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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2016

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Regulatory Flexibility Act Form

Authenticated PDF Version

14 DE Admin. Code 106A
A. Type of Regulatory Action Required
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. The regulation is being amended to clarify policy and procedures for credentialing and re-credentialing of those who utilize the statewide teacher evaluation system. The regulation is also being amended to reduce the number of surveys educators receive for the evaluation of the teacher appraisal system by setting the requirement to biennial instead of annual.
"Announced Observation" means an observation form and conference with the Credentialed Observer, an observation by the Credentialed Observer at an agreed upon date and time, using the associated formative conferences and reports. 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 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 reading and/or mathematics to a student enrolled in any grade three (3) through ten (10) as verified by the State's pupil accounting system.
"Improvement Plan" means the plan that a teacher and Evaluator mutually develop in accordance with 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 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,
(c) For the 2014-15 school year only, student scores on the Smarter English Language Arts and Smarter Mathematics statewide assessments shall not be incorporated into any teacher’s 2014-15 performance appraisal. This may be extended by the Department for the 2015-16 school year.
"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" 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.
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 (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:
6.2.1 "Highly Effective" shall mean that the teacher has earned an "Effective" or "Highly Effective" rating in the first four (4) Appraisal Components and an "Exceeds" rating in the Student Improvement Component.
6.2.2 "Effective" shall mean that the teacher has earned an "Effective" or "Highly Effective" rating in at least three (3) of the first four (4) Appraisal Components with zero (0) "Ineffective" ratings and a "Satisfactory" or "Exceeds" rating in the Student Improvement Component.
6.2.3 "Needs Improvement" shall mean that:
6.2.4 "Ineffective" shall mean that:
The Department of Education shall conduct an annual a biennial evaluation of the teacher appraisal process. The evaluation shall, at a minimum, include a survey of teachers and Evaluators and interviews with a sampling of teachers and Evaluators. Data from the evaluation and proposed changes to DPAS II Revised shall be presented to the State Board of Education for review on an annual basis.
The Department of Education shall annually monitor implementation of DPAS II for teachers and specialists.
Last Updated: December 31 1969 19:00:00.
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