DEPARTMENT OF EDUCATION

Office of the Secretary

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

14 DE Admin. Code 115

PROPOSED

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

115 School Level Administrator 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 115 School Level Administrator Appraisal Process. This regulation is replaced by 14 DE Admin. Code 108 Administrator 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 The regulation is being repealed and is replaced by 14 DE Admin.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 108 Administrator Appraisal Process Delaware Performance Appraisal System (DPAS II) and is replaced by 14 DE Admin. Code 108 Administrator 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 The regulation is being repealed and is replaced by 14 DE Admin.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 108 Administrator 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 The regulation is being repealed and is replaced by 14 DE Admin.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 108 Administrator 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 The regulation is being repealed and is replaced by 14 DE Admin.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 108 Administrator 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 108 Administrator 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 108 Administrator 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 108 Administrator 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 108 Administrator 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 108 Administrator 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 108 Administrator Appraisal Process Delaware Performance Appraisal System (DPAS II).

115 School Level Administrator Appraisal Process

1.0 School Level Administrator Appraisal Process Effective August 1, 1990

1.1 Within a two (2) year appraisal cycle, the appraisal system includes a minimum of three (3) formative conferences/reports and a summative appraisal and conference. However, a district can opt to shorten the length of the appraisal cycle to one (1) year provided the summative appraisal is supported by a minimum of one (1) formative conference and report.

1.2 The formative phase of the appraisal system shall consist of a precycle conference, data collection and formative conferences/reports.

1.3 The following eight (8) categories of criteria shall be the basis upon which, as a minimum, the performance of school level administrators is appraised.

1.3.1 Mission and Objectives, the administrator’s role in establishing the direction for the school.

1.3.2 Instructional School Program, the development, implementation and evaluation of programs.

1.3.3 Student Performance and Behavior, the administrator’s role in setting and promoting positive expectations for student achievement and behavior.

1.3.4 Supervision, the administrator’s role in monitoring, assessment, and helping to improve the performance of staff assigned to his/her school.

1.3.5 Building Management, the administrator’s assigned managerial role.

1.3.6 Problem Solving and Decision Making, the administrator’s ability to reach, communicate and implement logical conclusions and quality decisions.

1.3.7 Interpersonal Relations, the administrator’s ability to recognize and deal with the needs, concerns and problems of others.

1.3.8 School and Community Relations, the administrator’s role in creating positive relationships among the school, students, parents, and community.

1.4 The summative phase of the appraisal system shall be the evaluation component and will complete the appraisal cycle. The ratings for the summative phase shall be as follows:

1.4.1 Exemplary: Performance in a category indicates that the school level administrator could serve as a model for other school level administrators.

1.4.2 Effective: Performance in a category consistently meets district expectations.

1.4.3 Needs Improvement: Performance in a category is not consistently effective.

1.4.4 Unsatisfactory: Performance in a category is not effective and jeopardizes continued employment.

1.5 An Individual Improvement Plan shall be developed when a school level administrator’s performance in any category has been appraised as Needs Improvement or Unsatisfactory on a Summative Appraisal.

1.6 Appraisers and school level administrators shall sign all appraisal instruments indicating that the documents have been reviewed and discussed.

2.0 Written Plan Describing the Appraisal System

Each school district shall have a written plan describing its appraisal system for school-level administrators. The district plan may include a statement of assurance adopting the state system, or a district defined appraisal system.

2.1 School districts adopting the state system shall follow the procedures and use forms developed by the Department of Education for appraising administrator performance.

2.2 School districts electing to use an alternative administrative appraisal system shall include the following information:

2.2.1 Length of the appraisal cycle.

2.2.2 The number of formative conferences and reports that will be conducted.

2.2.3 Method of data collection for the formative phase.

2.2.4 How the criteria (1) Mission/Objectives, (2) Instructional/School Programs, (3) Student Performance and Behavior, (4) Supervision, (5) Building Management, (6) Problem Solving and Decision Making, (7) Interpersonal Relations, and (8) School and Community Relations will be addressed.

2.2.5 The performance ratings and definitions that will be used.

2.2.6 The process for promoting growth and improvement.

2.2.7 Copies of district policies, regulations, forms, and procedures relating to the alternative appraisal process.

2.3 The plan shall be submitted to the Department of Education for review and approval prior to September 1, 1990. Any changes or revisions to the approved district plan shall be submitted to the Department of Education for approval prior to implementation.

7 DE Reg. 1180 (3/1/04)

11 DE Reg. 1542 (06/01/08) (Prop.)