STATE BOARD OF EDUCATION
ADMINISTRATIVE CODE
COMMENT/RESPONSE FORM
This comment and response form contains comments from the April 2, 2014, State Board meeting when the draft regulations were considered at First Discussion.
Topic: Educator Effectiveness Meeting Date: May 7, 2014
Code Citation: N.J.A.C. 6A:10 Level: Proposal Level
Division: Division of Teacher and Leader Completed by: Office of Evaluation
Effectiveness
Summary of Comments and Agency Responses:
The following is a summary of the comments received from State Board members and the Department’s responses. Each commenter is identified at the end of the comment by a letter that corresponds to the following list:
A. Joseph Fisicaro
Vice President, State Board of Education
B. Mark W. Biedron
Member, State Board of Education
C. Ron Butcher
Member, State Board of Education
D. Edithe Fulton
Member, State Board of Education
1. COMMENT: The commenters asked about the precise co-observation requirements, which are defined in N.J.A.C. 6A:10-1.2 and described in N.J.A.C. 6A:10-2.2(b)4. (A, B, C, D)
RESPONSE: Any supervisor who conducts teacher observations must complete two co-observations per year. A co-observation means two or more supervisors who are trained on the practice instrument who observe simultaneously, or at alternate times, the same lesson or portion of a lesson for the purpose of training.
2. COMMENT: The commenter asked the Department to explain the proposed change to the co-observation rule. (B)
RESPONSE: The Department proposes to delete N.J.A.C. 6A:10-2.2(b)4i, which states that at least one of the two required co-observations must be completed by December 1. If the change is adopted, both co-observations must be completed before the end of the school year. However, the Department recommends the trainings are completed toward the beginning of the school year to align his or her observations with colleagues who are observing in the same school or school district.
3. COMMENT: The commenter asked how school districts apply for a waiver for the required observations under N.J.A.C. 6A:10-4. (A)
RESPONSE: School districts may apply for a waiver through the process in N.J.A.C. 6A:5, Regulatory Equivalency and Waiver, by using the application on the State Board website at http://www.state.nj.us/education/sboe/ew/.
4. COMMENT: The commenter asked whether school districts can choose to conduct two 40-minute observations to meet the 80-minute observation requirement for nontenured teachers under TEACHNJ. (A)
RESPONSE: The Department cannot waive the requirement for three observations for nontenured teacher because the requirement is found at N.J.S.A. 18A:27-3.1. N.J.A.C. 6A:10-4 repeats the statutory requirement that all nontenured teachers must receive three observations each year and provides the minimum time requirements.
5. COMMENT: The commenter asked whether teachers may still file rebuttals to the observations. (D)
RESPONSE: Yes, under N.J.A.C. 6A:10-4.4(c)6, a teacher may file his or her written objection of the evaluation within 10 teaching staff member working days following the conference. The objection then must be attached to each party’s copy of the annual written performance report.
6. COMMENT: The commenter asked how many tests, including pre-tests, teachers must administer to receive a valid student growth objective (SGO) as described in N.J.A.C. 6A:10-4.2. (A)
RESPONSE: For teacher SGOs, there are no required tests or assessments. SGOs may be set and calculated based on a diversity of measures, including portfolios. Educators are encouraged to read more about best practices for SGO setting at: http://www.state.nj.us/education/AchieveNJ/teacher/objectives.shtml.
7. COMMENT: The commenter sought to clarify questions he received from the field regarding the SGO scoring process and whether the Department intends to make changes to the required percentage weights of SGOs for 2014-2015. (A)
RESPONSE: The Department will maintain the requirement that the SGO score for each teacher will be worth 15 percent of the teacher’s summative rating. The field was notified through a Department broadcast memo found at http://www.state.nj.us/education/AchieveNJ/resources/040814Update.pdf. Therefore, each teacher will receive an SGO rating from 1 to 4, which then will be multiplied by 15 percent and added to the other measures to determine the summative rating.
8. COMMENT: In response to the Department’s brief presentation about median Student Growth Percentiles (mSGP), the commenter asked why 5 percent of schools had not downloaded the 2012-2013 mSGP data. (A)
RESPONSE: The Department does not know why 5 percent of school districts have not yet taken advantage of the mSGP data provided. The data are meant to help
school districts and the Department examine the data quality, consider
related professional development opportunities, and prepare for the distribution of
the first official mSGP scores (for 2013-2014) next year when they will count
for 30 percent of qualifying teachers' evaluations. Please see http://www.state.nj.us/education/AchieveNJ/teacher/percentile/mSGPuserguide.pdf for background on the use of growth measures, a detailed explanation of the calculation of mSGP scores and how they convert to evaluation scores, and suggestions for sharing the data and using it to inform professional growth.
9. COMMENT: The commenter asked if a superintendent will be able to fix inaccuracies upon learning course roster data, which is used to calculate the mSGP, are incorrect. (A)
RESPONSE: The Department is reviewing possible approaches to addressing errors that may occur. Additionally, if an inaccuracy is identified, the incorrect information should not be included in the teacher’s personnel file or used to calculate the his or her mSGP. Also, school districts are strongly encouraged to use the 2012-2013 mSGP data as a districtwide learning opportunity to mitigate potential course roster mistakes.
10. COMMENT: The commenter requested the Department’s presentation to the State Board be sent to all principals. (A)
RESPONSE: The Department has already posted the presentation on the AchieveNJ website at: http://www.nj.gov/education/AchieveNJ/resources/ProposedEvalRegs.pdf and will continue providing updates about the proposed changes and additional resources directly to principals. Additionally, the Office of Evaluation regularly sends directly to principals updates and memos about AchieveNJ. School leaders are encouraged to review all broadcast memos and the updated information on the AchieveNJ website. They can contact the Office of Evaluation at 609-777-3788 or to request regular updates or to share questions or feedback.
11. COMMENT: The commenter expressed concern regarding some misunderstandings about AchieveNJ requirements, which he said he recently heard in the field. (A)
RESPONSE: The Department agrees that misunderstandings about AchieveNJ requirements are concerning and, therefore, takes every opportunity possible to inform the field and to engage directly with educators across the State. Implementation managers from the Office of Evaluation meet with educators in numerous school districts every week to provide support and to answer questions. Educators are encouraged to contact the Office of Evaluation directly for additional resources.
12. COMMENT: The commenter commended the Department’s outreach to the field and support to school districts throughout the first year of implementation of AchieveNJ. For State Board members to have informed conversations with teachers throughout the State and to continue the Department’s outreach efforts, the commenter asked for specific training on student growth objectives (SGOs) at an upcoming State Board meeting. (B)
RESPONSE: The Department thanks the commenter for the support and will provide specific training on SGOs at the June State Board meeting.
13. COMMENT: The commenter asked the Department to clarify for the board what mSGP abbreviates. (B)
RESPONSE: MSGP means the median Student Growth Percentile and is assigned to each teacher who teaches at least 20 students who have an SGP.
14. COMMENT: The commenter expressed concern about the quality of observations, as required in N.J.A.C. 6A:10-4.4, by an observer who has limited knowledge or experience in the content area being taught. (D)
RESPONSE: TEACHNJ requires the use of teacher practice instruments, or observation rubrics, for all observations. All Commissioner-approved instruments capture essential teaching skills, which are effective across all instructional subjects. While the Department also values the importance of subject-specific guidance or support for all teachers, there is a great deal of confidence in using the Commissioner-approved practice instruments.
15. COMMENT: The commenter asked whether legislators have contacted the Department regarding AchieveNJ implementation. (A)
RESPONSE: State legislators have not contacted the Department at anytime during the first year of implementation. Senator Teresa Ruiz attended the March AchieveNJ Advisory Committee (ANJAC) meeting and commended the members on their assistance and support to the Department as it takes a continuous approach to improve AchieveNJ.
16. COMMENT: The commenter commended the Department on the success of the evaluation system as demonstrated through pilot school districts. The commenter noted that true success can be determined through student achievement measures following one or two years of pilot evaluation systems. (C)
RESPONSE: The Department agrees that the pilot school districts have served as excellent bellwethers to the evaluation work. For example, the Department learned after the first year of implementation that the evaluation system runs more efficiently in the second year of implementation.
17. COMMENT: The commenter expressed support for a work session on SGOs and additional resources and information so the State Board can better address specific concerns and disseminate to the public accurate and helpful information. (C)
RESPONSE: The Department thanks the commenter and all of the members of the State Board for their support of and aid in the implementation of AchieveNJ. Also, the Office of Evaluation next month will begin its fourth round of SGO workshops throughout the State.
Agency-initiated Changes:
1. The Department proposes to maintain the definition of “annual summative evaluation rating” rather than change “annual summative evaluation rating” to “summative evaluation rating” as originally proposed at First Discussion because comments from the field pointed out that “annual summative evaluation rating” is the term used in the TEACHNJ Act. Accordingly, the definition at N.J.A.C. 6A:10-1.2 will not be moved.
2. The Department proposes at N.J.A.C. 6A:10-1.2 to correct the definition of “student growth objective” by replacing “is” with “means” to align with all other definitions in the section. Accordingly, the definition will be amended in the following manner:
"Student growth objective" [[is]] means an academic goal that teachers and evaluators set for groups of students.
3. The Department proposes in the definition of “supervisor” at N.J.A.C. 6A:10-1.2 to correct the citation to the definitions of the administrator endorsements because the section describes, not defines, endorsements and to move “or superintendent” because N.J.S.A. 18A:1-1 does not define superintendent. The Department proposes the following corrections:
"Supervisor" means an appropriately certified teaching staff member [[or superintendent]], as defined in N.J.S.A. 18A:1-1, or superintendent employed in the school district in a supervisory role and capacity, and possessing a school administrator, principal, or supervisor endorsement as [[defined]] described in N.J.A.C. 6A:9-[[1.1]]12.
4. The Department proposes the use “designated supervisor” to indicate when a supervisor is specifically designated to serve as the teaching staff member’s supervisor. In the field, the designated supervisor is typically assigned at the beginning of the year by the superintendent or principal. Based on the proposed definition of “designated supervisor” in N.J.A.C. 6A:10-1.2, the Department proposes to amend the following sections to clarify when a “designated supervisor” versus any supervisor is required within the evaluation process. Accordingly, the following sections are amended to align with the proposed definition of “designated supervisor”:
N.J.A.C. 6A:10-1.2
"Annual performance report" means a written appraisal of the teaching staff member's performance prepared by [a] the teaching staff member’s designated supervisor based on the evaluation rubric for his or her position.
N.J.A.C. 6A:10-2.4(b)
(b) Evaluation policies and procedures requiring the annual evaluation of all teaching staff members shall be developed under the direction of the chief school administrator, who may consult with the District Advisory Evaluation Committee or representatives from School Improvement Panels, and shall include, but not be limited to, a description of:
[1. Evaluation rubrics for all teaching staff members;]
[2.] 1. Roles and responsibilities for implementation of evaluation policies and procedures;
[3.] 2. Job descriptions, [and] evaluation [criteria based upon school district goals, student achievement, instructional priorities] rubrics for all teaching staff members, the process for calculating the summative ratings and each component, and the evaluation regulations set forth in this chapter;
[4.] 3. Methods of data collection and reporting appropriate to each job description, including, but not limited to, the process[es] for student attribution to teachers, principals, assistant principals, and vice principals for calculating the median student growth percentile;
4. Processes for observations for the purpose of evaluation and post-observation conference(s) by [[the teaching staff member's designated]] a supervisor[, or his or her designee];
5. The process for preparation of individual professional development plans; and
6. The process for preparation of an annual written performance report by the teaching staff member's designated supervisor[[, or his or her designee,]] and an annual summary conference between the teaching staff member and his or her designated supervisor[[, or the supervisor's designee.]]
N.J.A.C. 6A:10-2.4(c)
(c) The annual summary conference between designated supervisors and teaching staff members shall be held before the written performance report is filed. The conference shall occur on or before June 30 of each year and shall include, but not be limited to, a review of the following:
1. The performance of the teaching staff member based upon the job description and[, when applicable,] the scores or evidence compiled using the teaching staff member's evaluation rubric, including, when applicable, the educator's practice instrument;
2. The progress of the teaching staff member toward meeting the [objectives] goals of the individual professional development plan or, when applicable, the corrective action plan;
3. Available indicators or scores of student achievement or growth, when applicable, such as student growth objective scores and student growth percentile scores; and
4. The preliminary annual written performance report.
N.J.A.C. 6A:10-2.4(e)
(e) The annual written performance report shall be prepared by the [teaching staff members] [[who participated in the evaluation of the teaching staff member. In the case of a teacher, the]] designated supervisor. The annual written performance report shall [be prepared by the teacher's principal, or his or her designee, and shall] include, but not be limited to: