DEPARTMENT OF EDUCATION

Office of the Secretary

Statutory Authority: 14 Delaware Code, Section 1270 (14 Del.C. §1270)

14 DE Admin. Code 112

PROPOSED

Education Impact Analysis Pursuant to 14 Del.C. Section 122(d)

112 Addendum to Teachers and Specialists Appraisal Process

A. Type of Regulatory Action Required

Repeal Regulation

B. Synopsis of Subject Matter of the Regulation

The Secretary of Education seeks the consent of the State Board of Education to repeal 14 DE Admin. Code 112 Addendum to Teachers and Specialists Appraisal Process. This regulation is replaced by 14 DE Admin. Code 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) and 14 DE Admin. Code 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II). The new Delaware Performance Appraisal System (DPAS II) has been phased in over the past two years and shall be effective for all public school districts and charter schools beginning with the 2008-2009 school year. This regulation is no longer needed.

Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before Thursday, July 3, 2008 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office.

C. Impact Criteria

1. Will the amended regulation help improve student achievement as measured against state achievement standards? The regulation is being repealed and is replaced by 14 DE Admin. Code 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) and 14 DE Admin. Code 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II).

2. Will the amended regulation help ensure that all students receive an equitable education? The regulation is being repealed and is replaced by 14 DE Admin. Code 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) and 14 DE Admin. Code 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II).

3. Will the amended regulation help to ensure that all students’ health and safety are adequately protected? The regulation is being repealed and is replaced by 14 DE Admin. Code 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) and 14 DE Admin. Code 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II).

4. Will the amended regulation help to ensure that all students’ legal rights are respected? The regulation is being repealed and is replaced by 14 DE Admin. Code 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) and 14 DE Admin. Code 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II).

5. Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The regulation is being repealed and is replaced by 14 DE Admin. Code 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) and 14 DE Admin. Code 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II).

6. Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The regulation is being repealed and is replaced by 14 DE Admin. Code 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) and 14 DE Admin. Code 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II).

7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The regulation is being repealed and is replaced by 14 DE Admin. Code 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) and 14 DE Admin. Code 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II).

8. Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The regulation is being repealed and is replaced by 14 DE Admin. Code 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) and 14 DE Admin. Code 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II). 9. Is there a less burdensome method for addressing the purpose of the regulation? The regulation is being repealed and is replaced by 14 DE Admin. Code 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) and 14 DE Admin. Code 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II).

10. What is the cost to the State and to the local school boards of compliance with the regulation? The regulation is being repealed and is replaced by 14 DE Admin. Code 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II) and 14 DE Admin. Code 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II).

112 Addendum to Teachers and Specialists Appraisal Process

1.0 Addendum to Teachers and Specialists Appraisal Process

Beginning June 1, 1996 the following changes outlined in this addendum shall continue in effect until the Delaware Performance Appraisal System can be thoroughly reviewed and appropriate revisions made to assure alignment with the vision of teaching and learning represented in the Delaware Content Standards for Students and the Delaware Standards for Teachers.

1.1 Tenured teachers or specialists who transfer within the State of Delaware and become non-tenured in the new district or within the current district to a new assignment or building shall receive a minimum of one formative conference and report each of two years and a performance appraisal and conference at the end of a two year cycle using current policy forms.

1.2 Tenured teachers or specialists shall receive a minimum of one formative conference and report each of two years and a performance appraisal and conference at the end of a two year cycle using the short narrative instrument.

11 DE Reg. 1540 (06/01/08) (Prop.)