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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMay 2017


Regulatory Flexibility Act Form

Authenticated PDF Version

14 DE Admin. Code 108A
A. Type of Regulatory Action Required
B. Synopsis of Subject Matter of the Regulation
The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 108A Administrator Appraisal Process Delaware Performance Appraisal System (DPAS II) Revised. This regulation is being amended to align with changes made during the second session of the 148th General Assembly by House Bill 399 as amended by House Amendment 1 and Senate Amendments 1 and 2, and by Senate Bill 199, as well as other process changes identified through implementation. These amendments include: 1) providing for equal weighting of the DPAS II components; 2) eliminating a required annual assessment; and 3) adding language related to new provisional license.
1.1 This regulation shall be effective for all school districts and charter schools beginning with the 2015-16 2017-2018 school year, unless another administrator appraisal system has been approved by the Department pursuant to Chapter 12 of Title 14 of the Delaware Code.
The following definitions shall apply for purposes of this regulation: In this regulation, the following words and terms shall have the following meaning unless the context clearly indicates otherwise:
"Annual Appraisal Cycle" means the administrator appraisal process that occurs each year.
"Board" means the local board of education or charter school board of directors.
"Credentialed Evaluator" means the individual, usually not always the supervisor of the administrator, who has successfully completed the foundational DPAS II training and credentialing assessment in accordance with Section 10.0. A superintendent or head of charter school shall be evaluated by members of the Board who shall also have successfully completed the DPAS II foundational training and credentialing assessment in accordance with Section 10.0. The Credentialed Evaluator may also be referred to as "Evaluator".
"DASA" means the Delaware Association of School Administrators.
"Department" means the Delaware Department of Education.
"DPAS II Revised Guides for Administrators" means the manuals that contains the prescribed forms, detailed procedures, evaluation criteria and other relevant documents that are used to implement the appraisal process. The Department shall create up to four (4) manuals differentiated by administrator role. The DPAS II Revised Guides for Administrators may also be referred to collectively as "Guides" or individually as "Guide."
"DSBA" means the Delaware School Boards Association.
"Goal-Setting Conference" means a meeting that occurs between the administrator and the Credentialed Evaluator at the beginning of the Annual Appraisal Cycle, which typically is in the summer or fall. The meeting shall include but not be limited to establishing goals for the year and discussing areas of support, as described in the DPAS II Revised Guides for Administrators.
"Improvement Plan" means the plan that an administrator and evaluator mutually develop in accordance with Section 8.0.
"Mid-Year Conference" means a meeting that occurs between the administrator and the Credentialed Evaluator as part of the Annual Appraisal Cycle, which typically occurs midway through the school year. The meeting shall include but not be limited to discussion of progress toward goals and areas of support, as described in the DPAS II Revised Guides for Administrators.
"Satisfactory Evaluation" shall be equivalent to the overall "Highly Effective" or "Effective" rating on the Summative Evaluation.
"Student Achievement" means:
(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 administrator’s 2014-15 performance appraisal. This may be extended by the Department for the 2015-2016 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" or “Evaluation means the final evaluation at the conclusion of the Annual Appraisal Cycle.
"Unsatisfactory Evaluation" shall be the equivalent to the overall "Needs Improvement" or "Ineffective" rating on the Summative Evaluation.
"Working Day" means a day when the employee would normally be working in that district or charter school.
All administrators shall receive a yearly appraisal in all five (5) Appraisal Components, including Student Improvement, that includes a minimum of one (1) Goal Setting Conference, one (1) Mid-Year Conference and one (1) Summative Evaluation each year. The Annual Appraisal Cycle shall be led by the administrator's Credentialed Evaluator and may include other supports and opportunities for feedback from his or her Credentialed Evaluator or other Credentialed Evaluators, as outlined in the DPAS II Revised Guides for Administrators.
4.1.1.1 Specific details about each of the five (5) Appraisal Components pursuant to subsection 5.1, including the Appraisal Criteria within each Component that form the basis for ratings.
6.1 Each of the first four (4) five (5) Appraisal Components shall be assigned a rating of Highly Effective, Effective, Needs Improvement or Ineffective on the Summative Evaluation. The rating for the Student Improvement Component shall be assigned a rating of Exceeds, Satisfactory or Unsatisfactory on the Summative Evaluation. The rating for each of the five (5) Appraisal Components shall reflect the standards as described in the DPAS II Revised Guides for Administrators.
6.1.1 Ratings for each of the first four (4) Appraisal Components shall be informed by Criteria-level ratings, as described in the DPAS II Revised Guides for Administrators. Each Appraisal Criterion shall be assigned a rating of Highly Effective, Effective, Needs Improvement or Ineffective on the Summative Evaluation. Each Component rating shall be equal to an assigned point value. A “Highly Effective” Component rating shall earn four (4) points, an “Effective” Component rating shall earn three (3) points, a “Needs Improvement” Component rating shall earn two (2) points, and an “Ineffective” Component rating shall earn one (1) point. No partial points shall be awarded.
6.2.1 "Highly Effective" means that the administrator has earned an Effective or Highly Effective rating in the first four (4) Appraisal Components and an Exceeds rating in the Student Improvement Component a sum of 19 or 20 Component rating points.
6.2.2 "Effective" means that the administrator 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 a sum of 14 to 18 Component rating points.
6.2.3 "Needs Improvement" means that: the administrator has earned a sum of 9 to 13 Component rating points.
6.2.3.1 The administrator has earned Effective or Highly Effective ratings in one (1) or two (2) of the first four (4) Appraisal Components with zero (0), one (1) or two (2) Ineffective ratings and a Satisfactory or Exceeds rating in the Student Improvement Component; or
6.2.3.2 The administrator has earned Effective or Highly Effective ratings in three (3) or four (4) of the first four (4) Appraisal Components and an Unsatisfactory rating in the Student Improvement Component; or
6.2.4 "Ineffective" means that: the administrator has earned a sum of 5 to 8 Component rating points.
6.2.4.1 The administrator has earned Effective or Highly Effective ratings in zero (0), one (1), or two (2) of the first four (4) Appraisal Components and an Unsatisfactory rating in the Student Improvement Component; or
9.1 An administrator may challenge any rating on the Summative Evaluation, either an Appraisal Component Rating or the Overall Rating, or an administrator may challenge unsatisfactory performance identified by his or her Credentialed Evaluator during the Annual Appraisal Cycle, pursuant to subsection 8.1.1. To initiate a challenge, an administrator shall submit additional information specific to the point of disagreement in writing within fifteen (15) working days of the date of administrator'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, if any.
The Department of Education shall conduct an annual a biennial evaluation of the administrator appraisal process. The evaluation shall, at a minimum, include a survey of administrators and interviews with a sampling of administrators. 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 a biennial basis.
Last Updated: December 31 1969 19:00:00.
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