THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY AUMENT, CLYMER, BEAR, BLOOM, BOYD, CREIGHTON, CUTLER, DAY, DENLINGER, J. EVANS, FARRY, GINGRICH, GROVE, HARRIS, HELM, HICKERNELL, KILLION, LAWRENCE, MAHER, MALONEY, METCALFE, QUIGLEY, REICHLEY, ROCK, SCHRODER, SWANGER, TALLMAN, TRUITT AND MILLER, OCTOBER 31, 2011

AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 16, 2011   

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 professional employees, further

providing for rating system.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1123 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949,

amended March 29, 1996 (P.L.47, No.16), 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

1122(a) of this act, and in rating [the services of a temporary

professional employe, the professional employe or temporary

professional employe shall be rated by an approved rating system

which shall give due consideration to personality, preparation,

technique, and pupil reaction, in accordance with standards and

regulations for such scoring as defined by rating cards to be

prepared by the Department of Education, and to be revised, from

time to time, by the Department of Education with the

cooperation and advice of a committee appointed by the Secretary

of Education, including representation from district

superintendents of schools, classroom teachers, school

directors, school supervisors, parents of school-age children

enrolled in a public school, a representative from a college or

department of education within a higher education institution

located within this Commonwealth, and such other groups or

interests as the Secretary of Education may deem appropriate.

Rating shall be done by or under the supervision of the

superintendent of schools or, if so directed by him, the same

may be done by an assistant superintendent, a supervisor, or a

principal, who has supervision over the work of the professional

employe or temporary professional employe who is being rated:

Provided, That no unsatisfactory rating shall be valid unless

approved by the district superintendent.] 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

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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 2012-2013 2013-2014 school year, the

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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 at least 

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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, including, but not limited to all of the following:

(A)  Performance on assessments.

(B)  Value-added assessment system data made available by the

department under section 221.

(C)  For subjects and grade levels not measured by

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assessments, measures Measures of student achievement that are

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approved by the department, a list of which the department shall

publish in the Pennsylvania Bulletin by June 30 of each year,

and which may include, but need not be limited to:

(I)  Other standardized tests, including nationally

recognized standardized tests.

(II)  Industry certification examinations.

(III)  Examinations that have been developed or selected by

the school district and approved by the department.

(2)  (i)  No later than June 30, 2012 2013, the department

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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

clause (1) this subsection.

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(ii)  Following publication, the rating tool developed under

this clause subsection shall be used in the rating of all

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professional employes and temporary professional employes

serving as classroom teachers.

(iii)  After June 30, 2012 2013, any changes to the rating

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tool developed under this clause subsection shall be made by the

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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."

(c)  For professional employes and temporary professional

employes serving as principals, the following shall apply:

(1)  Beginning in the 2013-2014 2014-2015 school year,

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principal effectiveness shall be measured using a rating tool

designed specifically for professional employes and temporary

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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, measured as provided in subsection

(b)(1)(ii) for professional employes and temporary professional

employes supervised by the principal, which shall comprise at

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least fifty per centum (50%) of the principal's overall rating.

(2)  (i)  No later than June 30, 2013 2014, the department

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shall develop, issue and publish in the Pennsylvania Bulletin a

rating tool for professional employes and temporary professional

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employes serving as principals that is consistent with clause

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(1) this subsection.

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(ii)  Following publication, the rating tool developed under

this clause subsection shall be used in the rating of all

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principals superseding all other rating cards and forms used

previously.

(iii)  After June 30, 2013 2014, any changes to the rating

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tool developed under this clause subsection shall be made by the

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State Board of Education through regulations promulgated under

the "Regulatory Review Act."

(d)  For nonteaching professional employes, the following

shall apply:

(1)  Beginning in the 2013-2014 2014-2015 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)  Environment Educational environment.

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(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, measured as provided for in subsection (b)(1)(ii), but

which shall comprise not more than twenty per centum (20%) of

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the overall rating of nonteaching professional employes and

temporary professional employes.

(2)  (i)  No later than June 30, 2013 2014, the department

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shall develop, issue and publish in the Pennsylvania Bulletin a

rating tool for nonteaching professional employes that is

consistent with clause (1) this subsection.

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(ii)  Following publication, the rating tool developed under

this clause subsection shall be used in the rating of all

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nonteaching professional employes.

(iii)  After June 30, 2013 2014, any subsequent changes to

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the mandatory rating tool developed under this paragraph shall

be made by the State Board of Education through regulations

promulgated under the "Regulatory Review Act."

(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, 

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intermediate unit, area vocational-technical school, charter

school or cyber charter 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 either "needs

improvement" or "failing" shall be considered unsatisfactory.

(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 null and void 

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discontinued for use in the evaluation of professional and

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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

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 shall be performed by or under the supervision

of the district superintendent chief school administrator or, if

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so directed by the district superintendent chief school

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administrator, by an assistant district superintendent 

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administrator, a supervisor or a principal who has supervision

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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

district superintendent chief school administrator.

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(i)  All school districts, intermediate units and, area

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vocational-technical schools, charter schools and cyber charter

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schools shall provide to the department the aggregate results of 

all professional employe and temporary professional employe,

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principal and education specialist nonteaching professional

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employe evaluations.

(j)  (1)  Any rating tool developed by the Department of

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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."

(iii)  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)(2)(iii) and

(d)(2)(iii).

(j) (k)  The State Board of Education may develop standards

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or regulations as necessary for the implementation of the

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provisions of this section consistent with this section.

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(k) (l)  (1)  The department's duty to develop a rating tool

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under subsection (b)(2) shall expire on June 30, 2012 2013.

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(2)  The department's duty to develop rating tools under

subsections (c)(2) and (d)(2) shall expire on June 30, 2013 

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2014.

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(l) (m)  (1)  The provisions of this section shall not be

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subject to a collective bargaining agreement entered into after

the effective date of this subsection.

(2)  Nothing contained in this section shall be construed to

supersede or preempt any provisions of an existing 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."

(3)  A provision in any contract in effect on the effective

date of this subsection that is in conflict with this section

shall be discontinued in any new or renewed contract.

(n)  The requirements of this section shall apply to all

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school districts, intermediate units, area vocational-technical

schools, charter schools and cyber charter schools.

(m) (o)  For purposes of this section:

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(1)  The term "assessment" shall mean the Pennsylvania System

of School Assessment test, the Keystone Exam, an equivalent

local 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 or

its successor statute 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

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individuals who are employed as a school district

superintendent, an executive director of an intermediate unit, a

chief school administrator of an area vocational-technical

school and a charter school or cyber charter school chief

executive officer.

(2) (3)  The term "classroom teacher" shall mean a

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professional employe or temporary professional employe who

provides direct instruction to students related to a specific

subject or grade level.

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(3) (4)  The term "department" shall mean the Department of

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Education of the Commonwealth.

(4) (5)  The term "education specialist" shall have the

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meaning given to it under the act of December 12, 1973 (P.L.397,

No.141), known as the "Professional Educator Discipline Act."

(5) (6)  The term "nonteaching professional employe" shall

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mean an education specialist or a professional employe or

temporary professional employe who provides services other than

classroom teaching instruction.

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(6) (7)  The term "principal" shall include a building

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principal, an assistant principal, vice-principal and director

of vocational education.

Section 2.   This act shall take effect in 60 days.