Current through Reg. 50, No. 187; September 24, 2024
(1) The purpose of
this rule is to set forth the requirements for the annual evaluation of
instructional personnel and school administrators pursuant to Section
1012.34, F.S., by establishing
criteria and implementing procedures for the school district systems;
delineating the responsibilities of the school district and Department of
Education (Department); setting forth submission, review and approval criteria;
and prescribing reporting and monitoring requirements.
(2) Definitions. The following definitions,
listed alphabetically, shall be used in this rule and incorporated documents:
(a) "Assessments" means the methods or tools
used to evaluate, measure, and document student performance and
growth.
(b) "Contemporary research"
means professional research studies that provide evidence of the impact of
instructional practice and instructional leadership. Research findings are
considered "contemporary" when conducted within the last ten (10) years or
where the continued validity of less recent findings is supported by research
conducted within the last ten (10) years.
(c) "Descriptors" means the role-based
requirements of school administrators to demonstrate mastery of each of the
Florida Educational Leadership Standards or the requirements of instructional
personnel to demonstrate mastery of each of the Florida Educator Accomplished
Practices.
(d) "Florida Educator
Accomplished Practices" or "FEAP" means the six (6) practices, including the
descriptors within, described in subsection
6A-5.065(2),
F.A.C., which is hereby incorporated by reference (
http://www.flrules.org/Gateway/reference.asp?No=Ref-16026).
A copy of Rule 6A-5.065, F.A.C., may be
obtained from the Florida Department of Education, 325 West Gaines Street, Room
124, Tallahassee, FL 32399-0400.
(e) "Florida Educational Leadership
Standards" or "FELS" means the eight (8) practices, including all descriptors,
described in Rule 6A-5.080, F.A.C., which is
hereby incorporated by reference (
http://www.flrules.org/Gateway/reference.asp?No=Ref-16027).
A copy of Rule 6A-5.080, F.A.C., may be
obtained from the Florida Department of Education, 325 West Gaines Street, Room
124, Tallahassee, FL 32399-0400.
(f) An "indicator" is a description of a
specific behavior or strategy.
(g)
"Instructional personnel" means instructional personnel as defined in Sections
1012.01(2)(a)-(d),
F.S., excluding substitute teachers.
(h) "Newly hired by the district" means the
first calendar year in which classroom teachers are employed by the school
district in a full-time instructional position. Such personnel are "newly
hired" for their first year of employment in a district regardless of their
prior work experience elsewhere or in the employing school district.
(i) "Observation" means the monitoring
actions in evaluation systems that contribute evidence of performance or the
impact of performance on others. Evidence collected through observation
contributes to the summative evaluation rating and may be used for formative
feedback. District evaluation systems may provide that observations are formal
or informal; announced or unannounced; and whether they are conducted by
supervisors, mentors, or peers who are trained in the evaluation system. The
length of time of an observation event and the type of school activity observed
may vary and is determined by the evidence of practice that is
sought.
(j) "Performance standards"
are the statements or cut points establishing how well individuals must perform
within each criterion of the evaluation - performance of students,
instructional practice or instructional leadership, and other indicators of
performance - to achieve the four designated performance levels.
(k) "Research-based framework" means an
approach used in an evaluation system to assess and provide feedback on either
instructional practice or instructional leadership. A research-based framework
is based on contemporary research and includes implementation procedures
designed to support the successful use of the framework for evaluation and
continuous improvement.
(l)
"Rubric" means a tool or set of indicators of practice used to distinguish
among proficiency levels or classify performance.
(m) "School administrator" means school
administrator as defined in Section
1012.01(3)(c),
F.S.
(n) "Substantial revisions"
means revisions other than editing for grammar, name changes, or year
updates.
(o) "Summative evaluation
rating" means the final, combined rating of performance for an annual
evaluation that includes student performance, instructional practice or
instructional leadership, and, if applicable, other indicators of performance.
There are four (4) performance levels: highly effective; effective; needs
improvement, or, for teachers in the first three (3) years of employment,
developing; and unsatisfactory.
(p)
"Value-added model" or "VAM" means a statistical model used for the purpose of
determining an individual teacher's or school administrator's contribution to
student learning, as established in Rule
6A-5.0411, F.A.C., which is
hereby incorporated by reference (
http://www.flrules.org/Gateway/reference.asp?No=Ref-16028).
A copy of Rule 6A-5.0411, F.A.C., may be
obtained from the Florida Department of Education, 325 West Gaines Street, Room
124, Tallahassee, FL 32399-0400.
(3) Evaluation Systems Requirements. To
receive approval of its evaluation systems, the school district must provide
the following:
(a) Evaluation System
Overview. For instructional personnel and school administrators, the purpose
and a summary of the evaluation system.
(b) Evaluation Procedures. For instructional
personnel and school administrators, on an annual basis:
1. When and how personnel are informed of the
criteria, data sources, methodologies, and procedures associated with the
evaluation process;
2. When and how
many observations take place; and,
3. When and how many summative evaluations
are conducted.
(c)
Evaluation Criteria.
1. Performance of
Students. For instructional personnel and school administrators:
a. Percentage of the evaluation based on
student performance; and,
b.
Description of the step-by-step calculation for determining the student
performance rating, including performance standards for differentiating
performance.
2.
Instructional Practice. For instructional personnel:
a. Percentage of the evaluation based on
instructional practice; and,
b.
Description of the step-by-step calculation for determining the instructional
practice rating for classroom and non-classroom instructional personnel,
including performance standards for differentiating
performance.
3.
Instructional Leadership. For school administrators:
a. Percentage of the evaluation based on
instructional leadership; and,
b.
Description of the step-by-step calculation for determining the instructional
leadership rating for school administrators, including performance standards
for differentiating performance.
4. Other Indicators of Performance. For
instructional personnel and school administrators, if the school district
chooses to include such additional indicators:
a. Percentage of the evaluation based on
other indicators of performance;
b.
Description of the additional performance indicators; and,
c. Description of the step-by-step
calculation for determining the other indicators of performance rating,
including performance standards for differentiating
performance.
5. Summative
Evaluation Rating.
a. For instructional
personnel:
(I) Description of the step-by-step
calculation for determining the summative rating; and,
(II) . Sample summative rating calculations
to illustrate how a second grade teacher and a ninth grade English language
arts teacher can earn a highly effective and an unsatisfactory summative
performance rating.
b.
For school administrators:
(I) Description of
the step-by-step calculation for determining the summative rating; and,
(II) Sample summative rating
calculations to illustrate how an elementary principal and a high school
assistant principal can earn a highly effective and an unsatisfactory summative
performance rating respectively.
(d) Additional requirements.
1. For instructional personnel and school
administrators:
a. Confirmation that the
evaluation system framework is based on sound educational principles and
contemporary research in effective educational practices.
b. Confirmation that the school district
provides training programs and has processes that ensure:
c. Acknowledgment that the evaluation
procedures established by the district school superintendent set the standards
of service to be offered to the public within the meaning of Section
447.209, F.S., and are not
subject to mandatory collective bargaining.
(I) Employees subject to an evaluation system
are informed of the evaluation criteria, data sources, methodologies, and
procedures associated with the evaluation before the evaluation takes place;
and,
(II) Individuals with
evaluation responsibilities and those who provide input toward evaluations
understand the proper use of the evaluation criteria and
procedures;
d.
Confirmation that the school district evaluation procedures comply with the
following:
(I) The evaluator is the
individual responsible for supervising the employee, and the evaluator is
authorized to consider input from other personnel trained on the evaluation
system;
(II) The evaluator provides
timely feedback to the employee that supports the improvement of professional
skills;
(III) The evaluator submits
a written report to the employee no later than ten (10) days after the
evaluation takes place;
(IV) The
evaluator discusses the written evaluation report with the employee;
(V) The employee has the right to initiate a
written response to the evaluation and the response becomes a permanent
attachment to his or her personnel file;
(VI) The evaluator submits a written report
of the evaluation to the district school superintendent for the purpose of
reviewing the employee's contract; and,
(VII) The evaluator may amend an evaluation
based upon assessment data from the current school year if the data becomes
available within ninety (90) days after the close of the school
year.
e. Confirmation
that the school district has procedures for the use of evaluation results to
inform the planning of professional development, and the learning of school and
district improvement plans.
f.
Confirmation that the school district ensures personnel who have been evaluated
as less than effective are required to participate in specific professional
learning programs.
g. Confirmation
that the school district has procedures for the notification of unsatisfactory
performance that comply with the requirements outlined in Section
1012.34(4),
F.S.
h. Confirmation that the
district school superintendent annually notifies the Department of Education of
any personnel who receive two (2) consecutive unsatisfactory evaluation
ratings, or are given written notice by the school district of intent to
terminate or not renew their employment, as outlined in Section
1012.34(5),
F.S. This reporting shall be completed in accordance with the FDOE Information
Database Requirements: Volume II - Automated Staff Information System, as
established in Rule 6A-1.0014, F.A.C., which is
hereby incorporated by reference (
http://www.flrules.org/Gateway/reference.asp?No=Ref-16029).
A copy of Rule 6A-1.0014, F.A.C., may be
obtained from the Florida Department of Education, 325 West Gaines Street, Room
124, Tallahassee, FL 32399-0400.
i.
Confirmation that the school district has a process for annually monitoring its
evaluation system that enables it to determine the following:
(I) Compliance with the requirements of
Section 1012.34, F.S., and this
rule;
(II) Evaluators'
understanding of the proper use of evaluation criteria and procedures,
including evaluator accuracy and inter-rater reliability;
(III) Evaluators provide necessary and timely
feedback to employees being evaluated;
(IV) Evaluators follow district policies and
procedures in the implementation of evaluation system(s);
(V) Use of evaluation data to identify
individual professional learning; and,
(VI) Use of evaluation data to inform school
and district improvement plans.
2. For instructional personnel:
a. Confirmation that the observation
instrument(s) to be used for classroom teachers include indicators based on
each of the FEAP.
b. Confirmation
that the observation instrument(s) to be used for non-classroom instructional
personnel include indicators based on the FEAP, and may include specific job
expectations related to student support.
c. Confirmation that the school district
provides instructional personnel the opportunity to review their class rosters
for accuracy and to correct any mistakes.
d. Confirmation that the district school
superintendent annually reports accurate class rosters for the purpose of
calculating district and statewide student performance, and the evaluation
results of instructional personnel.
e. Confirmation that the school district
provides opportunities for parents to provide input into performance
evaluations, when the school district determines such input is
appropriate.
f. Confirmation that
the school district ensures all instructional personnel, classroom and
non-classroom, are evaluated at least once a year, and classroom teachers newly
hired by the school district are observed and evaluated at least twice in the
first year of teaching in the school district.
g. Acknowledgment that the instructional
practice evaluation procedures and criteria under Section
1012.34, F.S., do not preclude a
school administrator from visiting and observing classroom teachers throughout
the school year for the purposes of providing mentorship, training,
instructional feedback, or professional learning.
h. Confirmation that the district's system
identifies teaching fields for which special evaluation procedures or criteria
are necessary, if applicable.
3. For school administrators:
a. Confirmation that the observation
instrument(s) to be used for school administrators include indicators based on
each set of descriptors of the FELS.
b. Confirmation that the school district
ensures all school administrators are evaluated at least once a year.
c. Confirmation that the school district
provides opportunities for parents and instructional personnel to provide input
into performance evaluations, when the school district determines such input is
appropriate.
(e) Additional Documentation.
1. For instructional personnel:
a. Crosswalk from the school district's
evaluation framework to each of the FEAP; and,
b. Observation rubric(s) to be used for
classroom and non-classroom teachers that include indicators based on each of
the FEAP.
2. For school
administrators:
a. Crosswalk from the school
district's evaluation framework to each of the FELS; and,
b. Observation rubric(s) to be used for
school principals and assistant principals that include indicators based on
each of the role-specific descriptors of the FELS and other leadership
practices that result in student learning growth, as identified by the school
district.
3. For
instructional personnel and school administrators:
a. List of the assessments and performance
standards that will apply to the assessment results to be used for calculating
the performance of students; and,
b. Summative evaluation
form(s).
(4) Submission Process.
(a) School districts shall submit an
evaluation system to the Department for review and approval within fifteen (15)
days of the system being revised and prior to school board approval. Beginning
in the 2023-24 school year, school districts shall submit a revised system on
the forms outlined in paragraph (4)(b) of this rule.
(b) Instructional personnel evaluation
systems shall be submitted using the Instructional Evaluation System Template,
Form IEST-2023, and school administrator evaluation systems shall be submitted
using the Administrative Evaluation System Template, Form AEST-2023.
(c) Evaluation systems and all required
supporting documentation shall be submitted electronically to
DistrictEvalSysEQ@fldoe.org.
(5) Review and Approval Process. The review
and approval process is a part of the Department's process for monitoring
evaluation systems pursuant to Sections
1012.34(1)(b) and
(8), F.S. Following the submission of an
evaluation system:
(a) The Department shall
review the form and documentation to determine whether the school district has
submitted a complete evaluation system with the content required by subsection
(3) of this rule, and in the format required by subsection (4) of this
rule.
(b) The Department shall,
within thirty (30) days from the receipt of the evaluation system, provide
written notification to the school district that identifies omitted elements,
or, if there are no omitted elements, that the submission is
complete.
(c) The school district
shall, within thirty (30) days from the notification provided in paragraph
(5)(b) of this rule, address the omitted elements and resubmit the evaluation
system to the Department.
(d) The
Department shall, within thirty (30) days from the resubmission of the
evaluation system, provide written notification to the district school
superintendent of the evaluation system approval status. The approval status
designations and the effect of these designations are as follows:
1. Approved. An evaluation system shall be
approved, if the system meets the requirements outlined in subsection (6) of
this rule. A school district may implement the evaluation system after
receiving notification of Department approval.
2. Denied. An evaluation system shall be
denied if the system does not meet the requirements outlined in subsection (6)
of this rule. The school district shall make revisions to the system, based in
part on feedback from the Department, and resubmit the plan to the Department
for review and approval; a district may not implement a denied evaluation
system. Upon request by the school district, the Department shall provide
assistance in developing or improving an evaluation
system.
(6)
Approval Criteria.
(a) An evaluation system
shall be approved when the system:
1. Is
submitted to DistrictEvalSysEQ@fldoe.org;
2. Is submitted on the forms required by
paragraph (4)(b) of this rule;
3.
Fulfills the requirements of subsection (3) of this rule; and,
4. Is found by the Department to create the
conditions necessary to increase student academic performance and learning
growth by improving the quality of instructional, administrative, and
supervisory services in the school district.
(b) An evaluation system shall maintain its
approval designation if it continues to comply with the requirements listed in
Section 1012.34, F.S., and this rule;
the school district is implementing the evaluation system as approved by the
Department; and any areas of noncompliance identified through the monitoring
process outlined in subsection (7) of this rule, are addressed within the
Department's prescribed timeline.
(7) Implementation Monitoring.
In addition to the procedures described in subsection (5) of
this rule, the Department shall monitor the school district's implementation of
its approved evaluation systems pursuant to Section
1012.34(1)(b),
F.S.
(a) The Department shall annually
select no less than ten (10) percent of school districts to monitor,
prioritized based on the following factors: the district percentage of schools
receiving a grade of "D" or "F" pursuant to Section
1008.34, F.S.; the distribution
of personnel in each of the four (4) performance levels provided in Section
1012.34(2)(e),
F.S.; findings of evidence of noncompliance with the requirements of Section
1012.34, F.S., or this rule
during monitoring; requests for assistance; and the length of time since the
last monitoring event.
(b) The
Department shall provide the school district with no less than sixty (60) days'
notice of a monitoring event.
(c)
The school district shall, within thirty (30) days of the receipt of the
notification of monitoring, submit a report to the Department of the results of
its annual self-monitoring pursuant to sub-subparagraph (3)(d)1.h., during the
preceding five (5) years. The report shall include any improvements the school
district has made to its evaluation processes as a result of its own
monitoring.
(d) The Department
shall conduct monitoring of the school district, documenting evidence that the
school district is in compliance with the evaluation system requirements listed
in Section 1012.34, F.S., and this rule,
and implementing its system as approved.
(e) The Department shall, upon completion of
monitoring, provide the school district with a report of the results that
identifies any strengths and areas of noncompliance.
(f) The school district shall, upon receipt
of the monitoring report, receive no more than sixty (60) days to implement
corrective actions to address areas of noncompliance and submit documentation
of compliance to the Department.
(8) Forms. The following forms are hereby
incorporated by reference:
Instructional Evaluation System Template, Form IEST-2018
(November 2023) and (http://www.flrules.org/Gateway/reference.asp?No=Ref-16030)
and Administrative Evaluation System Template, Form AEST-2023 (May 2023)
(http://www.flrules.org/Gateway/reference.asp?No=Ref-15295).
Copies may be obtained from the Florida Department of Education, 325 West
Gaines Street, Room 124, Tallahassee, FL
32399-0400.
Rulemaking Authority 1012.34(8)
1012.98(9) FS.
Law Implemented 1012.34,
1012.98
FS.
New 6-19-01, Formerly
6B-4.010, Amended 9-9-15,
4-30-18, 5-23-23, 8-22-23, 11-21-23.