What are the reporting requirements with respect to the regulations?
of the regulations specifies that "Districts shall provide the Department with individual educator evaluation data for each educator in the district in a form and manner prescribed by the Commissioner, including, but not limited to: a) the educator's performance rating on each standard and overall; b) the educator's professional Teacher status; c) the educator's impact on student learning, growth and achievement (low, moderate, high)."
For more information on educator evaluation rating data reporting, please refer to the Quick Reference Guide on Data Collection
Will ESE require submission of formative as well as summative ratings?
Ratings on formative assessments (the midpoint of a plan of one-year or less in duration) are not reported, but ratings on formative evaluations are reported. Under the regulations, only experienced educators who are on two-year Self-Directed Growth Plans receive formative evaluations. These are completed at the end of the first year of their two-year plan. Per the regulations, formative evaluation ratings "…shall be assumed to be the same as the previous summative rating unless evidence demonstrates a significant change in performance in which case the rating on Performance Standards may change." 603 CMR 35.06(5)(b)
What will ESE require districts to report with regard to individual educators' Student Impact Ratings and when?
Districts will report a rating of Low, Moderate, or High Impact for individual educators, based on at least two years of data and at least two measures in each year. ESE will begin collecting Impact Ratings following the 2015-2016 school year. ESE does not intend to collect individual educator information on which measures were used to determine an Impact Rating or student data from those measures.
What educator evaluation data is made public?
ESE publicly reports aggregate data that do not identify individual educators. These data include Performance Ratings in aggregate at the state, district, and school levels and will include Student Impact Ratings when available, beginning with data from the 2015-2016 school year. These data are further disaggregated by educator subgroups: administrators; principals (a subset of administrators); non-administrators; teachers (a subset of non-administrators); teachers with professional teacher status or "PTS" (a subset of teachers); and non-PTS teachers (a subset of teachers). Each of these educator subgroups is defined by specific EPIMS job codes.
Public reports can be found on the Profiles webpage
. Further details about data reporting and the educator subgroups are available on this page in the document titled, "More information about the data."
How is the confidentiality of individual educator evaluation data protected?
Per state regulation, "Any data or information that school districts or the Department or both create, send, or receive in connection with educator evaluation that is evaluative in nature and may be linked to an individual educator, including information concerning an educator's formative assessment or evaluation or summative evaluation or performance rating or the student learning, growth, and achievement data that may be used as part of an individual educator's evaluation, shall be considered personnel information within the meaning of M.G.L. c. 4, § 7(26)(c) and shall not be subject to disclosure under the public records law." (From 603 CMR 35.11(6)
) This is also protected under state legislation (see Section 2 of "An Act Providing for the Implementation of Education Evaluation Systems in School Districts
ESE has also taken additional precautions to ensure that individual educator ratings cannot be identified by applying rigorous "suppression rules" to the public release of the data. Where cells are blank on the performance rating data for a district, school, or educator subgroup on the Profiles website
, this indicates that ESE has suppressed data for at least one of three reasons: 1) the number of staff evaluated was fewer than six; 2) all staff evaluated in a group received the same rating, and/or 3) all educators were evaluated and a single educator had a rating different from all other educators in the group.
Information related to the evaluation of a superintendent, however, is an exception. The Open Meeting Law carves out an exception from the Public Records Law for "materials used in a performance evaluation of an individual bearing on his professional competence," that were created by members of a public body and used during a meeting. See G.L. c. 30A, s.22(e). Individual evaluations created and used by members of a public body for the purpose of evaluating an employee are public records. For more information please see appendix J of the Implementation Guide for Superintendent Evaluation
Do the regulations protect the confidentiality of information collected for the purpose of educator evaluation beyond the data reported to ESE?
Yes, for all educators other than the superintendent, the regulations guarantee that any information concerning an educator's formative assessment, formative evaluation or summative evaluation is considered personnel information and is not subject to disclosure under public records law.