Regular Session 2019-2020 Senate Bill 0751 P.N. 1599

HOUSE AMENDED

PRIOR PRINTER'S NOS. 970, 1007, 1055

PRINTER'S NO. 1599

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

751

Session of

2019

INTRODUCED BY AUMENT, BROWNE, MARTIN, MENSCH, KILLION AND BLAKE,

JUNE 13, 2019

AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF

REPRESENTATIVES, AS AMENDED, MARCH 24, 2020

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 and for persons to be suspended

and providing for a revised rating system; AND, IN TERMS AND

COURSES OF STUDY, PROVIDING FOR PANDEMIC OF 2020.

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, is

amended by adding a subsection to read:

Section 1123. Rating System.--* * *

(q) This section shall expire June 30, 2021.

Section 2. Section 1125.1(a) and (a.1) of the act are

amended to read:

Section 1125.1. Persons to be Suspended.--(a) Professional

employes shall be suspended under section 1124 in the following

order, within the area of certification required by law for the

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professional employe's current position:

(1) Each professional employe who received, on the

professional employe's two most recent annual performance

evaluations, consecutive ratings that are considered

unsatisfactory pursuant to section 1123 or subarticle (c.1)

shall be suspended first.

(2) After suspending professional employes under paragraph

(1), each professional employe who received, on the professional

employe's two most recent annual performance evaluations, one

rating that is considered unsatisfactory pursuant to section

1123 or subarticle (c.1) and one rating that is considered

satisfactory pursuant to section 1123 or subarticle (c.1) shall

be suspended second.

(3) After suspending professional employes pursuant to

paragraph (2), each professional employe who received, on the

professional employe's two most recent annual performance

evaluations, consecutive ratings which are considered

satisfactory pursuant to section 1123 or subarticle (c.1) and

which are either consecutive ratings of "proficient" or a

combination of one rating of "proficient" or "distinguished" and

one rating of "needs improvement" pursuant to section 1123 or

subarticle (c.1) shall be suspended third.

(4) After suspending professional employes pursuant to

paragraph (3), each professional employe who received, on the

professional employe's two most recent annual performance

evaluations, consecutive ratings which are considered

satisfactory pursuant to section 1123 or subarticle (c.1), and

which are consecutive ratings of "distinguished" or a

combination of one rating of "proficient" and one rating of

"distinguished" pursuant to section 1123 or subarticle (c.1)

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shall be suspended last.

(a.1) When more professional employes receive the same

overall performance rating than there are suspensions, seniority

within the school entity and within the area of certification

required by law for the professional employe's current position

shall be used to determine suspensions among professional

employes with the same overall performance rating on the

professional employe's two most recent annual performance

evaluations pursuant to section 1123 or subarticle (c.1). An

approved leave of absence shall not constitute a break in

service for purposes of computing seniority for suspension

purposes.

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Section 3. Article XI of the act is amended by adding a

subarticle to read:

(c.1) Revised Rating System.

Section 1138.1. Definitions.

The following words and phrases when used in this subarticle

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Assessment." The Pennsylvania System of School Assessment

test, the Keystone Exam or another test established by the State

Board of Education or approved by an act of the General Assembly

to meet the requirements of section 2603-B(d)(10)(i) and the

requirements of the Every Student Succeeds Act (Public Law 114-

95, 129 Stat. 1802) or its successor statute or required to

achieve other standards established by the department for the

school or school district.

"Chief school administrator." Includes an individual who is

employed as a school district superintendent, an executive

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director of an intermediate unit or an administrative director

of an area vocational-technical CAREER AND TECHNICAL school.

"Classroom teacher." A professional employee or temporary

professional employee who provides direct instruction to

students related to a specific subject or grade level.

"Classroom walk-through." An observational classroom visit

by an evaluator to observe an employee for the purpose of

gathering evidence and artifacts to inform the employee's

rating.

"Comprehensive classroom observation." An observational

classroom visit that includes a preconference and postconference

between an evaluator and an employee which may be conducted by

telephone or videoconferencing. Upon the mutual agreement of

both an evaluator and a professional employee, the requirement

of a postconference may be waived for extenuating circumstances,

if the evaluator places written documentation of the

comprehensive classroom observation in the professional

employee's file. If the extenuating circumstances are raised by

the evaluator, a professional employee who does not receive a

postconference shall not receive a rating of needs improvement

or failing on the comprehensive classroom observation component

of an evaluation. The requirement of a postconference shall not

be waived for a temporary professional employee.

"Data-available teacher." A classroom teacher who is a

professional employee teaching English, language arts,

mathematics, science or other content areas as assessed by an

assessment, including the Pennsylvania System of School

Assessment and Keystone Exams.

"Department." The Department of Education of the

Commonwealth.

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"Differentiated supervision." A system of supervision of

professional employees that:

(1) Involves a multi-year cycle in which supervisors

complete a comprehensive classroom observation for one annual

rating in the professional employee's supervision cycle and

in the other years of the cycle collaborate with the

professional employee to differentiate supervision by

developing individualized goals, learning activities and

measures for the professional employee's growth in one or

more areas listed in section 1138.3(a)(1) or (b)(1) or a

nonteaching professional employee's growth in one or more

areas listed in section 1138.5(a) or (b).

(2) Is offered only to professional employees who

received a proficient or distinguished annual rating in both

of the two immediately preceding years and is not offered to

temporary professional employees.

(3) Is optional for the employer and the professional

employee.

(4) In any year in which the professional employee does

not receive a comprehensive classroom observation, uses data

sources and data collection strategies designed to measure a

professional employee's progress toward the professional

employee's individualized professional goals.

(5) Allows a supervisor to move a professional employee

out of individualized professional goals, activities and

measures and into comprehensive classroom observation at any

time.

(6) Allows a professional employee to move out of

individualized professional goals, activities and measures

and enter comprehensive classroom observation at any time.

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"Economically disadvantaged." The economically disadvantaged

status of a student as reported by a school district,

intermediate unit or area vocational-technical CAREER AND

TECHNICAL school through the Pennsylvania Information Management

System (PIMS) and determined based upon poverty data sources

such as eligibility for Temporary Assistance for Needy Families,

Medicaid or free or reduced-price lunch, census data, residence

in an institution for the neglected or delinquent or residence

in a foster home.

"Education specialist." The term shall have the same meaning

given in section 1.2 of the act of December 12, 1973 (P.L.397,

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

"Evaluator." Includes the chief school administrator or the

chief school administrator's designee who is an assistant

administrator, supervisor or principal, has supervision over the

work of the professional employee or temporary professional

employee being rated and is directed by the chief school

administrator to perform the rating.

"Graduation rate." The rate submitted by the department

under the Every Student Succeeds Act State plan that represents

the percentage of students in a school who earn a high school

diploma within four years.

"Nonteaching professional employee." An education specialist

or a professional employee or temporary professional employee

who provides services and who is not a classroom teacher.

"Performance improvement plan." A plan, designed by an

employer with documented input from the employee, that:

(1) Provides actionable feedback to an employee on the

specific domain within the comprehensive classroom

observation and practice models that prevented the employee

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from achieving a proficient rating. The employer shall

consider the documented input from the employee for inclusion

in the plan.

(2) Identifies employer resources that will be provided

to an employee to help the employee improve. Resources may

include, but shall not be limited to, mentoring, coaching,

recommendations for professional development and intensive

supervision based on the contents of the rating tool provided

for under this subarticle.

"Principal." Includes a building principal, an assistant

principal, a vice principal, a supervisor of special education

or a director of vocational CAREER AND TECHNICAL education.

"Regulatory Review Act." The act of June 25, 1982 (P.L.633,

No.181), known as the Regulatory Review Act.

Section 1138.2. State rating tool.

In determining whether a professional employee shall be

dismissed for unsatisfactory teaching performance as provided

for in section 1122(a), and in rating professional employees and

temporary professional employees, each professional employee and

temporary professional employee shall be rated through the use

of a rating tool approved by the department 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.

Section 1138.3. Classroom teachers.

(a) Evaluation with building-level data.--Beginning in the

2021-2022 school year, the evaluation of the effectiveness of a

professional employee serving as a classroom teacher in a

building where annual building-level data is made available by

the department shall be weighted and calculated accordingly:

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(1) Comprehensive classroom observation and practice

models that are related to student achievement, which shall

comprise 70% of the overall rating in each of the following

areas:

(i) Planning and preparation, with a weight of 20%.

(ii) Classroom environment, with a weight of 30%.

(iii) Instruction, with a weight of 30%.

(iv) Professional responsibilities, with a weight of

20%.

(2) Student performance, which shall comprise 30% of the

overall rating, and shall be based upon multiple measures of

student achievement. The multiple measures shall be comprised

of the following:

(i) (A) Building-level data, which shall comprise

one-third of the student performance component

measure, including each of the following areas, if

applicable:

(I) Student performance on assessments

administered to the grade level in the building.

(II) Value-added assessment system data made

available by the department under section 221 if

the building administers assessments in grades

for which annual value-added system data is made

available by the department.

(III) Graduation rate.

(IV) Attendance rate as reported to the

department under section 2512.

(B) The total score for building-level data

shall be adjusted by a challenge multiplier for each

school building as follows:

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(I) Calculate the regression coefficient of

determination, known as r2, that estimates the

proportion of the variance in school-level data

that is predictable by the percentage of students

that are economically disadvantaged in a school.

(II) Multiply the regression coefficient of

determination under subclause (I) by .1.

(III) Multiply the product produced in

subclause (II) by the most currently available

percentage of economically disadvantaged students

in the school.

(IV) Multiply the product produced in

subclause (III) by 100.

(V) Add the product produced in subclause

(IV) to the building level score.

measures in clause (A) in order to receive a

building-level score.

(ii) Teacher-specific data, which shall comprise

two-thirds of the student performance component measure,

including student achievement as measured by the

following scores:

(A) If the individual is a data-available

teacher, the following measures shall be weighted

accordingly:

(I) One-half of the score shall be comprised

of the following:

(a) Student performance on assessments

as applicable and attributable to the

classroom teacher.

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(b) Value-added assessment system data

made available by the department under

section 221 if the building administers

assessments in grades for which annual value-

added system data is made available by the

department as applicable and attributable to

the classroom teacher. The data shall be

calculated using three consecutive years of

data.

student individualized education plans

required under the Individuals with

Disabilities Education Act (Public Law 91-

230, 20 U.S.C. § 1400 et seq.) as applicable

and attributable to the classroom teacher.

(II) One-half of the score shall be

comprised of one or more measures as applicable

and attributable to the classroom teacher

selected by the employer from the following list:

(a) Locally developed school district

rubrics.

(b) District-designed measures and

examinations.

tests.

(d) Industry certification examinations.

(e) Student projects pursuant to local

requirements.

(f) Student portfolios pursuant to local

requirements.

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(B) If the individual is not a data-available

teacher, the teacher-specific data shall be comprised

of the following measures:

(I) One-half of the score shall be comprised

of 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.) as

applicable and attributable to the classroom

teacher.

(II) One-half of the score shall be

comprised of one or more measures as applicable

and attributable to the classroom teacher

selected by the employer from the following list:

(a) Locally developed school district

rubrics.

(b) District-designed measures and

examinations.

tests.

(d) Industry certification examinations.

(e) Student projects pursuant to local

requirements.

(f) Student portfolios pursuant to local

requirements.

(b) Evaluation without building-level data.--Beginning in

the 2021-2022 school year, the evaluation of the effectiveness

of a professional employee who is a classroom teacher primarily

assigned in a building or buildings within a school entity by

which the classroom teacher is not employed or where building-

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level data is not made available by the department shall be

weighted and calculated as follows:

(1) Classroom observation and practice models that are

related to student achievement, which shall comprise 80% of

the overall rating in each of the following areas:

(i) Planning and preparation, with a weight of 20%.

(ii) Classroom environment, with a weight of 30%.

(iii) Instruction, with a weight of 30%.

(iv) Professional responsibilities, with a weight of

20%.

(2) Student performance as applicable and attributable

to the classroom teacher, which shall comprise 20% of the

overall rating, and shall be comprised of the following

measures:

(i) (Reserved).

(ii) One-half of the score shall be comprised of

progress in meeting the goals for student individualized

education plans required under the Individuals with

Disabilities Education Act as applicable and attributable

to the classroom teacher.

(iii) One-half of the score shall be comprised of

one or more measures selected by the employer from the

following list:

(A) Locally developed school district rubrics.

(B) District-designed measures and examinations.

(D) Industry certification examinations.

(E) Student projects pursuant to local

requirements.

(F) Student portfolios pursuant to local

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requirements.

2022 school year, the evaluation of the effectiveness of a

temporary professional employee serving as a classroom teacher

shall be based on comprehensive classroom observation and

practice models that are related to student achievement, which

shall comprise 100% of the overall rating in each of the

following areas:

(1) Planning and preparation, with a weight of 20%.

(2) Classroom environment, with a weight of 30%.

(3) Instruction, with a weight of 30%.

(4) Professional responsibilities, with a weight of 20%.

(d) Rating tool.--The following shall apply:

(1) No later than June 30, 2020 MARCH 31, 2021 , the

department shall develop, issue and submit to the Legislative

Reference Bureau for publication in the Pennsylvania Bulletin

a rating tool for professional employees and temporary

professional employees serving as classroom teachers that is

consistent with subsections (a), (b) and (c) and includes the

multiple measures of student performance as specified under

subsections (a), (b) and (c) .

(2) Beginning with the 2021-2022 school year, the rating

tool developed under this section shall be used in the rating

of each professional employee and temporary professional

employee serving as a classroom teacher.

(3) After June 30, 2020 MARCH 31, 2021 , any changes to

the rating tool developed under this section shall be made by

the State Board of Education through regulations promulgated

under the Regulatory Review Act.

(e) Classroom walk-throughs.--The classroom observation and

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practice models component under subsections (a)(1), (b)(1) and

an academic year to gather evidence and artifacts to inform the

professional employee's or temporary professional employee's

ratings under subsections (a)(1)(ii) and (iii), (b)(1)(ii) and

(iii) and (c)(2) and (3). Classroom walk-throughs used to inform

the ratings for a professional employee or temporary

professional employee under this subarticle shall ensure that

specific observations are based only on factors that are present

or witnessed by the evaluator during the walk-through. Classroom

walk-throughs shall be used to gather evidence in addition to,

not in place of, data gathered during one or more comprehensive

classroom observations except when defined by a plan of

differentiated supervision.

Section 1138.4. Principals.

(a) Evaluation.--Beginning in the 2021-2022 school year, the

evaluation of the effectiveness of a professional employee

serving as a principal in a building where annual building-level

data is made available by the department shall be calculated

with 70% of the overall rating reflected in the areas of

planning and preparation, school environment, delivery of

service and professional development utilizing a rating tool

approved by the department .

(b) Student performance.--Student performance shall be

measured as provided in section 1138.3(a)(2) for professional

employees and temporary professional employees supervised by the

principal and shall comprise 10% of the principal's overall

rating. The 10% building-level date shall include, if available,

but not be limited to:

(1) Student performance on assessments.

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(2) Value-added assessment system data made available by

the department under section 221 if the building administers

assessments in grades for which annual value-added system

data is made available by the department.

(3) Graduation rate.

(4) Attendance rate as reported to the department under

section 2512.

(5) The total score for building-level data shall be

adjusted by a challenge multiplier for each school building

as follows:

(i) Calculate the regression coefficient of

determination, known as r2, that estimates the proportion

of the variance in school-level data that is predictable

by the percentage of students that are economically

disadvantaged in a school.

(ii) Multiply the regression coefficient of

determination under subparagraph (i) by .1.

(iii) Multiply the product produced in subparagraph

(ii) by the most currently available percentage of

economically disadvantaged students in the school.

(iv) Multiply the product produced in subparagraph

(iii) by 100.

(v) Add the product produced in subparagraph (iv) to

the building level score.

of the principal's annual evaluation. Performance goals shall be

determined prior to the beginning of each school year between

the principal and the principal's immediate supervisor.

Performance goals may be district-specific or building-specific

goals. The following shall apply:

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(1) Performance goals should include specific measurable

areas and the evidence to be collected during the year.

(2) After the initial meeting to determine the goals,

the principal and the principal's supervisor shall meet

midyear to monitor progress on established goals and to

modify goals.

(3) At the conclusion of the school year, the principal

and the principal's immediate supervisor shall meet to

evaluate the performance goals by providing an overall rating

of the attainment of the goals as follows:

(i) A score of 3, which indicates "distinguished"

goal performance.

(ii) A score of 2, which indicates "proficient" goal

performance.

(iii) A score of 1, which indicates "needs

improvement" goal performance.

(iv) A score of 0, which indicates "failing" goal

performance.

(d) Evaluation without building level-data.--Beginning in

the 2021-2022 school year, the evaluation of the effectiveness

of a professional employee who is a principal assigned in a

building or buildings where building-level data is not made

available by the department shall be weighed and calculated as

follows:

(1) The following areas shall comprise 80% of the

overall rating and are reflected in the areas of planning and

preparation, school environment, delivery of service and

professional development utilizing a department-approved

rating tool.

(2) Performance goals shall comprise 20% of the

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principal's annual evaluation. Performance goals will be

determined prior to the beginning of each school year between

the principal and the principal's immediate supervisor.

Performance goals may be district-specific or building-

specific goals. The following shall apply:

(i) Performance goals may include specific

measurable areas and the evidence to be collected during

the year.

(ii) After the initial meeting to determine the

goals, the principal and the principal's supervisor shall

meet midyear to monitor progress on established goals and

to modify goals.

(iii) At the conclusion of the school year, the

principal and the principal's immediate supervisor shall

meet to evaluate the performance goals by providing an

overall rating of the attainment of the goals as follows:

(A) A score of 3, which indicates

"distinguished" goal performance.

(B) A score of 2, which indicates "proficient"

goal performance.

improvement" goal performance.

(D) A score of 0, which indicates "failing" goal

performance.

(e) Rating tool.--

(1) No later than June 30, 2020 MARCH 31, 2021 , the

department shall develop, issue and transmit to the

Legislative Reference Bureau for publication in the

Pennsylvania Bulletin a rating tool for professional

employees and temporary professional employees serving as

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principals that is consistent with this section and includes

the weights given to the multiple measures of student

performance contained under subsection (b).

(2) Beginning with the 2021-2022 school year, the rating

tool developed under this section shall be used in the rating

of each principal superseding all other rating cards and

forms used previously.

(3) After June 30, 2020 MARCH 31, 2021 , any changes to

the rating tool developed under this section shall be made by

the State Board of Education through regulations promulgated

under the Regulatory Review Act.

Section 1138.5. Nonteaching professional employees.

(a) Evaluation.--Beginning in the 2021-2022 school year,

professional employees employed as nonteaching professionals

shall be evaluated using a rating tool designed specifically for

nonteaching professional employees which shall be determined in

the following manner:

(1) The following shall compose 90% of the overall

rating of nonteaching professional employees:

(i) Planning and preparation, with a weight of 25%.

(ii) Educational environment, with a weight of 25%.

(iii) Delivery of service, with a weight of 25%.

(iv) Professional development, with a weight of 25%.

(2) Student performance as measured by building-level

data as described in section 1138.3(a)(2)(i)(A) and (B) for

each building in which the employee is assigned shall compose

10% of the overall rating of nonteaching professional

employees.

(b) Evaluation without building-level data.--Beginning in

the 2021-2022 school year, the evaluation of the effectiveness

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of a professional employee who is a nonteaching professional

primarily assigned in a building or buildings within a school

entity by which the nonteaching professional is not employed or

where building-level data is not made available by the

department shall include the following:

(1) Planning and preparation, with a weight of 25%.

(2) Educational environment, with a weight of 25%.

(3) Delivery of service, with a weight of 25%.

(4) Professional development, with a weight of 25%.

2022 school year, the evaluation of the effectiveness of a

temporary professional employee who is a nonteaching

professional shall be evaluated using a rating tool designed

specifically for nonteaching temporary professional employees

which shall include the following:

(1) Planning and preparation, with a weight of 25%.

(2) Educational environment, with a weight of 25%.

(3) Delivery of service, with a weight of 25%.

(4) Professional development, with a weight of 25%.

(d) Rating tool.--

(1) No later than June 30, 2020 MARCH 31, 2021 , the

department shall develop, issue and publish in the

Pennsylvania Bulletin a rating tool for nonteaching

professional and temporary professional employees that is

consistent with this section and includes the weights given

to the multiple measures of student performance contained

under subsection (a).

(2) Beginning with the 2021-2022 school year, the rating

tool developed under this section shall be used in the rating

of each nonteaching professional and temporary professional

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employee.

(3) After June 30, 2020 MARCH 31, 2021 , any subsequent

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.

Section 1138.6. Local rating tools.

Notwithstanding sections 1138.2, 1138.3, 1138.4 and 1138.5,

professional employees and temporary professional employees

serving as classroom teachers, principals and nonteaching

professional employees may be evaluated through the use of a

rating tool developed by an individual school district,

intermediate unit or area vocational-technical CAREER AND

TECHNICAL school that the department has approved as meeting or

exceeding the measures of effectiveness established under this

subarticle.

Section 1138.7. Overall performance rating.

(a) Identification.--Each rating tool developed or approved

under this subarticle shall identify the overall performance

rating of the professional employees and temporary professional

employees serving as classroom teachers, principals and

nonteaching professional employees as one of the following:

(1) Distinguished.

(2) Proficient.

(3) Needs improvement.

(4) Failing.

(b) Actions.--The following shall apply:

(1) An overall performance rating of either

"distinguished" or "proficient" shall be considered

satisfactory.

(2) An overall performance rating of "needs improvement"

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shall be considered satisfactory, except that any subsequent

overall rating of "needs improvement" issued by the same

employer within four years of the first overall performance

rating of "needs improvement" where the employee is in the

same certification shall be considered unsatisfactory.

(3) An overall performance rating of "failing" shall be

considered unsatisfactory.

(4) An overall performance rating of "needs improvement"

or "failing" shall require the employee to participate in a

performance improvement plan. No employee shall be rated

"needs improvement" or "failing" based solely upon student

test scores. Nothing in the definition of "performance

improvement plan" in section 1138.1 shall interfere with the

employer's authority to design a plan.

scale to reflect student performance measures and employee

observation results and establish overall score ranges for each

of the four rating categories under subsection (a).

(d) Evidence.--Observation and practice evaluation results

and ratings under sections 1138.3(a)(1), (b)(1) and (c) and

1138.5(a)(1) and (2) shall be based on evidence. A professional

employee or temporary professional employee may provide the

evaluator with evidence or documented artifacts demonstrating

the employee's performance during the most recent rating period

which directly pertain to the employee's observation and

practice evaluation results. Nothing in this subsection shall be

construed to interfere with the evaluator's authority to

determine whether the evidence or artifacts provided by the

employee are relevant to the employee's observation and practice

evaluation results.

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(e) Teacher-specific data measures guidance.--The following

shall apply to teacher-specific data measures selected by the

employer as described in section 1138.3(a)(2)(ii)(A)(II) and (B)

(II):

(1) A classroom teacher shall provide documented input

to an evaluator on the development of teacher-specific data

measures and annual results of data. The documented input

shall be included with documentation of the classroom

teacher's overall annual rating.

(2) In the analysis of teacher-specific data, classroom

teachers shall have the opportunity to reflect on their

success, unanticipated barriers and any supports that could

have been useful to classroom teachers.

(3) Teacher-specific data measures may be revised mid-

academic year, if agreed upon by both the administrator and

the teacher.

(4) Teacher-specific data measures may be reused on an

annual basis if a classroom teacher's goals are updated and

continue to offer reflections on their goals for improvement

on an annual basis.

(f) Limits prohibited.--An employer may not limit the number

of professional employees or temporary professional employees

who may receive an overall performance rating of

"distinguished," through the employer's written or spoken

policies, guidelines or other communications or through the

employer's practices.

Section 1138.8. R ating tool.

(a) Discontinuation.--Beginning with the 2021-2022 school

year, the rating form under 22 Pa. Code § 351.21 (relating to

rating form) and any alternative rating forms approved under 22

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Pa. Code Ch. 351 (relating to teacher tenure hearings) prior to

the implementation of this subarticle shall be discontinued for

use in the evaluation of professional and temporary professional

employees.

(b) Department duties.--

(1) The department shall establish professional

development programs for professional employees serving as

classroom teachers, temporary professional employees serving

as classroom teachers, nonteaching professional employees,

nonteaching temporary professional employees, principals and

chief school administrators and any other individuals

designated as evaluators.

(2) The professional development programs established

under this subsection shall be tailored to the specific

groups of employees listed in this subsection and shall be

differentiated for evaluators and individuals being

evaluated. The programs shall include the following:

(i) An overview of the purposes and rationales for

each component of the evaluation system.

(ii) Suggestions for appropriate collaboration,

timelines and communications between employee and

employer.

(iii) Suggested criteria to guide quality

implementation of this subarticle in both the content of

an evaluation and in the process of administering an

evaluation.

(3) The department shall make the professional

development programs established under this subsection

available to all school districts, intermediate units and

area vocational-technical CAREER AND TECHNICAL schools. The

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department shall make the professional development programs

established under this subsection available to all employees

by posting the professional development programs on the

department's publicly accessible Internet website.

(4) The department shall develop a standard professional

development program to improve the consistency and quality of

teacher-specific data measures across applicable schools.

(1) Each temporary professional employee serving as a

classroom teacher and each nonteaching temporary professional

employee shall complete the appropriate professional

development program tailored to the evaluation system for

classroom teachers or nonteaching professionals during the

employee's probationary period.

(2) Each principal shall complete the professional

development programs tailored to evaluators and to the

principal evaluation system within the first six months of

the employee's appointment as a principal.

(3) Schools shall incorporate training on the teacher

observation and evaluation model inclusive of the consistent

use of quality teacher-specific data and building-level data

within student performance measures into induction programs

required under 22 Pa Code § 49.16 (relating to approval of

induction plans ).

(4) Each professional employee and principal shall

complete a condensed version of the programs designed under

subsection (b) every seven years.

Section 1138.9. Operative provisions.

The following shall apply to the ratings of each professional

employee and temporary professional employee:

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(1) Subject to paragraph (2), each rating shall be

completed using the rating tools developed or approved under

this subarticle.

(2) Professional employees who are considered

satisfactory under section 1138.7 shall be rated no more than

once annually. Professional employees who are considered

unsatisfactory under section 1138.7 shall be rated at least

annually. The first rating shall be calculated using the

appropriate evaluation applicable to the employee. Any

subsequent periodic rating shall be calculated as follows:

(i) Comprehensive classroom observation and practice

models that are related to student achievement, which

shall comprise 70% of the overall rating in each of the

following areas:

(A) Planning and preparation, with a weight of

20%.

(B) Classroom environment, with a weight of 30%.

(D) Professional responsibilities, with a weight

of 20%.

(ii) The remaining 30% shall be calculated using one

or more measures selected by the employer from the

following list:

(A) Locally developed school district rubrics.

(B) District-designed measures and examinations.

(D) Industry certification examinations.

(E) Student project pursuant to local

requirements.

(F) Student portfolios pursuant to local

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requirements.

(iii) Temporary professional employes shall be rated

at least twice annually.

(3) One hundred percent of the semiannual rating of a

temporary professional employee who serves as a classroom

teacher or nonteaching professional shall be based on

classroom observation and practice in the areas outlined

under section 1138.3(a)(1), (b)(1) and (c).

(4) 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 employee or

temporary professional employee being rated, except that no

unsatisfactory rating shall be valid unless approved by the

chief school administrator.

(5) No employee shall be dismissed for unsatisfactory

teaching performance under section 1122 unless the employee

has been provided a completed rating tool provided for under

this subarticle, which includes a description based upon

classroom observations of deficiencies in practice supported

by detailed anecdotal records that justify the unsatisfactory

rating.

Section 1138.10. Reporting.

Each school district, intermediate unit and area vocational-

technical CAREER AND TECHNICAL school shall provide to the

department the aggregate results of all evaluations of

professional employees and temporary professional employees,

principals and nonteaching professional employees.

Section 1138.11. Exemption from other laws.

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(a) Exemption.--Any rating tool developed by the department

under this subarticle shall be exempt from:

(1) 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.

(2) Section 204(b) of the act of October 15, 1980

(P.L.950, No.164), known as the Commonwealth Attorneys Act.

(3) The Regulatory Review Act.

(b) Application.--This section shall not apply to any

changes made to a rating tool or new rating tool developed by

the State Board of Education under sections 1138.3(d)(3),

1138.4(e)(3) and 1138.5(d)(3).

Section 1138.12. State regulations.

The State Board of Education may develop regulations

consistent with this subarticle.

Section 1138.13. Collective bargaining agreements.

A collective bargaining agreement negotiated by a school

district and an exclusive representative of the employees 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 section may not provide for a rating system other

than as provided for under this subarticle. A provision in an

agreement or contract in effect on the effective date of this

section that provides for a rating system in conflict with this

subarticle shall be discontinued in a new or renewed agreement

or contract or during the period of status quo following an

expired contract.

Section 1138.14. Rating form not public record.

An employee's individual rating form shall not be subject to

disclosure under the act of February 14, 2008 (P.L.6, No.3),

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known as the Right-to-Know Law.

Section 1138.15. Applicability.

The requirements of this subarticle shall apply to each

school district, intermediate unit and area vocational-technical

CAREER AND TECHNICAL school.

Section 1138.16. Report.

The department shall review the revised rating system within

five years of the effective date of this section and shall

submit a report of its findings to the Education Committee of

the Senate and the Education Committee of the House of

Representatives. The report shall include a specific review of

the accuracy of data collected by the department for the

economically disadvantaged status of students as reported by a

school district, intermediate unit or area vocational-technical

CAREER AND TECHNICAL school through the Pennsylvania Information

Management System (PIMS).

SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 1501.8. PANDEMIC OF 2020.--(A) THIS SECTION APPLIES

ONLY TO THE SCHOOL YEAR 2019-2020 AS A RESULT OF THE GLOBAL

PANDEMIC DECLARED BY THE WORLD HEALTH ORGANIZATION ON MARCH 11,

2020.

(B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,

THE FOLLOWING SHALL APPLY:

(1) THE REQUIREMENT UNDER SECTION 1501 REQUIRING ALL SCHOOL

ENTITIES TO BE KEPT OPEN EACH SCHOOL YEAR FOR AT LEAST ONE

HUNDRED EIGHTY (180) INSTRUCTIONAL DAYS IS WAIVED IMMEDIATELY.

(2) THE SECRETARY MAY DO ANY OR ALL OF THE FOLLOWING:

(I) ORDER THE CLOSURE OF ALL SCHOOL ENTITIES UNTIL THE

THREAT TO HEALTH AND SAFETY CAUSED BY THE PANDEMIC OF 2020 HAS

ENDED.

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(II) INCREASE THE NUMBER OF FLEXIBLE INSTRUCTIONAL DAYS THAT

SCHOOL ENTITIES MAY INSTITUTE UNDER SECTION 1506 TO A NUMBER OF

FLEXIBLE INSTRUCTIONAL DAYS DETERMINED BY THE SECRETARY DURING

THE 2019-2020 SCHOOL YEAR AND WAIVE THE APPLICATION DEADLINE

UNDER SECTION 1506(C)(1).

(III) WAIVE THE MINIMUM TOTAL NUMBER OF HOURS REQUIRED FOR A

CAREER AND TECHNICAL EDUCATION PROGRAM UNDER 22 PA. CODE §

339.22(9)(I) (RELATING TO PROGRAM CONTENT).

(IV) WAIVE THE REQUIREMENT TO INCLUDE PERFORMANCE DATA

OTHERWISE REQUIRED UNDER SECTION 1123(B)(1)(II) IN A

PROFESSIONAL EMPLOYE'S PERFORMANCE RATING UNDER SECTION 1123.

(V) WAIVE THE MINIMUM NUMBER OF DAYS OF PREKINDERGARTEN

INSTRUCTION REQUIRED UNDER 22 PA. CODE § 405.41 (RELATING TO

SCHOOL TERM).

(VI) WAIVE THE TWELVE-WEEK STUDENT TEACHER REQUIREMENT UNDER

22 PA. CODE § 354.25(F) (RELATING TO PREPARATION PROGRAM

CURRICULUM) FOR EDUCATOR PREPARATION PROGRAMS THAT ARE UNABLE TO

MEET THE REGULATORY REQUIREMENT DUE TO THE PANDEMIC OF 2020.

(VII) WAIVE THE NIMS ASSESSMENT AND THE NOCTI EXAM.

FOLLOWING SHALL APPLY:

(1) NO EMPLOYE OF ANY SCHOOL ENTITY WHO WAS EMPLOYED AS OF

MARCH 13, 2020, SHALL RECEIVE MORE OR LESS COMPENSATION THAN THE

EMPLOYE WOULD OTHERWISE HAVE BEEN ENTITLED TO RECEIVE FROM THE

SCHOOL ENTITY HAD THE PANDEMIC OF 2020 NOT OCCURRED, HAD THE

MINIMUM INSTRUCTIONAL DAY REQUIREMENT NOT BEEN WAIVED UNDER

SUBSECTION (B)(1) OR HAD THE SECRETARY NOT TAKEN ACTION UNDER

SUBSECTION (B)(2).

(2) NO EMPLOYE OF ANY SCHOOL ENTITY WHO WAS EMPLOYED AS OF

MARCH 13, 2020, SHALL RECEIVE MORE OR LESS CREDIT OR CONTRIBUTE

20190SB0751PN1599 - 29 -

MORE OR LESS THAN THE EMPLOYE WOULD OTHERWISE HAVE CONTRIBUTED

PURSUANT TO THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT CODE UNDER

24 PA.C.S. PT. IV (RELATING TO RETIREMENT FOR SCHOOL EMPLOYEES)

HAD THE PANDEMIC OF 2020 NOT OCCURRED, HAD THE MINIMUM

INSTRUCTIONAL DAY REQUIREMENT NOT BEEN WAIVED UNDER SUBSECTION

(B)(1) OR HAD THE SECRETARY NOT TAKEN ACTION UNDER SUBSECTION

(B)(2).

(3) EACH SCHOOL ENTITY SHALL PROVIDE ANY EMPLOYE WHO IS

RESPONSIBLE FOR CLEANING SCHOOL FACILITIES AS A RESULT OF, OR

DURING THE THREAT TO HEALTH AND SAFETY CAUSED BY, THE PANDEMIC

OF 2020, WITH APPROPRIATE CLEANING MATERIALS AND PROTECTIVE

CLOTHING AND GEAR AS RECOMMENDED BY THE CENTERS FOR DISEASE

CONTROL AND PREVENTION.

(4) EACH SCHOOL ENTITY SHALL PROVIDE WRITTEN NOTICE TO THE

PARENT OR GUARDIAN OF EACH STUDENT WHO RECEIVES SERVICES UNDER

AN INDIVIDUALIZED EDUCATION PROGRAM UNDER THE INDIVIDUALS WITH

DISABILITIES EDUCATION ACT (P UBLIC LAW 91-230, 20 U.S.C. § 1400

ET SEQ.) (IDEA) OF THE SCHOOL ENTITY'S PLANS FOR ENSURING THE

STUDENT RECEIVES A FREE AND APPROPRIATE PUBLIC EDUCATION AS

REQUIRED UNDER IDEA.

(5) EACH SCHOOL ENTITY SHALL MAKE A GOOD FAITH EFFORT TO

PLAN TO OFFER CONTINUITY OF EDUCATION TO STUDENTS USING

ALTERNATIVE MEANS DURING THE PERIOD OF CLOSURE. THE DEPARTMENT

OF EDUCATION SHALL PROVIDE GUIDANCE TO SCHOOL ENTITIES AND

INTERMEDIATE UNITS MAY PROVIDE TECHNICAL ASSISTANCE. A SCHOOL

ENTITY SHALL SUBMIT THE PLAN TO THE DEPARTMENT OF EDUCATION. THE

SCHOOL ENTITY SHALL POST THE PLAN ON ITS PUBLICLY ACCESSIBLE

INTERNET WEBSITE.

(D) A SCHOOL ENTITY WHICH WAS CLOSED AS A RESULT OF THE

PANDEMIC OF 2020 MAY NOT RECEIVE LESS SUBSIDY PAYMENTS,

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REIMBURSEMENTS, ALLOCATIONS, TUITION OR OTHER PAYMENTS FROM THE

DEPARTMENT OF EDUCATION OR ANOTHER SCHOOL ENTITY THAN THE SCHOOL

ENTITY WOULD OTHERWISE BE ENTITLED TO RECEIVE FOR THE SCHOOL

YEAR 2019-2020 HAD THE PANDEMIC OF 2020 NOT OCCURRED, HAD THE

MINIMUM INSTRUCTIONAL DAY REQUIREMENT NOT BEEN WAIVED UNDER

SUBSECTION (B)(1) OR HAD THE SECRETARY NOT TAKEN ACTION UNDER

SUBSECTION (B)(2). FOR THE TIME PERIOD A CHARTER SCHOOL,

REGIONAL CHARTER SCHOOL OR CYBER CHARTER SCHOOL IS CLOSED DUE TO

THE 2020 PANDEMIC, THE CHARTER SCHOOL, REGIONAL CHARTER SCHOOL

OR CYBER CHARTER SCHOOL SHALL RECEIVE TUITION PAYMENTS BASED

UPON THE ENROLLMENT AS OF MARCH 13, 2020.

(E) THE SECRETARY SHALL APPLY TO THE UNITED STATES

DEPARTMENT OF EDUCATION FOR A WAIVER OF THE TESTING AND

ACCOUNTABILITY REQUIREMENTS OF THE ELEMENTARY AND SECONDARY

EDUCATION ACT OF 1965 (PUBLIC LAW 89-10, 20 U.S.C. § 6301 ET

SEQ.), AS AMENDED BY THE EVERY STUDENT SUCCEEDS ACT (PUBLIC LAW

114-95, 129 STAT. 1802), TO ALLOW THE CANCELLATION OF TESTING

FOR THE 2019-2020 SCHOOL YEAR.

(F) THE GOVERNING BODY OF A SCHOOL ENTITY MAY APPLY TO THE

SECRETARY FOR A WAIVER, IN THE FORM AND MANNER PRESCRIBED BY THE

SECRETARY, OF ANY PROVISION OF THIS ACT, THE REGULATION OF THE

STATE BOARD OF EDUCATION OR THE STANDARDS OF THE DEPARTMENT OF

EDUCATION, EXCLUDING SECTIONS 528, 1124 AND 1125.1, IF THE

WAIVER IS DIRECTLY RELATED TO THE SCHOOL ENTITY ' S STAFFING NEEDS

OR IMPACTS THE SCHOOL ENTITY ' S INSTRUCTIONAL PROGRAM OR

OPERATIONS AS A RESULT OF THE PANDEMIC OF 2020. THE SECRETARY

SHALL HAVE 30 DAYS FROM THE RECEIPT OF THE APPLICATION TO

APPROVE OR DISAPPROVE THE REQUEST. THE SECRETARY ' S DETERMINATION

RELATED TO A WAIVER REQUEST UNDER THIS SUBSECTION SHALL NOT BE

APPEALABLE UNDER 2 PA.C.S. (RELATING TO ADMINISTRATIVE LAW AND

20190SB0751PN1599 - 31 -

PROCEDURE).

(G) BEGINNING ON THE EFFECTIVE DATE OF THIS SUBSECTION AND

NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, EACH

PROFESSIONAL EDUCATOR ' S CURRENT CONTINUING PROFESSIONAL

EDUCATION COMPLIANCE PERIOD UNDER SECTION 1205.2 OR 1205.5 SHALL

BE EXTENDED BY ONE YEAR. THIS SUBSECTION SHALL APPLY ONLY TO

PROFESSIONAL EDUCATORS WITH AN ACTIVE CERTIFICATION AS OF THE

EFFECTIVE DATE OF THIS SUBSECTION AND SHALL EXPIRE ONE YEAR FROM

THE EFFECTIVE DATE OF THIS SUBSECTION.

(H) ANY WAIVER OF FEDERAL REQUIREMENTS SOUGHT AS A RESULT OF

THE PANDEMIC OF 2020 SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF

SECTION 126.

(I) THE FOLLOWING SHALL APPLY TO NONPUBLIC SCHOOLS FOR THE

2019-2020 SCHOOL YEAR:

(1) THE GOVERNING BODY OF A NONPUBLIC SCHOOL MAY CLOSE THE

NONPUBLIC SCHOOL DUE TO THE THREAT TO HEALTH AND SAFETY CAUSED

BY THE PANDEMIC OF 2020.

(2) THE MINIMUM INSTRUCTIONAL TIME REQUIREMENTS OF SECTION

1327(B) SHALL NOT APPLY.

(J) THE FOLLOWING SHALL APPLY:

(1) THE MINIMUM INSTRUCTIONAL TIME REQUIREMENTS OF SECTION

1327.1 SHALL NOT APPLY.

(2) THE REQUIREMENTS TO ADMINISTER A NATIONALLY NORMED

STANDARDIZED ACHIEVEMENT TEST OR STATEWIDE TEST UNDER SECTION

1327.1(E)(1) AND CONDUCT THE ANNUAL EVALUATIONS UNDER SECTION

1327.1(E)(2) AND (H.1) SHALL NOT APPLY.

(K) A PRIVATE OR NONPUBLIC SCHOOL WHICH WAS CLOSED BECAUSE

OF THE 2020 PANDEMIC MAY NOT RECEIVE MORE OR LESS PAYMENT FROM

SCHOOL ENTITIES FOR ANY STUDENT PLACED BY A SCHOOL ENTITY AND

ENROLLED AS OF MARCH 13, 2020, AS LONG AS THE PRIVATE OR

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NONPUBLIC SCHOOL IS OFFERING CONTINUITY OF EDUCATION DURING THE

PERIOD OF CLOSURE.

(L) THE FOLLOWING SHALL APPLY:

(1) EACH SCHOOL ENTITY MAY RENEGOTIATE A CONTRACT FOR

SCHOOL BUS TRANSPORTATION SERVICES TO ENSURE CONTRACTED

PERSONNEL AND FIXED COSTS, INCLUDING ADMINISTRATIVE AND

EQUIPMENT, ARE MAINTAINED DURING THE PERIOD OF SCHOOL

CLOSURE. DURING THE PERIOD OF SCHOOL CLOSURE, THE SCHOOL BUS

TRANSPORTATION CONTRACTOR SHALL SUBMIT WEEKLY DOCUMENTATION

TO THE SCHOOL ENTITY THAT ITS COMPLEMENT LEVELS REMAIN AT OR

ABOVE THE LEVEL ON MARCH 13, 2020, IN ORDER TO CONTINUE BEING

PAID.

(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, IF

A SCHOOL ENTITY CONTINUES TO PAY A SCHOOL BUS TRANSPORTATION

CONTRACTOR OR OPERATES ITS OWN SCHOOL BUS TRANSPORTATION, THE

SCHOOL ENTITY SHALL BE ELIGIBLE FOR REIMBURSEMENT FROM THE

DEPARTMENT OF EDUCATION AT A RATE THE SCHOOL ENTITY WOULD

HAVE RECEIVED HAD THE PANDEMIC OF 2020 NOT OCCURRED, HAD THE

MINIMUM INSTRUCTION DAYS REQUIREMENT NOT BEEN WAIVED UNDER

SUBSECTION (B)(1) OR HAD THE SECRETARY NOT TAKEN ACTION UNDER

SUBSECTION (B)(2).

(M) A PRIVATE RESIDENTIAL REHABILITATIVE INSTITUTION THAT

WAS CLOSED BECAUSE OF THE 2020 PANDEMIC MAY NOT RECEIVE LESS

PAYMENT FROM SCHOOL ENTITIES OR THE COMMONWEALTH FOR ANY STUDENT

ENROLLED AS OF MARCH 13, 2020.

(N) 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:

"NIMS ASSESSMENT." AN ASSESSMENT BASED ON THE NATIONAL

INSTITUTE FOR METALWORKING SKILLS STANDARDS.

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"NOCTI EXAM." A NATIONAL OCCUPATIONAL COMPETENCY TESTING

INSTITUTE EXAM.

"SCHOOL ENTITY." ANY SCHOOL DISTRICT, INTERMEDIATE UNIT,

AREA CAREER AND TECHNICAL SCHOOL, CHARTER SCHOOL, CYBER CHARTER

SCHOOL OR REGIONAL CHARTER SCHOOL A CHILD ATTENDS IN ORDER TO

FULFILL THE COMPULSORY ATTENDANCE REQUIREMENTS OF THIS ACT.

Section 4 5. Any regulation inconsistent with this act is

abrogated to the extent of any inconsistency with this act.

Section 5 6. This act shall take effect immediately.

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