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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJuly 2018

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14 DE Admin. Code 106A
Pursuant to 14 Del.C. §122(b) and 14 Del.C. Ch. 12, Subchapter VII, the Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 106A Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised. This regulation is being amended to: (1) eliminate an incorrect chart related to summative evaluation ratings due to the implementation of equal weighting and (2) to allow flexibility in the length and frequency of observations in the second year of a summative evaluation cycle for experienced teachers to provide an opportunity to streamline the observation process.
Notice of the proposed regulation was published in the News Journal and the Delaware State News on May 1, 2018, in the form hereto attached as Exhibit “A”. Comments were received from the DPAS II Advisory Committee that suggested changes in the language of the regulation that aligned with amended language as published in the proposed regulation.
The Secretary finds that it is appropriate to amend 14 DE Admin. Code 106A Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised in order to eliminate an incorrect chart related to summative evaluation ratings due to the implementation of equal weighting and (2) to allow flexibility in the length and frequency of observations in the second year of a summative evaluation cycle for experienced teachers to provide an opportunity to streamline the observation process.
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 106A Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 106A Teacher 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 106A Teacher 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 106A Teacher 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 106A Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised in the Administrative Code of Regulations for the Department of Education.
The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on June 21, 2018. 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 21st day of June 2018.
Approved this 21st day of June 2018
State Board of Education
"Announced Observation" means an observation by a Credentialed Observer at a date and time that has been previously arranged, using the associated formative conferences and reports, which may include the use of an observation form. The observation shall be of sufficient length, at least thirty (30) minutes, to analyze the lesson and assess teacher performance.
"Board" means a local board of education or charter school board of directors.
"Credentialed Observer" means an individual, not always the supervisor of the teacher, who has successfully completed DPAS II credentialing in accordance with Section 10.0. Credentialed Observer denotes any individual who may conduct observations as part of a teacher’s appraisal process. The term Credentialed Observer encompasses those administrators who are Evaluators.
"DASA" means the Delaware Association of School Administrators.
"Department" means the Delaware Department of Education.
"DPAS II Revised Guide for Teachers" means 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" means the Delaware State Education Association.
Evaluator means a Credentialed Observer who is responsible for a teacher’s Summative Evaluation. A teacher'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 Teacher" means a teacher 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.
"Group 1 Teacher" means any Novice Teacher or Experienced Teacher providing instruction in ELA and/or mathematics to a student enrolled in any grade four (4) through eight (8) as verified by the State's pupil accounting system.
"Improvement Plan" means the plan that a teacher and Evaluator mutually develop in accordance with Section 8.0.
"Non-Group 1 Teacher" means any Novice Teacher or Experienced Teacher that does not meet the definition of Group 1 Teacher as defined herein and explained in the Guide.
"Novice Teacher" means a teacher who holds a valid and current Provisional or Initial License issued pursuant to Chapter 12 of Title 14 of the Delaware Code.
"Satisfactory Evaluation" shall be equivalent to the overall "Highly Effective" or "Effective" rating on the Summative Evaluation and shall be used to qualify for a continuing license.
"Short Observation" means an observation by a Credentialed Observer, using the associated conferences and forms, at a date and time that has not been previously arranged. The observation shall be no less than ten (10) minutes, and be limited to specified criteria. Such observations shall not substitute for required observations under Section 3.0.
"Student Achievement" means:
(1) Student scores on the state assessment system; and, as appropriate,
"Student Growth" means the change in Student 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" or “Evaluation” means the comprehensive, end-of-cycle appraisal and shall incorporate the results of the minimum required observations, any additional observations, and required component-level data. At the discretion of the Evaluator, it may also include additional Announced, Unannounced or Short observation data, beyond the required observation data, provided by other Credentialed Observers.
"Unannounced Observation" means an observation by a Credentialed Observer at a date and time that has not been previously arranged, using the associated formative conferences and reports, and which may include the use of an observation form. The observation shall be of sufficient length, at least thirty (30) minutes, to analyze the lesson and assess teacher performance.
"Unsatisfactory Evaluation" shall be the equivalent to the overall “Needs Improvement” or "Ineffective" rating on the Summative Evaluation as it pertains to educators seeking a continuing license.
"Working Day" means a day when the employee would normally be working in that district or charter school.
3.1 Experienced Teachers who have earned a rating of "Highly Effective" or “Effective” on their most recent Summative Evaluation shall receive a minimum of one (1) Announced or Unannounced Observation each year within the summative cycle and either an additional Announced or Unannounced Observation or the equivalent of observed time (30 minutes) through three (3) Short Observations with a Summative Evaluation at least once every two (2) years.
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 teacher shall be 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. In addition, for the Professional Responsibilities Component (subsection 5.1.4), a school district or charter school may substitute a locally determined alternative Appraisal Component, which must be approved by the Department no later than the last day of July of each year. Final notification of any such waiver or substitution shall be provided to all teachers in a school district or charter school and the Department of Education by the last day in August of each year:
The first two columns above indicate the rating combinations earned in a two year Summative Evaluation cycle, regardless of the order in which they were earned.
Last Updated: December 31 1969 19:00:00.
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