Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 6342 (October 1, 2022).

22 Pa. Code § 19.1a. General provisions.

§ 19.1a. General provisions.

 The subsections Definitions and Terms, Evaluation Process, Maintaining and Reporting Evaluation Data and Records, and Standards of Use for Rating Tools included in this section are applicable to the evaluation of classroom teachers in §  19.2a (relating to Classroom Teacher Evaluation), principals in §  19.3a (relating to Principal Evaluation) and nonteaching professionals in §  19.4a (relating to Nonteaching Pofessional (NTP) Employee Evaluation).

 (a)  Definitions and Terms

 When used in this chapter, the following words and terms shall have the following meanings unless the context clearly indicates otherwise:

   Assessment—The Pennsylvania System of School Assessment test, the Keystone Exams 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) of the Public School Code (24 P.S. §  26-2603-B(d)(10)(i)) and the requirements of the Every Student Succeeds Act (Pub.L. No 114-95) or its successor statute or required to achieve other standards established by the Department for the school or school district.

   Attendance Rate—The Average Daily Attendance (ADA) divided by the Average Daily Membership (ADM), where:

   (1)  ADA is the total number of days of student attendance divided by the total number of days in the regular school year.

   (2)  ADM is the total number of days enrolled (days present plus days absent) divided by the actual total number of student days in the regular school year.

   Building—A school or configuration of grades assigned a unique four-digit identification number by the Department.

   Challenge Multiplier—An adjustment of the building level score by adding points based on the percentage of economically disadvantaged students enrolled in the school.

   Chief School Administrator—An individual employed as a school district superintendent, an executive director of an intermediate unit, or an administrative director of an area career and technical school.

   Classroom Teacher—A professional or temporary professional employee who provides direct instruction to students related to a specific subject or grade level.

   Comprehensive Classroom Observation—An observational classroom visit that includes a pre-conference and post-conference 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 post-conference 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 post-conference shall not receive a rating of needs improvement or failing on the comprehensive classroom observation component of an evaluation. The requirement of a post-conference 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.

   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) of the Public School Code (24 P.S. § §  11-1138.3(a)(1)) or (b)(1)), a nonteaching professional employee’s growth in one or more areas listed in section 1138.5(a) or (b) of the Public School Code (24 P.S. § §  11-1138.5(a) or (b)).

   (2)  Is offered only to professional employees who received a proficient or distinguished annual rating in both of the 2 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.

   District-Designed Measures and Examinations—Methods for evaluating student performance created or selected by a local education agency (LEA).

   Economically Disadvantaged—The status of a student as reported by a school district, intermediate unit, or area 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.

   Educational Specialist—A person who holds an educational specialist certificate issued by the Commonwealth, including but not limited to, a certificate in the area of elementary school counselor, secondary school counselor, social restoration, school nurse, home and school visitor, school psychologist, dental hygienist, instructional technology specialist or nutrition service specialist.

   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 4 years.

   Growth—Calculated in the Pennsylvania Value-Added Assessment System (PVAAS) using longitudinal assessment data, growth reflects the level of evidence that a school’s students achieved the expected level of advancement over the academic year.

   IEP Goals Progress—A measure of growth and student performance for special education students as established in Individualized Education Program (IEP) plans by the LEA IEP team.

   Keystone Exam—An assessment developed or caused to be developed by the Department under 22 Pa. Code §  4.51 (relating to State assessment system).

   LEA—Local Education Agency—including a school district, area career technology and technical center, and intermediate unit, which is required to use a rating tool established under sections 1138.1—1138.16 of the Public School Code (24 P.S. § §  11-1138.1—11.1138.16).

   Locally Developed School District Rubrics—Measures of student performance created or selected by an LEA.

   Nondata-Available Teacher—A Classroom Teacher teaching in a content area not assessed by an Assessment.

   Nonteaching Professional (NTP) Employee——An educational specialist or a professional employee or temporary professional employee who provides services and who is not a classroom teacher.

   PVAAS—Pennsylvania Value-Added Assessment System——A statistical analysis established in compliance with 22 Pa. Code §  403.3 (relating to single accountability system) and used to measure the influence of a district, school, or teacher on the academic progress rates of groups of students from year to year. PVAAS data are made available by the Department under section 221 of the Public School Code (24 P.S. §  2-221).

   Performance Improvement Plan——A plan, designed by an LEA with documented input of 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 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 sections 1138.1—1138.16 of the Public School Code.

   Principal—Includes a building principal, an assistant principal, a vice principal, a supervisor of special education or a director of career and technical education.

   Professional Employee—Shall include those who are certificated as teachers, supervisors, supervising principals, principals, assistant principals, vice-principals, directors of career and technical education, dental hygienists, visiting teachers, home and school visitors, school counselors, child nutrition program specialists, school librarians, school secretaries the selection of whom is on the basis of merit as determined by eligibility lists and school nurses.

 Rating Scale—The method by which a value is assigned during the evaluation of a professional employee using the following levels of performance:

   (1)  A score of three, or ‘‘distinguished,’’ indicates the employee’s performance consistently reflects teaching professional position and placement at the highest level of practice.

   (2)  A score of two, or ‘‘proficient,’’ indicates the employee’s performance consistently reflects practice at a professional level.

   (3)  A score of one, or ‘‘needs improvement,’’ indicates the employee is functioning below proficient for performance expectations required for continued employment.

   (4)  A score of zero, or ‘‘failing,’’ indicates the employee does not meet performance expectations required for the position.

 Temporary Professional Employee—Any individual who has been employed to perform for a limited time the duties of a newly created position or of a regular professional employee whose service has been terminated by death, resignation, suspension or removal.

 (b)  Evaluation Process

   (1)  The rating of an employee 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, provided that no unsatisfactory rating shall be valid unless approved by the chief school administrator.

   (2)  An overall performance rating of Distinguished or Proficient shall be considered satisfactory.

   (3)  An employer may not limit the number of 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.

   (4)  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 four years of the first overall performance rating of Needs Improvement where the employee is in the same certification shall be considered unsatisfactory.

   (5)  An overall performance rating of Failing shall be considered unsatisfactory.

   (6)  No employee will be rated Needs Improvement or Failing based solely on student test scores.

   (7)  An employee who receives an overall performance rating of Needs Improvement or Failing shall participate in a performance improvement plan.

   (8)  Nothing in the definition of performance improvement plan shall interfere with the employer’s authority to design a plan.

   (9)  Professional employees who are considered satisfactory shall be rated no more than once annually.

   (10)  Professional employees who are considered unsatisfactory shall be rated at least annually.

     (i)   The first rating shall be calculated using the evaluation measures and weighting delineated in the rating tools as applicable to the employee.

     (ii)   Interim evaluations are not mandated; however, any interim rating of a professional employee who received an unsatisfactory rating on the annual evaluation shall be comprised of 70% Observation and Practice and 30% LEA Selected Measures, applying practice models, domain weighting and local measures as evaluated using the interim rating tool in Appendix A.

   (11)  Temporary professional employees shall be rated at least twice annually. The semi-annual rating of a temporary professional employee who serves as a classroom teacher or nonteaching professional shall be based 100% on Observation and Practice.

   (12)  No employee shall be dismissed for unsatisfactory performance unless the employee has been provided a completed rating tool, which includes a description based upon observations of deficiencies in practice supported by detailed anecdotal records that justify the unsatisfactory rating.

 (c)  Maintaining and Reporting Evaluation Data and Records

   (1)  It shall be the duty of the LEA to establish a permanent record system containing ratings for each employee within the LEA.

   (2)  No employee shall be dismissed for incompetency or unsatisfactory performance unless such rating records have been kept on file by the LEA.

   (3)  An employee’s individual rating form shall not be subject to disclosure under the Right-to-Know Law (65 P.S. § §  67.101—67.3104).

   (4)  LEAs shall provide to the Department the aggregate results of all classroom teacher, principal, and nonteaching professional employee evaluations.

 (d)  Standards of Use for Rating Tools

 Designed for LEAs providing early childhood, elementary or secondary education across the Commonwealth, the Educator Effectiveness Rating Tools function as summary records in the evaluation of professional employees and temporary professional employees.

   (1)  Each tool is comprised of instructions and forms for documenting the results of the evaluation process and consistent with the professional employee’s classification comprised of the following:

     (i)   Observation and Practice findings and evidence.

     (ii)   Student Performance Data (if attributable and applicable):

       (A)   Building Level Data, comprised of Student Performance on Assessments (Assessment), Value-Added Assessment System Data (Growth), Attendance Rate, and Graduation Rate.

       (B)   Teacher-Specific Data: Student Performance on Assessments (Assessment), Value-Added Assessment System Data (Growth), and IEP Goals Progress.

       (C)   LEA Selected Measures, comprised of one or more of the following:

         (I)   Locally developed school district rubrics.

         (II)   District-designed measures and examinations.

         (III)   Nationally recognized standardized tests.

         (IV)   Industry certification examinations.

         (V)   Student projects under local requirements.

         (VI)   Student portfolios under local requirements.

       (D)   Performance Goals for professional employees or temporary professional employees performing as principals, assistant or vice principals, directors of area career and technical centers, or supervisors of special education.

   (2)  An employee may provide the evaluator with evidence or documented artifacts or both demonstrating the employee’s performance during the most recent rating period which directly pertain to the employee’s Observation and Practice evaluation results; however, the evaluator has the authority to determine whether the evidence or artifacts provided by the employee are relevant to the employee’s Observation and Practice evaluation results.

   (3)  The following table delineates, by professional employee evaluated, the areas of rating and rating significance in the evaluation process.

Table 19.1a-1: Rating Areas and Significance by Professional Employee Evaluated



Professional Employee Evaluated Observation &
Practice
Building Level Data TSD: Assessment,
Growth,
IEP Goals Progress
LEA Selected
Measures
Performance Goals
Data-Available Teacher 70% 10% 10%
All Measures
10% -
Non-Data-Available Teacher 70% 10% 10%
IEP Goals Progress only
10% -
Teacher w/out Building Level Data 80% - 10%
IEP Goals Progress only
10% -
Temporary Teacher 100% - - - -
Nonteaching Professional with Building Level Data 90% 10% - - -
Nonteaching Professional w/out Building Level Data 100% - - - -
Temporary Nonteaching Professional 100% - - - -
Principal with Building Level Data 70% 10% - - 20%
Principal w/out Building Level Data 80% - - - 20%

   (4)  Each area of evaluation shall be given a rating, if appropriate to the type of professional employee evaluated (see Table 19.1a-1 previously) and dependent on the applicability and availability of data:

     (i)   Observation and Practice.

       (A)   Based on one or more local observations, practice models, evidence, or documented artifacts, a rating of zero, one, two or three shall be assigned to each of the four Observation and Practice domains.

       (B)   The four domain ratings shall be weighted and summed, providing a single Observation and Practice rating of zero, one, two or three.

     (ii)   Building Level Data.

       (A)   A Building Level Score, comprised of available data in Student Performance on Assessments (Assessment), Value-Added Assessment System Data (Growth), Attendance Rate, and Graduation Rate and adjusted by a challenge multiplier as calculated in sections 1138.3(a)(2)(B) and 1138.4(b)(5) of the Public School Code (24 P.S. § §  11-1138.4(b)(5)), will be provided by the Department or its designee and published annually on the Department’s web site with an explanation of the calculation.

       (B)   The Building Level Score shall be calculated as follows:

         (I)   Assessment data shall comprise 40% of the Building Level Score, with assessments in English Language Arts, Mathematics and Science accounting for 15%, 15% and 10% of the score respectively. For every tested content area in which a building is missing assessment data, the denominator shall be reduced proportionally.

         (II)   PVAAS (Growth) data shall comprise 40% of the Building Level Score, with growth in English Language Arts, Mathematics and Science accounting for 15%, 15% and 10% of the score respectively. For every tested content area in which a building is missing PVAAS data, the denominator shall be reduced proportionally.

         (III)   Attendance Rate and Graduation Rate data each shall comprise 10% of the Building Level Score. Absent Graduation Rate data, Attendance Rate shall comprise 20% of the Building Level Score.

       (C)   A building must have a minimum of two of the four measures to receive a Building Level Score.

       (D)   For the evaluation of a professional employee assigned to multiple buildings, a composite Building Level Score shall be calculated proportional to the employee’s building assignments.

       (E)   The Building Level Score shall be converted to a zero—three point rating utilizing the conversion scale in Table 19.1a-2.

Table 19.1a-2: Building Level Score Conversion Scale



BUILDING LEVEL SCORE (BLS) CONVERSION 0—3 SCALE SCORE RANGE
90.0 to 100 (BLS x .05)—2.0 2.50—3.00
70.0 to 89.9 (BLS x .05)—2.0 1.50—2.49
60.0 to 69.9 (BLS x .10)—5.5 0.50—1.49
00.0 to 59.9 BLS x .0083 0.00—0.49

     (iii)   Teacher-Specific Data: Assessment, Growth, IEP Goals Progress.

       (A)   Statewide Assessment data applicable and attributable to the classroom teacher will be provided by the Department or its designee, if and when the data are available, with an explanation of how the data were derived. Assessment data shall be assigned a zero—three point rating utilizing the conversion scale in Table 19.1a-3.

Table 19.1a-3: Assessment Data Conversion Scale



% STUDENTS PROFICIENT/ADVANCED 0—3 SCALE SCORE
95—100% 3.0
90—94.9% 2.5
80—89.9% 2.0
70—79.9% 1.5
65—69.9% 1.0
60—64.9% 0.5
Below 60% 0.0

       (B)   Statewide value-added assessment system data applicable and attributable to the classroom teacher will be provided by the Department or its designee, if and when the data are available, with an explanation of how the data were derived. PVAAS (Growth) data shall be assigned a zero—three point rating utilizing the conversion scale in Table 19.1a-4.

Table 19.1a-4: PVAAS (Growth) Data Conversion Scale



PVAAS SCORE CONVERSION 0—3 SCALE SCORE RANGE
90.0—100 (PVAAS Score x .05)—2.0 2.50—3.00
70.0 to 89.9 (PVAAS Score x .05)—2.0 1.50—2.49
60.0 to 69.9 (PVAAS Score x .10)—5.5 0.50—1.49
00.0 to 59.9 PVAAS Score x .0083 0.00—0.49

       (C)   Progress toward goals in students’ Individualized Education Plans (IEP Goals Progress) shall be assessed by the LEA, and the LEA shall assign a zero, one, two or three point rating.

       (D)   Assessment, Growth and IEP Goals Progress ratings shall be weighted and summed, providing a single zero—three point scale rating.

       (E)   A minimum of one measure is required to receive a rating for TSD: Assessment, Growth, IEP Goals Progress.

     (iv)   LEA Selected Measures.

       (A)   LEAs shall use one of the following measures to assess student performance attributable to the professional employee and to assign a zero, one, two- or three-point rating:

         (I)   Locally developed rubrics.

         (II)   District-designed measures and examinations.

         (III)   Nationally recognized standardized tests.

         (IV)   Industry certification examinations.

         (V)   Student projects under local requirements.

         (VI)   Student portfolios under local requirements.

       (B)   If more than one measure is used for the evaluation of a professional employee, the LEA shall weight and sum the assigned ratings using factors established by the LEA to produce a single LEA Selected Measures rating of zero, one, two or three.

     (v)   Performance Goals.

       (A)   Determined before the school year by the principal and the immediate supervisor, district-specific or building-specific Performance Goals include measurable areas with evidence to be collected, and progress monitored, during the year.

       (B)   The LEA shall assign a zero, one, two- or three-point rating of the attainment of the goals.

       (C)   If more than one Performance Goal is used for the evaluation of a professional employee, the principal and immediate supervisor may establish weighting for each Performance Goal which the LEA shall use to factor and sum the assigned ratings to produce the single Performance Goal rating of zero, one, two or three.

   (5)  The rating given to each of the applicable rating areas shall be multiplied by the percentage indicated on the tool and the sum of the results shall be converted into a single overall performance rating of Failing, Needs Improvement, Proficient or Distinguished.

   (6)  Each rating form shall be marked to indicate the employee’s status as either a professional employee or a temporary professional employee, the overall performance rating and whether the final rating is regarded to be satisfactory or unsatisfactory.

   (7)  The rating form must be signed by the chief school administrator or by a designated rater, who is an assistant administrator, supervisor or principal, who has supervision over the work of the professional employee being rated, and who is directed by the chief school administrator to perform the rating.

   (8)  A final rating of unsatisfactory shall not be valid unless signed by the chief school administrator.

   (9)  A signed copy of the rating form shall be provided to the employee.

   (10)  All assigned weighting, ratings and other information pertinent to the evaluation must be recorded on the rating form.

   (11)  Each rating of a professional employee shall be completed using rating forms developed or approved by the Department.

     (i)   Rating forms, tools, and related documents provided by the Department or its designee will be available at the Department’s web site.

     (ii)   At the request of an LEA, the Department will review for approval an alternative rating tool that has been authorized by the LEA governing board and that meets or exceeds the measures of effectiveness established by the Department.

   (12)  The rating forms and tools are not intended to establish mandates or requirements for the formative process of supervising professional employees or to limit or constrain the authority of the chief school administrator of an LEA to initiate and take action on a personnel matter, including dismissal of a professional employee, based on information and data available at the time of the action.

   (13)  The Department may issue temporary revised conversion tables and temporarily adjust weights of Building Level Data or Teacher-Specific Data or both measures as provided in this chapter in response to a Governor’s proclamation of a disaster emergency when such emergency impacts the reliability of student performance measures as defined in section 1138.3(a)(2). Any revised conversion tables shall be published on the Department’s web site prior to use and may only be utilized for an evaluation year impacted by the declared emergency.

Authority

   The provisions of this §  19.1a issued under sections 1138.3(d)(1), 1138.4(e)(1), 1138.5(d)(1) and 1138.11 of the Public School Code of 1949 (24 P.S. § §  1138.3(d)(1), 1138.4(e)(1), 1138.5(d)(1) and 1138.11); and sections 201 and 506 of The Administrative Code of 1929 (71 P.S. § §  61 and 186).

Source

   The provisions of this §  19.1a adopted March 26, 2021, effective March 31, 2021, 51 Pa.B. 1653.

Cross References

   This section cited in 22 Pa. Code §  19.2a (relating to Classroom Teacher Evaluation); 22 Pa. Code §  19.3a (relating to Principal Evaluation); and 22 Pa. Code §  19.4a (relating to Nonteaching Professional (NTP) Employee Evaluation).



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