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TEACHER EVALUATION After S.B. 290

TEACHER EVALUATION After S.B. 290. The Hungerford Law Firm June, 2012. S.B. 290 -- 2011. Oregon legislature calls for state-adopted performance standards, with local “ customization. ” Goal: “ To improve student academic growth and learning by:

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TEACHER EVALUATION After S.B. 290

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  1. TEACHER EVALUATION After S.B. 290 The Hungerford Law Firm June, 2012

  2. S.B. 290 -- 2011 • Oregon legislature calls for state-adopted performance standards, with local “customization.” • Goal: “To improve student academic growth and learning by: • “assisting school districts in determining the effectiveness of teachers and administrations for “human resource decisions” • “Improving professional development and classroom and administrative practices”

  3. 1979: O.R.S. 342.850 • 1979 Legislature called for local school boards to adopt criteria for performance of teachers and licensed administrators: • Annual evaluations for probationary and permanent educators (later every two years for permanent) • Goal setting, “Multiple observations” required • Where deficiencies are identified, implementation of “program of improvement if one is needed to remedy” the problem • Standards and procedures developed “in consultation with” teachers appointed by local teacher associations

  4. S.B. 290 Steps to Implementation • The Act took effect 7/1/11 • State Board adoption of Core Teaching Standards 12/11 • Oregon submits proposal for ESEA Flexibility Waiver • Governor calls for State Board to provide “further guidance” to school districts by 5/15/12 • Districts “customize” standards through “collaborative” process • Implementation by 7/1/13

  5. Local “Collaborative Process” *Starting point is state standards Open *Collaboration by administrators, teachers, teacher associations * OEA definition: “consensus- driven decision-making” * AG: “an interactive process” * State standards must be “customized” for local district

  6. “Musts” for Standards *Must “take into consideration multiple measures of teacher effectiveness *Must “take into consideration evidence of student academic growth and learning based on multiple measures of student progress, including performance data of students, schools, and school districts.” *Must be “research-based” *Must be “customized” for each district, which may include “individualized weighting and application of standards”

  7. Standards must “attempt to”: • Strengthen knowledge, skills, disposition and classroom and administrative practices of educators in public schools. • Refine support, assistance and professional growth opportunities, based on individual needs of educator and needs of students, school and school district. • Allow each teacher to establish a set of classroom practices and student learning objectives based on individual circumstances of teacher, including assignment of teacher. • Establish a “formative growth process” for each teacher that supports professional learning and collaboration. • Use evaluation methods based on curricular standards, targeted to needs of each teacher

  8. O.R.S. 342.850 (continuing): No State standards Local standards developed “in consultation” with teachers named by union Goal-setting, multiple observations required “Plans of assistance for improvement” required No “consideration of” student academic growth S.B. 290: State standards, but “customized” by district Based on “collaborative efforts” of teachers, administrators, unions No specified evaluation processes – yet No mention of action if deficiencies found “Consideration of student academic growth Summary: S.B. 290 Changes

  9. Collective Bargaining and Teacher Evaluation: Pre-S.B. 290 • “Standards of performance or criteria for evaluation” are permissive subjects of bargaining under PECBA. • Some districts have CBA language prohibiting use of student test scores/other data in teacher evaluation • “Minimum fairness” evaluation procedures are mandatory for bargaining. • All other evaluation procedures are permissive. • Mandatory proposal: Teacher evaluation to be conducted “in accordance with” O.R.S. 342.850.

  10. Potential Disputes with Unions • Participation in establishing standards by parents, students, non-union teachers? • “Collaboration” versus “mutual agreement” • “Ratification” by “each party” required? • Placing standards and/or evaluation process in CBA (thus becoming grievable) • Demands to bargain over standards, process • Status of current CBA evaluation language?

  11. Problematic CBA language • “Evaluations shall not be based solely on student test scores or other measurements of student performance.” • “All evaluations shall comply with ORS 342.850 and the District’s adopted Evaluation Handbook.” • “Any evaluation based on student academic growth shall be based on multiple measures of student performance that are customized for the individual teacher.” • “The District will collaboratively develop standards and processes in compliance with S.B. 290.” All such language in the CBA creates a possibility for grievances. All proposals are wholly or partially permissive.

  12. S.B. 290 ACTION PLAN To comply with the requirements of S.B. 290: • Determine if your current evaluation procedures meet all requirements of S.B. 290. Evaluation must attempt to: •Strengthen knowledge, skills, disposition & practices •Refine the support, assistance and professional growth based on individual needs. •Establish formative growth process that supports professional learning & collaboration. •Use evaluation methods, professional development & support targeted to individual needs.

  13. S.B. 290 ACTION PLAN • Compare your current standards of performance to ODE’s “Core Teaching Standards.” OAR 581-022-1724 •The Learner & Learning • Content • Instructional Practice • Professional Responsibility

  14. S.B. 290 ACTION PLAN • Establish a process & timeline for “collaboration” efforts • Determine size and membership of review group. • Provide time for “collaboration” with administrators, teachers, and association. • Determine involvement of other stakeholders • Set timelines for work product of collaboration group. • Allow time for school board study, adoption • Allow time for administrator training • Implement during 2013-14

  15. S.B. 290 Action Plan Provide for “multiple evidence-based measures to evaluate teacher performance and effectiveness, including: *Evidence of professional practice *Evidence of Professional Responsibilities *Evidence of Student Learning and Growth Evidence from all three categories must be used to “holistically” rate performance.

  16. S.B. 290 Action Plan Evaluating “Professional Practice”: *Classroom observation, documentation and feedback (both formal and informal) *Examination of Artifacts (lesson plans, curriculum design, scope and sequence, assignments, student work)

  17. S.B. 290 Action Plan Evaluating Professional Responsibilities: *Teacher reflections and self-reports *Professional goal-setting *Parent/student surveys *Peer collaboration (in formative process only) *Portfolios *Building-level leadership

  18. S.B. 290 ACTION PLAN Develop the means for consideration of evidence of “student academic growth and learning” “Student growth” = “change in student achievement between two or more points in time” to be given weight of 20% or more* • Classroom- or school-based measures • District-developed (collaboratively?) measures • State and national measures * Source: 6/8/12 ODE Draft “Framework”

  19. S.B. 290 Action Plan Student Growth Goal Setting Process • Teachers review baseline data and create goals measuring learning of all students over year • Teachers collaborate with evaluator (and with colleagues) to establish student learning goals • Teachers establish at least two student growth goals and identify measures and evidence to determine goal attainment.

  20. S.B. 290 Action Plan EVALUATOR’S ROLE IN GOAL SETTING • Collaborate in setting student growth goals • Discuss rigor and rationale of each goal • SMART goal process to be used • Meet with teacher mid- and end-of-year to discuss progress, change in strategies • Make a quantitative rating of goal attainment (Level 1-4), not just based on student growth

  21. S.B. 290 ACTION PLAN • Involve and inform the school board and public. • Present to Board an Action Plan to meet S.B. 290 • Introduce “collaboration” group • Address Board member opinions with research, information • Allow time for presentation of recommendation • Schedule Board vote in spring 2013

  22. S.B. 290 ACTION PLAN • Work to change the “culture” of evaluation • Individual teacher, building “piloting”? • PLC discussions of reliable “evidence” of student growth • Use of data to focus evaluation efforts • Identify teacher “inputs” that influence student “outputs”

  23. S.B. 290 ACTION PLAN • Supervise, train, educate the evaluators: • Use collaborative process to review, revise administrative standards, evaluation process • Provide training in observation methods to establish consistency • Observe principals in action • Establish accountability systems to require identification, remediation efforts

  24. What’s Next? • Possible additional changes in OARs to obtain approval of NCLB waiver • Possible additional legislative change in 2013 • Likely litigation over bargaining issues • More opportunities for training, assistance For updates, call The Hungerford Law Firm at 503-650-7990 or e-mail Nancy@Hungerfordlaw.com

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