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Education Laws and Regulations

Final Regulations On Evaluation Of Educators

These regulations replace the current Regulations on Evaluation of Teachers and Administrators and accompanying Principles of Effective Teaching and Principles of Effective Administrative Leadership, as adopted in 1995.

603 CMR 35.00
Evaluation of Educators

Section:
35.02:
35.03:
35.04:
35.05:
35.06:
35.07:
35.08:
35.09:
35.10:
35.11:
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35.06: Evaluation Cycle

(1) School committees shall adopt either the Model System designed and regularly updated by the Department, or a locally developed system that is consistent with these principles. The evaluation system shall include the evaluation cycle set forth in 603 CMR 35.06.

(2) The evaluation cycle shall include self-assessment addressing Performance Standards established through collective bargaining or included in individual employment contracts.

(a)
Each educator shall be responsible for gathering and providing to the evaluator information on the educator's performance, which shall include:
  1. an analysis of evidence of student learning, growth, and achievement for students under the educator's responsibility;
  2. an assessment of practice against Performance Standards; and
  3. proposed goals to pursue to improve practice and student learning, growth, and achievement.
(b)
The educator shall provide such information, in the form of self-assessment, in a timely manner to the evaluator at the point of goal setting and plan development.
(c)
The evaluator shall consider the information provided by the educator and all other relevant information.

(3) The evaluation cycle shall include goal setting and development of an Educator Plan.

(a)
Evaluators shall use evidence of educator performance and impact on student learning, growth, and achievement in goal setting with the educator based on the educator's self-assessment and other sources that the evaluator shares with the educator.
(b)
Evaluators and educators shall consider creating goals for teams, departments, or groups of educators who share responsibility for student results.
(c)
The evaluator retains final authority over goals to be included in an educator's plan.
(d)
Educator Plans shall be designed to provide educators with feedback for improvement, professional growth, and leadership; and to ensure educator effectiveness and overall system accountability.
(e)
An educator shall be placed on an Educator Plan based on his or her overall rating and his or her impact on student learning, growth and achievement, provided that educators who have not yet earned Professional Teacher Status and any other employee at will shall be placed on an Educator Plan solely at the discretion of the district.
  1. The Developing Educator Plan is for all administrators in their first three years with the district, teachers without Professional Teacher Status, and, at the discretion of the evaluator, educators in new assignments.
  2. The Self-directed Growth Plan is for all experienced educators rated Exemplary or Proficient. For educators whose impact on student learning is either moderate or high, the Educator Plan may be for up to two years. For educators whose impact on student learning is low, the Educator Plan shall be for one year and shall include one or more goals related to student learning developed on the basis of an analysis of the educator's professional practice.
  3. Directed Growth Plan for all experienced educators rated Needs Improvement.
  4. Improvement Plan for all experienced educators rated Unsatisfactory.
(f)
All Educator Plans shall meet the following requirements:
  1. Include a minimum of one goal to improve the educator's professional practice tied to one or more Performance Standards.
  2. Include a minimum of one goal to improve the learning, growth and achievement of the students under the educator's responsibility.
  3. Outline actions the educator must take to attain these goals, including but not limited to specified professional development activities, self-study, and coursework, as well as other supports that may be suggested by the evaluator or provided by the school or district.
  4. Be aligned to statewide Standards and Indicators in 603 CMR 35.00 and local Performance Standards.
  5. Be consistent with district and school goals.

(4) The evaluation cycle shall include implementation of the Educator Plan. It is the educator's responsibility to attain the goals in the plan and to participate in any trainings and professional development provided through the state, district, or other providers in accordance with the Educator Plan.

(5) The evaluation cycle shall include a formative assessment or a formative evaluation.

(a)
The formative assessment may be ongoing throughout the evaluation cycle, but typically takes place at mid-cycle.
(b)
For an experienced educator rated proficient or higher and whose impact on student learning is moderate or high, a formative evaluation takes place at the end of the first year of the two-year cycle. The educator's rating for that year 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.
(c)
The educator shall have the opportunity to respond in writing to the formative assessment or evaluation.
(d)
If an educator receives a formative assessment or formative evaluation that differs from the summative rating the educator had received at the beginning of the evaluation cycle, the evaluator may place the educator on a different educator plan, appropriate to the new rating.

(6) The evaluation cycle shall include a summative evaluation, in which the evaluator determines an overall rating of educator performance based on the evaluator's professional judgment and an examination of evidence that demonstrates the educator's performance against Performance Standards and evidence of the attainment of the Educator Plan goals. The educator shall have the opportunity to respond in writing to the summative evaluation.

(7) Evidence of the experienced educator's impact on the learning, growth, and achievement of the students under the educator's responsibility, together with the summative evaluation rating, shall be used as follows:

(a)
For any experienced educator who receives an evaluation rating of Exemplary or Proficient, the district shall take the following actions:
  1. For the educator whose impact on student learning is either moderate or high, the evaluator shall place the educator on a Self-directed Growth Plan.
    1. The educator shall receive a summative evaluation at least every two years.
    2. The educator may receive a formative evaluation at the end of the first year of the Educator Plan.
    3. The educator may be eligible for additional roles, responsibilities and compensation, as determined by the district and through collective bargaining, where applicable.

  2. For the educator whose impact on student learning is low, the evaluator shall place the educator on a Self-directed Growth Plan.
    1. The educator and evaluator shall analyze the discrepancy in practice and student performance measures and seek to determine the cause(s) of such discrepancy.
    2. The plan shall be for one school year in duration.
    3. The plan may include a goal related to examining elements of practice that may be contributing to low impact.
    4. The educator shall receive a summative evaluation at the end of the period determined in the plan, but at least annually.

(b)
For any experienced educator who receives an evaluation rating of Needs Improvement, the district shall place the educator on a Directed Growth Plan.
  1. The educator shall receive a summative evaluation at the end of the period determined in the Plan.
  2. The educator must either earn at least a proficient rating in the summative evaluation, or shall be rated Unsatisfactory, and shall be placed on an improvement plan.
(c)
For any experienced educator who receives an evaluation rating of Unsatisfactory, the district shall place the educator on an Improvement Plan. The educator shall receive a summative evaluation at the end of the period determined by the evaluator for the Plan.

(8) A teacher without professional teacher status, an administrator in the first three years in a position in a district, or an educator in a new assignment, may be placed on a Developing Educator Plan. The educator shall be evaluated at least annually. The existence of a plan shall not abridge the authority of a school or district to dismiss or non-renew an educator consistent with applicable law.

(9) Nothing in these regulations shall abridge the authority of a school or district to dismiss or non-renew an educator consistent with applicable law, including G.L. c. 71, §§ 41 and 42.

Regulatory Authority:
603 CMR 35.00: M.G.L. c.69, §1B; c.71, §38



Last Updated: December 19, 2013
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