TITLE
6 PRIMARY AND SECONDARY
EDUCATION
CHAPTER
69 SCHOOL PERSONNEL - PERFORMANCE
PART 8 TEACHER AND SCHOOL LEADER
EFFECTIVENESS
6.69.8.1 ISSUING AGENCY:
Public Education Department (PED).
[6.69.8.1
NMAC - Rp, 6.69.8.1 NMAC, 08/15/2017]
6.69.8.2 SCOPE:
This rule governs standards for determining and measuring teacher and
school leader effectiveness.
[6.69.8.2
NMAC - Rp, 6.69.8.2 NMAC, 08/15/2017]
6.69.8.3 STATUTORY AUTHORITY:
Sections 22-2-1, 22-2-2, 22-10A-18, 22-10A-19 and 22-10A-19.2, NMSA
1978.
[6.69.8.3
NMAC - Rp, 6.69.8.3 NMAC, 08/15/2017]
6.69.8.4 DURATION:
Permanent.
[6.69.8.4
NMAC - Rp, 6.69.8.4 NMAC, 08/15/2017]
6.69.8.5 EFFECTIVE DATE:
August 15, 2017 unless a later date is cited at the end of
a section.
[6.69.8.5
NMAC - Rp, 6.69.8.5 NMAC, 08/15/2017]
6.69.8.6 OBJECTIVE:
This rule establishes uniform procedures for conducting annual
evaluations of licensed school employees, for setting the standards for each
effectiveness level, for measuring and implementing student achievement growth,
and for monitoring each school district’s implementation of its teacher and school
leader effectiveness evaluation system. This
rule also seeks to change the dynamic of placing emphasis on teacher
effectiveness and provide the opportunity to acknowledge excellence. Continuing advancement and licensure
determinations will be guided pursuant to 6.60.6.9 NMAC.
[6.69.8.6
NMAC - Rp, 6.69.8.6 NMAC, 08/15/2017]
6.69.8.7 DEFINITIONS:
A. “Assistant principal” means
a properly licensed instructional leader who assists a principal in a public
school.
B. “BIE
school” means a bureau of Indian education school that is governmentally
owned and controlled, located in New Mexico, provides instruction for first
through twelfth grades and is not sectarian or denominational.
C. “Certified observer” means an individual
who:
(1) holds
an active level 3-B license or an active teaching license;
(2) is
employed by a school district or charter school as an administrator or a
teacher as defined by this rule;
(3) completes
the PED’s teacher observation training and who passes the PED’s assessment of
the adopted observation protocol;
(4) receives
a highly effective or exemplary rating during the previous school year; and
(5) completes
follow-up training and who passes the PED’s assessment of the adopted observation
protocol on an annual basis; for purposes of this subsection, annual basis means
the earlier of August 1 of a given school year or 90 days after hire; provided,
however, that the annual training and certification is transferable within the
state.
D. “Department”
means the New Mexico public education department or PED.
E. “EES” means effectiveness evaluation
systems developed by the department.
F. “Fidelity observations” means the
requirement of school leaders to periodically observe and evaluate assigned
teachers in the classroom with observations that have been documented and are verifiable.
G. “Licensed school employee” means teachers
and school leaders employed in a public school.
H. “Novice Teacher” means a person who
holds a level one or a level one alternative license and is in their first year
three years of teaching.
I. “Principal”
means the chief instructional leader and administrative head of a public school.
J. “School district” means one of the 89
political subdivisions of the state created for the administration of public
schools and includes those state-authorized charter schools that have not requested
waiver of evaluation standards for school personnel. District-authorized charter schools are
excluded from being considered a school district for purposes of this rule.
K. “School district superintendent” means
the chief executive officer of a school district and the head administrator of
a charter school.
L. “School leader” means a principal or
assistant principal employed in a public school.
M. “State
agency” means the New Mexico military institute, the New Mexico school for
the blind and visually impaired, the New Mexico school for the deaf, any
juvenile detention center or facility served by the juvenile justice service of
the children youth and families department, the New Mexico youth diagnostic and
development center, the Sequoyah adolescent treatment center of the department
of health, Carrie Tingley crippled children's hospital, the New Mexico
behavioral health institute at Las Vegas and any other state agency responsible
for educating resident children.
N. “Teacher” means a person who holds a level
1, 2, or 3-A license and whose primary duty is classroom instruction or the
supervision, below the school principal level, of an instructional program or
whose duties include curriculum development, peer intervention, peer coaching
or mentoring or serving as a resource teacher for other teachers. “Teacher” shall not include any person issued
a Native American language and culture certificate pursuant to the School
Personnel Act [Sections 22-10A-1 to 22-10A-39 NMSA 1978].
[6.69.8.7
NMAC - Rp, 6.69.8.7 NMAC, 08/15/2017]
6.69.8.8 EFFECTIVENESS
EVALUATION SYSTEMS:
A. Nothing in this rule shall be construed to
infringe upon the local superintendent's discretion to make decisions about
discharge and termination or to make recommendations about licensure advancement
or renewal.
B. Each school
district shall report annually to the department the results of its
effectiveness evaluations of its licensed school employees and the alignment of
its effectiveness evaluation system with the three-tiered licensure system.
C. A teacher and school
leader EES shall:
(1) be
designed to support effective instruction and student achievement, with the
results used to inform school district and school level improvement plans;
(2) provide
appropriate instruments, procedures and criteria and continuous quality
improvement of professional skills, with results used to support the
professional development of licensed school employees;
(3) include
a mechanism to examine effectiveness data from multiple sources, which may
include giving parents and students opportunities to provide input into
effectiveness evaluations when appropriate;
(4) identify
those teaching fields for which special evaluation procedures and criteria may
be developed in a manner that is consistent and reliable;
(5) include
measures of student achievement growth worth thirty-five percent, observations
worth forty percent, and other multiple measures worth twenty-five percent,
unless otherwise provided for;
(6) differentiate
among at least five levels of performance, which include the following:
(a) exemplary,
meets competency;
(b) highly
effective, meets competency;
(c) effective,
meets competency;
(d) minimally
effective, does not meet competency; and
(e) ineffective,
does not meet competency.
D. Teacher and
school leader effectiveness evaluation procedures for licensed school employees
shall be based on the performance of students assigned to their classrooms or
public schools.
E. Every public
school classroom teacher who teaches in a grade or subject that has a
standards-based assessment that would permit the calculation of student
achievement growth, must have an annual effectiveness evaluation, provided
that:
(1) each
evaluation shall be based on sound educational principles and contemporary
research in effective educational practices; and
(2) the
student achievement growth component of a teacher’s effectiveness evaluation
shall be based on:
(a) valid
and reliable data and indicators of teacher impact on student achievement
growth assessed annually and based upon department-approved assessments,
provided that this calculation shall not be based on a single test score;
(b) thirty-five
percent of a teacher's evaluation will be comprised of this calculation.
F. Every
public school classroom teacher who teaches in a grade or subject that does not
have a standards-based assessment, also must have an annual effectiveness
evaluation, provided that:
(1) each
evaluation shall be based on sound educational principles and contemporary
research in effective educational practices; and
(2) the
student achievement growth component of a teacher’s effectiveness evaluation
shall be based on valid and reliable data and indicators of teacher impact on
student achievement growth assessed annually.
G. An EES shall
base at least forty percent of the results on data and indicators of instructional
practice for teachers. School leaders shall observe instructional practice of
teachers using common research-based observational protocol approved by the
department that correlates observations to improved student achievement.
H. An EES shall
base at least twenty-five percent of the results on other measures of teacher effectiveness,
of which fifteen percent are planning, preparation and professionalism, five
percent are associated with a teacher’s attendance, provided that a teacher may
use up to six days of leave before it is calculated into the summative report,
and five percent with student and parent perception surveys.
I. Effectiveness
evaluation criteria for evaluating classroom teachers shall include indicators
based on research-based instructional practices as determined by the
department.
J. School districts that receive
funding under the Bilingual
Multicultural Education Act [Sections 22-23-1 to 22-23-6 NMSA 1978] or with students possessing limited English
proficiency should ensure that they are doing all they can to carry out all
state and federal activities and programs to assist those student populations.
K. Individual
teacher evaluations and effectiveness ratings (including components of the
evaluation such as observations, student achievement growth data, and any other
measures of effectiveness) that are collected or maintained by the PED or any
local board of education or governing authority shall not constitute public
records and shall not be subject to disclosure pursuant to 14-2-1 NMSA 1978.
L. The department maintains a list of
approved assessment options and effectiveness evaluation measures and criteria for evaluating classroom
teachers on its website, which can be
accessed at http://ped.state.nm.us/ and used by school districts for
determining the student achievement growth component and evaluation
criteria in a teacher’s effectiveness evaluation.
[6.69.8.8
NMAC - Rp, 6.69.8.8 NMAC, 08/15/2017]
6.69.8.9 STUDENT ACHIEVEMENT GROWTH AND
STUDENT ASSESSMENT PROGRAMS:
A. School
districts shall use the department-adopted student achievement growth measure
to measure the growth in achievement of each student as applied to the
teacher's effectiveness rating.
B. Whenever
possible, an EES rating the performance of a classroom teacher shall include
three years of student achievement growth data.
C. Beginning with
the 2016-2017 school year, each school district shall administer a student
assessment for each course they offer that measures mastery of the content as
described in the state-adopted course description at the necessary level of
rigor for the course. The student assessments may include:
(1) statewide
assessments currently administered in mathematics, reading, science and early
literacy; and
(2) department-approved
end-of-course assessments.
[6.69.8.9
NMAC - Rp, 6.69.8.9 NMAC, 08/15/2017]
6.69.8.10 EFFECTIVENESS EVALUATIONS OF
SCHOOL LEADERS:
A. Every school leader
must have an annual effectiveness evaluation, which shall be conducted by a
qualified person and approved by PED.
B. All EES ratings
for the performance of a school leader shall be based thirty-five percent on
the growth measures in a school’s A through F letter grade that has been assigned
pursuant to 6.19.8 NMAC, twenty-five percent based on the school’s multiple
measures and forty percent based upon quality criteria of school leaders
classroom observations of teachers as determined by the department.
C. The
effectiveness evaluation of school leaders shall, whenever possible, include growth
based on three years of data for students assigned to the public school, provided
that, the student achievement growth component of the effectiveness evaluation
shall be based on the growth measures in the school’s A through F letter grade
pursuant to 6.19.8 NMAC.
D. The department
maintains a list of leadership standards on its website, which can be accessed
at http://ped.state.nm.us/ and used by school districts in establishing
indicators for conducting effectiveness evaluation of school leaders.
[6.69.8.10
NMAC - Rp, 6.69.8.10 NMAC, 08/15/2017]
6.69.8.11 EVALUATIONS, OBSERVATIONS,
REPORTS AND POST-EVALUATION CONFERENCES:
A. Beginning
with 2017-2018 school year and during each succeeding school year, every
classroom teacher must be formally observed using one of the following options,
with at least one of the required observations conducted by the school
principal or assistant principal:
(1) three
observations conducted by the same certified observer; or
(2) two
observations, consisting of one observation by each of two different certified observers.
(3) one
observation by a certified observer for teachers that have received a highly
effective or exemplary rating on their most recent NMTEACH summative report,
inclusive of fifty percent of the possible student achievement points.
B. In addition to
formal observations, an informal walkthrough observation shall be conducted aligned
to district priorities, with feedback provided, for each teacher within the
first 45 days of the teacher's first day of instruction.
C. An approved or
certified observer must use a PED-developed protocol and form that contains at
a minimum the observer’s name, the classroom teacher’s name, the date, the
start and stop time of the observation, the number of students present, space
for subjective and objective observation, and a total point score for that
teacher. An external observer must further:
(1) complete
the written observation of a classroom teacher before leaving the school on the
day of the observation;
(2) agree
to maintain confidentiality of the observation and agree not to discuss the
observations with anyone except the principal; and
(3) verify
that the observer has not retained or removed a copy of the observation or
field notes from school premises.
D. Written feedback
from a school leader and an approved or certified observer shall be provided to
an observed classroom teacher within ten calendar days after observation is
completed, which observation can occur over more than one day, provided that a
school district’s EES permits this.
E. The school
leader responsible for supervising a licensed school employee shall be the one
who evaluates that employee’s performance.
The school district’s EES:
(1) may
provide for the supervisor to consider input from other trained evaluators and
observers provided that they are not also supervised by the supervisor nor are
related by blood or marriage to the supervisor; and
(2) shall
provide for contingencies if a supervisor leaves a school district for any
reason prior to completing the required effectiveness evaluations of all
teachers within that supervisor’s responsibilities.
[6.69.8.11
NMAC - Rp, 6.69.8.11 NMAC, 08/15/2017]
6.69.8.12 APPEAL OF EFFECTIVENESS
EVALUATIONS:
A. A school
district shall adopt procedures for permitting expedited review for the purpose
of a licensed school employee requesting an exemption from being rated during a
given school year under the school district’s EES based only upon extraordinary
circumstances.
B. The procedures
shall require a written appeal to be submitted to the appellate reviewer within
no more than 15 calendar days of receipt of a written notice that the licensed
employee’s performances deficiencies have not been satisfactorily corrected.
C. Appeals shall be
received in a manner that permits verification of the date of receipt.
D. The person who
evaluated the licensed school employee shall not be same person who receives
and determines the appeal.
E. An exemption
from the provisions of this rule can only be granted for one school year based
upon extraordinary circumstances, which shall consist of:
(1) a
licensed school employee’s not having performed services during an entire
school year, excluding days out for approved leave and school holidays or
closure days, for reasons beyond the employee’s control;
(2) a
licensed school employee’s not being able to perform services for extended
periods during a school year due to documented medical reasons of the employee
or of the employee’s spouse, live-in partner or a child;
(3) a
licensed school employee’s not being able to perform services for extended
periods during a school year due to the death of the employee’s spouse, live-in
partner or a child; or
(4) a
licensed school employee’s not having been afforded a full 90 days to
demonstrate growth in performance for any reason including the employee’s own
illness, provided that it shall be the employee’s burden to provide
verification of not being afforded the full 90 days.
F. All decisions on
appeals rendered under this section shall be final and not further reviewable
by anyone else at the school district or by the PED.
[6.69.8.12
NMAC - Rp, 6.69.8.12 NMAC, 08/15/2017]
6.69.8.13 TEACHERS AND ADMINISTRATORS IN
NON-PUBLIC SCHOOLS:
A. Only licensed teachers
and school leaders employed in schools subject to the A-B-C-D-F Schools Rating Act [Sections 22-2E-1 to 22-2E-4 NMSA 1978]
shall be governed by any requirement or provision of this rule.
B. Specifically, neither
licensed teachers nor administrators employed in private schools, BIE schools
or state agencies shall be governed by any requirement or provision of this
rule.
[6.69.8.13
NMAC - Rp, 6.69.8.13 NMAC, 08/15/2017]
HISTORY
OF 6.69.8 NMAC: [RESERVED]
HISTORY OF REPEALED MATERIAL:
6.69.8 NMAC, Teacher and School Leader Effectiveness, filed 08/30/2012 -
Repealed effective 08/15/2017.
OTHER HISTORY: 6.69.8
NMAC, Teacher and School Leader Effectiveness, filed 08/30/2012 was replaced by
6.69.8 NMAC, Teacher and School Leader Effectiveness, effective 8/15/2017.