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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.
* * *
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.
(C) Buildings must have a minimum of two
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.
(c) 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.
(c) Nationally recognized standardized
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.
(c) Nationally recognized standardized
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.
(C) Nationally recognized standardized tests.
(D) Industry certification examinations.
(E) Student projects pursuant to local
requirements.
(F) Student portfolios pursuant to local
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requirements.
(c) Temporary professional employee.--Beginning in the 2021-
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
(c) may include the use of multiple classroom walk-throughs in
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.
(c) Performance goals.--Performance goals shall comprise 20%
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.
(C) A score of 1, which indicates "needs
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%.
(c) Temporary professional employee.--Beginning in the 2021-
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.
(c) Rating scale.--The department shall develop a rating
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.
(c) Professional development requirements.--
(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%.
(C) Instruction, 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.
(C) Nationally recognized standardized tests.
(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.
(C) NOTWITHSTANDING THE PROVISIONS UNDER SUBSECTION (B), THE
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
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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
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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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