Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 23 - Legal Services ***
Rule 005.23.13-007 - Rules Governing the Leader Excellence and Development System

Universal Citation: AR Admin Rules 005.23.13-007

Current through Register Vol. 49, No. 9, September, 2024

1.0 PURPOSE

1.01 The purpose of these rules is to establish the requirements and procedures concerning the evaluation and development of public school building and district-level leader performance.

2.0 REGULATORY AUTHORITY

2.01 These rules shall be known as the Arkansas Department of Education Rules Governing The Leader Excellence and Development System.

2.02 These rules are enacted pursuant to the authority of the State Board of Education under Ark. Code Ann. §§ 6-11-105, 6-15-1402, 6-17-704, 6-17-705, 6-17-2801 through 6-17-2809, 6-20-2305, 25-15-201 et seq. and Act 709 of 2013.

3.0 LEGISLATIVE INTENT AND PURPOSE

3.01 The State Board of Education notes that it is the intent of the Arkansas General Assembly to provide a system for school districts to evaluate public school and school district administrators that weights an evaluation on student performance and growth to the same extent as provided for teachers under the Teacher Excellence and Support System.
3.01.1 Provide a cohesive process that includes clear expectations to guide building- or district-level leader preparation, induction, and continued professional development in Arkansas school districts, open-enrollment public charter schools, and the Arkansas Correctional School;

3.01.2 Guide and sustain excellent leadership performance that ensures the improvement of teaching and learning;

3.01.3 Assist higher education programs in developing the content and requirements of degree programs that prepare prospective building- or district-level leaders; and

3.01.4 Provide a process that includes instruments to be used by reflective practitioners to promote their professional growth.

3.02 The purposes of these rules are, without limitation, to:

4.0 DEFINITIONS

4.01 "Artifact" means a documented piece of evidence chosen by the building- or district-level leader being evaluated, the evaluator, or both, that relates to the evaluation rubric.

4.02 "Building- or district-level leader" means an individual employed by an educational agency who performs the role of a building- or district-level administrator or an equivalent role, including an administrator licensed by the State Board of Education, an unlicensed administrator, or an individual on an Administrator Licensure Completion Plan. "Building- or district-level leader does not include:
4.02.1 A superintendent; or

4.02.2 Unless the school district, open-enrollment public charter school, or Arkansas Correctional Schools elects to include them in LEADS, deputy superintendents, associate superintendents, and assistant superintendents.

4.03 "District-level" means agency-wide level when used in reference to an open-enrollment public charter school or the Arkansas Correctional School.

4.04 "Educational agency" means an Arkansas public school district, an open-enrollment public charter school, or the Arkansas Correctional School.

4.05 "Evaluation" means the process under these rules used to:
4.05.1 Assess with evidence what a building- or district-level leader should know and be able to do as measured by the standards and functions of an evaluation framework; and

4.05.2 Promote building- or district-level leader's professional growth.

4.06 "Evaluation framework" means a standardized set of building- or district-level leader evaluation standards and functions that provide the overall basis for an evaluation.

4.07 "Evaluation rubric" means a set of performance functions for each building- or district-level leader evaluation standards in the evaluation framework.

4.08 "Inquiry Category" is a category in which the building- or district-level leader consistently demonstrates progressing, proficient, and/or exemplary performance on standards and functions in the LEADS rubric.

4.09 "Intensive Category" is a category in which a building- or district-level leader receives a rating of not meeting standards on the summative evaluation rubric according to the following guidelines:
4.09.1 The building- or district-level leader receives an overall rating of not meeting standards on any of the six (6) standards identified in Appendix A to these rules; and/or

4.09.2 The building- or district-level leader receives a rating of not meeting standards and/or not progressing on the majority of functions in any of the standards.

4.10 "LEADS" means the Arkansas Leadership Excellence and Development System.

4.11 "Novice Category" is a category in which a building-level leader will be placed for three (3) years if the building-level leader is a first-time administrator.

4.12 "Probationary" is a category in which the building- or district-level leader will be placed if required under an educational agency's policy adopted under the Teacher Fair Dismissal Act, Ark. Code Ann. § 6-17-1501 et seq., for one (1) year if the building- or district-level leader:
4.12.1.1 Has transitioned to the educational agency from another educational agency where he or she had previous building- or district-level leadership experience; or

4.12.1.2 Has transitioned within a school from one building- or district-level leader position to another;

4.13 "Problem of practice" is identified in a professional growth plan as a gap between current performance and desired performance of a school or educational agency based on a review of school or district data.

4.14 "Statewide assessment of student achievement" means a statewide benchmark exam, end-of-course assessment, or a summative assessment of student achievement administered through:
4.14.1 The Arkansas Comprehensive Testing, Assessment, and Accountability Program Act, Ark. Code Ann. § 6-15-401 et seq.; or

4.14.2 A program of Common Core assessments administered under rules of the State Board of Education.

4.15 "Summative evaluation" means an evaluation of a building- or district-level leader's performance that evaluates all applicable standards and functions of the evaluation framework that supports:
4.15.1 Improvement in the building- or district-level leader's leadership practices, student learning, and teacher growth; and

4.15.2 An educational agency's employment decision concerning the building- or district-level leader.

4.16 "Superintendent" includes a position in an educational agency that is equivalent to the position of superintendent in a school district.

5.0 GENERAL REQUIREMENTS AND IMPLEMENTATION

5.01 Beginning in the 2014-2015 school year, an educational agency, as defined in these rules, shall implement the Arkansas Leader Excellence and Development System (LEADS) for building- or district-level leaders employed by it.

5.02 Each evaluation under LEADS shall be in writing.

5.03 A building- or district-level leader shall participate in LEADS and collaborate in good faith with the evaluator to develop the building- or district-level leader's professional growth plan.
5.03.1 A failure to comply with Section 5.03 of these rules may be reflected in the building- or district-level leader's evaluation.

5.04 A school district or open-enrollment public charter school may be deemed to have met the requirements of Sections 5.01 and 5.02 of these rules if:
5.04.1 The school district or open-enrollment public charter school has received authority to continue to use a nationally recognized system of teacher evaluation and support other than the Teacher Excellence and Support System under Section 8 of the Rules Governing the Teacher Excellence and Support System; and

5.04.2 In the 2012-2013 and 2013-2014 school years used a nationally recognized system of building- or district-level leader evaluation and development that is substantially similar to LEADS. In order for a school district or open-enrollment public charter school to continue to use an alternate, nationally recognized system of building- or district-level leader evaluation and development that is substantially similar to LEADS beyond the 2013-2014 school year, the school district or open-enrollment public charter school shall submit the following in writing to the Arkansas Department of Education, Assistant Commissioner for Human Resources and Licensure, by April 1, 2014:
5.04.2.1 The name of the alternate, nationally recognized system of building- or district-level leader evaluation and development; and

5.04.2.2 A brief description of the alternate, nationally recognized system of building- or district-level leader evaluation and development, including an explanation of how it is substantially similar to LEADS.

5.04.2.3 The Arkansas Department of Education Assistant Commissioner for Human Resources and Licensure shall, by May 1, 2014, approve or deny the continued use of the alternate, nationally recognized system of building- or district-level leader evaluation and development beyond the 2013-2014 school year.

6.0 BUILDING OR DISTRICT-LEVEL LEADER EVALUATION PROCESS

6.01 Building or District-level Leader Professional Growth Plan
6.01.1 A building- or district-level leader shall complete or revise a professional growth plan based on the standards and functions determined during the initial meeting with the superintendent or designee under Section 6.03 of these rules.

6.01.2 The building- or district-level leader should review multiple sources of data to determine a building or district problem of practice.

6.01.3 The building- or district-level leader shall indicate in his or her professional growth plan:
6.01.3.1 The school's or educational agency's problem of practice and goal(s);

6.01.3.2 The leadership strategies to address the identified problem;

6.04.3.3 Results indicators (staff and students); and

6.01.3.4 Sources of data to be monitored.

6.01.4 The building- or district-level leader shall determine the action steps needed to implement the leadership strategies identified in his or her professional growth plan.

6.01.5 The building- or district-level leader shall submit a copy of his or her completed professional growth plan to the superintendent or designee.

6.02 Formative Assessment Conferences

Throughout the year, a superintendent or designee shall conduct formative assessment conferences with all building- and district-level leaders evaluated under the LEADS system. Formative assessments should be based on a building-or district-level leader's individual needs as shown by evidence presented from the professional growth plan and evaluation rubric.

6.03 Summative Evaluation
6.03.1 The superintendent or designee shall complete the evaluation rubric for summative evaluation at the end of each year for a building- or district-level leader who is in a novice, a probationary, or an intensive category.

6.03.2 The superintendent or designee shall complete the evaluation rubric for summative evaluation minimally once every three (3) years for a building-or district-level leader who is in an inquiry category.

6.03.3 The building- or district-level leader shall provide evidence of effective practice for each function identified on the appropriate evaluation rubric, using relevant artifacts for each standard and function on which the building- or district-level leader is evaluated as applicable to the building-or district-level leader's position.

6.03.4 The superintendent shall make a recommendation concerning a building-or district-level leader's employment based on:
6.03.4.1 The level of performance based on the performance functions and standards of the evaluation rubric;

6.03.4.2 The evidence of teacher performance and growth applicable to the building- or district-level leader; and

6.03.4.3 The building- or district-level leader's progression on his or her professional growth plan.

6.03.5 The superintendent shall place the evaluation rubric for summative evaluation in the personnel file of the building- or district-level leader:
6.03.5.1 Annually if the building- or district-level leader is in the novice, probationary, or intensive category, and

6.03.5.2 Once every three (3) years for a building- or district-level leader in the inquiry category.

6.03.6 During a period in which a summative evaluation is not required, the superintendent or designee may conduct an evaluation that is lesser in scope than a summative evaluation but uses the portions of the evaluation framework and evaluation rubrics that are relevant to the evaluation.

6.04 Intensive Support
6.04.1 If at a time other than an evaluation conducted under LEADS a superintendent believes or has reason to believe that (a) a building- or district-level leader is having difficulties or problems meeting the expectations of the educational agency or its administration and (b) that the problems could lead to termination or nonrenewal of contract, the superintendent shall:
6.04.1.1 Bring in writing the problems or difficulties to the attention of the building- or district-level leader involved; and

6.04.1.2 Document the efforts that have been undertaken to assist the building- or district-level leader to correct whatever appears to be the cause for potential termination or nonrenewal.

6.04.2 When a building- or district-level leader's performance is unsatisfactory in any one (1) standard or the building- or district-level leader is not progressing in a majority of the functions of an evaluation rubric, the superintendent shall identify and document the inadequate performance and move the building- or district-level leader into the intensive category.

6.04.3 If a building- or district-level leader is placed in the intensive category, the superintendent or designee shall:
6.04.3.1 Establish the time period for the intensive category.
6.04.3.1.1 The period of time specified by the superintendent or designee for the intensive category shall afford the building- or district-level leader an opportunity to accomplish the goals of and complete the tasks assigned in the intensive category.

6.04.3.1.2 The intensive category shall not last for more than two (2) consecutive semesters unless the building- or district-level leader has substantially progressed and the superintendent or designee elects to extend the intensive category for up to two (2) additional consecutive semesters.

6.04.3.2 Provide a written notice to the building- or district-level leader that the building- or district-level leader is placed in the intensive category. The notice shall state that if the building- or district-level leader's contract is renewed while the building- or district-level leader is in the intensive category, the fulfillment of the contract term is subject to the building- or district-level leader's accomplishment of the goals established and completion of the tasks assigned in the intensive category;

6.04.3.3 Develop a clear set of goals and tasks that correlate to:
6.04.3.3.1 The professional growth plan; and

6.04.3.3.2 Evidence-based research concerning the evaluation function or standard that forms the basis for the intensive category; and

6.04.3.4 Ensure the building- or district-level leader is offered the support that the superintendent or designee deems necessary for the building- or district-level leader to accomplish the goals developed and complete the tasks assigned while the building- or district-level leader is in the intensive category.

6.04.4 At the end of the specified period of time for the intensive category, the superintendent or designee shall:
6.04.4.1 Evaluate whether the building- or district-level leader has met the goals developed and completed the tasks assigned for the intensive category; and

6.04.4.2 Provide written notice to the building- or district-level leader that the building- or district-level leader either:
6.04.4.2.1 Is removed from the intensive category; or

6.04.4.2.2 Has failed to meet the goals and complete the tasks of the intensive category.

6.04.5 If a building- or district-level leader does not accomplish the goals and complete the tasks established for the intensive category during the period of the intensive category, the superintendent shall review the documentation of the intensive category.

6.04.6 Upon review and approval of the documentation, the superintendent shall recommend termination or nonrenewal of the building- or district-level leader's contract.
6.04.6.1 If the Teacher Fair Dismissal Act of 1983, Ark. Code Ann. § 6-17-1501 et seq., is applicable to the building- or district-level leader's contract, a recommendation for termination or nonrenewal of a building- or district-level leader's contract under these rules shall be made under the authority granted to a superintendent for recommending termination or nonrenewal under the Teacher Fair Dismissal Act.

6.04.6.2 These rules do not preclude a superintendent from recommending the termination or nonrenewal of a building- or district-level leader's contract that is based all or in part on any lawful reason under the Teacher Fair Dismissal Act.

7.0 INCORPORATION INTO EDUCATIONAL AGENCY CONTRACTS AND POLICIES

7.01 The policy adopted by educational agency boards of directors to implement site-based decision making under Ark. Code Ann. § 6-13-1305, shall address building-or district-level leader evaluations and development under LEADS.

7.02 Every building- or district-level leader contract renewed or entered into for the 2014-2015 school year and thereafter is subject to and shall reference these rules.

APPENDIX A

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