Trial Engrossment of Amendment A02058 to Senate Bill 0756 P.N. 0939, Regular Session 2017-2018

A02058

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

756

Session of

2017

INTRODUCED BY DINNIMAN, EICHELBERGER, GORDNER, DiSANTO, WHITE,

YUDICHAK, RAFFERTY, MARTIN, BROOKS, FONTANA, HUTCHINSON,

SABATINA, RESCHENTHALER, McGARRIGLE, BLAKE, KILLION, MENSCH,

BOSCOLA, VOGEL, WAGNER, BAKER, BREWSTER, GREENLEAF,

VULAKOVICH, FARNESE, STREET, LEACH, SCHWANK, FOLMER, COSTA,

HUGHES, HAYWOOD, TARTAGLIONE, McILHINNEY, BARTOLOTTA,

SCAVELLO, LANGERHOLC, TOMLINSON, WARD, LAUGHLIN, ALLOWAY,

REGAN, YAW, STEFANO, WILLIAMS AND BROWNE, JUNE 13, 2017

REFERRED TO EDUCATION, JUNE 13, 2017

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in preliminary provisions, providing

for assessments for Federal accountability; in duties and

powers of boards of school directors, further providing for

publication of rules, regulations and policies; in

professional employees, further providing for rating system;

and, in high schools, further providing for high school

certificates.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

Section 121.1. Assessments for Federal Accountability.--(a)

Beginning with the 2017-2018 school year, the department shall

no longer:

(1) Develop, implement, maintain or provide to any school

entity the Keystone Exams.

(2) Maintain contracts with any vendor for any services

related to the Keystone Exams.

(3) Advise any school entity to offer the Keystone Exams to

any student for any purpose whatsoever.

(4) Require the Keystone Exams as a Statewide assessment for

reporting purposes or any other purpose whatsoever.

(b) During the 2017-2018 school year, the department shall

identify for inclusion in the State plan and reporting Federal

accountability, and to use as the baseline measure for student

growth, the following assessments to be administered as

appropriate:

(1) The Preliminary Scholastic Aptitude Test, which shall be

administered in the fall of grade ten. Data obtained from the

test shall be used for measurements that require data from

academic assessments required under section 1111(b)(2)(B)(v)(I)

(bb) and (II)(cc) of ESSA (20 U.S.C. § 6311(b)(2)(B)(v)(I)(bb)

and (II)(cc)) and, as appropriate, in other areas of

measurement.

(2) The Pennsylvania System of School Assessment test. Data

obtained from the test shall be used for measurements that

require data from academic assessments required for grades three

through eight and, as appropriate, in other areas of

measurement.

(3) The Pennsylvania Alternate System of Assessment,

provided that those students with individualized education plans

may attain the academic standards by completion of their

individualized education programs under the Individuals with

Disabilities Education Act. Data obtained from the test shall be

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used for measurements that require data from academic

assessments required under section 1111(b)(2)(D) of ESSA (20

U.S.C. § 6311(b)(2)(D)) and, as appropriate, in other areas of

measurement.

the Pennsylvania System of School Assessment test to determine

whether or not its continued use in testing and measuring grades

three through eight for the purposes of Federal accountability

is appropriate, and:

(i) if the task force determines that continued use is

appropriate, determine a course to reduce the testing time

currently required for the Pennsylvania System of School

Assessment test; or

(ii) if the task force determines that continued use is not

appropriate, determine an alternative test to administer for

grades three through eight.

(2) The task force shall be composed of the following:

(i) The Secretary of Education or a designee.

(ii) Members representative of educators, parents and

community leaders as follows:

(A) Four members appointed by the chair and minority chair

of the Education Committee of the Senate.

(B) Four members appointed by the chair and minority chair

of the Education Committee of the House of Representatives.

(3) The task force shall submit a report of its findings and

recommendations no later than six months after the effective

date of this section to the following:

(i) The Governor.

(ii) The Secretary of Education.

(iii) The State board.

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(iv) The President pro tempore of the Senate.

(v) The Majority Leader of the Senate.

(vi) The Minority Leader of the Senate.

(vii) The Education Committee of the Senate.

(viii) The Speaker of the House of Representatives.

(ix) The Majority Leader of the House of Representatives.

(x) The Minority Leader of the House of Representatives.

(xi) The Education Committee of the House of

Representatives.

(d) (1) For an assessment listed in subsection (b) that the

department has not established a score that a student must

attain to demonstrate federally established accountability

levels or for inclusion in the State plan, the department shall

establish and submit the same to the State board for action by

the State board. The department shall establish, at the time it

establishes scores for the PSAT, separate scores for separate

uses of the PSAT, which shall be used in comparison data

measurements from the baseline. The scores shall be developed

for comparison with federally required academic assessments

under section 1111(b)(2)(B)(v)(I)(bb) and (II)(cc) of ESSA and,

as appropriate, for inclusion in other areas of measurement. The

score established for the PSAT for comparison measurements with

federally required academic assessments in section 1111(b)(2)(B)

(v)(II)(cc) of ESSA shall be based on the questions within the

verbal and math PSAT that focus on the science.

(2) The State board must approve or disapprove within sixty

(60) days of submission by the department to the office of the

State board or at its next regular scheduled meeting, whichever

is sooner, the score for each federally established

accountability level that a student must attain on each approved

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assessment. Failure of the State board to approve or disapprove

the submission within the time established under this section

shall be deemed an approval.

(e) (1) Beginning with the 2018-2019 school year, to comply

with ESSA or its regulations, or any subsequent waiver or

subsequent act of Congress related thereto that requires

assessment for the purpose of Federal accountability, the

department shall identify the following assessments as a set of

high-quality student academic assessments to be used, as

appropriate, for inclusion in the State plan and reporting

Federal accountability as required under ESSA:

(i) The Pennsylvania System of School Assessment test or an

alternative test prescribed by the task force under subsection

through eight.

(ii) The PSAT, which shall be administered in the fall of

grade ten.

(iii) The Scholastic Aptitude Test for verbal and math

skills. Although a student may take the written part of the SAT

for verbal skills at the student's expense, no written part of

the SAT shall be required under this subclause.

(iv) The armed forces qualification test.

(v) A competency assessment or certification for a student

who, by the end of a reporting year, is reported as successfully

completing at least fifty per centum (50%) of the minimum

technical instructional hours required under 22 Pa. Code Ch. 339

(relating to vocational education), related to the student's

program of study. The assessment may include a National

Occupational Competency Testing Institute exam, an assessment

based on the National Institute for Metalworking Skills

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standards or any other industry-based competency assessment

identified by the Secretary of Education and approved by the

State board as demonstrating a high likelihood of readiness for

continued meaningful engagement in the student's program of

study.

(vi) The Pennsylvania Alternate System of Assessment to meet

Federal accountability requirements of an assessment designed

for students with the most significant cognitive disabilities.

However, students with individualized education plans may attain

the academic standards by completion of their individualized

education programs under the Individuals with Disabilities

Education Act.

(2) (i) For an assessment listed in clause (1) for which

the department has not established a score that a student must

attain to demonstrate federally established accountability

levels or for inclusion in the State plan, the department shall

establish and submit the same to the State board for action by

the State board. The department shall establish, at the time it

establishes scores for the PSAT, if it has not already done so,

separate scores for separate uses of the PSAT, which shall be

used in comparison data measurements from the baseline. The

scores shall be developed for comparison with federally required

academic assessments under section 1111(b)(2)(B)(v)(I)(bb) and

(II)(cc) of ESSA and, as appropriate, for inclusion in other

areas of measurement. The score established for the PSAT for

comparison measurements with federally required academic

assessments under section 1111(b)(2)(B)(v)(II)(cc)) of ESSA,

shall be based on the questions within the verbal and math PSAT

that focus on the science.

(ii) The State board must approve or disapprove within sixty

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(60) days of submission by the department to the office of the

State board or at its next regular scheduled meeting, whichever

is sooner, the score for each federally established

accountability level that a student must attain on each approved

assessment. Failure of the State board to approve or disapprove

the submission within the time established under this section

shall be deemed an approval.

(3) Every five years the department shall request

competitive bids and shall contract for the assessments required

in this subsection.

(f) An assessment used for the purposes of Federal

accountability under subsection (e) or any score of a student on

the assessment:

(1) Shall not be used as a requirement for high school

graduation.

(2) Shall be administered one time per school year for the

purpose of meeting the Federal accountability requirements with

one make-up date provided for a student unable to participate on

the originally scheduled date. A school entity may select a date

to make up an assessment under this clause that is a Saturday or

during a school year vacation period.

(3) Shall not be retaken by any student.

(4) Shall not be required to be taken by a student, if the

student has met the Federal accountability requirements by

taking another approved assessment under subsection (b) in the

same content area for the respective grade.

(5) Shall not exceed two instructional days to administer

when administered to meet the Federal accountability requirement

for grades nine through twelve. However, when administered for

students with the most significant cognitive disabilities,

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administration shall not exceed three instructional days.

(6) Shall not exceed sixty per centum (60%) of the testing

time currently required for the Pennsylvania System of School

Assessment test when administered to meet the Federal

accountability requirements for grades three through eight.

(7) Shall be scored and returned to the school entity within

thirty (30) days when administered to meet the Federal

accountability requirement for grades nine through twelve.

(8) Shall be part of an assessment system that does the

following:

(i) Provides practice for all students.

(ii) Provides scholarship opportunities.

(iii) Provides actionable score reports.

(iv) Is useful for instructional support and identifying

learning needs.

(v) Provides information on readiness for advanced

coursework, including STEM courses when administered to measure

verbal or math skills for grades nine through twelve.

(9) May be used for diagnostic purposes to assess student

improvement and growth.

(10) Shall be used as part of a rigorous system of teacher

evaluation and school performance, in accordance with section

1123.

(g) Each school entity shall determine the assessment from

subsection (e)(1)(ii), (iii), (iv), (v) or (vi) to submit to the

department for the purpose of Federal accountability for any

student who, by the end of a reporting year, is reported as

successfully completing at least fifty per centum (50%) of the

minimum technical instructional hours required under 22 Pa. Code

Ch. 339 related to the student's program of study.

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(h) A school entity's governing board shall adopt a policy

that provides that the parent or guardian of a student may

request that the student be exempt from taking an assessment

that is required for the purpose of Federal accountability as

permitted under ESSA. The policy shall provide that parents and

guardians of students receive written notice of the option for a

student to be exempt from taking the assessment and that the

exemption shall be permitted upon the school entity's receipt of

a written request from the parent or guardian of the student. A

substitute assessment or an alternative assessment, course or

program may not be required of a student exempted under this

section. Grounds for exemption in the school entity's policy

shall include, but not be limited to:

(1) Religious grounds.

(2) The basis of a strong moral or ethical conviction

similar to a religious belief.

(3) Philosophical grounds.

(4) Privacy concerns.

(5) Health concerns for the child, which may include stress

and anxiety in preparation for the assessment.

(i) Scores achieved on an assessment used for the purposes

of Federal accountability under subsection (e) shall not be

included on student transcripts unless inclusion of the score on

the student's transcript is requested by the parent or guardian

of the student. A school entity's governing board shall adopt a

policy that provides that the parent or guardian of a student

has the option of including the student's score on an assessment

required for the purposes of Federal accountability for grades

nine through twelve on the transcript of the student. The policy

shall provide that parents and guardians of students receive

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written notice of the option to include the student's assessment

score on the student's transcript and that inclusion of the

assessment score on the transcript shall be permitted upon the

school entity's receipt of a written request from the parent or

guardian of the student.

(j) All regulations and parts of regulations are abrogated

insofar as they are inconsistent with this section.

(k) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Department" shall mean the Department of Education of the

Commonwealth.

"ESSA" shall mean the reauthorization of the Elementary and

Secondary Education Act of 1965 (Public Law 89-10, 20 U.S.C. §

6301 et seq.), known as the Every Student Succeeds Act (Public

Law 114-95, 129 Stat. 1802).

"Individuals with Disabilities Education Act" shall mean the

Individuals with Disabilities Education Act (Public Law 91-230,

20 U.S.C. § 1400 et seq.)

"Preliminary Scholastic Aptitude Test" or "PSAT" shall mean

the nationally recognized preliminary SAT developed by the

college board and cosponsored by the national merit scholarship

corporation.

"Scholastic Aptitude Test" or "SAT" shall mean the nationally

recognized college and career readiness assessment developed by

the college board.

"School entity" shall include a school district, intermediate

unit, joint school, area vocational-technical school, charter

school or cyber charter school.

"State board" shall mean the State Board of Education.

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"State plan" shall mean the State plan prepared by the

department for the Commonwealth to implement the ESSA and

submitted to the United States Secretary of Education for

approval, as provided in section 1005 of the ESSA.

"Task force" shall mean the task force established under

subsection (c).

Section 2. Section 510.2(5) of the act, added July 13, 2016

(P.L.716, No.86), is amended to read:

Section 510.2. Publication of Rules, Regulations and

Policies.--The board of school directors of a school district

shall post on its publicly accessible Internet website the

following rules, regulations and policies to the extent that

they are required to be adopted by the school district under

Federal or State law:

* * *

(5) The following relating to community:

(i) Public participation in school board meetings.

(ii) Public attendance at school events.

(iii) Parental involvement policy for parents and guardians

of students participating pursuant to section 1118 of the

Elementary and Secondary Education Act of 1965 (Public Law 89-

10, 20 U.S.C § 6318).

(iv) Public access to and use of school district buildings,

facilities and grounds.

(v) Public complaint process.

(vi) Parent and student review policies related to teacher

evaluations under section 1123(b)(1)(iii)(B)(I)(aa).

Section 3. Section 1123 of the act is amended to read:

Section 1123. Rating System.--(a) In determining whether a

professional employe shall be dismissed for incompetency or

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unsatisfactory teaching performance as provided for in section

1122(a) of this act, and in rating professional employes and

temporary professional employes, all professional employes and

temporary professional employes shall be rated through the use

of an approved rating tool developed by the Secretary of

Education in consultation with education experts, parents of

school-age children enrolled in a public school, teachers and

administrators, including research and collaboration conducted

by the department.

(b) For professional employes and temporary professional

employes who serve as classroom teachers, the following shall

apply:

(1) [Beginning in the 2013-2014 school year, the] The

evaluation of the effectiveness of professional employes and

temporary professional employes serving as classroom teachers

shall give due consideration to the following:

[(i) Classroom observation and practice models that are

related to student achievement in each of the following areas:

(A) Planning and preparation.

(B) Classroom environment.

(D) Professional responsibilities.

(ii) Student performance, which shall comprise fifty per

centum (50%) of the overall rating of the professional employe

or temporary professional employe serving as a classroom teacher

and shall be based upon multiple measures of student

achievement. The fifty per centum (50%) shall be comprised of

the following:

(A) Fifteen per centum (15%) building-level data, including,

but not limited to, all of the following:

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(I) Student performance on assessments.

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

the department under section 221.

(III) Graduation rate as reported to the department under

section 222.

(IV) Promotion rate.

(V) Attendance rate as reported to the department under

section 2512.

(VI) Advanced placement course participation.

(VII) Scholastic aptitude test and preliminary scholastic

aptitude test data.

(B) Fifteen per centum (15%) teacher-specific data,

including, but not limited to, student achievement attributable

to a specific teacher as measured by all of the following:

(I) Student performance on assessments.

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

the department under section 221.

(III) Progress in meeting the goals of student

individualized education plans required under the Individuals

With Disabilities Education Act (Public Law 91-230, 20 U.S.C. §

1400 et seq.).

(IV) Locally developed school district rubrics.

measures of student achievement that are locally developed and

selected by the school district from a list approved by the

department and published in the Pennsylvania Bulletin by June 30

of each year, including, but not limited to, the following:

(I) District-designed measures and examinations.

(II) Nationally recognized standardized tests.

(III) Industry certification examinations.

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(IV) Student projects pursuant to local requirements.

(V) Student portfolios pursuant to local requirements.

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

develop, issue and publish in the Pennsylvania Bulletin a rating

tool for professional employes and temporary professional

employes serving as classroom teachers that is consistent with

this subsection and includes the weights given to the multiple

measures of student performance contained in clause (1)(ii).

(ii) Following publication, the rating tool developed under

this subsection shall be used in the rating of all professional

employes and temporary professional employes serving as

classroom teachers.

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

developed under this subsection shall be made by the State Board

of Education through regulations promulgated under the act of

June 25, 1982 (P.L.633, No.181), known as the "Regulatory Review

Act."]

(i) (A) Thirty per centum (30%) Forty per centum (40%) of

the overall rating of the professional employe or temporary

professional employe serving as a classroom teacher shall

include classroom observations and practice models that are

related to student achievement in each of the following areas:

(I) Planning and preparation.

(II) Classroom environment.

(III) Instruction.

(IV) Professional responsibilities.

(B) Classroom observations of teachers under this subclause

shall be performed:

(I) Once annually by the principal in conjunction with the

shall be performed once annually by the principal in conjunction

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with the school district superintendent or, if so directed by

the school district superintendent, an assistant administrator,

provided that no unsatisfactory rating shall be valid unless

approved by the school district superintendent.

(II) Once annually by a third party evaluator, who shall be

contracted with by the intermediate unit in which the school

district is located.

shall be conducted no earlier in the school year than January 1.

(D) Classroom observations in paragraph (B)(I) and (II) (B)

shall be equally weighted in determining the total classroom

observation rating under paragraph (A).

(ii) Student growth and performance shall comprise fifty per

centum (50%) of the overall rating of the professional employe

or temporary professional employe serving as a classroom teacher

and shall be based upon multiple measures of student

achievement. The fifty per centum (50%) shall be comprised of

measures of student achievement that are attributable to a

specific teacher as follows:

(A) For a teacher providing instruction in a core subject

measurable by an assessment in section 121.1, thirty per centum

(30%) twenty per centum (20%) of the overall rating shall be

based on teacher-specific data on student achievement on

assessment. The remaining twenty per centum (20%) thirty per

centum (30%) shall be based on the factors in paragraph (C).

(B) For a teacher not providing instruction in a core

subject measurable by an assessment in section 121.1, fifty per

centum (50%) of the overall rating shall be based upon the

factors in paragraph (C).

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district shall include:

(I) Student growth, as measured by either value-added

assessment system data made available by the department under

section 221 or value-added measures made available by the school

district under local requirements.

(II) Progress in meeting the goals of student individualized

education plans required under the Individuals with Disabilities

Education Act (Public Law 91-230, 20 U.S.C. § 1400 et seq.) and

Statewide alternate assessments designed for students with

significant cognitive disabilities.

(III) Locally developed school district rubrics related to

developing students' critical thinking, creativity and

collaboration skills.

(IV) Student portfolios pursuant to local requirements.

(iii) Ten per centum (10%) of the overall rating of the

professional employe or temporary professional employe serving

as a classroom teacher shall be comprised of parental and

student reviews. The ten per centum (10%) shall be comprised of

the following:

(A) In kindergarten through fifth eighth grade, five per

centum (5%) of the overall rating shall be based upon parental

input that may include multiple parent engagement instruments,

including, but not limited to, a survey instrument to be

completed by parents and designed under paragraph (C), and five

per centum (5%) of the overall rating shall be based upon a

rubric developed by the school district that is related to

parent and teacher communication, engagement and performance .

that may include a measure for an age-appropriate survey

instrument to be developed by the local school district and

completed by the students who are provided instruction by the

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teacher. During the 2017-2018 school year, the school district

superintendent shall develop and submit the proposed rubric and

survey instrument to be completed by students if a part of the

proposed rubric, to the board of school directors for approval

at a public meeting held within sixty (60) days after the school

district superintendent submits the proposed rubric to the

board.

(B) In sixth ninth through twelfth grades, five per centum

(5%) of the overall rating shall be based on parental input that

may include multiple parent engagement instruments, including,

but not limited to, a survey instrument to be completed by

parents and designed under paragraph (C), and five per centum

(5%) of the overall rating shall be based on a survey instrument

to be developed by the local school district and to be completed

by the students who are provided instruction by the teacher. The

survey instrument to be completed by a student shall be

developed as follows:

(I) During the 2017-2018 school year, the school district

superintendent shall develop and submit the proposed survey

instrument to the board of school directors for approval at a

public meeting held within sixty (60) days after the school

district superintendent submits the proposed survey instrument

to the board.

(II) The survey instrument shall include a comment section

for additional written response.

for input as a part of multiple parent engagement instruments

under paragraphs (A) and (B) shall be developed by the

department to score teacher performance. The survey instrument

shall include a comment section for additional written response.

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The score shall be on a one hundred (100) point scale derived

from the following equally weighted questions:

(I) The overall parental satisfaction with the performance

of the teacher.

(II) Whether the teacher engages in frequent and informative

communications with the parent about student progress,

attendance, behavior, curriculum topics and objectives.

(III) Whether the teacher is approachable and open to

parental input.

(IV) Whether the teacher maintains a classroom environment

in which the student feels safe.

(V) Whether the teacher administers discipline appropriately

and consistently.

(VI) Whether the teacher provides the student and the parent

or guardian with information about classroom expectations and

support for learning at home.

(VII) Whether the teacher knows the content area and how to

teach it.

(VIII) Whether the teacher treats the student and parent or

guardian with respect and care.

(IX) Whether the teacher acknowledges individual needs and

provides appropriate individual assistance to engage the student

in learning.

(X) Whether the teacher has knowledge of and serves the

needs of the communities located within the school district.

(iv) Ten per centum (10%) of the overall rating of a

classroom teacher shall be comprised of a survey instrument to

be completed by peer teachers. The survey shall be developed and

(100) point scale derived from the following equally weighted

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factors:

(A) Whether a classroom teacher collaborates with the

teacher's peers to improve instructional pedagogy, strengthen

understanding of curriculum content and work together to improve

student learning.

(B) Whether a classroom teacher utilizes additional

classroom resources such as online learning materials that are

aligned to assessments in section 121.1.

the needs of other classroom teachers at the school and works

together with other classroom teachers to create an educational

environment in which all students can learn.

(D) The performance of a classroom teacher related to

planning and preparation, classroom environment, instruction and

professional responsibilities.

(E) The overall performance of the classroom teacher.

(2) (i) Prior to the 2018-2019 school year, the department

shall develop, issue and publish in the Pennsylvania Bulletin a

rating tool for professional employes and temporary professional

employes serving as classroom teachers for purposes of this

subsection and section 121.1, which includes the weights given

to the multiple measures of student performance contained in

clause (1)(ii).

(ii) Following publication, the rating tool developed under

this subsection shall be used in the rating of all professional

employes and temporary professional employes serving as

classroom teachers.

employes serving as principals, the following shall apply:

(1) Beginning in the [2014-2015] 2018-2019 school year,

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principal effectiveness shall be measured using a rating tool

designed specifically for professional employes and temporary

professional employes serving as principals [which shall give

due consideration to the following:

(i) Planning and preparation.

(ii) School environment.

(iii) Delivery of service.

(iv) Professional development.

(v) Student performance, pursuant to clause (2).

(2) Student performance shall be measured as provided in

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

professional employes supervised by the principal and shall

comprise fifty per centum (50%) of the principal's overall

rating. The fifty per centum (50%) shall be comprised of the

following:

(A) Fifteen per centum (15%) building-level data, including,

but not limited to, all of the following:

(I) Student performance on assessments.

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

the department under section 221.

(III) Graduation rate as reported to the department under

section 222.

(IV) Promotion rate.

(V) Attendance rate as reported to the department under

section 2512.

(VI) Advanced placement course participation.

(VII) Scholastic aptitude test and preliminary scholastic

aptitude test data.

(B) Fifteen per centum (15%) correlation data based on

teacher-level measures.

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measures of student achievement that are locally developed and

selected by the school district from a list approved by the

department and published in the Pennsylvania Bulletin by June 30

each year, which shall include, but not be limited to, the

following:

(I) District-designed measures and examinations.

(II) Nationally recognized standardized tests.

(III) Industry certification examinations.

(IV) Student projects pursuant to local requirements.

(V) Student portfolios pursuant to local requirements.

(3) (i) No later than June 30, 2014, the department shall

develop, issue and publish in the Pennsylvania Bulletin a rating

tool for professional employes and temporary professional

employes serving as principals that is consistent with this

subsection and includes the weights given to the multiple

measures of student performance contained in clause (2).

(ii) Following publication, the rating tool developed under

this subsection shall be used in the rating of all principals

superseding all other rating cards and forms used previously.

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

developed under this subsection shall be made by the State Board

of Education through regulations promulgated under the

"Regulatory Review Act."]

as follows:

(i) (A) Fifty per centum (50%) of the principal's overall

rating shall give due consideration to the following:

(A) (I ) Planning and preparation.

(B) (II) School environment.

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(D) (IV) Professional development.

(B) Ten per centum (10%) of the principal's overall rating

shall be based on parent input related to principal performance

that may include multiple parent engagement instruments,

including, but not limited to, a survey instrument to be

completed by parents of students within the school. The survey

instrument shall be developed by the department to score

principal performance and shall include a comment section for

additional written response. The score shall be on a one hundred

(100) point scale derived from the following equally weighted

questions:

(I) The overall parental satisfaction with the performance

of the principal.

(II) Whether the principal engages in frequent and

informative communication with the parent about the school

vision and the implementation of a plan to achieve the school

vision.

(III) Whether the principal is approachable and open to

parental input.

(IV) Whether the principal maintains a school environment in

which students feel safe.

(V) Whether the principal administers discipline

appropriately and consistently.

(VI) Whether the principal provides students and parents

with information about school expectations and support for

learning at home.

(VII) Whether the principal treats students and parents with

respect and care.

(VIII) Whether the principal acknowledges individual needs

and provides appropriate individual assistance to engage

A02058 - 22 -

students within the school.

(IX) Whether the principal has knowledge of and serves the

needs of the communities located within the school district.

(X) Whether the principal supports all professional employes

and nonprofessional employes with respect and opportunity for

professional development.

(ii) Fifty per centum (50%) of the principal's overall

rating shall be comprised of teacher ratings and student growth

and performance as provided in subsection (b)(1) for

professional employes and temporary professional employes

supervised by the principal. The fifty per centum (50%) shall be

comprised of the following:

(A) Twenty per centum (20%) of the principal's overall

rating shall be comprised of building-level data, which shall

include all of the following:

(I) Student performance on assessments under section 121.1.

(II) Graduation rate as reported to the department under

section 222.

(III) Promotion rate.

(IV) Attendance rate as reported to the department under

section 2512.

(V) Advanced placement course participation.

(B) Ten per centum (10%) , which of the principal's overall

rating shall be comprised of all overall teacher ratings under

the supervision of the principal under subsection (b)(1).

review through a survey instrument to be completed by parents of

students within the school. The survey instrument shall be

developed by the department to score principal performance. The

survey instrument shall include a comment section for additional

A02058 - 23 -

written response. The score shall be on a one hundred (100)

point scale derived from the following equally-weighted

questions:

(I) The overall parental satisfaction with the performance

of the principal.

(II) Whether the principal engages in frequent and

informative communications with the parent about the school

vision and the implementation of a plan to achieve the school

vision.

(III) Whether the principal is approachable and open to

parental input.

(IV) Whether the principal maintains a school environment in

which students feel safe.

(V) Whether the principal administers discipline

appropriately and consistently.

(VI) Whether the principal provides students and parents

with information about school expectations and support for

learning at home.

(VII) Whether the principal treats students and parents with

respect and care.

(VIII) Whether the principal acknowledges individual needs

and provides appropriate individual assistance to engage

students within the school.

(IX) Whether the principal has knowledge of and serves the

needs of the communities located within the school district.

(X) Whether the principal supports all professional and

nonprofessional employes with respect and opportunities for

professional development.

(D) Fifteen per centum (15%) (C) Twenty per centum (20%) of

the principal's overall rating shall be comprised of elective

A02058 - 24 -

data, including measures of student growth and achievement that

are locally developed and selected by the school district from a

list approved by the board of school directors at a public

meeting, five per centum (5%) ten per centum (10%) of which

shall be comprised of a locally developed measure of whether the

principal has knowledge of and serves the needs of the

communities located within the school district, and ten per

centum (10%) of which shall include:

(I) Student growth, as measured by either value-added

assessment system data made available by the department under

section 221 or value-added measures made available by the school

district under local requirements.

(II) District-designed measures and examinations.

(III) Student projects pursuant to local requirements.

(IV) Progress in meeting the goals of student individualized

education plans required under the Individuals with Disabilities

Education Act and Statewide alternate assessments designed for

students with significant cognitive disabilities.

(3) (i) Prior to the 2018-2019 school year, the department

shall develop, issue and publish in the Pennsylvania Bulletin a

rating tool for professional employes and temporary professional

employes serving as principals for purposes of this subsection

and section 121.1, which includes the weights given to the

multiple measures of student performance contained in clause (1)

(ii).

(ii) Following publication, the rating tool developed under

this subsection shall be used in the rating of all principals,

superseding all other rating cards and forms used previously.

(d) For nonteaching professional employes, the following

shall apply:

A02058 - 25 -

(1) Beginning in the [2014-2015] 2018-2019 school year,

nonteaching professional employes shall be evaluated using a

rating tool designed specifically for nonteaching professional

employes [which shall give due consideration to the following:

(i) Planning and preparation.

(ii) Educational environment.

(iii) Delivery of service.

(iv) Professional development.

(v) Student performance of all students in the school

building in which the nonteaching professional employe is

employed which shall comprise twenty per centum (20%) of the

overall rating of nonteaching professional employes and

temporary professional employes.

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

develop, issue and publish in the Pennsylvania Bulletin a rating

tool for nonteaching professional employes that is consistent

with this subsection and includes the weights given to the

multiple measures of student performance contained in clause

(1)(v).

(ii) Following publication, the rating tool developed under

this subsection shall be used in the rating of all nonteaching

professional employes.

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

rating tool developed under this paragraph shall be made by the

State Board of Education through regulations promulgated under

the "Regulatory Review Act."]

as follows:

(i) Eighty per centum (80%) of the nonteaching professional

employe's overall rating shall give due consideration to the

following:

A02058 - 26 -

(A) Planning and preparation.

(B) Educational environment.

(D) Professional development.

(ii) Student performance on assessments in section 121.1 of

all students in the school building in which the nonteaching

professional employe is employed shall comprise five per centum

(5%) of the overall rating of nonteaching professional employes

and temporary professional employes.

(iii) The Fifteen per centum (15%) of the nonteaching

professional employe's overall rating shall give due

consideration to factors locally developed and designed by the

school district . The factors shall include:

(A) Student growth, as measured by either value-added

assessment system data made available by the department under

section 221 or value-added measures made available by the school

district under local requirements.

(B) Progress in meeting the goals of student individualized

education plans required under the Individuals with Disabilities

Education Act and Statewide alternate assessments designed for

students with significant cognitive disabilities.

developing critical thinking, creativity and collaboration

skills.

(D) Student portfolios pursuant to local requirements.

(2) (i) Prior to the 2018-2019 school year, the department

shall develop, issue and publish in the Pennsylvania Bulletin a

rating tool for nonteaching professional employes that is

consistent with this subsection and includes the weights given

to the multiple measures of student performance contained in

A02058 - 27 -

clause (1)(ii).

(ii) Following publication, the rating tool developed under

this subsection shall be used in the rating of all nonteaching

professional employes.

(e) Notwithstanding subsections (b), (c) and (d),

professional employes and temporary professional employes

serving as classroom teachers, principals and nonteaching

professional employes may be evaluated through the use of a

rating tool developed by an individual school district,

intermediate unit or area vocational-technical school that the

department has approved as meeting or exceeding the measures of

effectiveness established under this section.

(f) (1) Each rating tool developed or approved under this

section shall identify the overall performance rating of the

professional employes and temporary professional employes

serving as classroom teachers, principals and nonteaching

professional employes as one of the following:

(i) Distinguished.

(ii) Proficient.

(iii) Needs improvement.

(iv) Failing.

(2) An overall performance rating of either "distinguished"

or "proficient" shall be considered satisfactory.

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

shall be considered satisfactory, except that any subsequent

overall rating of "needs improvement" issued by the same

employer within ten (10) years of the first overall performance

rating of "needs improvement" where the employe is in the same

certification shall be considered unsatisfactory.

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

A02058 - 28 -

considered unsatisfactory.

(5) An overall performance rating of "needs improvement" or

"failing" shall require the employe to participate in a

performance improvement plan. No employe shall be rated "needs

improvement" or "failing" based solely upon student test scores.

Prior to the beginning of the school year after an employe is

rated "needs improvement" or "failing" and is required to

participate in a performance improvement plan, the school

district shall develop the performance improvement plan in

consultation with the employe. The performance improvement plan

shall be implemented at the beginning of the school year after

an employe is rated "needs improvement" or "failing." The

employe shall be deemed "unsatisfactory" if the employe does not

receive a "distinguished" or "proficient" rating by the end of

the school year in which the performance improvement plan is

implemented.

(6) The department shall develop a rating scale to reflect

student performance measures and employe observation results and

establish overall score ranges for each of the four rating

categories contained in clause (1).

(g) Upon publication in the Pennsylvania Bulletin of a

rating tool developed under this section, the rating cards set

forth in 22 Pa. Code § 351.21 (relating to rating form) and any

alternative rating forms approved pursuant to 22 Pa. Code Ch.

351 (relating to teacher tenure hearings) prior to the

implementation of this section shall be discontinued for use in

the evaluation of professional and temporary professional

employes.

(h) The following shall apply to the ratings of all

professional employes and temporary professional employes:

A02058 - 29 -

(1) All ratings shall be completed using the rating tools

developed or approved under this section.

(2) Professional employes shall be rated at least annually

and temporary professional employes shall be rated at least

twice annually.

(3) [Ratings] Overall ratings shall be performed by or under

the supervision of the chief school administrator or, if so

directed by the chief school administrator, by an assistant

administrator, a supervisor or a principal who has supervision

over the work of the professional employe or temporary

professional employe being rated, provided that no

unsatisfactory rating shall be valid unless approved by the

chief school administrator.

(4) No employe shall be dismissed under section 1122 unless

the employe has been provided a completed rating tool provided

for under this section, which includes a description based upon

classroom observations of deficiencies in practice supported by

detailed anecdotal records that justify the unsatisfactory

rating.

(i) All school districts, intermediate units and area

vocational-technical schools shall provide to the department the

aggregate results of all professional employe and temporary

professional employe, principal and nonteaching professional

employe evaluations.

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

Education under this section shall be exempt from:

(i) Sections 201, 202, 203, 204 and 205 of the act of July

31, 1968 (P.L.769, No.240), referred to as the "Commonwealth

Documents Law."

(ii) Section 204(b) of the act of October 15, 1980 (P.L.950,

A02058 - 30 -

No.164), known as the "Commonwealth Attorneys Act."

(iii) The act of June 25, 1982 (P.L.633, No.181), known as

the "Regulatory Review Act."

[(2) This subsection shall not apply to any changes made to

a rating tool or new rating tool developed by the State Board of

Education pursuant to subsections (b)(2)(iii), (c)(3)(iii) and

(d)(2)(iii).]

(k) The State Board of Education [may] shall develop

standards or regulations consistent with this section.

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

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

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

subsections (c)(3) and (d)(2) shall expire on June 30, 2014.]

(m) No collective bargaining agreement negotiated by a

school district and an exclusive representative of the employes

in accordance with the act of July 23, 1970 (P.L.563, No.195),

known as the "Public Employe Relations Act," after the effective

date of this subsection shall provide for a rating system other

than as provided for in this section. A provision in any

agreement or contract in effect on the effective date of this

subsection that provides for a rating system in conflict with

this section shall be discontinued in any new or renewed

agreement or contract or during the period of status quo

following an expired contract.

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

school districts, intermediate units and area vocational-

technical schools.

(o) For purposes of this section:

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

of School Assessment test, [the Keystone Exam] all other

A02058 - 31 -

assessments listed under section 121.1, an equivalent local

assessment or another test established by the State Board of

Education to [meet the requirements of section

2603-B(d)(10)(i) and required under the No Child Left Behind Act

of 2001 (Public Law 107-110, 115 Stat. 1425) or its successor

statute] comply with the Every Student Succeeds Act (Public Law

114-95, 129 Stat. 1802) and its regulations, or any subsequent

waiver or subsequent act of Congress related thereto, that

requires assessment for the purpose of Federal accountability or

required to achieve other standards established by the

department for the school or school district under 22 Pa. Code §

403.3 (relating to single accountability system).

(2) The term "chief school administrator" shall include

individuals who are employed as a school district

superintendent, an executive director of an intermediate unit or

a chief school administrator of an area vocational-technical

school.

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

employe or temporary professional employe who provides direct

instruction to students related to a specific subject or grade

level.

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

Education of the Commonwealth.

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

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

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

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

an education specialist or a professional employe or temporary

professional employe who provides services other than classroom

instruction.

A02058 - 32 -

(6.1) The term "parent" shall mean an individual who is a

birth parent whose rights have not been terminated, custodial

parent, designated guardian, guardian ad litem of the child,

foster parent, legal custodian, legal guardian, noncustodial

parent, adoptive parent, preadoptive parent or relative

providing care for the child if the relative is registered with

the school as a contact, subject to any laws pertaining to

minors, emancipation or termination of parental rights, court

orders or any other laws designed for the protection of a child.

(7) The term "performance improvement plan" shall mean a

plan, designed by a district with input of the employe, that may

include mentoring, coaching, recommendations for professional

development and intensive supervision based on the contents of

the rating tool provided for under this section.

(8) The term "principal" shall include a building principal,

an assistant principal, a vice principal or a director of

vocational education.

(9) The term "third-party evaluator" shall mean a retired

teacher, principal or any other school administrator who has

extensive experience in the classroom or in school

administration and has been approved by the department as

qualified to conduct classroom observations. The department

shall determine the qualifications of the evaluator, which shall

include, but not be limited to, the following:

(i) A letter of eligibility or certification obtained prior

to retirement in the grade levels or subject area of the

classroom to be evaluated.

(ii) Never having been employed by the school district where

classroom observation will occur.

(iii) Factors evidencing reputation such as high

A02058 - 33 -