24 Pa. Stat. § 11-1138.3

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 11-1138.3 - 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:
(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:
(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.
(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.
(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- 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 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 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 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 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.

24 P.S. § 11-1138.3

Added by P.L. TBD 2020 No. 13, § 3, eff. 3/27/2020.