HOUSE BILL 589

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Rick Miera

AN ACT

RELATING TO SCHOOL PERSONNEL; CREATING A COUNCIL TO DEVELOP A TEACHER AND PRINCIPAL EVALUATION SYSTEM AND RELATED RECOMMENDATIONS FOR THE PUBLIC EDUCATION DEPARTMENT'S ADOPTION; REQUIRING REPORTING TO THE GOVERNOR AND LEGISLATIVE EDUCATION STUDY COMMITTEE.

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

     SECTION 1. A new section of the School Personnel Act is enacted to read:

     "[NEW MATERIAL] TEACHER AND PRINCIPAL EVALUATION SYSTEM--COUNCIL RECOMMENDATIONS.--

          A. By June 1, 2013, the department shall convene a council to develop a teacher and principal evaluation system for the department's adoption for evaluating teacher performance and principal performance in accordance with highly objective uniform statewide standards and Section 22-10A-19 NMSA 1978.

          B. The council shall work from June 1, 2013 through December 31, 2017. The department shall provide staff assistance to the council upon request.

C. Council members shall include:

                (1) the secretary or the secretary's designee; and

                (2) geographically diverse members appointed by the secretary as follows:

                     (a) two members selected by the national education association and two members selected by the American federation of teachers-New Mexico;

                     (b) sixteen teachers selected by the national education association and the American federation of teachers-New Mexico, two of whom have a level two license and currently teach an elementary school class on a full-time basis, two of whom have a level three license and currently teach an elementary school class on a full-time basis, two of whom have a level two license and currently teach a middle school class on a full-time basis, two of whom have a level three license and currently teach a middle school class on a full-time basis, two of whom have a level two license and currently teach a high school class on a full-time basis, two of whom have a level three license and currently teach a high school class on a full-time basis, two of whom have a level two license and currently teach a class at a charter school on a full-time basis and two of whom have a level three license and currently teach a class at a charter school on a full-time basis. No fewer than three and no more than five of the public school teachers selected pursuant to this subparagraph shall be special education teachers, bilingual or English language learner classroom teachers;

                     (c) six principals selected by the New Mexico coalition of school administrators, two of whom currently administer an elementary school, two of whom currently administer a middle school and two of whom currently administer a high school;

                     (d) two head administrators selected by the New Mexico coalition for charter schools; and

                     (e) two representatives of a public school parent organization nominated by that organization.

          D. If the department has sufficient funds in its budget, the members of the council and any work groups of the council may be reimbursed for travel expenses pursuant to the Per Diem and Mileage Act. The members of the council and any work groups of the council shall receive no other compensation, perquisite or allowance.

          E. The council may convene work groups, including non-council members with appropriate expertise and consult with state, regional and national experts.

          F. By July 31, 2014, the council shall complete the teacher and principal evaluation system and provide its recommendations to the department. By August 15, 2015, the department shall:

                (1) adopt the teacher and principal evaluation system and the council's recommendations;

                (2)  promulgate rules regarding the teacher and principal evaluation system; and

                (3) provide appropriate training and related materials from evidence-based sources for the implementation of the state teacher and principal evaluation system.

          G. The teacher and principal evaluation system and the council's recommendations for implementing the teacher and principal evaluation system shall:

                (1) be aligned with best practices and state standards for each grade level and subject area pursuant to Section 22-13-1.6 NMSA 1978;

                (2) include expanded opportunities within the three-tiered licensure system for all teachers and principals to:

                     (a) develop additional skills and competencies;

                     (b) receive professional development, technical assistance and training;

                     (c) assume additional duties and responsibilities with additional salary; and

                     (d) advance within the three-tiered licensure system;

                (3) continuously update the instruments and processes for performing teacher and principal evaluations as research evolves on practices leading to optimal student outcomes;

                (4) delineate the process by which a teacher or principal may appeal a performance rating;

                (5) establish required procedures for maintaining the confidentiality of personally identifiable student information in performing evaluations, evaluation feedback and ratings and exempting all documents related to evaluations from the Inspection of Public Records Act;

                (6) provide the necessary support for school districts and charter schools to implement the state teacher and principal evaluation system, including ongoing training in the implementation and use of the state teacher and principal evaluation system for teachers, principals and certified observers;

                 (7) provide for the evaluation of teachers:                      (a) according to clear and objective standards appropriate for the teacher's level of licensure;

                     (b) using observation instruments, rubrics or other research-based tools to compile evidence, specific to each licensure level, of teacher competence;

                     (c) using student learning data compiled from multiple sources;

                     (d) based on standards of practice that take into account the complexities of teaching; and

                     (e) while continuously providing opportunities for teacher professional development, training and collaboration according to the teachers' experience, knowledge and skills to ensure that teachers have the resources to provide instruction that responds appropriately to student learning data aligned with the state standards for each grade level and subject area pursuant to Section 22-13-1.6 NMSA 1978 and providing a connection between the professional development plan required in Section 22-10A-19 NMSA 1978 and the teacher evaluations; and

                (8) provide for the evaluation of principals:                      (a) according to clear and objective standards;

                     (b) using evaluation instruments, rubrics or other research-based tools to compile evidence of school leadership and student learning from multiple sources in a fair, transparent, rigorous and valid way and with enough frequency to justify the effectiveness in school leadership rating; and

                     (c) while continuously providing opportunities for professional development, training and collaboration according to the principals' experience, knowledge and skills.

           H. The teacher and principal evaluation system and the council's recommendations shall include multiple measures for evaluating teacher performance:

                (1) based on:

                     (a) each school district's decisions pursuant to collective bargaining processes on any or all of the following measures to be given eighty percent or more weight: 1) formative classroom observations; 2) summative classroom observations; 3) student learning measured by student learning objectives; 4) student feedback compiled from student surveys from research-based surveys; and 5) school progress on the educational plan for student success; and

                     (b) multiple measures of student learning, growth and achievement based on assessments that have a valid and reliable connection to teacher effectiveness, to be given a significant portion, but no more than twenty percent, of weight; and

                (2) rated as:

                     (a) distinguished;

                     (b) proficient;

                     (c) basic;

                     (d) unsatisfactory; or

                     (e) another rating developed by the council for the department's adoption.

          I. The teacher and principal evaluation system and the council's recommendations shall include multiple measures for evaluating principal performance:

                (1) based on:

                     (a) the following measures to be given eighty percent or more weight: 1) the operations of the school; the principal's performance of teacher evaluations; 2) the principal's provision of support for improved teacher performance, as aligned with the state standards for each grade level and subject area pursuant to Section 22-13-1.6 NMSA 1978; 3) teacher and staff feedback compiled from research-based surveys and consideration of and responsiveness to teacher and staff feedback in the management of the school; 4) parent feedback compiled from research-based surveys; 5) school climate and culture; 6) the principal's management of school personnel and the school site; and 7) school progress on the educational plan for student success; and

                     (b) valid and reliable multiple measures of student learning, growth and achievement, to be given a significant portion, but no more than twenty percent, or weight; and

                 (2) rated as:

                     (a) highly effective;

                     (b) effective;

                     (c) improvement necessary;

                     (d) does not meet standards; or

                     (e) another rating developed by the council for the department's adoption.

          J. The teacher and principal evaluation system and the council's recommendations shall include procedures for conducting the teacher and principal evaluations, including:

                (1) criteria for selecting, certifying and training certified observers;

                (2) guidelines and training materials for performing observations and evaluations;

                (3) a sequence and schedule for performing observations and evaluations of teachers according to each teacher's licensure level; and

                (4) a sequence and schedule for performing annual evaluations of principals.

          K. The teacher and principal evaluation system and the council's recommendations shall include the measures to be taken in response to the teacher and principal evaluations, including:

                (1) ways to use state teacher and principal evaluations to:

                     (a) promote student learning, growth and achievement;

                     (b) provide teachers and principals with clear expectations, appropriate and targeted feedback for improvement and enhanced opportunities for professional growth; and

                     (c) make decisions pursuant to the School Personnel Act, including advancement within the three-tier licensure system;

                (2) guidelines and training materials for the development of student learning objectives;

                (3) criteria for optional local or regional peer assistance, review, intervention and training programs for teachers who earn an unsatisfactory rating;

                 (4) any additional measures; and

                (5) the sequence and schedule of measures.

          L. Starting with the 2014-2015 school year, each teacher shall be evaluated by a principal, each principal shall be evaluated by the local superintendent and each head administrator of a charter school shall be evaluated by a designee of the governing body of a charter school in a rigorous, fair and transparent way pursuant to this section.

          M. The results of each evaluation shall be provided to the teacher or principal in a timely manner. School districts and charter schools shall document and use the results of evaluations to assist with improving performance as needed. The department shall monitor each school district's and charter school's administration of the state teacher and principal evaluation system.

          N. By March 1, 2016 and 2017, the council and the department shall prepare draft reports on the implementation of the state teacher and principal evaluation system and distribute the draft reports to all school districts, charter schools and public post-secondary educational institutions for comments. By July 31, 2016 and 2017, the council and the department shall provide to the governor and the legislative education study committee copies of the draft and final reports that include submitted comments and:

                (1) the number of teachers and principals at each rating level for each school and school district;

                (2) summaries of feedback from research-based surveys of teachers, staff, principals and school administrators;

                (3) recommendations for continuation or modification of the state teacher and principal evaluation system; and

                (4) any other information deemed relevant or requested by the governor or the legislative education study committee.

          O. As used in this section:

                (1) "certified observer" means a school administrator or teacher with a level three license selected, trained and certified by the department to accurately assess teacher practice and conduct formative observations of licensed teachers based on the teachers' licensure level;

                (2) "formative observation" means an observation by a certified observer using a research-based protocol that:

                     (a) is performed twice during the school year; and

                     (b) creates ongoing opportunities for feedback to enable a teacher's instruction to be fine-tuned to: 1) achieve performance that meets or exceeds goals, criteria and expected standards; 2) address and develop teaching practices in areas of weakness; and 3) improve teaching skills during the formative evaluation process;

                (3) "performance" means competence and effectiveness;

                (4) "principal" means the principal of a school or the head administrator or administrative and instructional leader of a charter school;

                (5) "student learning objectives" means teacher-designed and teacher-created clear and specific goals that are aligned to the state standards for each grade level and subject area pursuant to Section 22-13-1.6 NMSA 1978; and

                (6) "summative observation" means a teacher evaluation conducted by a school principal or head administrator twice during the school year following the second formative observation."

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