§ 17:3902 — Evaluation program; process

§3902. Evaluation program; process
A. Every teacher and administrator who has been employed by a local board shall
be formally evaluated annually by the local board pursuant to this Subpart.
B. The elements of evaluation and standards for effectiveness shall be defined by the
board pursuant to rules and regulations promulgated for such purpose. Such rules and
regulations shall require that, at a minimum, local evaluation plans contain the following
elements:
(1) A job description. The local board shall establish a job description for every
category of teacher and administrator pursuant to its evaluation plan. Such job descriptions
shall contain the criteria on which the teacher or administrator shall be evaluated. Each
teacher or administrator shall be provided with his job description prior to the beginning of
his first employment in the school system in his position and each time the job description
is revised. The teacher or administrator shall acknowledge receipt of the job description by
signing a copy thereof.
(2) A professional growth plan. A professional growth plan shall be developed by
each teacher and administrator, collaboratively with his evaluator or evaluators during the
beginning of each evaluation period. Such plan shall be designed to assist each teacher and
administrator in meeting the standards for effectiveness, effectively addressing the social,
developmental, and emotional needs of students and maintaining a classroom environment
that is conducive to learning. Each such plan shall include a statement of the professional
development objectives of the teacher or administrator as well as the strategies the teacher
or administrator intends to employ toward the realization of each objective.
(3) Observation and conferencing. The evaluator or evaluators of each teacher or
administrator shall conduct a pre-observation conference during which the teacher or
administrator shall provide the evaluator or evaluators with relevant information. A teacher
shall provide information concerning the planning of the lesson to be observed as well as any
other information the teacher considers pertinent. The observation shall occur at a time and
place established in advance, shall be of sufficient duration to provide meaningful data
which, in the case of a teacher, shall be not less than the duration of one complete lesson.
In the case of a teacher, the observation shall be conducted using the components of effective
teaching, as well as any additional local board criteria included in the job description. In the
case of an administrator, the observation may consist of the collection of prescribed
performance documentation and shall be conducted using applicable components of effective
teaching, elements prescribed by board rule, and any additional local board criteria included
in the job description. A post-observation conference shall be conducted to discuss
commendation and recommendations.
(4) Classroom visitation. The evaluator may, on his own initiative or upon the
request of a teacher or administrator he has evaluated, periodically visit the teacher or
administrator to monitor progress toward achievement of professional growth plan objectives
and provide support or assistance.
(5)(a) Measure of effectiveness. Fifty percent of such evaluations shall be based on
evidence of growth in student achievement as determined by the board. Data derived from
a value-added assessment model, as determined by the board, shall be a factor in determining
evidence of student growth for grade levels and subjects for which value-added data is
available and shall comprise thirty-five percent of the overall evaluation. For grade levels
and subjects for which value-added data is not available and for personnel for whom value-added data is not available, the board shall establish measures of student growth. The model
shall take into account important student factors, including but not limited to special
education, economic disadvantage, attendance, and discipline.
(b)(i) Neither the value-added model nor the measures of student growth for grade
levels and subjects for which value-added data are not available shall, in any given school
year, include a test score or data of a student who has ten or more absences, whether excused,
unexcused, consecutive, or nonconsecutive, in any school semester in that school year.
(ii) When a student has ten or more absences as provided for in Item (i) of this
Subparagraph, the following shall not be considered factors in an evalution relative to such
absences: credit recovery, academic credit, and attendance credit.
(c) The board shall develop and adopt a policy to invalidate such student growth data
for any teacher for any school year in which there is a natural disaster or any other
unexpected event that results in the temporary closure of the school.
(d) Each person being evaluated and his evaluator shall meet for the purpose of
discussing the student learning targets of each student. Student learning targets not discussed
in a meeting between a person and his evaluator shall not be used in the person's evaluation.
C.(1) At the conclusion of each year's evaluation, the evaluator or evaluators shall
determine whether the teacher or administrator is effective or ineffective pursuant to the
evaluation plan. Such determination shall be transmitted to the local board.
(2)(a) Any teacher or administrator who fails to meet the standard of performance
with regard to effectiveness shall be placed in an intensive assistance program designed to
address the complexity of the teacher's deficiencies and shall be formally re-evaluated. A
teacher or administrator shall be informed in writing of placement in an intensive assistance
program and provided in writing with the reasons for such placement.
(b) Each intensive assistance program shall be designed for the individual teacher
or administrator involving the evaluator or evaluators and the teacher or administrator and
shall include at a minimum:
(i) Specific steps to be taken to improve.
(ii) The assistance, support, and resources to be provided by the local board.
(iii) An expected time line for achieving the objectives and the procedures for
monitoring progress including observations and conferences. The time line shall not exceed
two years.
(iv) The action to be taken if improvement is not demonstrated.
(v) If the intensive assistance program required pursuant to this Paragraph is not
completed in conformity with its provisions or if the teacher or administrator is determined
to be ineffective after a formal evaluation conducted immediately upon completion of the
program, then the local board shall timely initiate termination proceedings pursuant to Part
II of Chapter 2 of this Title.
(3) The board shall determine a standard for highly effective teachers for use by local
boards to recognize, reward, and retain teachers who demonstrate a high level of
effectiveness.
D. Nothing contained in this Section shall diminish the right of the local board to
evaluate employees or to make employment decisions or of principals and other employees
with supervisory responsibilities to observe the employees they supervise.
E. Notwithstanding any provision of law to the contrary, for the 2020-2021 school
year, value-added data shall not be used to evaluate teacher performance or effectiveness.

Legislative History

Acts 1994, 3rd Ex. Sess., No. 1, §2, eff. June 22, 1994; Acts 2010, No. 54, §1, eff. May 27, 2010; Acts 2014, No. 515, §1; Acts 2016, No. 504, §1, eff. June 14, 2016; Acts 2017, No. 136, §1; Acts 2020, 2nd Ex. Sess., No. 53, §1, eff. Nov. 5, 2020; Acts 2022, No. 333, §1; Acts 2025, No. 270, §1.