Committee Substitute
for
H. B. 208
(By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)
[By Request of the Executive]
[Originating in theCommittee on Education.]
(July 18, 2010)
A BILL to amend and reenact §18A-2-12 and §18A-2-12a of the Code of
West Virginia, 1931, as amended, all relating to the
evaluation of professional personnel in the public schools;
specifying certain professional personnel who must be
evaluated; requiring evaluations to be at least annual;
providing certain processes for evaluations and applicable
dates; requiring state board to revise professional personnel
evaluations; requiring state board establishment of task
force; requiring state board study of duties and
responsibilities of certain professional employees and time
required; requiring use and reporting of study; establishing
task force reporting and recommendations; requiring state
board report to Legislative Oversight Commission on Education
Accountability; establishing dates certain for submission of proposed rule and adopted rule; requiring certain rule
provisions; requiring provision of written evaluation results;
establishing effective date of rule; and modifying related
provisions to comport with amended provisions.
Be it enacted by the Legislature of West Virginia:
That §18A-2-12 and §18A-2-12a of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-12. Performance evaluations of school personnel;
professional personnel evaluation process.
(a) The state board shall adopt a written system for the
evaluation of the employment performance of personnel, which system
shall be applied uniformly by county boards of education in the
evaluation of the employment performance of personnel employed by
the board.
(b) The system adopted by the state board for evaluating the
employment performance of professional personnel shall be in
accordance with the provisions of this section.
(c) For purposes of this section, "professional personnel",
"professional" or "professionals", means professional personnel as
defined in section one, article one of this chapter.
(d) In developing the professional personnel performance
evaluation system, and amendments thereto, the state board shall consult with the Center for Professional Development created in
article three-a of this chapter. The center shall participate
actively with the state board in developing written standards for
evaluation which clearly specify satisfactory performance and the
criteria to be used to determine whether the performance of each
professional meets such standards.
(e) The performance evaluation system shall contain, but shall
not be limited to, the following information:
(1) The professional personnel positions to be evaluated
at
least including classroom teachers, principals and county
superintendents, and any other professional personnel to be
evaluated, whether they be
teachers professional educators or other
professional employees or substitute teachers;
administrators,
principals or others;
(2) The frequency and duration of the evaluations
which shall
be on
a regular at least an annual basis and of such frequency and
duration as to insure the collection of a sufficient amount of data
from which reliable conclusions and findings may be drawn.
Provided, That for school personnel with five or more years of
experience, who have not received an unsatisfactory rating,
evaluations shall be conducted no more than once every three years
unless the principal determines an evaluation for a particular
school employee is needed more frequently: Provided, however, That
for classroom teachers with five or more years of experience who have not received an unsatisfactory rating, an evaluation shall be
conducted or professional growth and development plan required only
when the principal determines it to be necessary for a particular
classroom teacher, or when a classroom teacher exercises the option
of being evaluated at more frequent intervals
(3) Effective on the effective date of this section and until
a revised state board rule on professional personnel evaluations is
adopted as provided in subdivision (4) of this subsection and
becomes effective, the processes for evaluating teachers,
professional support personnel and athletic coaches shall be as
follows:
(A) Teachers in their first or second year of employment shall
be evaluated two times per year including a minimum of two
observations of thirty minutes duration per evaluation;
(B) Teachers in their third year of employment shall be
evaluated one time per year including two observations of thirty
minutes duration;
(C) Additional observations and evaluations may be scheduled
for teachers in their first, second or third year at the discretion
of the principal to address deficiencies;
(D) Teachers in their fourth or subsequent year of employment
who have not received an unsatisfactory evaluation rating
shall be
informally evaluated by the principal or assistant principal. The
principal or assistant principal
shall record the names of the teachers informally evaluated by him or her whose performance he or
she determines to be satisfactory and for whom no further
evaluative measures are required: Provided, That teachers in their
fourth or subsequent year of employment
who have not received an
unsatisfactory evaluation rating shall be evaluated in accordance
with paragraphs (B) and (C) of this subdivision or using a
professional growth and development plan method of evaluation if
requested in writing by the teacher or the principal or assistant
principal
determines that it is necessary;
(E) Teachers in their fourth or subsequent year of employment
who have received an unsatisfactory evaluation rating shall be
evaluated using the processes specified in paragraphs (B) and (C)
of this subdivision and as may be provided in a plan of
improvement;
(F) The evaluation of professional support personnel and
athletic coaches shall be conducted under a similar process; and
(G) The state board shall promulgate an emergency rule, as
necessary, to implement the provisions of this subdivision.
(4) The state board shall promulgate a legislative rule in
accordance with article three-b, chapter twenty-nine-a of this
code, revising the professional personnel evaluation process in
accordance with the following:
(A) The state board shall conduct a study of the duties and
responsibilities required of principals, and assistant principals in schools where they are present, and the time required to perform
these duties and responsibilities. The state board shall present
the study and its findings to the Legislative Oversight Commission
on Education Accountability;
(B) The state board shall form a task force on professional
personnel evaluations to advise it on needed revisions to the state
board rule on professional personnel evaluations. The task force
shall be comprised of at least the following representatives of the
relevant stakeholders: county boards, superintendents, principals,
teachers, parents and the Legislature;
(C) The task force shall be provided a copy of the study and
its findings required in paragraph (A) of this subdivision and
shall consider them in making its recommendations to the state
board for the revision of the state board rule on professional
personnel evaluations. The recommendations of the task force also
shall include recommendations related to the personnel time
required to accomplish the process and purposes of the professional
personnel evaluations at each level of personnel;
(D) The state board shall report to the Legislative Oversight
Commission on Education Accountability as requested on its progress
on revising its rule related to professional personnel evaluations
and shall submit its proposed rule to the commission not later than
December 1, 2010, along with any additional recommendations it may
have on related changes necessary to accomplish the process and purposes of the professional personnel evaluations at each level of
personnel. The state board shall submit the final rule adopted by
the state board not later than February 1, 2011;
(E) The rule shall at least include annual evaluation
procedures for classroom teachers, principals and county
superintendents;
(F) The rule shall provide for the informal evaluation by the
principal or assistant principal
of teachers in their fourth or
subsequent year of employment
who have not received an
unsatisfactory evaluation rating
and for the recording by the
principal of those teachers whose performance he or she determines
to be satisfactory and for whom no further evaluative measures are
required
;
(G) Each person evaluated under the provisions of subsections
(3) and (4) of this subsection shall be provided written results of
their evaluation;
and
(H) The rule shall include an effective date of July 1, 2011.
(3) (5) The evaluation shall serve the following purposes:
(A) Serve as a basis for the improvement of the performance of
the personnel in their assigned duties;
(B) Provide an indicator of satisfactory performance for
individual professionals;
(C) Serve as documentation for a dismissal on the grounds of
unsatisfactory performance; and
(D) Serve as a basis for programs to increase the professional
growth and development of professional personnel;
(4) (6) The standards for satisfactory performance for
professional personnel and the criteria to be used to determine
whether the performance of each professional meets such standards
and other criteria for evaluation for each professional position
evaluated. Effective July 1, 2003, and thereafter, Professional
personnel, as appropriate, shall demonstrate competency in the
knowledge and implementation of the technology standards adopted by
the state board. If a professional fails to demonstrate
competency, in the knowledge and implementation of these standards,
he or she will be subject to an improvement plan to correct the
deficiencies; and
(5) (7) Provisions for a written improvement plan, which shall
be specific as to what improvements, if any, are needed in the
performance of the professional and shall clearly set forth
recommendations for improvements, including recommendations for
additional education and training during the professional's
recertification process.
(f) A professional whose performance is considered to be
unsatisfactory shall be given notice of deficiencies. A
remediation plan to correct deficiencies shall be developed by the
employing county board of education and the professional. The
professional shall be given a reasonable period of time for remediation of the deficiencies and shall receive a statement of
the resources and assistance available for the purposes of
correcting the deficiencies.
(g) No person may evaluate professional personnel for the
purposes of this section unless the person has an administrative
certificate issued by the state superintendent and has successfully
completed education and training in evaluation skills through the
center for professional development, or equivalent education
training approved by the state board, which will enable the person
to make fair, professional, and credible evaluations of the
personnel whom the person is responsible for evaluating. After
July 1, 1994, No person may be issued an administrative certificate
or have an administrative certificate renewed unless the state
board determines that the person has successfully completed
education and training in evaluation skills through the center for
professional development, or equivalent education and training
approved by the state board.
(h) Any professional whose performance evaluation includes a
written improvement plan shall be given an opportunity to improve
his or her performance through the implementation of the plan. If
the next performance evaluation shows that the professional is now
performing satisfactorily, no further action may be taken
concerning the original performance evaluation. If the evaluation
shows that the professional is still not performing satisfactorily, the evaluator either shall make additional recommendations for
improvement or may recommend the dismissal of the professional in
accordance with the provisions of section eight of this article.
(i) Lesson plans are intended to serve as a daily guide for
teachers and substitutes for the orderly presentation of the
curriculum. Lesson plans may not be used as a substitute for
observations by an administrator in the performance evaluation
process. A classroom teacher, as defined in section one, article
one of this chapter, may not be required to post his or her lesson
plans on the Internet or otherwise make them available to students
and parents or to include in his or her lesson plans any of the
following:
(1) Teach and reteach strategies;
(2) Write to learn activities;
(3) Cultural diversity;
(4) Color coding; or
(5) Any other similar items which are not required to serve as
a guide to the teacher or substitute for daily instruction. and
(j) The Legislature finds that classroom teachers must be free
of unnecessary paper work so that they can focus their time on
instruction. Therefore, classroom teachers may not be required to
keep records or logs of routine contacts with parents or guardians.
(k) Nothing in this section may be construed to prohibit
classroom teachers from voluntarily posting material on the Internet.
§18A-2-12a. Statement of policy and practice for the county
boards and school personnel to minimize possible
disagreement and misunderstanding.
(a) The Legislature makes the following findings:
(1) The effective and efficient operation of the public
schools depends upon the development of harmonious and cooperative
relationships between county boards and school personnel;
(2) Each group has a fundamental role to perform in the
educational program and each has certain separate, distinct and
clearly defined areas of responsibility as provided in chapters
eighteen and eighteen-a of this code; and
(3) There are instances, particularly involving questions of
wages, salaries and conditions of work, that are subject to
disagreement and misunderstanding between county boards and school
personnel and may not be so clearly set forth.
(b) The purpose of this section is to establish a statement of
policy and practice for the county boards and school personnel, as
follows, in order to minimize possible disagreement and
misunderstanding:
(1) County boards, subject to the provisions of this chapter,
chapter eighteen of this code and the policies and rules of the
state board, are responsible for the management of the schools within their respective counties. The powers and responsibilities
of county boards in setting policy and in providing management are
broad, but not absolute;
(2) The school personnel shares the responsibility for putting
into effect the policies and practices approved by the county board
that employs them and the school personnel also have certain rights
and responsibilities as provided in statute, and in their
contracts;
(3) School personnel are entitled to meet together, form
associations and work in concert to improve their circumstances and
the circumstances of the schools;
(4) County boards and school personnel can most effectively
discharge their total responsibilities to the public and to each
other by establishing clear and open lines of communication.
School personnel should be encouraged to make suggestions,
proposals and recommendations through appropriate channels to the
county board. Decisions of the county board concerning the
suggestions, proposals and recommendations should be communicated
to the school personnel clearly and openly;
(5) Official meetings of county boards are public meetings.
School personnel are free to attend the meetings without fear of
reprisal and should be encouraged to attend;
(6) All school personnel are entitled to know how well they
are fulfilling their responsibilities and should be offered the opportunity of open and honest evaluations of their performance on
a regular basis and in accordance with the provisions of section
twelve of this article. All school personnel are entitled to
opportunities to improve their job performance prior to the
termination or transfer of their services. Decisions concerning
the promotion, demotion, transfer or termination of employment of
school personnel, other than those for lack of need or governed by
specific statutory provisions unrelated to performance, should be
based upon the evaluations, and not upon factors extraneous
thereto. All school personnel are entitled to due process in
matters affecting their employment, transfer, demotion or
promotion; and
(7) All official and enforceable personnel policies of a
county board must be written and made available to its employees.