leader Effectiveness Act."

SECTION 9. SEVERABILITY.--If any part or application of the Teacher and School Leader Effectiveness Act is held invalid, the remainder or its application to other situations or persons shall not be affected.

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