SENATE BILL 247
54th legislature - STATE OF NEW MEXICO - first session, 2019
RELATING TO SCHOOL PERSONNEL; ENACTING THE TEACHER EVALUATION ACT; PROVIDING POWERS AND DUTIES; REQUIRING IMPROVEMENT PLANS UNDER CERTAIN CIRCUMSTANCES; DECLARING AN EMERGENCY.
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 Evaluation Act"."
SECTION 2. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Teacher Evaluation Act:
A. "evaluation" means the ongoing process of defining goals and identifying, gathering and using information to improve professional performance and to assess total job competence and make personnel decisions;
B. "evaluator" means a designated person who has completed a training program approved by the department to be an evaluator and has the responsibility for observation and evaluation of teachers;
C. "experienced teacher" means a level two or level three-A teacher;
D. "formative performance evaluation" means the process used to provide input for strengthening professional performance and to assess progress toward attaining goals set forth in the teacher's professional development plan;
E. "improvement plan" means the growth or improvement actions designated by an evaluator for a period of at least thirty school days and no more than ninety school days as needed to improve a teacher's performance;
F. "instructional quality" means an assessment of the quality of instruction based on data gathered by one or more evaluators through classroom observation and may include other evidence such as artifacts of practice;
G. "intensive improvement plan" means a plan of at least thirty school days and not more than one school year that is developed by an evaluator for a teacher who is unable to demonstrate proficient performance, as determined by the evaluator, by the end of an improvement plan;
H. "local school board" includes the governing body of a charter school;
I. "local superintendent" includes the head administrator of a charter school;
J. "peer assistance and review" means intensive assistance from a mentor who is in the same teaching area and trained by an oversight panel of teachers and administrators to engage in coaching and planning assistance, as well as documentation of the progress;
K. "professional development dossier" means the compiled evidence of performance along three components, which are instruction, student learning and professional development, created to advance from one licensure level to the next;
L. "professional development plan" means an individualized plan intended to improve teaching that is unique to the goals and growth areas identified by a teacher and an evaluator;
M. "professional responsibility and development" means an evaluator's assessment of the extent to which a professional development plan has been carried out effectively and the extent to which the teacher participates in a professional community and in professional development activities, based on evidence submitted by the teacher and evaluator;
N. "school principal" includes the head administrator of a charter school;
O. "student feedback" means feedback on a teacher's performance gathered from the teacher's students using an evidence-based instrument determined by the department;
P. "student learning growth" means learning as measured by multiple measures appropriate to the content and standards being taught that may include progress on student learning objectives, achievement of individualized education
program goals, nationally-normed or locally-developed assessments that are aligned to state standards or research-based growth measures;
Q. "student learning objectives" means progress toward student learning goals, as measured by classroom- designed, district-developed or state or national assessments of learning standards that may include portfolios, pre- and post-tests, unit and course assessments, performance assessments and capstone projects;
R. "summative performance evaluation" means an evaluator's judgments of the teacher's performance related to performance standards resulting in a performance rating based on multiple elements; provided that the summative evaluation shall include at least two classroom observations of at least forty-five minutes in the school year that the summative evaluation is required;
S. "teacher" means an educator who holds a level one, level two or level three-A license and whose primary duty is classroom instruction; and
T. "teacher evaluation system" means a system that uses professional development plans, formative performance evaluations and summative performance evaluations to provide useful feedback, determine performance ratings and recommend improvement plans and intensive improvement plans for teachers."
SECTION 3. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] CREATING THE TEACHER EVALUATION SYSTEM--ESTABLISHING RESPONSIBILITIES FOR THE DEPARTMENT, LOCAL SCHOOL BOARDS, LOCAL SUPERINTENDENTS, CHARTER SCHOOL HEAD ADMINISTRATORS AND EVALUATORS.--
A. By July 1, 2019, the department shall:
(1) in consultation with school districts, charter schools, school personnel, other stakeholders and the legislative education study committee, promulgate rules to carry out the provisions of the teacher evaluation system; and
(2) provide appropriate training and related materials to evaluators from evidence-based sources for the implementation of the teacher evaluation system.
B. By October 9, 2019, each local school board shall adopt policies, guidelines and procedures for implementing the teacher evaluation system and shall communicate these policies, guidelines and procedures to teachers and school principals across the school district.
C. The local superintendent shall ensure that:
(1) all evaluators attend an initial training approved by the department on implementing the teacher evaluation system; and
(2) evaluators refresh and improve their evaluation, administrative and instructional leadership skills at least every two years by attending a training program approved by the department.
D. By October 11, 2019, the department shall require the implementation of the teacher evaluation system."
SECTION 4. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] FORMATIVE AND SUMMATIVE PERFORMANCE EVALUATIONS AND PERFORMANCE RATINGS.--
A. Formative performance evaluations and professional development plans shall be required annually for all teachers; provided that the professional development plan of an experienced teacher may be written to extend over three years but updated annually during the three-year period.
B. Summative performance evaluations shall be required as follows:
(1) annually for all level one teachers;
(2) annually for all experienced teachers rated as unsatisfactory or developing; and
(3) every three years for experienced teachers rated as proficient or distinguished; provided that a professional development dossier may be used for evaluation purposes in the year in which the dossier is approved.
C. Summative performance evaluations shall include the following elements:
(1) instructional quality, which shall count for at least fifty percent of the performance rating;
(2) student feedback;
(3) student learning growth; and
(4) professional responsibility and development.
D. Summative performance evaluations shall produce one of the following performance ratings:
(1) "distinguished" means the teacher's performance significantly exceeds the threshold approved by the department for proficient performance;
(2) "proficient" means the teacher's performance meets the threshold approved by the department for proficient performance but is below the threshold set for distinguished performance;
(3) "developing" means the teacher's performance does not meet the threshold approved by the department for proficient performance but is above the threshold set for unsatisfactory performance; and
(4) "unsatisfactory" means the teacher's performance rating has not improved following a rating of developing or the teacher's performance is significantly below the threshold set by the department for proficient performance.
E. Any data or information that the department, school districts or charter schools create, send or receive that is evaluative in nature and may be linked to an individual teacher, including information concerning a teacher's formative evaluation or summative evaluation or performance rating, shall be considered personnel information and matters of opinion and shall not be subject to disclosure under the Inspection of Public Records Act."
SECTION 5. A new section of the Public School Code is enacted to read:
"[NEW MATERIAL] IMPROVEMENT PLANS FOR TEACHERS WITH LESS THAN PROFICIENT PERFORMANCE EVALUATIONS.--
A. For an experienced teacher who is rated as developing or unsatisfactory on the summative performance evaluation or for a level one teacher who has been rated as unsatisfactory, an evaluator shall provide the teacher with an improvement plan that may include peer assistance and review.
B. If the teacher is unable to demonstrate proficient performance by the end of the improvement plan, an intensive improvement plan shall be initiated.
C. If the teacher is unable to demonstrate proficient performance by the end of the intensive improvement plan, termination of the teacher's employment may be recommended by the evaluator to the teacher's supervisor."
SECTION 6. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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