Section 11-1123 - Rating System(a) In determining whether a professional employe shall be dismissed for incompetency or 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 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:(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.(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.(C) Twenty per centum (20%) elective data including 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.(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."(c) For professional employes and temporary professional employes serving as principals, the following shall apply: (1) Beginning in the 2014-2015 school year, 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.(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.(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.(C) Twenty per centum (20%) elective data including 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."(d) For nonteaching professional employes, the following shall apply: (1) Beginning in the 2014-2015 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."(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 career and 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: (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 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.(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:(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 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 career and 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, No.164), known as the "Commonwealth Attorneys Act."(iii) 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 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 career and technical schools.(o) For purposes of this section:(1) The term "assessment" shall mean the Pennsylvania System of School Assessment test, the Keystone Exam, 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 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 career and 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 .(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 career and technical education.(p) An employe's individual rating form shall not be subject to disclosure under the act of February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."(q) This section shall expire June 30, 2021.Amended by P.L. TBD 2020 No. 13, § 1, eff. 3/27/2020.Amended by P.L. TBD 2019 No. 76, § 11, eff. 12/30/2019.Amended by P.L. 684 2012 No. 82, § 14.1, eff. 7/1/2012.1949, March 10, P.L. 30, art. XI, § 1123. Amended 1951, Aug. 10, P.L. 1157, § 1; 1970, Jan. 14, P.L.(1969) 468, § 38, effective July 1, 1970; 1970, May 4, P.L. 326, No. 103, § 1; 1996, March 29, P.L. 47, No. 16, § 4, imd. effective.