H. B. 3264


(By Delegate Lane)
[Introduced February 23, 2007; referred to the
Committee on Education.]




A BILL to amend and reenact §18A-2-12 of the Code of West Virginia, 1931, as amended, performance evaluations of school personnel generally; and including official observations of employee performance as a part of an evaluation of school personnel.

Be it enacted by the Legislature of West Virginia:
That §18A-2-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-12. Performance evaluations of school personnel; official observations; professional personnel evaluation process.

(a) The state board shall adopt a written system for the official observation and evaluation of the employment performance of personnel, which system shall be applied uniformly by county boards of education in the official observation and evaluation of the employment performance of personnel employed by the board.
(b) The system adopted by the state board for official observation and 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) For purposes of this section, an "official observation form" is any form whether paper or electronic, approved by the county board of education as an official observation form, developed by the state board in active consultation with the center for professional development, to include the standards for observation and evaluation and the criteria to be used to determine whether the performance of each professional meets the standards.
(e)For purposes of this section, "official observation" means to make one or more observations of an employee using an official observation form with the intent to gather data to determine whether more official observations are warranted and to provide data to construct a valid evaluation.
(f) For purposes of this section, "evaluation" means to analyze the data gathered on the relevant official observation forms for the purpose of determining whether the performance of each professional meets the standards as set forth by the state board in conjunction with the center for professional development.
(g) For the purpose of this section, "official evaluation form" is a form on which the elements of the evaluation are recorded. The contents of this form shall reflect the standards and criteria developed by the state board in conjunction with the center for professional development and shall be approved as an official evaluation form by the county board of education.
(d) (h) 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) (i) The performance, observation and evaluation system shall contain, but shall not be limited to, the following information:
(1) The professional personnel positions to be evaluated, whether they be teachers, substitute teachers, administrators, principals or others;
(2) The frequency and duration of the official observations, shall be on a regular basis and of a frequency and duration as to insure the collection of sufficient, credible and empirical data from which reliable conclusions and findings may be drawn: Provided, That no fewer than one official observation shall be made for each school personnel per year. Provided, however, That the state board in consultation with the center for professional development may require additional official observations as is deemed appropriate.
(2) (3) The frequency and duration of the evaluations, which shall be on a regular 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 Professional personnel performance evaluations shall be conducted on a regular basis: 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 based on the required yearly official observation and other observations, 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 based on the required yearly official observation along with other official or documented observations 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) (4) 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) (5) 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 the first day of July, two thousand three 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) (6) 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 the first day of July, one thousand nine hundred ninety-four, 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 re-teach 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.



NOTE: The purpose of this bill is to include official observations of employee performance as a part of an evaluation of school personnel.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.