PRIOR PRINTER'S NO. 939
PRINTER'S NO. 982
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
756
Session of
2017
INTRODUCED BY DINNIMAN, EICHELBERGER, GORDNER, DiSANTO, WHITE,
YUDICHAK, RAFFERTY, MARTIN, BROOKS, HUTCHINSON, SABATINA,
RESCHENTHALER, McGARRIGLE, BLAKE, KILLION, MENSCH, VOGEL,
WAGNER, BAKER, GREENLEAF, VULAKOVICH, LEACH, SCHWANK, FOLMER,
HAYWOOD, McILHINNEY, BARTOLOTTA, SCAVELLO, LANGERHOLC,
TOMLINSON, LAUGHLIN, ALLOWAY, REGAN, YAW, STEFANO AND BROWNE,
JUNE 13, 2017
SENATOR EICHELBERGER, EDUCATION, AS AMENDED, JUNE 19, 2017
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in preliminary provisions, providing
for assessments for Federal accountability; in duties and
powers of boards of school directors, further providing for
publication of rules, regulations and policies; in
professional employees, further providing for rating system;
and, in high schools, further providing for high school
certificates.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 121.1. Assessments for Federal Accountability.--(a)
Beginning with the 2017-2018 school year, the department shall
no longer:
(1) Develop, implement, maintain or provide to any school
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entity the Keystone Exams.
(2) Maintain contracts with any vendor for any services
related to the Keystone Exams.
(3) Advise any school entity to offer the Keystone Exams to
any student for any purpose whatsoever.
(4) Require the Keystone Exams as a Statewide assessment for
reporting purposes or any other purpose whatsoever.
(b) During the 2017-2018 school year, the department shall
identify for inclusion in the State plan and reporting Federal
accountability, and to use as the baseline measure for student
growth, the following assessments to be administered as
appropriate:
(1) The Preliminary Scholastic Aptitude Test, which shall be
administered in the fall of grade ten. Data obtained from the
test shall be used for measurements that require data from
academic assessments required under section 1111(b)(2)(B)(v)(I)
(bb) and (II)(cc) of ESSA (20 U.S.C. § 6311(b)(2)(B)(v)(I)(bb)
and (II)(cc)) and, as appropriate, in other areas of
measurement.
(2) The Pennsylvania System of School Assessment test. Data
obtained from the test shall be used for measurements that
require data from academic assessments required for grades three
through eight and, as appropriate, in other areas of
measurement.
(3) The Pennsylvania Alternate System of Assessment,
provided that those students with individualized education plans
may attain the academic standards by completion of their
individualized education programs under the Individuals with
Disabilities Education Act. Data obtained from the test shall be
used for measurements that require data from academic
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assessments required under section 1111(b)(2)(D) of ESSA (20
U.S.C. § 6311(b)(2)(D)) and, as appropriate, in other areas of
measurement.
(c) (1) A task force is established to review and evaluate
the Pennsylvania System of School Assessment test to determine
whether or not its continued use in testing and measuring grades
three through eight for the purposes of Federal accountability
is appropriate, and:
(i) if the task force determines that continued use is
appropriate, determine a course to reduce the testing time
currently required for the Pennsylvania System of School
Assessment test; or
(ii) if the task force determines that continued use is not
appropriate, determine an alternative test to administer for
grades three through eight.
(2) The task force shall be composed of the following:
(i) The Secretary of Education or a designee.
(ii) Members representative of educators, parents and
community leaders as follows:
(A) Four members appointed by the chair and minority chair
of the Education Committee of the Senate.
(B) Four members appointed by the chair and minority chair
of the Education Committee of the House of Representatives.
(3) The task force shall submit a report of its findings and
recommendations no later than six months after the effective
date of this section to the following:
(i) The Governor.
(ii) The Secretary of Education.
(iii) The State board.
(iv) The President pro tempore of the Senate.
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(v) The Majority Leader of the Senate.
(vi) The Minority Leader of the Senate.
(vii) The Education Committee of the Senate.
(viii) The Speaker of the House of Representatives.
(ix) The Majority Leader of the House of Representatives.
(x) The Minority Leader of the House of Representatives.
(xi) The Education Committee of the House of
Representatives.
(d) (1) For an assessment listed in subsection (b) that the
department has not established a score that a student must
attain to demonstrate federally established accountability
levels or for inclusion in the State plan, the department shall
establish and submit the same to the State board for action by
the State board. The department shall establish, at the time it
establishes scores for the PSAT, separate scores for separate
uses of the PSAT, which shall be used in comparison data
measurements from the baseline. The scores shall be developed
for comparison with federally required academic assessments
under section 1111(b)(2)(B)(v)(I)(bb) and (II)(cc) of ESSA and,
as appropriate, for inclusion in other areas of measurement. The
score established for the PSAT for comparison measurements with
federally required academic assessments in section 1111(b)(2)(B)
(v)(II)(cc) of ESSA shall be based on the questions within the
verbal and math PSAT that focus on the science.
(2) The State board must approve or disapprove within sixty
(60) days of submission by the department to the office of the
State board or at its next regular scheduled meeting, whichever
is sooner, the score for each federally established
accountability level that a student must attain on each approved
assessment. Failure of the State board to approve or disapprove
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the submission within the time established under this section
shall be deemed an approval.
(e) (1) Beginning with the 2018-2019 school year, to comply
with ESSA or its regulations, or any subsequent waiver or
subsequent act of Congress related thereto that requires
assessment for the purpose of Federal accountability, the
department shall identify the following assessments as a set of
high-quality student academic assessments to be used, as
appropriate, for inclusion in the State plan and reporting
Federal accountability as required under ESSA:
(i) The Pennsylvania System of School Assessment test or an
alternative test prescribed by the task force under subsection
(c) to meet Federal accountability requirements for grades three
through eight.
(ii) The PSAT, which shall be administered in the fall of
grade ten.
(iii) The Scholastic Aptitude Test for verbal and math
skills. Although a student may take the written part of the SAT
for verbal skills at the student's expense, no written part of
the SAT shall be required under this subclause.
(iv) The armed forces qualification test.
(v) A competency assessment or certification for a student
who, by the end of a reporting year, is reported as successfully
completing at least fifty per centum (50%) of the minimum
technical instructional hours required under 22 Pa. Code Ch. 339
(relating to vocational education), related to the student's
program of study. The assessment may include a National
Occupational Competency Testing Institute exam, an assessment
based on the National Institute for Metalworking Skills
standards or any other industry-based competency assessment
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identified by the Secretary of Education and approved by the
State board as demonstrating a high likelihood of readiness for
continued meaningful engagement in the student's program of
study.
(vi) The Pennsylvania Alternate System of Assessment to meet
Federal accountability requirements of an assessment designed
for students with the most significant cognitive disabilities.
However, students with individualized education plans may attain
the academic standards by completion of their individualized
education programs under the Individuals with Disabilities
Education Act.
(2) (i) For an assessment listed in clause (1) for which
the department has not established a score that a student must
attain to demonstrate federally established accountability
levels or for inclusion in the State plan, the department shall
establish and submit the same to the State board for action by
the State board. The department shall establish, at the time it
establishes scores for the PSAT, if it has not already done so,
separate scores for separate uses of the PSAT, which shall be
used in comparison data measurements from the baseline. The
scores shall be developed for comparison with federally required
academic assessments under section 1111(b)(2)(B)(v)(I)(bb) and
(II)(cc) of ESSA and, as appropriate, for inclusion in other
areas of measurement. The score established for the PSAT for
comparison measurements with federally required academic
assessments under section 1111(b)(2)(B)(v)(II)(cc)) of ESSA,
shall be based on the questions within the verbal and math PSAT
that focus on the science.
(ii) The State board must approve or disapprove within sixty
(60) days of submission by the department to the office of the
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State board or at its next regular scheduled meeting, whichever
is sooner, the score for each federally established
accountability level that a student must attain on each approved
assessment. Failure of the State board to approve or disapprove
the submission within the time established under this section
shall be deemed an approval.
(3) Every five years the department shall request
competitive bids and shall contract for the assessments required
in this subsection.
(f) An assessment used for the purposes of Federal
accountability under subsection (e) or any score of a student on
the assessment:
(1) Shall not be used as a requirement for high school
graduation.
(2) Shall be administered one time per school year for the
purpose of meeting the Federal accountability requirements with
one make-up date provided for a student unable to participate on
the originally scheduled date. A school entity may select a date
to make up an assessment under this clause that is a Saturday or
during a school year vacation period.
(3) Shall not be retaken by any student.
(4) Shall not be required to be taken by a student, if the
student has met the Federal accountability requirements by
taking another approved assessment under subsection (b) in the
same content area for the respective grade.
(5) Shall not exceed two instructional days to administer
when administered to meet the Federal accountability requirement
for grades nine through twelve. However, when administered for
students with the most significant cognitive disabilities,
administration shall not exceed three instructional days.
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(6) Shall not exceed sixty per centum (60%) of the testing
time currently required for the Pennsylvania System of School
Assessment test when administered to meet the Federal
accountability requirements for grades three through eight.
(7) Shall be scored and returned to the school entity within
thirty (30) days when administered to meet the Federal
accountability requirement for grades nine through twelve.
(8) Shall be part of an assessment system that does the
following:
(i) Provides practice for all students.
(ii) Provides scholarship opportunities.
(iii) Provides actionable score reports.
(iv) Is useful for instructional support and identifying
learning needs.
(v) Provides information on readiness for advanced
coursework, including STEM courses when administered to measure
verbal or math skills for grades nine through twelve.
(9) May be used for diagnostic purposes to assess student
improvement and growth.
(10) Shall be used as part of a rigorous system of teacher
evaluation and school performance, in accordance with section
1123.
(g) Each school entity shall determine the assessment from
subsection (e)(1)(ii), (iii), (iv), (v) or (vi) to submit to the
department for the purpose of Federal accountability for any
student who, by the end of a reporting year, is reported as
successfully completing at least fifty per centum (50%) of the
minimum technical instructional hours required under 22 Pa. Code
Ch. 339 related to the student's program of study.
(h) A school entity's governing board shall adopt a policy
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that provides that the parent or guardian of a student may
request that the student be exempt from taking an assessment
that is required for the purpose of Federal accountability as
permitted under ESSA. The policy shall provide that parents and
guardians of students receive written notice of the option for a
student to be exempt from taking the assessment and that the
exemption shall be permitted upon the school entity's receipt of
a written request from the parent or guardian of the student. A
substitute assessment or an alternative assessment, course or
program may not be required of a student exempted under this
section. Grounds for exemption in the school entity's policy
shall include, but not be limited to:
(1) Religious grounds.
(2) The basis of a strong moral or ethical conviction
similar to a religious belief.
(3) Philosophical grounds.
(4) Privacy concerns.
(5) Health concerns for the child, which may include stress
and anxiety in preparation for the assessment.
(i) Scores achieved on an assessment used for the purposes
of Federal accountability under subsection (e) shall not be
included on student transcripts unless inclusion of the score on
the student's transcript is requested by the parent or guardian
of the student. A school entity's governing board shall adopt a
policy that provides that the parent or guardian of a student
has the option of including the student's score on an assessment
required for the purposes of Federal accountability for grades
nine through twelve on the transcript of the student. The policy
shall provide that parents and guardians of students receive
written notice of the option to include the student's assessment
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score on the student's transcript and that inclusion of the
assessment score on the transcript shall be permitted upon the
school entity's receipt of a written request from the parent or
guardian of the student.
(j) All regulations and parts of regulations are abrogated
insofar as they are inconsistent with this section.
(k) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Department" shall mean the Department of Education of the
Commonwealth.
"ESSA" shall mean the reauthorization of the Elementary and
Secondary Education Act of 1965 (Public Law 89-10, 20 U.S.C. §
6301 et seq.), known as the Every Student Succeeds Act (Public
Law 114-95, 129 Stat. 1802).
"Individuals with Disabilities Education Act" shall mean the
Individuals with Disabilities Education Act (Public Law 91-230,
20 U.S.C. § 1400 et seq.)
"Preliminary Scholastic Aptitude Test" or "PSAT" shall mean
the nationally recognized preliminary SAT developed by the
college board and cosponsored by the national merit scholarship
corporation.
"Scholastic Aptitude Test" or "SAT" shall mean the nationally
recognized college and career readiness assessment developed by
the college board.
"School entity" shall include a school district, intermediate
unit, joint school, area vocational-technical school, charter
school or cyber charter school.
"State board" shall mean the State Board of Education.
"State plan" shall mean the State plan prepared by the
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department for the Commonwealth to implement the ESSA and
submitted to the United States Secretary of Education for
approval, as provided in section 1005 of the ESSA.
"Task force" shall mean the task force established under
subsection (c).
Section 2. Section 510.2(5) of the act, added July 13, 2016
(P.L.716, No.86), is amended to read:
Section 510.2. Publication of Rules, Regulations and
Policies.--The board of school directors of a school district
shall post on its publicly accessible Internet website the
following rules, regulations and policies to the extent that
they are required to be adopted by the school district under
Federal or State law:
* * *
(5) The following relating to community:
(i) Public participation in school board meetings.
(ii) Public attendance at school events.
(iii) Parental involvement policy for parents and guardians
of students participating pursuant to section 1118 of the
Elementary and Secondary Education Act of 1965 (Public Law 89-
10, 20 U.S.C § 6318).
(iv) Public access to and use of school district buildings,
facilities and grounds.
(v) Public complaint process.
(vi) Parent and student review policies related to teacher
evaluations under section 1123(b)(1)(iii)(B)(I)(aa).
Section 3. Section 1123 of the act is amended to read:
Section 1123. Rating System.--(a) In determining whether a
professional employe shall be dismissed for incompetency or
unsatisfactory teaching performance as provided for in section
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1122(a) of this act, and in rating professional employes and
temporary professional employes, all professional employes and
temporary professional employes shall be rated through the use
of an approved rating tool developed by the Secretary of
Education in consultation with education experts, parents of
school-age children enrolled in a public school, teachers and
administrators, including research and collaboration conducted
by the department.
(b) For professional employes and temporary professional
employes who serve as classroom teachers, the following shall
apply:
(1) [Beginning in the 2013-2014 school year, the] The
evaluation of the effectiveness of professional employes and
temporary professional employes serving as classroom teachers
shall give due consideration to the following:
[(i) Classroom observation and practice models that are
related to student achievement in each of the following areas:
(A) Planning and preparation.
(B) Classroom environment.
(C) Instruction.
(D) Professional responsibilities.
(ii) Student performance, which shall comprise fifty per
centum (50%) of the overall rating of the professional employe
or temporary professional employe serving as a classroom teacher
and shall be based upon multiple measures of student
achievement. The fifty per centum (50%) shall be comprised of
the following:
(A) Fifteen per centum (15%) building-level data, including,
but not limited to, all of the following:
(I) Student performance on assessments.
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(II) Value-added assessment system data made available by
the department under section 221.
(III) Graduation rate as reported to the department under
section 222.
(IV) Promotion rate.
(V) Attendance rate as reported to the department under
section 2512.
(VI) Advanced placement course participation.
(VII) Scholastic aptitude test and preliminary scholastic
aptitude test data.
(B) Fifteen per centum (15%) teacher-specific data,
including, but not limited to, student achievement attributable
to a specific teacher as measured by all of the following:
(I) Student performance on assessments.
(II) Value-added assessment system data made available by
the department under section 221.
(III) Progress in meeting the goals of student
individualized education plans required under the Individuals
With Disabilities Education Act (Public Law 91-230, 20 U.S.C. §
1400 et seq.).
(IV) Locally developed school district rubrics.
(C) Twenty per centum (20%) elective data, including
measures of student achievement that are locally developed and
selected by the school district from a list approved by the
department and published in the Pennsylvania Bulletin by June 30
of each year, including, but not limited to, the following:
(I) District-designed measures and examinations.
(II) Nationally recognized standardized tests.
(III) Industry certification examinations.
(IV) Student projects pursuant to local requirements.
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(V) Student portfolios pursuant to local requirements.
(2) (i) No later than June 30, 2013, the department shall
develop, issue and publish in the Pennsylvania Bulletin a rating
tool for professional employes and temporary professional
employes serving as classroom teachers that is consistent with
this subsection and includes the weights given to the multiple
measures of student performance contained in clause (1)(ii).
(ii) Following publication, the rating tool developed under
this subsection shall be used in the rating of all professional
employes and temporary professional employes serving as
classroom teachers.
(iii) After June 30, 2013, any changes to the rating tool
developed under this subsection shall be made by the State Board
of Education through regulations promulgated under the act of
June 25, 1982 (P.L.633, No.181), known as the "Regulatory Review
Act."]
(i) (A) Thirty per centum (30%) FORTY PER CENTUM (40%) of
the overall rating of the professional employe or temporary
professional employe serving as a classroom teacher shall
include classroom observations and practice models that are
related to student achievement in each of the following areas:
(I) Planning and preparation.
(II) Classroom environment.
(III) Instruction.
(IV) Professional responsibilities.
(B) Classroom observations of teachers under this subclause
shall be performed:
(I) Once annually by the principal in conjunction with the
SHALL BE PERFORMED ONCE ANNUALLY BY THE PRINCIPAL IN CONJUNCTION
WITH THE school district superintendent or, if so directed by
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the school district superintendent, an assistant administrator,
provided that no unsatisfactory rating shall be valid unless
approved by the school district superintendent.
(II) Once annually by a third party evaluator, who shall be
contracted with by the intermediate unit in which the school
district is located.
(C) A classroom observation used for teacher evaluation
shall be conducted no earlier in the school year than January 1.
(D) Classroom observations in paragraph (B)(I) and (II) (B)
shall be equally weighted in determining the total classroom
observation rating under paragraph (A).
(ii) Student growth and performance shall comprise fifty per
centum (50%) of the overall rating of the professional employe
or temporary professional employe serving as a classroom teacher
and shall be based upon multiple measures of student
achievement. The fifty per centum (50%) shall be comprised of
measures of student achievement that are attributable to a
specific teacher as follows:
(A) For a teacher providing instruction in a core subject
measurable by an assessment in section 121.1, thirty per centum
(30%) TWENTY PER CENTUM (20%) of the overall rating shall be
based on teacher-specific data on student achievement on
assessment. The remaining twenty per centum (20%) THIRTY PER
CENTUM (30%) shall be based on the factors in paragraph (C).
(B) For a teacher not providing instruction in a core
subject measurable by an assessment in section 121.1, fifty per
centum (50%) of the overall rating shall be based upon the
factors in paragraph (C).
(C) The factors locally developed and designed by a school
district shall include:
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(I) Student growth, as measured by either value-added
assessment system data made available by the department under
section 221 or value-added measures made available by the school
district under local requirements.
(II) Progress in meeting the goals of student individualized
education plans required under the Individuals with Disabilities
Education Act (Public Law 91-230, 20 U.S.C. § 1400 et seq.) and
Statewide alternate assessments designed for students with
significant cognitive disabilities.
(III) Locally developed school district rubrics related to
developing students' critical thinking, creativity and
collaboration skills.
(IV) Student portfolios pursuant to local requirements.
(iii) Ten per centum (10%) of the overall rating of the
professional employe or temporary professional employe serving
as a classroom teacher shall be comprised of parental and
student reviews. The ten per centum (10%) shall be comprised of
the following:
(A) In kindergarten through fifth EIGHTH grade, five per
centum (5%) of the overall rating shall be based upon PARENTAL
INPUT THAT MAY INCLUDE MULTIPLE PARENT ENGAGEMENT INSTRUMENTS,
INCLUDING, BUT NOT LIMITED TO, a survey instrument to be
completed by parents and designed under paragraph (C), and five
per centum (5%) of the overall rating shall be based upon a
rubric developed by the school district that is related to
parent and teacher communication, engagement and performance .
THAT MAY INCLUDE A MEASURE FOR AN AGE-APPROPRIATE SURVEY
INSTRUMENT TO BE DEVELOPED BY THE LOCAL SCHOOL DISTRICT AND
COMPLETED BY THE STUDENTS WHO ARE PROVIDED INSTRUCTION BY THE
TEACHER. During the 2017-2018 school year, the school district
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superintendent shall develop and submit the proposed rubric AND
SURVEY INSTRUMENT TO BE COMPLETED BY STUDENTS IF A PART OF THE
PROPOSED RUBRIC, to the board of school directors for approval
at a public meeting held within sixty (60) days after the school
district superintendent submits the proposed rubric to the
board.
(B) In sixth NINTH through twelfth grades, five per centum
(5%) of the overall rating shall be based on PARENTAL INPUT THAT
MAY INCLUDE MULTIPLE PARENT ENGAGEMENT INSTRUMENTS, INCLUDING,
BUT NOT LIMITED TO, a survey instrument to be completed by
parents and designed under paragraph (C), and five per centum
(5%) of the overall rating shall be based on a survey instrument
to be developed by the local school district and to be completed
by the students who are provided instruction by the teacher. The
survey instrument to be completed by a student shall be
developed as follows:
(I) During the 2017-2018 school year, the school district
superintendent shall develop and submit the proposed survey
instrument to the board of school directors for approval at a
public meeting held within sixty (60) days after the school
district superintendent submits the proposed survey instrument
to the board.
(II) The survey instrument shall include a comment section
for additional written response.
(C) The survey instrument T HAT MAY BE PROVIDED TO PARENTS
FOR INPUT AS A PART OF MULTIPLE PARENT ENGAGEMENT INSTRUMENTS
UNDER PARAGRAPHS (A) AND (B) shall be developed by the
department to score teacher performance. The survey instrument
shall include a comment section for additional written response.
The score shall be on a one hundred (100) point scale derived
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from the following equally weighted questions:
(I) The overall parental satisfaction with the performance
of the teacher.
(II) Whether the teacher engages in frequent and informative
communications with the parent about student progress,
attendance, behavior, curriculum topics and objectives.
(III) Whether the teacher is approachable and open to
parental input.
(IV) Whether the teacher maintains a classroom environment
in which the student feels safe.
(V) Whether the teacher administers discipline appropriately
and consistently.
(VI) Whether the teacher provides the student and the parent
or guardian with information about classroom expectations and
support for learning at home.
(VII) Whether the teacher knows the content area and how to
teach it.
(VIII) Whether the teacher treats the student and parent or
guardian with respect and care.
(IX) Whether the teacher acknowledges individual needs and
provides appropriate individual assistance to engage the student
in learning.
(X) Whether the teacher has knowledge of and serves the
needs of the communities located within the school district.
(iv) Ten per centum (10%) of the overall rating of a
classroom teacher shall be comprised of a survey instrument to
be completed by peer teachers. The survey shall be developed and
designed by the department. The score shall be on a one hundred
(100) point scale derived from the following equally weighted
factors:
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(A) Whether a classroom teacher collaborates with the
teacher's peers to improve instructional pedagogy, strengthen
understanding of curriculum content and work together to improve
student learning.
(B) Whether a classroom teacher utilizes additional
classroom resources such as online learning materials that are
aligned to assessments in section 121.1.
(C) Whether a classroom teacher is open and responsive to
the needs of other classroom teachers at the school and works
together with other classroom teachers to create an educational
environment in which all students can learn.
(D) The performance of a classroom teacher related to
planning and preparation, classroom environment, instruction and
professional responsibilities.
(E) The overall performance of the classroom teacher.
(2) (i) Prior to the 2018-2019 school year, the department
shall develop, issue and publish in the Pennsylvania Bulletin a
rating tool for professional employes and temporary professional
employes serving as classroom teachers for purposes of this
subsection and section 121.1, which includes the weights given
to the multiple measures of student performance contained in
clause (1)(ii).
(ii) Following publication, the rating tool developed under
this subsection shall be used in the rating of all professional
employes and temporary professional employes serving as
classroom teachers.
(c) For professional employes and temporary professional
employes serving as principals, the following shall apply:
(1) Beginning in the [2014-2015] 2018-2019 school year,
principal effectiveness shall be measured using a rating tool
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designed specifically for professional employes and temporary
professional employes serving as principals [which shall give
due consideration to the following:
(i) Planning and preparation.
(ii) School environment.
(iii) Delivery of service.
(iv) Professional development.
(v) Student performance, pursuant to clause (2).
(2) Student performance shall be measured as provided in
subsection (b)(1)(ii) for professional employes and temporary
professional employes supervised by the principal and shall
comprise fifty per centum (50%) of the principal's overall
rating. The fifty per centum (50%) shall be comprised of the
following:
(A) Fifteen per centum (15%) building-level data, including,
but not limited to, all of the following:
(I) Student performance on assessments.
(II) Value-added assessment system data made available by
the department under section 221.
(III) Graduation rate as reported to the department under
section 222.
(IV) Promotion rate.
(V) Attendance rate as reported to the department under
section 2512.
(VI) Advanced placement course participation.
(VII) Scholastic aptitude test and preliminary scholastic
aptitude test data.
(B) Fifteen per centum (15%) correlation data based on
teacher-level measures.
(C) Twenty per centum (20%) elective data, including
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measures of student achievement that are locally developed and
selected by the school district from a list approved by the
department and published in the Pennsylvania Bulletin by June 30
each year, which shall include, but not be limited to, the
following:
(I) District-designed measures and examinations.
(II) Nationally recognized standardized tests.
(III) Industry certification examinations.
(IV) Student projects pursuant to local requirements.
(V) Student portfolios pursuant to local requirements.
(3) (i) No later than June 30, 2014, the department shall
develop, issue and publish in the Pennsylvania Bulletin a rating
tool for professional employes and temporary professional
employes serving as principals that is consistent with this
subsection and includes the weights given to the multiple
measures of student performance contained in clause (2).
(ii) Following publication, the rating tool developed under
this subsection shall be used in the rating of all principals
superseding all other rating cards and forms used previously.
(iii) After June 30, 2014, any changes to the rating tool
developed under this subsection shall be made by the State Board
of Education through regulations promulgated under the
"Regulatory Review Act."]
as follows:
(i) (A) Fifty per centum (50%) of the principal's overall
rating shall give due consideration to the following:
(A) (I) Planning and preparation.
(B) (II) School environment.
(C) (III) Delivery of service.
(D) (IV) Professional development.
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(B) TEN PER CENTUM (10%) OF THE PRINCIPAL'S OVERALL RATING
SHALL BE BASED ON PARENT INPUT RELATED TO PRINCIPAL PERFORMANCE
THAT MAY INCLUDE MULTIPLE PARENT ENGAGEMENT INSTRUMENTS,
INCLUDING, BUT NOT LIMITED TO, A SURVEY INSTRUMENT TO BE
COMPLETED BY PARENTS OF STUDENTS WITHIN THE SCHOOL. THE SURVEY
INSTRUMENT SHALL BE DEVELOPED BY THE DEPARTMENT TO SCORE
PRINCIPAL PERFORMANCE AND SHALL INCLUDE A COMMENT SECTION FOR
ADDITIONAL WRITTEN RESPONSE. THE SCORE SHALL BE ON A ONE HUNDRED
(100) POINT SCALE DERIVED FROM THE FOLLOWING EQUALLY WEIGHTED
QUESTIONS:
(I) THE OVERALL PARENTAL SATISFACTION WITH THE PERFORMANCE
OF THE PRINCIPAL.
(II) WHETHER THE PRINCIPAL ENGAGES IN FREQUENT AND
INFORMATIVE COMMUNICATION WITH THE PARENT ABOUT THE SCHOOL
VISION AND THE IMPLEMENTATION OF A PLAN TO ACHIEVE THE SCHOOL
VISION.
(III) WHETHER THE PRINCIPAL IS APPROACHABLE AND OPEN TO
PARENTAL INPUT.
(IV) WHETHER THE PRINCIPAL MAINTAINS A SCHOOL ENVIRONMENT IN
WHICH STUDENTS FEEL SAFE.
(V) WHETHER THE PRINCIPAL ADMINISTERS DISCIPLINE
APPROPRIATELY AND CONSISTENTLY.
(VI) WHETHER THE PRINCIPAL PROVIDES STUDENTS AND PARENTS
WITH INFORMATION ABOUT SCHOOL EXPECTATIONS AND SUPPORT FOR
LEARNING AT HOME.
(VII) WHETHER THE PRINCIPAL TREATS STUDENTS AND PARENTS WITH
RESPECT AND CARE.
(VIII) WHETHER THE PRINCIPAL ACKNOWLEDGES INDIVIDUAL NEEDS
AND PROVIDES APPROPRIATE INDIVIDUAL ASSISTANCE TO ENGAGE
STUDENTS WITHIN THE SCHOOL.
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(IX) WHETHER THE PRINCIPAL HAS KNOWLEDGE OF AND SERVES THE
NEEDS OF THE COMMUNITIES LOCATED WITHIN THE SCHOOL DISTRICT.
(X) WHETHER THE PRINCIPAL SUPPORTS ALL PROFESSIONAL EMPLOYES
AND NONPROFESSIONAL EMPLOYES WITH RESPECT AND OPPORTUNITY FOR
PROFESSIONAL DEVELOPMENT.
(ii) Fifty per centum (50%) of the principal's overall
rating shall be comprised of teacher ratings and student growth
and performance as provided in subsection (b)(1) for
professional employes and temporary professional employes
supervised by the principal. The fifty per centum (50%) shall be
comprised of the following:
(A) Twenty per centum (20%) OF THE PRINCIPAL'S OVERALL
RATING SHALL BE COMPRISED OF building-level data, which shall
include all of the following:
(I) Student performance on assessments under section 121.1.
(II) Graduation rate as reported to the department under
section 222.
(III) Promotion rate.
(IV) Attendance rate as reported to the department under
section 2512.
(V) Advanced placement course participation.
(B) Ten per centum (10%) , which OF THE PRINCIPAL'S OVERALL
RATING shall be comprised of all overall teacher ratings under
the supervision of the principal under subsection (b)(1).
(C) Five per centum (5%) shall be comprised of parental
review through a survey instrument to be completed by parents of
students within the school. The survey instrument shall be
developed by the department to score principal performance. The
survey instrument shall include a comment section for additional
written response. The score shall be on a one hundred (100)
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point scale derived from the following equally-weighted
questions:
(I) The overall parental satisfaction with the performance
of the principal.
(II) Whether the principal engages in frequent and
informative communications with the parent about the school
vision and the implementation of a plan to achieve the school
vision.
(III) Whether the principal is approachable and open to
parental input.
(IV) Whether the principal maintains a school environment in
which students feel safe.
(V) Whether the principal administers discipline
appropriately and consistently.
(VI) Whether the principal provides students and parents
with information about school expectations and support for
learning at home.
(VII) Whether the principal treats students and parents with
respect and care.
(VIII) Whether the principal acknowledges individual needs
and provides appropriate individual assistance to engage
students within the school.
(IX) Whether the principal has knowledge of and serves the
needs of the communities located within the school district.
(X) Whether the principal supports all professional and
nonprofessional employes with respect and opportunities for
professional development.
(D) Fifteen per centum (15%) (C) TWENTY PER CENTUM (20%) of
the principal's overall rating shall be comprised of elective
data, including measures of student growth and achievement that
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are locally developed and selected by the school district from a
list approved by the board of school directors at a public
meeting, five per centum (5%) TEN PER CENTUM (10%) of which
shall be comprised of a locally developed measure of whether the
principal has knowledge of and serves the needs of the
communities located within the school district, and ten per
centum (10%) of which shall include:
(I) Student growth, as measured by either value-added
assessment system data made available by the department under
section 221 or value-added measures made available by the school
district under local requirements.
(II) District-designed measures and examinations.
(III) Student projects pursuant to local requirements.
(IV) Progress in meeting the goals of student individualized
education plans required under the Individuals with Disabilities
Education Act and Statewide alternate assessments designed for
students with significant cognitive disabilities.
(3) (i) Prior to the 2018-2019 school year, the department
shall develop, issue and publish in the Pennsylvania Bulletin a
rating tool for professional employes and temporary professional
employes serving as principals for purposes of this subsection
and section 121.1, which includes the weights given to the
multiple measures of student performance contained in clause (1)
(ii).
(ii) Following publication, the rating tool developed under
this subsection shall be used in the rating of all principals,
superseding all other rating cards and forms used previously.
(d) For nonteaching professional employes, the following
shall apply:
(1) Beginning in the [2014-2015] 2018-2019 school year,
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nonteaching professional employes shall be evaluated using a
rating tool designed specifically for nonteaching professional
employes [which shall give due consideration to the following:
(i) Planning and preparation.
(ii) Educational environment.
(iii) Delivery of service.
(iv) Professional development.
(v) Student performance of all students in the school
building in which the nonteaching professional employe is
employed which shall comprise twenty per centum (20%) of the
overall rating of nonteaching professional employes and
temporary professional employes.
(2) (i) No later than June 30, 2014, the department shall
develop, issue and publish in the Pennsylvania Bulletin a rating
tool for nonteaching professional employes that is consistent
with this subsection and includes the weights given to the
multiple measures of student performance contained in clause
(1)(v).
(ii) Following publication, the rating tool developed under
this subsection shall be used in the rating of all nonteaching
professional employes.
(iii) After June 30, 2014, any subsequent changes to the
rating tool developed under this paragraph shall be made by the
State Board of Education through regulations promulgated under
the "Regulatory Review Act."]
as follows:
(i) Eighty per centum (80%) of the nonteaching professional
employe's overall rating shall give due consideration to the
following:
(A) Planning and preparation.
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(B) Educational environment.
(C) Delivery of service.
(D) Professional development.
(ii) Student performance on assessments in section 121.1 of
all students in the school building in which the nonteaching
professional employe is employed shall comprise five per centum
(5%) of the overall rating of nonteaching professional employes
and temporary professional employes.
(iii) The FIFTEEN PER CENTUM (15%) OF THE NONTEACHING
PROFESSIONAL EMPLOYE'S OVERALL RATING SHALL GIVE DUE
CONSIDERATION TO factors locally developed and designed by the
school district . THE FACTORS shall include:
(A) Student growth, as measured by either value-added
assessment system data made available by the department under
section 221 or value-added measures made available by the school
district under local requirements.
(B) Progress in meeting the goals of student individualized
education plans required under the Individuals with Disabilities
Education Act and Statewide alternate assessments designed for
students with significant cognitive disabilities.
(C) Locally developed school district rubrics related to
developing critical thinking, creativity and collaboration
skills.
(D) Student portfolios pursuant to local requirements.
(2) (i) Prior to the 2018-2019 school year, the department
shall develop, issue and publish in the Pennsylvania Bulletin a
rating tool for nonteaching professional employes that is
consistent with this subsection and includes the weights given
to the multiple measures of student performance contained in
clause (1)(ii).
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(ii) Following publication, the rating tool developed under
this subsection shall be used in the rating of all nonteaching
professional employes.
(e) Notwithstanding subsections (b), (c) and (d),
professional employes and temporary professional employes
serving as classroom teachers, principals and nonteaching
professional employes may be evaluated through the use of a
rating tool developed by an individual school district,
intermediate unit or area vocational-technical school that the
department has approved as meeting or exceeding the measures of
effectiveness established under this section.
(f) (1) Each rating tool developed or approved under this
section shall identify the overall performance rating of the
professional employes and temporary professional employes
serving as classroom teachers, principals and nonteaching
professional employes as one of the following:
(i) Distinguished.
(ii) Proficient.
(iii) Needs improvement.
(iv) Failing.
(2) An overall performance rating of either "distinguished"
or "proficient" shall be considered satisfactory.
(3) An overall performance rating of "needs improvement"
shall be considered satisfactory, except that any subsequent
overall rating of "needs improvement" issued by the same
employer within ten (10) years of the first overall performance
rating of "needs improvement" where the employe is in the same
certification shall be considered unsatisfactory.
(4) An overall performance rating of "failing" shall be
considered unsatisfactory.
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(5) An overall performance rating of "needs improvement" or
"failing" shall require the employe to participate in a
performance improvement plan. No employe shall be rated "needs
improvement" or "failing" based solely upon student test scores.
Prior to the beginning of the school year after an employe is
rated "needs improvement" or "failing" and is required to
participate in a performance improvement plan, the school
district shall develop the performance improvement plan in
consultation with the employe. The performance improvement plan
shall be implemented at the beginning of the school year after
an employe is rated "needs improvement" or "failing." The
employe shall be deemed "unsatisfactory" if the employe does not
receive a "distinguished" or "proficient" rating by the end of
the school year in which the performance improvement plan is
implemented.
(6) The department shall develop a rating scale to reflect
student performance measures and employe observation results and
establish overall score ranges for each of the four rating
categories contained in clause (1).
(g) Upon publication in the Pennsylvania Bulletin of a
rating tool developed under this section, the rating cards set
forth in 22 Pa. Code § 351.21 (relating to rating form) and any
alternative rating forms approved pursuant to 22 Pa. Code Ch.
351 (relating to teacher tenure hearings) prior to the
implementation of this section shall be discontinued for use in
the evaluation of professional and temporary professional
employes.
(h) The following shall apply to the ratings of all
professional employes and temporary professional employes:
(1) All ratings shall be completed using the rating tools
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developed or approved under this section.
(2) Professional employes shall be rated at least annually
and temporary professional employes shall be rated at least
twice annually.
(3) [Ratings] Overall ratings shall be performed by or under
the supervision of the chief school administrator or, if so
directed by the chief school administrator, by an assistant
administrator, a supervisor or a principal who has supervision
over the work of the professional employe or temporary
professional employe being rated, provided that no
unsatisfactory rating shall be valid unless approved by the
chief school administrator.
(4) No employe shall be dismissed under section 1122 unless
the employe has been provided a completed rating tool provided
for under this section, which includes a description based upon
classroom observations of deficiencies in practice supported by
detailed anecdotal records that justify the unsatisfactory
rating.
(i) All school districts, intermediate units and area
vocational-technical schools shall provide to the department the
aggregate results of all professional employe and temporary
professional employe, principal and nonteaching professional
employe evaluations.
(j) [(1)] Any rating tool developed by the Department of
Education under this section shall be exempt from:
(i) Sections 201, 202, 203, 204 and 205 of the act of July
31, 1968 (P.L.769, No.240), referred to as the "Commonwealth
Documents Law."
(ii) Section 204(b) of the act of October 15, 1980 (P.L.950,
No.164), known as the "Commonwealth Attorneys Act."
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(iii) The act of June 25, 1982 (P.L.633, No.181), known as
the "Regulatory Review Act."
[(2) This subsection shall not apply to any changes made to
a rating tool or new rating tool developed by the State Board of
Education pursuant to subsections (b)(2)(iii), (c)(3)(iii) and
(d)(2)(iii).]
(k) The State Board of Education [may] shall develop
standards or regulations consistent with this section.
[(l) (1) The department's duty to develop a rating tool
under subsection (b)(2) shall expire on June 30, 2013.
(2) The department's duty to develop rating tools under
subsections (c)(3) and (d)(2) shall expire on June 30, 2014.]
(m) No collective bargaining agreement negotiated by a
school district and an exclusive representative of the employes
in accordance with the act of July 23, 1970 (P.L.563, No.195),
known as the "Public Employe Relations Act," after the effective
date of this subsection shall provide for a rating system other
than as provided for in this section. A provision in any
agreement or contract in effect on the effective date of this
subsection that provides for a rating system in conflict with
this section shall be discontinued in any new or renewed
agreement or contract or during the period of status quo
following an expired contract.
(n) The requirements of this section shall apply to all
school districts, intermediate units and area vocational-
technical schools.
(o) For purposes of this section:
(1) The term "assessment" shall mean the Pennsylvania System
of School Assessment test, [the Keystone Exam] all other
assessments listed under section 121.1, an equivalent local
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assessment or another test established by the State Board of
Education to [meet the requirements of section
2603-B(d)(10)(i) and required under the No Child Left Behind Act
of 2001 (Public Law 107-110, 115 Stat. 1425) or its successor
statute] comply with the Every Student Succeeds Act (Public Law
114-95, 129 Stat. 1802) and its regulations, or any subsequent
waiver or subsequent act of Congress related thereto, that
requires assessment for the purpose of Federal accountability or
required to achieve other standards established by the
department for the school or school district under 22 Pa. Code §
403.3 (relating to single accountability system).
(2) The term "chief school administrator" shall include
individuals who are employed as a school district
superintendent, an executive director of an intermediate unit or
a chief school administrator of an area vocational-technical
school.
(3) The term "classroom teacher" shall mean a professional
employe or temporary professional employe who provides direct
instruction to students related to a specific subject or grade
level.
(4) The term "department" shall mean the Department of
Education of the Commonwealth.
(5) The term "education specialist" shall have the meaning
given to it under the act of December 12, 1973 (P.L.397,
No.141), known as the "Professional Educator Discipline Act."
(6) The term "nonteaching professional employe" shall mean
an education specialist or a professional employe or temporary
professional employe who provides services other than classroom
instruction.
(6.1) The term "parent" shall mean an individual who is a
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birth parent whose rights have not been terminated, custodial
parent, designated guardian, guardian ad litem of the child,
foster parent, legal custodian, legal guardian, noncustodial
parent, adoptive parent, preadoptive parent or relative
providing care for the child if the relative is registered with
the school as a contact, subject to any laws pertaining to
minors, emancipation or termination of parental rights, court
orders or any other laws designed for the protection of a child.
(7) The term "performance improvement plan" shall mean a
plan, designed by a district with input of the employe, that may
include mentoring, coaching, recommendations for professional
development and intensive supervision based on the contents of
the rating tool provided for under this section.
(8) The term "principal" shall include a building principal,
an assistant principal, a vice principal or a director of
vocational education.
(9) The term "third-party evaluator" shall mean a retired
teacher, principal or any other school administrator who has
extensive experience in the classroom or in school
administration and has been approved by the department as
qualified to conduct classroom observations. The department
shall determine the qualifications of the evaluator, which shall
include, but not be limited to, the following:
(i) A letter of eligibility or certification obtained prior
to retirement in the grade levels or subject area of the
classroom to be evaluated.
(ii) Never having been employed by the school district where
classroom observation will occur.
(iii) Factors evidencing reputation such as high
recommendations and distinguished ratings under subsection (f)
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(1)(i), if applicable.
(iv) Other relevant qualifications as determined by the
department.
(p) An employe's individual rating form shall not be subject
to disclosure under the act of February 14, 2008 (P.L.6, No.3),
known as the "Right-to-Know Law."
Section 4. Section 1613 of the act is amended by adding a
subsection to read:
Section 1613. High School Certificates.--* * *
(a.1) The board of school directors, joint board or joint
school committee operating any high school shall not at any time
approve or permit the use of, any assessment that is used for
the purpose of Federal accountability, as a requirement for high
school graduation or for any other purpose prohibited in section
121.1.
* * *
Section 5. This act shall take effect immediately.
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