§ 10-151b — Teacher evaluations. Teacher evaluation and support program; development; adoption; implementation; guidelines.

Connecticut § 10-151b

• Jurisdiction: Connecticut
• Title 10: Education and Culture
• Ch. 166: Teachers and Superintendents

Text

(a) The superintendent of each local or regional board of education shall annually evaluate or cause to be evaluated each teacher, and for the school year commencing July 1, 2013, and each school year thereafter, such annual evaluations shall be the teacher evaluation and support program adopted pursuant to subsection (b) of this section. The superintendent may conduct additional formative evaluations toward producing an annual summative evaluation. An evaluation pursuant to this subsection shall include, but need not be limited to, strengths, areas needing improvement, strategies for improvement and multiple indicators of student academic growth. Claims of failure to follow the established procedures of such teacher evaluation and support program shall be subject to the grievance procedure in collective bargaining agreements negotiated subsequent to July 1, 2004. In the event that a teacher does not receive a summative evaluation during the school year, such teacher shall be recorded as not evaluated. The superintendent shall report (1) the status of teacher evaluations to the local or regional board of education on or before June first of each year, and (2) the status of the implementation of the teacher evaluation and support program, including the frequency of evaluations, the number of teachers who have not been evaluated and other requirements as determined by the Department of Education, to the Commissioner of Education on or before September fifteenth of each year. For purposes of this section, the term “teacher” shall include each professional employee of a board of education, below the rank of superintendent, who holds a certificate or permit issued by the State Board of Education. (b) (1) Except as provided in subdivision (1) of subsection (d) of this section, not later than September 1, 2013, and until June 30, 2024, each local and regional board of education shall adopt and implement a teacher evaluation and support program that is consistent with the guidelines for a model teacher evaluation and support program adopted by the State Board of Education, pursuant to subparagraph (A) of subdivision (1) of subsection (c) of this section. Such teacher evaluation and support program shall be developed through mutual agreement between the local or regional board of education and the professional development and evaluation committee for the school district, established pursuant to subsection (b) of section 10-220a . If a local or regional board of education is unable to develop a teacher evaluation and support program through mutual agreement with such professional development and evaluation committee, then such board of education and such professional development and evaluation committee shall consider the model teacher evaluation and support program adopted by the State Board of Education, pursuant to subparagraph (B) of subdivision (2) of subsection (c) of this section, and such board of education may adopt, through mutual agreement with such professional development and evaluation committee, such model teacher evaluation and support program. If a local or regional board of education and the professional development and evaluation committee are unable to mutually agree on the adoption of such model teacher evaluation and support program, then such board of education shall adopt and implement a teacher evaluation and support program developed by such board of education, provided such teacher evaluation and support program is consistent with the guidelines adopted by the State Board of Education, pursuant to subparagraph (A) of subdivision (1) of subsection (c) of this section. Each local and regional board of education may commence implementation of the teacher evaluation and support program adopted pursuant to this subsection in accordance with a teacher evaluation and support program implementation plan adopted pursuant to subsection (d) of this section. (2) Except as provided in subdivision (2) of subsection (d) of this section, for the school year commencing July 1, 2024, and each school year thereafter, each local and regional board of education shall adopt and implement a teacher evaluation and support program that is consistent with the guidelines for a teacher evaluation and support program adopted by the State Board of Education, pursuant to subparagraph (B) of subdivision (1) of subsection (c) of this section. Such teacher evaluation and support program shall be developed through mutual agreement between the local or regional board of education and the professional development and evaluation committee for the school district, established pursuant to subsection (b) of section 10-220a . If a local or regional board of education is unable to develop a teacher evaluation and support program through mutual agreement with such professional development and evaluation committee, then such board of education and such professional development and evaluation committee shall consider the model teacher evaluation and support program adopted by the State Board of Education, pursuant to subparagraph (B) of subdivision (2) of subsection (c) of this section, and such board of education may adopt, through mutual agreement with such professional development and evaluation committee, such model teacher evaluation and support program. If a local or regional board of education and the professional development and evaluation committee are unable to mutually agree on the adoption of such model teacher evaluation and support program, then such board of education shall adopt and implement a teacher evaluation and support program developed by such board of education, provided such teacher evaluation and support program is consistent with the guidelines adopted by the State Board of Education, pursuant to subparagraph (B) of subdivision (1) of subsection (c) of this section. (c) (1) (A) On or before July 1, 2012, the State Board of Education shall adopt, in consultation with the Performance Evaluation Advisory Council established pursuant to section 10-151d , guidelines for a model teacher evaluation and support program. Such guidelines shall include, but not be limited to, (i) the use of four performance evaluations designators: Exemplary, proficient, developing and below standard; (ii) the use of multiple indicators of student academic growth and development in teacher evaluations; (iii) methods for assessing student academic growth and development; (iv) a consideration of control factors tracked by the state-wide public school information system, pursuant to subsection (c) of section 10-10a , that may influence teacher performance ratings, including, but not limited to, student characteristics, student attendance and student mobility; (v) minimum requirements for teacher evaluation instruments and procedures, including scoring systems to determine exemplary, proficient, developing and below standard ratings; (vi) the development and implementation of periodic training programs regarding the teacher evaluation and support program to be offered by the local or regional board of education or regional educational service center for the school district to teachers who are employed by such local or regional board of education and whose performance is being evaluated and to administrators who are employed by such local or regional board of education and who are conducting performance evaluations; (vii) the provision of professional development services based on the individual or group of individuals' needs that are identified through the evaluation process; (viii) the creation of individual teacher improvement and remediation plans for teachers whose performance is developing or below standard, designed in consultation with such teacher and his or her exclusive bargaining representative for certified teachers chosen pursuant to section 10-153b , and that (I) identify resources, support and other strategies to be provided by the local or regional board of education to address documented deficiencies, (II) indicate a timeline for implementing such resources, support, and other strategies, in the course of the same school year as the plan is issued, and (III) include indicators of success including a summative rating of proficient or better immediately at the conclusion of the improvement and remediation plan; (ix) opportunities for career development and professional growth; and (x) a validation procedure to audit evaluation ratings of exemplary or below standard by the department or a third-party entity approved by the department. (B) On or before July 1, 2024, the State Board of Education shall adopt, in consultation with the Performance Evaluation Advisory Council established pursuant to section 10-151d , guidelines for a teacher evaluation and support program. Such guidelines shall include, but not be limited to, (i) the use of multiple indicators of student learning, growth and achievement in teacher evaluations; (ii) methods for assessing student learning, growth and achievement; (iii) a consideration of control factors tracked by the state-wide public school information system, pursuant to subsection (c) of section 10-10a , that may influence teacher performance, including, but not limited to, student characteristics, student attendance and student mobility; (iv) minimum requirements for teacher evaluation instruments and procedures, including an annual summary of teacher growth provided by the evaluator; (v) the development and implementation of periodic training programs regarding the teacher evaluation and support program to be offered by the local or regional board of education or regional educational service center for the school district to teachers who are employed by such local or regional board of education and whose performance is being evaluated and to administrators who are employed by such local or regional board of education and who are conducting performance evaluations; (vi) the provision of professional development services based on the individual or group of individuals' needs that are identified through the evaluation process; (vii) the creation of individual teacher improvement and remediation plans for teachers who require additional support, designed in consultation with such teacher and his or her exclusive bargaining representative for certified teachers chosen pursuant to section 10-153b , and that (I) identify resources, support and other strategies to be provided by the local or regional board of education to address documented deficiencies, (II) indicate a timeline for implementing such resources, support, and other strategies, in the course of the same school year as the plan is issued, and (III) include indicators of success immediately at the conclusion of the improvement and remediation plan; (viii) opportunities for career development and professional growth; and (ix) a validation procedure to audit remediation plans by the department or a third-party entity approved by the department. (2) (A) The State Board of Education may revise, as necessary, the guidelines for a teacher evaluation and support program and the model teacher evaluation and support program adopted under subparagraph (B) of this subdivision. (B) The State Board of Education shall adopt a model teacher evaluation and support program that may be used by local and regional boards of education. Such model teacher evaluation and support program shall be consistent with the guidelines described in subdivision (1) of this subsection. (d) (1) A local or regional board of education may phase in full implementation of the teacher evaluation and support program adopted pursuant to subsection (b) of this section during the school years commencing July 1, 2013, and July 1, 2014, pursuant to a teacher evaluation and support program implementation plan adopted by the State Board of Education, in consultation with the Performance Evaluation Advisory Council, not later than July 1, 2013. The Commissioner of Education may waive the provisions of subdivision (1) of subsection (b) of this section and the implementation plan provisions of this subsection for any local or regional board of education that has expressed an intent, not later than July 1, 2013, to adopt a teacher evaluation program for which such board requests a waiver in accordance with this subsection. (2) The Commissioner of Education may waive the provisions of subdivision (2) of subsection (b) of this section for any local or regional board of education that has expressed an intent, not later than July 1, 2024, to adopt a teacher evaluation program for which such board requests a waiver in accordance with this subsection. See Sec. 4d-85 re state-wide standard for teacher and administrator competency in use of technology for instructional purposes. See Sec. 10-222e re evaluation and termination of athletic coaches.

Legislative History

(P.A. 74-278, S. 1, 2, 5; P.A. 77-27, S. 3; P.A. 78-218, S. 101; P.A. 82-74, S. 1, 2; P.A. 87-2, S. 12, 21; P.A. 89-26, S. 1, 4; P.A. 90-324, S. 7, 13; P.A. 91-220, S. 3, 8; P.A. 93-353, S. 30, 52; P.A. 95-58, S. 3, 4; 95-182, S. 3, 11; P.A. 00-220, S. 8, 43; P.A. 04-137, S. 1; P.A. 10-111, S. 4; P.A. 11-135, S. 7, 9; P.A. 12-116, S. 51; June 12 Sp. Sess. P.A. 12-2, S. 23; P.A. 13-245, S. 1; June Sp. Sess. P.A. 15-5, S. 341; P.A. 23-159, S. 23.) History: P.A. 77-27 amended Subsec. (b) to make provisions generally applicable rather than specific to January 1, 1975, report; P.A. 78-218 substituted “local” for “town” and “board of education” for “school district”; P.A. 82-74 amended Subsec. (b) to require boards of education to file triennial rather than annual reports on teacher evaluation programs; P.A. 87-2 amended Subsec. (a) to require a review of the guidelines and in Subsec. (b) substituted the fifteenth of June, 1989, for January first of 1983 and provided for monitoring teacher evaluation programs by the department of education; P.A. 89-26 amended the definition of “teacher” in Subsec. (a) to include the word “professional” and deleted an obsolete provision re a review and revision of guidelines not later the May 15, 1987; P.A. 90-324 in Subsec. (b) deleted reference to the program submitted pursuant to repealed Sec. 10-155ee; P.A. 91-220 in Subsec. (b) changed “triennially” to every five years re reports on teacher evaluation programs; P.A. 93-353 amended Subsec. (b) to substitute requirement that the report be submitted in accordance with Sec. 10-220 instead of every five years, to specify that the programs be consistent with the plan developed in accordance with the provisions of Sec. 10-220a and made technical changes, effective July 1, 1993; P.A. 95-58 amended Subsec. (a) to specify areas to be included in evaluations, effective July 1, 1995; P.A. 95-182 amended Subsec. (b) to delete requirement that report on teacher evaluation program be used to monitor program implementation, effective June 28, 1995; P.A. 00-220 amended Subsec. (b) to make a technical change, effective July 1, 2000; P.A. 04-137 amended Subsec. (a) by adding provision re claims of failure to follow procedures of evaluation programs, effective May 21, 2004; P.A. 10-111 amended Subsec. (a) by adding “continuously evaluate or cause to be evaluated each teacher”, adding provision re guidelines pursuant to Subsec. (c) and adding provision re multiple indicators of student academic growth, amended Subsec. (b) by adding provision re guidelines pursuant to Subsec. (c) and added Subsec. (c) re adoption of guidelines for model teacher evaluation program, effective July 1, 2010; P.A. 11-135 amended Subsec. (a) by deleting “for the development of evaluation programs” and deleting “continuously evaluate or cause to be evaluated each teacher” and amended Subsec. (c) by replacing “2013” with “2012”, effective July 1, 2011; P.A. 12-116 amended Subsec. (a) by replacing “continuously” with “annually” re evaluations, adding provision re additional formative evaluations to produce an annual summative evaluation and adding provision re “not rated” designation, amended Subsec. (b) by designating existing language as Subdiv. (1) and replacing “established” with “adopted” in same and adding Subdiv. (2) re report by superintendent, amended Subsec. (c) by adding new Subdivs. (1) and (6) to (10) re guidelines for model teacher evaluation and support program, designating existing language re use of multiple indicators as Subdiv. (2), redesignating existing Subdivs. (1) to (3) as Subdivs. (3) to (5) and adding “and development” in redesignated Subdivs. (2) and (3), added Subsec. (d) re waiver of requirements for preexisting evaluation programs that are in substantial compliance with guidelines, added references to teacher evaluation and support program and made conforming changes, effective May 14, 2012; June 12 Sp. Sess. P.A. 12-2 amended Subsec. (b)(1) by adding “not later than September 1, 2013”, effective June 15, 2012; P.A. 13-245 amended Subsec. (a) by deleting provision re other guidelines as may be established by mutual agreement between boards of education and teachers' representatives, adding provision re annual evaluations shall be the teacher evaluation and support program, adding Subdiv. (1) designator in provision re superintendent report and adding Subdiv. (2) re status of teacher evaluation and support program implementation, amended Subsec. (b) by deleting Subdiv. (1) designator, replacing “develop” with “adopt”, deleting provision re plan developed in accordance with Sec. 10-220a(b), adding provisions re process for development, adoption and implementation of teacher evaluation and support program, and deleting former Subdiv. (2) re status of teacher evaluation implementation, amended Subsec. (c) by designating existing provisions as Subdiv. (1), redesignating existing Subdivs. (1) to (10) as Subparas. (A) to (J), deleting provision re validation of exemplary or below standard evaluation ratings in redesignated Subpara. (J), deleting provision re validation of guidelines by State Board of Education following pilot program completion and adding new Subdiv. (2) re review and revision of guidelines and model program by State Board of Education, amended Subsec. (d) by adding provision re teacher evaluation and support program implementation plan, deleting provision re validation of guidelines and model program by State Board of Education and adding provisions re waiver of implementation plan provisions by Commissioner of Education, and made technical and conforming changes, effective July 2, 2013; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by replacing “June thirtieth” with “September fifteenth” re report, effective July 1, 2015; P.A. 23-159 amended Subsec. (a) by replacing “receive a ‘not rated' designation for such school year” with “be recorded as not evaluated” and deleting “aggregate evaluation ratings,”, amended Subsec. (b) by designating existing provisions as Subdiv. (1) and amending same to add “and until June 30, 2024,” and adding Subdiv. (2) re adoption and implementation of teacher evaluation and support program for school year commencing July 1, 2024, and each school year thereafter, amended Subsec. (c)(1) by designating existing provisions as new Subpara. (A) and amending same to redesignate existing Subparas. (A) to (J) as Subpara. (A)(i) to (A)(x) and adding new Subpara. (B) re adoption of guidelines for a teacher evaluation and support program on or before July 1, 2024, amended Subsec. (c)(2) by designating existing provisions as Subpara. (A) and amending same to delete provision re teacher evaluation and support pilot program and adding Subpara. (B) re state board to adopt model teacher evaluation and support program, amended Subsec. (d) by designating existing provisions as Subdiv. (1) and adding Subdiv. (2) re commissioner waiver, and made technical and conforming changes throughout, effective July 1, 2023. Teacher evaluations not a mandatory subject of collective bargaining where amendment substituted “mutual agreement” for “negotiation”. 201 C. 685. Cited. 205 C. 116. Cited. 42 CA 480.