Code of Massachusetts Regulations
603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
Title 603 CMR 35.00 - Educator Evaluation Regulations
Section 35.10 - Implementation and Reporting

(1) All evaluation systems and changes to evaluation systems shall be subject to the Department's review to ensure the systems are consistent with the Boards' Principles of Evaluation. A District may continue to use an evaluation system that it had submitted for review under 603 CMR 35.00.

(2) Districts shall provide the Department with individual educator evaluation data for each educator in the district in a form and manner prescribed by the Commissioner, including, but not limited to:

(3) Any data or information that school districts or the Department or both create, send, or receive in connection with educator evaluation that is evaluative in nature and may be linked to an individual educator, including information concerning an educator's formative assessment or evaluation or summative evaluation or performance rating or the student learning, growth, and achievement data that may be used as part of an individual educator's evaluation, shall be considered personnel information within the meaning of M.G.L. c. 4, § 7(26)(c) and shall not be subject to disclosure under the public records law.

(4) The superintendent is responsible for ensuring that all evaluators have training in the principles of supervision and evaluation. All evaluations should be free of racial, sexual, religious, and other illegal discrimination and biases as defined in state and federal laws.

(5) Nothing in 603 CMR 35.00 shall abridge the provisions of the Massachusetts General Laws, including M.G.L. chs. 69, 71 and 150E.

(6) If any section or portion of a section of 603 CMR 35.00, or the applicability of 603 CMR 35.00 to any person, entity, or circumstance is held invalid by a court, the remainder of 603 CMR 35.00 or the applicability of such provisions to other persons, entities, or circumstances shall not be affected thereby.

(7) The Commissioner may, for good cause, modify the dates set forth in 603 CMR 35.00, including establishing new schedules for implementing regulatory requirements. Good cause may include the need to provide districts additional time in order to pilot for a limited period certain provisions of 603 CMR 35.00. The Commissioner shall provide notice of all such changes.