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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2013

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14 DE Admin. Code 107A
I. Summary of the Evidence and Information Submitted
The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 107A Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised.
Notice of the proposed regulation was published in the News Journal and the Delaware State News on June 3, 2013, in the form hereto attached as Exhibit “A”. Comments were received from the Delaware State Education Association (DSEA), Governor’s Advisory Council for Exceptional Citizens (GACEC) and the State Council for Persons with Disabilities (SCPD).
II. Findings of Facts
The Secretary finds that it is appropriate to amend 14 DE Admin. Code 107A Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised as a means to update the process.
III. Decision to Amend the Regulation
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 107A Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 107A Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised attached hereto as Exhibit “B” is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 107A Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.
The text of 14 DE Admin. Code 107A Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised amended hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 107A Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised in the Administrative Code of Regulations for the Department of Education.
V. Effective Date of Order
The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on July 18, 2013. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.
IT IS SO ORDERED the 18th day of July 2013.
Department of Education
Approved this 18th day of July 2013
State Board of Education
The Specialist Appraisal Process, Delaware Performance Appraisal System (DPAS II) Revised shall be effective for all school districts and charter schools beginning with the 2011-12 school year and shall, at such time, replace the current 14 DE Admin. Code 107 Specialist Appraisal Process, Delaware Performance Appraisal System (DPAS II) 2013-14 school year.
The following definitions shall be applyied for purposes of this regulation:
Announced Observation shall consist of the Pre-observation Form and conference with the evaluator Credentialed Observer, an observation by the evaluator Credentialed Observer at an agreed upon date and time, using the associated formative conferences and reports. The observation for the specialist may be a collection of data over a specified period of time, up to four (4) weeks, or it may be an observation of sufficient length, at least thirty (30) minutes, to gather appropriate data and assess specialist performance.
Board shall mean a local board of education or a charter school board of directors.
Credentialed Evaluatorshall mean the individual, usually the supervisor of the specialist, who has successfully completed the evaluation training in accordance with 10.0. The Credentialed Evaluator may also be referred to as Evaluator.
"Credentialed Observer" shall mean an individual, not always the supervisor of the specialist, who has successfully completed DPAS II credentialing in accordance with 10.0. Credentialed Observer denotes any individual who may conduct observations as part of a specialist’s appraisal process. The term Credentialed Observer encompasses those administrators who are Evaluators.
DASA shall mean the Delaware Association of School Administrators.
DPAS II Revised Guide for Specialistsshall mean the manual that contains the prescribed forms, detailed procedures, specific details about the five (5) components of evaluation and other relevant documents that are used to implement the appraisal process.
DSEA shall mean the Delaware State Education Association.
Evaluator shall mean a Credentialed Observer who is responsible for a specialist’s Summative Evaluation. A specialist’s required observations as part of the appraisal cycle shall generally be conducted by the assigned Evaluator; however, the assigned Evaluator may designate a school administrator who is also a Credentialed Observer to conduct the required observations.
Experienced Specialist shall mean a specialist who holds a valid and current Continuing or Advanced License, issued pursuant to Chapter 12 of Title 14 of the Delaware Code; or Standard or Professional Status Certificate issued prior to August 1, 2003 or holds a valid and current license from his or her respective licensure body.
Improvement Plan shall be the plan that a specialist and Evaluator mutually develop in accordance with 8.0.
Interim assessment shall mean an assessment given at regular and specified intervals throughout the school year, and designed to evaluate students’ knowledge and skills relative to a specific set of academic standards, and the results of which can be aggregated (e.g., by course, grade level, school, or school district) in order to inform teachers, administrators, and specialists at the student, classroom, school, and district levels.
Novice Specialist shall mean a specialist who holds a valid and current Initial License issued pursuant to Chapter 12 of Title 14 of the Delaware Code or holds a valid and current license from his or her respective licensure body.
Satisfactory Component Rating shall mean the specialist’s performance demonstrates an understanding of the concepts of the component under Chapter 12 of Title 14 of the Delaware Code.
Satisfactory Evaluation shall be equivalent to the overall Highly Effective, Effective or Needs Improvement rating on the Summative Evaluation and shall be used to qualify for a continuing license.
"Specialist" shall mean an educator other than a teacher or administrator and includes, but is not limited to, School Counselors, Library Media Specialists, School Psychologists, and School Nurses.
State Assessment shall mean the Delaware Comprehensive Assessment System (DCAS).
Student Achievement shall mean
Student Growthshall mean the change in achievement data for an individual student between two points in time. Growth may also include other measures that are rigorous and comparable across classrooms.
Summative Evaluation shall be the final evaluation at the conclusion of the appraisal cycle mean the comprehensive, end-of-cycle appraisal and shall incorporate the results of the minimum required observations and required component-level data. At the discretion of the Evaluator, it may also include additional [Announced or Unannounced] observation data[, beyond the required observation data,] provided by other Credentialed Observers.
Unannounced Observation shall consist of an observation by the evaluator a Credentialed Observer at a date and time that has not been previously arranged using the associated formative conferences and reports. The observation shall be of sufficient length, at least thirty (30) minutes, to gather appropriate data and assess specialist performance.
Unsatisfactory Component Rating shall mean the specialist’s performance does not demonstrate an understanding of the concepts of the component.
“Unsatisfactory Evaluation” shall be the equivalent to the overall Ineffective rating on the Summative Evaluation.
Working Day shall mean a day when the employee would normally be working in that district or charter school.
3.1 Experienced specialists who have earned a rating of Highly Effective on their most recent Summative Evaluation shall receive a minimum of (1) Announced or Unannounced Observation each year with a Summative Evaluation at least once every two (2) years. The Student Improvement component for Highly Effective specialists shall be evaluated each year, regardless of whether or not a Summative Evaluation is conducted. If a Highly Effective specialist does not achieve a Satisfactory rating on the Student Improvement Component, the specialist shall receive a Summative Evaluation the following year, regardless of whether the specialist would otherwise be due for a Summative Evaluation pursuant to this section.
3.2 Experienced specialists who have earned a rating of Effective and have earned Satisfactory ratings on at least four (4) of the Appraisal Components found in 5.0, including Student Improvement, on his or her most recent Summative Evaluation shall receive a minimum of one (1) Announced or Unannounced Observation each year with a Summative Evaluation at least once every two (2) years. The Student Improvement component for Effective specialists shall be evaluated each year, regardless of whether or not a Summative Evaluation is conducted. If an Effective specialist does not achieve a Satisfactory rating on the Student Improvement Component, the specialist shall receive a Summative Evaluation the following year, regardless of whether the specialist would otherwise be due for a Summative Evaluation pursuant to this section.
3.4 Novice specialists shall receive a minimum of two (2) one (1) Announced Observation and one (1) Unannounced Observation with a Summative Evaluation at the end of the one year period. Novice specialists who have earned a rating of Needs Improvement or Ineffective on their most recent Summative Evaluation shall have an Improvement Plan which may require additional observations or other types of monitoring as outlined in the DPAS II Revised Guide for Specialists.
4.0 DPAS II Guide for Specialists
4.1 All districts and charter schools shall use the manual entitled DPAS II Revised Guide for Specialists as developed and as may be amended by the Department of Education in collaboration with DASA and DSEA to implement the appraisal system.
5.1 The following five (5) Appraisal Components, including any Appraisal Criteria specified for each, shall be the basis upon which the performance of a specialist shall be [evaluated by a credentialed evaluator the assigned Evaluator determined]. In each academic year, for each of the first four (4) Appraisal Components, a school district or charter school may waive one (1) criterion identified as optional below. Notification of any such waiver shall be provided to all specialists in a school district or charter school and the Department of Education by the last day in August of each year:
6.1.1 A satisfactory rating for each of the first four Appraisal Components shall mean the specialist has no more than one unacceptable rating on the Appraisal Criteria specified in each of the five (5) components set forth in 5.1. Appraisal Criteria observed shall be rated on each observation conducted and Appraisal Criteria also shall be assigned an overall rating in a specialist's Summative Evaluation.
[8.1.1 8.2] An Improvement Plan shall also may be developed if a specialist’s overall performance during an observation is unsatisfactory. [This unsatisfactory performance shall may be noted by the evaluator on the Formative Feedback form Evaluator on the required forms by noting “PERFORMANCE IS UNSATISFACTORY” and initialing the statement In instances where an improvement plan is to be developed, the evaluator shall first have noted the unsatisfactory performance on the required forms by noting “Performance is Unsatisfactory” and initialing the statement].
[8.23] The Improvement Plan shall contain the following:
[8.23].1 Identification of the specific deficiencies and recommended area(s) for growth;
[8.23].2 Measurable goals for improving the deficiencies to satisfactory levels;
[8.23].3 Specific professional development or activities to accomplish the goals;
[8.23].4 Specific resources necessary to implement the plan, including but not limited to, opportunities for the specialist to work with curriculum specialist(s), subject area specialist(s), instructional specialist(s) or others with relevant expertise;
[8.23].5 Procedures and evidence that must be collected to determine that the goals of the plan were met;
[8.23].6 Timeline for the plan, including intermediate check points to determine progress;
[8.23].7 Procedures for determining satisfactory improvement.
[8.23].8 Multiple observations and opportunity for feedback provided by a trained evaluator Credentialed Observer, a mentor, or lead specialist, or an instructional coach.
[8.34 Any state or federally funded pP]rofessional development that is completed during the time that the Improvement Plan is in effect must directly relate to areas identified as needing improvement.
[8.345] The Improvement Plan shall be developed cooperatively by the specialist and Evaluator. If the plan cannot be cooperatively developed, the Evaluator shall have the authority and responsibility to determine the plan as specified in 8.21 [and 8.2] above.
[8.456] The specialist shall be held accountable for the implementation and completion of the Improvement Plan.
[8.567] Upon completion of the Improvement Plan, the specialist and Evaluator shall sign the documentation that determines the satisfactory or unsatisfactory performance of the plan.
9.1 A specialist may challenge any rating on the Summative Evaluation, either a Component Rating or the Overall Rating, or a specialist may challenge the conclusions of an observation if the statement PERFORMANCE IS UNSATISFACTORY has been included on the Formative Feedback form required form(s). To initiate a challenge, a specialist shall submit additional information specific to the point of disagreement in writing within fifteen (15) working days of the date of the specialist’s receipt of the Summative Evaluation. Such written response shall become part of the appraisal record and shall be attached to the Summative Evaluation. All challenges together with the record shall be forwarded to the supervisor of the Evaluator unless the supervisor of the Evaluator is also in the same building as the specialist. In this situation, the challenge together with the record shall be forwarded to a designated district or charter school level credentialed Evaluator.
9.1.1 Within fifteen (15) working days of receiving the written challenge, the supervisor of the Evaluator or the designated district or charter school level credentialed Evaluator shall review the record which consists of all documents used in the appraisal process and the written challenge, meet with the specialist, and issue a written decision.
10.0 Evaluator Credentials Credentialing
10.1 Evaluators Credentialed Observers shall have successfully completed the DPAS II training as developed by the Department of Education. Evaluators Each shall receive a certificate of completion which is valid for five (5) years and is renewable upon completion of professional development focused on DPAS II as specified by the Department of Education.
10.2 The training for the certificate of completion shall include techniques for observation and conferencing, content and relationships of frameworks for practice and a thorough review of the DPAS II Revised Guide for Specialists. Activities in which participants practice implementation of DPAS II procedures shall be included in the training.
For purposes of 14 Del.C., Chapter 14 Procedures for the Termination of Services of Professional Employees only, the Appraisal Component 5.1.5 Student Improvement shall be considered "Satisfactory" for a specialist for the 2011-2012 school year.
Last Updated: December 31 1969 19:00:00.
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