New Mexico Register / Volume
XXXIV, Issue 1 / January 18, 2023
TITLE 6 PRIMARY AND SECONDARY EDUCATION
CHAPTER 69 SCHOOL PERSONNEL - PERFORMANCE
PART 4 PERFORMANCE EVALUATION SYSTEM REQUIREMENTS FOR TEACHERS
6.69.4.1 ISSUING AGENCY:
Public Education Department, hereinafter the department.
[6.69.4.1 NMAC - Rp,
6.69.4.1 NMAC, 1/18/2023]
6.69.4.2 SCOPE:
Performance evaluation system requirements for teachers.
[6.69.4.2 NMAC - Rp,
6.69.4.2 NMAC, 1/18/2023]
6.69.4.3 STATUTORY AUTHORITY: Sections
9-24-8, 22-2-1, 22-2-2, 22-2-8.1, and 22-10A-3 NMSA 1978.
[6.69.4.3 NMAC - Rp,
6.69.4.3 NMAC, 1/18/2023]
6.69.4.4 DURATION:
Permanent.
[6.69.4.4 NMAC - Rp,
6.69.4.4 NMAC, 1/18/2023]
6.69.4.5 EFFECTIVE DATE:
January 18, 2023, unless a later date is cited at the end of a section.
[6.69.4.5 NMAC - Rp,
6.69.4.5 NMAC, 1/18/2023]
6.69.4.6 OBJECTIVE: This
rule establishes the requirements for a department-approved educator evaluation
system for teachers. This rule identifies the specific evaluation and
supervision standards and indicators and requirements for a competency-based
evaluation system for teachers.
[6.69.4.6 NMAC - Rp,
6.69.4.6 NMAC, 1/18/2023]
6.69.4.7 DEFINITIONS:
A. “Advancement program level I – level II” or “APLI-II” means a series of five micro-credentials, aligned with the department-approved educator evaluation system, that a teacher with a level 1 license shall successfully complete and demonstrate mastery in before progressing to a level 2 license.
B. “Advancement program level II – level III” or “APLII-III” means a series of five micro-credentials, aligned with the department-approved educator evaluation system, that a teacher with a level 2 teaching license shall successfully complete and demonstrate mastery in before progressing to a level 3-A teaching license.
C. “Core academic subjects” means English, language arts, reading,
mathematics, science, the arts - including music and visual arts - and social
studies - including civics, government, economics, history, and geography - and
modern and classical languages, Native American languages, and cultures of New
Mexico tribes and pueblos.
D. "Full school year" means a minimum of 1080 instructional hours in a school year for teachers of students in seventh through 12th grades, 990 hours for teachers of students in full-day kindergarten through fifth grade, or 450 hours for teachers of students in half-day kindergarten, during which the teacher is the teacher of record or serves as an instructional coach or resource teacher in at least one class each school year while holding a standard teaching license. An equivalent number of instructional hours may be accepted for those teachers who do not teach every day. Instructional hours may include teaching in summer school, extended learning time programs, or similar educational settings.
F. “Micro-credential” means a competency-based
process made up of several courses, each focused on a discrete skill or area
aligned with the educator evaluation system.
[6.69.4.7 NMAC - Rp,
6.69.4.7 NMAC, 1/18/2023]
6.69.4.8 REQUIREMENTS:
A. The school district shall ensure, through proper annual
teaching assignment and professional development plans and evaluations, that
all teachers are certified and endorsed to teach core academic subjects.
B. Every public school teacher
shall have an annual performance evaluation based on a professional development
plan that meets the requirements of the department-approved evaluation
system.
[6.69.4.8 NMAC - Rp,
6.69.4.8 NMAC, 1/18/2023]
6.69.4.9 IMPLEMENTATION OF THE EDUCATOR
EVALUATION SYSTEM-FOR DEMONSTRATING COMPETENCE IN THE CORE ACADEMIC SUBJECTS: A
teacher of the core academic subjects employed as a general education teacher
in a school district that qualifies as a rural school district under the
current authorization of the Elementary and Secondary Education Act of 1965
(20) U.S.C. 6301, may fulfill the requirements in Subsections A and B of
6.69.4.9 NMAC and either the requirement of Paragraphs (2)-(3) of Subsection C
or Paragraphs (2)-(3) of Subsection D of 6.69.4.9 NMAC within three full school
years of the date of hire as long as the teacher is certified and endorsed in at least one
core academic subject when hired in a qualifying rural school district. A new
to the profession special education teacher employed in any school district may
fulfill the requirements in Paragraphs (2)-(3) of Subsection C or Paragraphs
(2)-(3) of Subsection D of 6.69.4.9 NMAC within two full school years of
initial employment in any school district if the teacher is certified and
endorsed in either language arts, mathematics, or science when hired. The candidate shall:
A. have successful annual evaluations for two full school
years prior to the evaluation; and
B. have two complete school years of successful teaching and
either;
C. complete credit hours at a regionally accredited college
or university in the core academic subject in which the candidate is seeking to
demonstrate competence, as follows:
(1) for
K-8 elementary licensed teachers or pre K-12 special education licensed
teachers teaching in a self-contained elementary classroom, 24 lower or upper
division credit hours across the elementary education core academic subjects of
language arts, social studies, mathematics, and science, with at least six
credit hours in each core area;
(2) for
K-8 elementary licensed teachers teaching in a middle school, and pre K-12
special education licensed teachers teaching in a middle or high school, 18
lower or upper division credit hours in each core academic subject the teacher
teaches;
(3) for
7-12 secondary, 5-9 middle level, and pre K-12 specialty area licensed teachers
teaching in a middle school, junior high school, or high school, 18 credit
hours, 12 of which must be upper division in each core academic subject the
teacher teaches; or
D. complete the following combination of coursework through
a regionally accredited college or university and by portfolio:
(1) for
K-8 licensed elementary teachers teaching in a self-contained elementary classroom,
and for a pre K-12 special education licensed teachers teaching special
education students at any grade level who are assessed against alternative
achievement standards, 12 lower or upper division credit hours across the
elementary education curriculum areas;
(2) for
K-8 licensed elementary teachers teaching in a middle school, and for a pre
K-12 special education licensed teachers teaching special education students in
a middle school or high school, upper or lower division credit hours as
follows:
(a) 12
semester hours in a single core subject area; or
(b) 15
semester hours in two core subject areas, with at least six hours in each one;
or
(c) 18
semester hours in three core subject areas, with at least six hours in each
one; or
(d) 24
semester hours in four core subject areas, with at least six hours in each one;
(3) for
7-12 secondary, 5-9 middle level, and pre K-12 specialty area licensed
teachers, the credit hours, specified in Paragraph (2) of Subsection D of
6.69.4.9 NMAC all at the upper division level;
(4) demonstrate
to a local panel of teachers the requirements of Subparagraphs (a) or (b)
below:
(a) mastery
of the competence in the instructional strand of the PED's teacher competencies
and indicators for the level of licensure the candidate holds in each core
academic subject in which the teacher seeks to demonstrate that the teacher is
qualified by submitting evidence from (i), (ii) and
(iii) as follows:
(i) documentation from Paragraph (1) of
Subsection E of 6.69.4.11 NMAC; and
(ii) observation
summaries, by each panel member, of the candidate teaching in the area for
which the teacher is applying; observations by the panel may be done in person
or by video; and
(iii) at
least two observation summaries, completed by the candidate, of a teacher(s)
teaching in the subject area for which the candidate is seeking to be certified
and endorsed;
(b) provide
an analysis of student achievement in each core academic subject in which the
teacher seeks to demonstrate that the teacher is qualified by submitting
evidence as follows:
(i) explain (350 word maximum) the
way(s) in which a class of students demonstrated their achievement (e.g., test,
work sample, performance) related to a segment of instruction; include examples
of different materials used and student work;
(ii) provide
the criteria (350 word maximum) for determining different levels of achievement
and how this was communicated to the students; the criteria may be in a handout
or other means of communication to students;
(iii) to
illustrate relative levels of achievement in the class, provide examples of the
work of three unidentified students who represent “high, “mid
range,” and “low” levels of achievement; these examples may include
unidentified student written or drawn work, photographs, audio recordings (five
minute maximum), or video recordings (five minute maximum and written parental
consent to video child);
(iv) explain
(350 word maximum) how the three unidentified students differed in their
achievement levels and how this achievement relates to the state’s standards
and benchmarks;
(v) explain
(350 word maximum) how this data could be taken into account in a subsequent
instructional segment for the class;
(c) the
local panel of teachers shall consist of two teachers:
(i) one teacher will be appointed by the
principal in the school where the teacher seeking to be certified and endorsed
is teaching; the second teacher will be appointed by the candidate;
(ii) panelists
must be certified and endorsed, as defined in Subsection B, C or D of 6.69.4.7
NMAC, hold a current level 2 or 3-A license, and have an endorsement or license
in the subject area or areas to be evaluated;
(iii) panelists
may be from the candidate’s same school, or same district, or from another
school or district in New Mexico;
(5) both
teachers on the panel must agree that the candidate has met, or exceeds, the
competencies and indicators for the level of licensure the teacher being
evaluated holds or that the students of the teacher being evaluated have
demonstrated growth and progress in each core academic subject the teacher
teaches;
(6) the
panel shall submit their recommendation to the local superintendent and records
of the panel’s findings shall be kept on file locally and available to the
public upon request.
[6.69.4.9 NMAC - Rp,
6.69.4.9 NMAC, 1/18/2023]
6.69.4.10 IMPLEMENTATION OF THE ANNUAL
EDUCATOR EVALUATION SYSTEM:
A. Each school district shall adopt policies, guidelines,
and procedures for annual teacher performance evaluation. The annual evaluation
plan will be combined with the evaluation plan for licensure advancement
provided in Subsection A of 6.69.4.11 NMAC to form an overall system for
teacher evaluation and support.
B. No
later than 40 school days after the first day of school of each school year,
each teacher and their school principal shall establish a professional
development plan for the teacher, with measurable objectives, for the coming
year based on, among other things:
(1) the
department’s teaching competencies and indicators for teachers; and
(2) the
previous year’s annual evaluation, if applicable; and
(3) assurance
that the teacher is certified and endorsed in the core academic subject(s) the
teacher teaches and that the school district has appropriately assigned the
teacher to teach in the subject(s) in which the teacher is certified and
endorsed.
C. Annual performance evaluations shall include how well the
professional development plan was carried out and the measurable objectives
were achieved.
D. The school principal shall observe each teacher’s
classroom or program practice at least once annually to determine the teacher’s
ability to demonstrate state adopted competencies and indicators for each
teacher’s licensure level.
E. If a level 2 or level 3-A teacher does not demonstrate
essential competencies for a given school year, the school district shall
provide the teacher with professional development and peer intervention,
including mentoring, for a period the school principal deems necessary. If by
the end of that school year the teacher still fails to demonstrate essential competencies,
a governing authority may choose not to contract with that teacher.
F. If a level 3-A teacher does not demonstrate essential
competencies at level 3-A for a given school year, the school district shall
provide the teacher with professional development and peer intervention,
including mentoring, for a period the school principal deems necessary. If by the end of the following school year
the teacher still fails to demonstrate essential level 3-A competencies, the
superintendent may recommend to the department that the teacher’s level 3-A
license be suspended until such time as the teacher demonstrates the essential
competencies at level 3-A. Depending on
the outcome of any due process proceeding under the Uniform Licensing Act and
if the superintendent verifies that the teacher meets the standards for a level
2 license, the teacher may be issued a level 2 license during the period of
level 3-A licensure suspension. A
suspended level 3-A license may be reinstated by the secretary of education upon
verification by a local superintendent that the teacher now demonstrates the
essential competencies at level 3-A or through the process described in
6.69.4.11 NMAC.
G. At least every two years, school principals shall attend
a training program approved by the department to improve their teacher
evaluation skills.
[6.69.4.10 NMAC –
Rp, 6.69.4.10 NMAC, 1/18/2023]
6.69.4.11 LICENSURE ADVANCEMENT:
A. To advance from level 1 licensure to level 2 licensure, a
teacher who:
(2) is in their third year of teaching
during the 2022-2023 school year is eligible to participate in APLI-II or
submit a professional development dossier (PDD) during the 2022-2023 or the
2023-2024 school year;
(3) is in their fourth year of teaching
during the 2022-2023 school year:
(a) may participate in APLI-II, but shall
be continuously enrolled in the required micro-credentials to complete APLI-II
by the end of their fifth year of teaching;
(b) may submit a PDD during 2022-2023
school year or the 2023-2024 school year; or
(c) shall submit a PDD during the
2023-2024 if they fail to complete two or more micro-credentials by June 2023;
(4) is in their fifth year of teaching
during the 2022-2023 school year shall submit a PDD.
(5) is in their first year of
teaching during the 2023-2024 school year or thereafter shall participate in
APLI-II.
B. To advance from level 2 licensure to level 3 licensure,
during the:
(1) 2023-2024 school year, a teacher may
participate in APLII-III or submit the PDD;
(2) 2024-2025 school year or thereafter, a
teacher shall participate in APLII-III.
C. The PDD shall include:
(1) evidence
of competence that may be collected over multiple school years, including the
year the PDD is being developed;
(2) evidence
in the following format that demonstrates how the teacher meets the
department’s nine teacher competencies and indicators for the level of
licensure to which the teacher is advancing; evidence that demonstrates how the
teacher meets competencies related to an:
(a) instruction strand (competencies 1,
2, 5); and a
(b) student
learning strand (competencies 3, 4, 6, and 7); and a
(c) professional
learning strand (competencies 8 and 9);
(3) evidence
from an evaluation strand that includes the teacher’s annual evaluations from
at least the two years prior to the application for advancement and the
superintendent’s recommendation for advancement to the next licensure level;
(4) a
verification strand that includes:
(a) for
a level 1 teacher advancing to level 2:
(i) verification of participation in a
school district’s formal mentorship program;
(ii) verification
of three years of successful teaching experience at level 1;
(iii) verification
by the superintendent that the work product in the PDD is that of the teacher
and that the data submitted is accurate;
(b) for
a level 2 teacher advancing to level 3-A:
(i) verification of a post baccalaureate
degree or national board professional teaching certification;
(ii) verification of a minimum three years
of successful teaching experience at level 2;
(iii) verification
by the superintendent that the work product in the PDD is that of the teacher
and that the data submitted is accurate.
D. Evidence in the PDD competency strands:
(1) The
instruction strand shall include evidence of:
(a) student
achievement data;
(b) assessment techniques and procedures;
(c) instructional
plans and materials;
(d) examples
of student work and performance; and
(e) evidence
of implementation of state curriculum standards.
(2) The
student learning strand shall include mandatory evidence and may include
evidence as follows:
(a) the
student learning strand shall include evidence of:
(i) adaptations or modification for
diverse learners;
(ii) evidence
of effective classroom management strategies and procedures;
(iii) classroom
observation reports; and
(iv) evidence
of communication with students and parents.
(b) the
student learning strand may include evidence in the form of student surveys or
video tapes with reflections or analysis.
(3) The
professional learning strand shall include evidence of at least one of the
following:
(a) professional
development activities associated with the teachers
annual professional development plan (PDP);
(b) evidence of collaborating with
professional community;
(c) parent surveys;
(d) research
publications; or
(e) professional
presentations.
(4) Evidence
comparable and equivalent to Paragraphs (1), (2) and (3) of Subsection E of
this section may be developed through certification by the national board of
professional teaching standards.
E. Unless special accommodations are requested in writing to
the department 30 days in advance of a submission, the PDD and associated fees
in Subsection C of 6.60.7.8 NMAC shall be submitted electronically following
procedures established by the department.
F. The PDD shall be evaluated by the superintendent of the
teacher’s school district and by two external reviewers, one of whom shall hold
the same grade level licensure and subject area endorsement as the candidate,
as follows:
(1) The
superintendent will complete the verification and evaluation strands to make a
recommendation for licensure advancement and the two external reviewers will
rate the three competency strands as “exceeds standards,” “meets standards” or
“does not meet standards in order to make their recommendations for licensure
advancement.”
(2) Each
one of the three competency strands of a teacher’s PDD reviewed by the
independent reviewers must be rated as either “exceeds standards” or “meets
standards” and each one of the strands completed by the superintendent must be
verified and have a positive recommendation for the teacher to advance to the
next higher level of licensure.
(3) The
superintendent and the reviewers will submit the PDD to the department or its
contractor with their ratings.
(4) The
department will evaluate the ratings of the superintendent and the external
reviewers and approve or deny the teacher’s application for licensure
advancement:
(a) If
one of the external reviewers rates one of the
competency strands of the PDD as “exceeds standards” and the other external
reviewer rates the same strand as “meets standards,” the strand will be deemed
passed.
(b) If
one of the external reviewers rates one of the competency strands of the PDD as
“does not meet standards” and the other rates the same strand as “exceeds
standards,” the finding will be that the candidate “meets standards” and the
strand will be deemed passed.
(c) If
one of the external reviewers rates one of the competency strands of the PDD as
“does not meet standards” and the other rates the same strand as “meets
standards,” a third reviewer will resolve the discrepancy in order to determine
if the strand will be passed.
(d) If
both of the external reviewers rate the competency strand(s) of PDD the same,
that rating will be their finding. If,
however, both of the external reviewers rate the competency strand(s) of the
PDD as “does not meet standards,” a third trainer or reviewer may review the
strand(s) to confirm or reject their ratings.
G. A candidate for licensure advancement who is not
successful in the PDD may continue to submit a new PDD.
H. If
a candidate for licensure advancement meets or exceeds standards in one or some
of the strands, but not in all of them, the teacher’s score(s) of “meets
standards” or “exceeds standards” may be retained for a period of two calendar
years. Any resubmission of a PDD during that two-year period need only address
those strands rated “does not meet standards” to determine a final passing
score for all strands for licensure advancement.
[6.69.4.11 NMAC –
Rp, 6.69.4.11 NMAC, 1/18/2023]
6.69.4.12 TEACHER COMPETENCIES AND
INDICATORS FOR LICENSURE LEVELS 1, 2, AND 3-A:
A. The department-approved educator evaluation system shall
include the following standards and indicators as part of the evaluation
criteria for teachers.
(1) The
teacher demonstrates knowledge of planning and preparation by:
(a) demonstrating knowledge of content. The teacher knows the subject matter well, has a good grasp of child development and how students learn, and designs effective and rigorous standards-based units of instruction consisting of well-structured lessons with measurable outcomes for all students;
(b) demonstrating
knowledge of students. The teacher has a good grasp of child development
and how students learn, and designs effective and rigorous standards-based
units of instruction consisting of well-structured lessons with measurable
outcomes for all students;
(c) setting
instructional outcomes and designing student assessment. The teacher analyzes
data from assessments, draws conclusions, and shares them appropriately;
(d) demonstrating
knowledge of resources. The teacher utilizes skills and content learned from
professional development opportunities and ensures all students have access to
resources to support their learning; and
(e) designing coherent instruction. The
teacher develops meaningful sequenced lessons and activities that are also
differentiated to support eh leaning of all students.
(2) The
teacher demonstrates knowledge of creating an environment for learning by:
(a) creating an environment of respect
and rapport. An essential skill of teaching is that of managing relationships
with students and ensuring that relationships among students are positive and
supportive. Teachers create an environment of respect and rapport in their
classrooms by the ways they interact with students and by the interactions they
encourage and cultivate among students. An important aspect of respect and
rapport relates to how the teacher responds to students and how students are
permitted to treat one another;
(b) creating a safe learning environment
with routines and procedures. Creates and maintains a safe and collaborative
learning environment that motivates all students to take academic risks,
challenge themselves, and claim ownership of their learning. Access is provided
to learning materials and resources;
(c) establishing a culture for learning.
Uses instructional practices that reflect high expectations regarding content
and quality of effort and work; engage all students; and are personalized to
accommodate diverse learning styles, needs, interests, and levels of readiness;
and
(d) managing student behavior. The
teacher utilizes a skill-building approach that strengthens the foundation of
social skills for all students. Teaches behavioral expectations and
acknowledges students for following them.
(3) The teacher demonstrates knowledge of
teaching for learning by:
(a) communicating with students in a
manner that is appropriate to their culture, language, and level of
development. The teacher uses systems that evoke responses from all students
and are appropriate to students’ developmental, cognitive, and academic
language proficiency. The teacher consistently engages students in high levels
of thinking within instruction and content;
(b) using questioning and discussion
techniques to support classroom discourse. Teacher models and utilizes
questioning techniques that allow all students to engage and participate in
classroom discussions;
(c) engaging students in learning. Effective
teachers understand engaging students in learning is vital in
order for students to acquire knowledge. Student engagement does not
happen by accident, it is the result of careful planning and implementation;
(d) assessing through instruction,
through formative and summative assessments. The teacher monitors student
learning and provides feedback to support student growth; and
(e) demonstrating flexibility and
responsiveness. The teacher demonstrates the ability to make both minor
and major adjustments to the lesson in order to
maintain maximum student engagement and/or help students when they encounter
difficulty in their learning.
(4) The teacher demonstrates
professionalism by:
(a) communicating with families. Teachers
establish relationships with families by communicating with them about the
instructional program, conferring with them about their individual student(s),
and inviting them to be part of the educational process itself on a regular
basis throughout the academic school year;
(b) participating in professional
learning community. Teachers collaborate with their colleagues in order to
share strategies, plan joint efforts, and plan for the success of individual
students;
(c) reflecting on teaching. Demonstrates
the capacity to reflect on and improve the educator’s own practice, using
informal means as well as meetings with teams and workgroups to gather
information, analyze data, examine issues, set meaningful goals and develop new
approaches in order to improve teaching and learning;
(d) demonstrating professionalism. The
teacher demonstrates professionalism by acting with integrity and honesty. The
teacher is ethical and reliable and meets routine responsibilities consistently
while putting student needs at the forefront of their decision-making; and
(e) growing and developing
professionally. Actively pursues professional development and learning
opportunities to improve the quality of practice and build the expertise and
experience to assume different instructional and leadership roles.
B. A school district may select or
develop additional standards and indicators determined appropriate by
the local school district to complete the local teacher performance evaluation
system.
C. Each school district shall provide
training in evaluation of performance, classroom observation techniques,
conference skills, and growth planning to all teachers and personnel assigned
performance evaluation duties.
D. Teachers whose leadership roles are
primarily outside of the classroom will be evaluated on their ability to lead
other teachers in meeting the competencies and indicators in their level of
licensure.
[6.69.4.12 NMAC -
Rp, 6.69.4.12 NMAC, 1/18/2023]
HISTORY OF 6.69.4 NMAC:
Pre-NMAC History: The
material in this part was derived from that previously filed with the State
Records Center and Archives under:
SBE Regulation No.
89-6, Performance Evaluation Requirements for Teachers, Administrators, Library
Media Specialists, and Counselors, filed August 17, 1989;
SBE Regulation No.
93-21, Performance Evaluation Requirements for Teachers, Administrators,
Library Media Specialists, and Counselors, filed November 16, 1993.
NMAC History:
6.69.3 NMAC,
Performance Evaluation Requirements for Teachers, Administrators, Library Media
Specialists, and Counselors, filed 6/1/2003.
6.69.4 NMAC Performance
Evaluation System Requirements for Teachers, replaces 6.69.3 NMAC, Section 8,
filed 9/30/2003.
History of Repealed Material:
6.69.4 NMAC, Performance Evaluation System Requirements for Teachers,
filed 9/30/2003, was repealed and replaced by 6.69.4 NMAC, Performance
Evaluation System Requirements for Teachers, effective 1/18/2023.