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Legislation - Staffing / Education Leadership

David Blount, Editor

Teacher Evaluation

Recent Virginia Legislation History

The Teacher Evaluation policy briefing notes that a new teacher evaluation system is emerging and in recent years, Virginia has proven to be at the forefront of that movement. With issues related to student/school performance and accountability largely shaping public education discussions and decision-making since the mid-1990s, a next logical step came with approval of measures to enhance educator preparation and evaluation.

In 1999, the General Assembly approved HB 2710 and SB 1145, known as the Education Accountability and Quality Enhancement Act of 1999, with bi-partisan support. The measures make student academic progress an important component of the evaluation systems. Key provisions of this law include the following:

  • Required annual evaluation of the division superintendent by the school board, in accordance with guidelines developed by the Board of Education (BOE), which include, among other things, standards and criteria for improving student academic progress and providing for school safety.

  • Leadership standards, developed by the BOE, for superintendent and principal training in evaluation and documentation of teacher and administrator performance, based on student academic progress and the skills/knowledge.

  • Criteria for administrator evaluation, to be based on student academic progress and school gains in student learning, as well as effectiveness in addressing school safety issues.

  • Procedures for instructional personnel evaluation appropriate to tasks performed, including student academic progress and skills/knowledge.

  • Annual evaluations of probationary teachers.

In conjunction with these major changes, the legislature also approved HB 1725, which states the General Assembly’s finding that “appropriate teacher performance evaluations are essential for effective educational leadership and personnel.”

In 2000, the legislature gave serious consideration to a trio of bills that would have established an alternative continuing contract employment process. Though the bills ultimately were defeated in the session’s final hours, they would have required teachers to apply to the school principal for continuing contract status. Local school boards would establish procedures for an application review process for making employment determinations, to include professional credentials, employment evaluations, classroom observations, lesson plans and examinations, and demonstrated mastery of the relevant Standards of Learning (SOL).

Prior to enactment of the Education Accountability and Quality Enhancement Act of 1999, the legislature had only tinkered around the edges in the evaluation area. In fact, most Code provisions dealt primarily with employment status issues, such as provisions relating to continuing contract for teachers and probationary teacher status, rather than local school division evaluation procedures and systems. In 1996, the General Assembly approved HB 327, which directed local school boards to adopt policies and practices to promote the employment and retention of the highest quality instructional personnel, and HB 325 which defined “incompetency” for purposes of teacher dismissal. Both bills, after having failed in several previous attempts, helped pushed open the door for ensuring that local school divisions performed evaluations of personnel and kept documented accounting of such performance reviews. That same year, HJ 168 established a Commission on Accountability for Educational Excellence and called for the development of a comprehensive plan for statewide teacher assessments; the panel lasted one year before its work was handed over to the HJ 196 Commission on the Future of Public Education. In 1998, HB 914, which required annual evaluations of probationary teachers, was vetoed by the governor.

 

Future Study Resolutions or Likely Legislative Activity

Given the important changes in the educator evaluation process made in 1999, additional, significant legislation in this area is not likely. Additional study or recommendations, if any, could come from the work of the Commission on Educational Accountability, which will meet throughout 2001 and is expected to conclude its work by year’s end.

 

Specific Virginia Bill Cites

1994 – HB 1035 (term contracts)

1995 – HB 2117 (annual contracts), HB 2118 (probationary terms of service), HB 2119 (competent teaching staff), HB 2121 (term contracts), HJ 629 (mentor teachers/plan)

1996 – HB 325, HB 327, HB 357 (term contracts), HB 358 (probationary terms of service), HJ 168

1997 – HB 1877 (discipline matters/evaluation deficiencies)

1998 – HB 914, SB 122 (alternative continuing contract process)

1999 – HB 1725, HB 2710, SB 1145

2000 – HB 1412/SB 232/SB 549 (alternative continuing contract process), SB 113 (local eligibility licenses), HJ 203 (study of peer review process), HJ 271/SJ 226 (study of teacher grievance procedure)

 

Other States Legislative Activity

A number of Virginia’s southern state peers have taken recent action in the educator evaluation area. In Delaware, a new Professional Standards Board was charged with developing (by the first of this year) a teacher evaluation system to include both an overall rating and a student improvement component rating. Teacher evaluations now are required annually. Louisiana has removed the requirement for DOE on-site monitoring of local evaluation of school personnel but allows it upon request of the state Board of Education, which also is authorized (rather than required) to establish teams to review local evaluation plans.

Georgia adopted provisions stating that teachers receiving two unsatisfactory evaluations in five years will not receive a renewable certificate until showing that their deficiencies have been addressed. Mississippi accountability legislation calls for state assistance teams to be sent to low-performing schools. Part of such a school’s improvement plan is a professional development plan for school staff members who need to improve. Principals and teachers in priority schools that do not improve after two years will be dismissed.

 

Related Federal Legislation

Federal provisions that somewhat address the teacher evaluation issue (and other teacher quality issues) are embodied in bills that reauthorize the Elementary and Secondary Education Act (ESEA). These measures are S.1 and H.R. 340, submitted to and being considered by the 107th Congress.

 

Sources, Cites, Links

http://www.sreb.org/main/LegAction/legactionindex.asp

http://thomas.loc.gov/

http://www.ed.gov/inits/nclb/part5.html

http://www.nsba.org/sbn/

 

Policy Issues

Click here for a policy issue briefing on “Teacher Evaluation.”

 

E-mail Response

Click cepi@vcu.edu to provide comments or additional information. Please indicate in an e-mail the copyright source and contact information for new inclusions.

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