The Building Blocks of TLE Alicia Currin-Moore Executive Director, TLE Lisa Erickson Endres General Counsel Oklahoma State Department of Education

 WHY?  WHO?  WHAT?  HOW?  WHEN? OVERVIEW

WHY?

Nearly 98% of all teachers received high ratings. Districts failed to recognize and reward excellence. Professional development was rarely tied to results. New teachers were rated above satisfactory. The Widget Effect

An Effective Teacher…. can increase a student’s salary in adulthood by $25,000 over a lifetime. raises the probability the student will attend college. increases the quality of college the student attends. Long Term Impacts of Teachers

An Ineffective Teacher… is equal to being absent 40% of the school year! Long Term Impacts of Teachers

 influencing classroom instruction,  facilitating continuous improvement of all teachers and all leaders,  encouraging ongoing professional growth of all educators, Improve Student Achievement By:

 focusing professional development around the needs of individual educators, and  prioritizing research-based instructional practices proven to improve student achievement. Improve Student Achievement By:

WHO?

Which states are implementing new evaluation systems?  Arizona  Colorado  Florida  Indiana  Maryland  New York  Rhode Island  Tennessee To date, 37 states use some form of a new evaluation system.

WHAT?

The TLE will have a five-tier rating system.  Superior  Highly effective  Effective  Needs improvement  Ineffective 70 O.S. § Statutory Requirements

 50% of the evaluation ratings based on rigorous and fair qualitative components 70 O.S. § Statutory Requirements

Qualitative assessment must be evidence-based and include observable and measureable characteristics that are correlated to student performance. 70 O.S. § Statutory Requirements

Teacher Characteristics  Organizational and classroom management skills,  ability to provide effective instruction,  focus on continuous improvement and professional growth,  interpersonal skills, and  leadership skills. 70 O.S. § Statutory Requirements

Leader Characteristics  Organizational and school management skills,  instructional leadership,  professional growth and responsibility,  interpersonal skills,  leadership skills, and  stakeholder perceptions. 70 O.S. § Statutory Requirements

 50% of ratings based on quantitative components  35% student academic growth using multiple years of standardized test data  15% based on other academic measurements 70 O.S. § Statutory Requirements

 “Teachers in grades and subjects for which there is no state-mandated testing measure”  An assessment using objective measures of teacher effectiveness including student performance on unit or end-of-year tests Statutory Requirements

 “Teachers in grades and subjects for which there is no state-mandated testing measure”  Emphasis shall be placed on the observed qualitative assessment as well as contribution to the overall school academic growth.  70 O.S. § Statutory Requirements

Local board policies regarding evaluations must be based on TLE by school year. 70 O.S. § Statutory Requirements

 Data generated from the TLE will be used to drive educational decisions.  Incentive pay plans 70 O.S. §  Career teacher status 70 O.S. § Statutory Requirements

 Comprehensive remediation plan/ instructional coaching for teachers rated needs improvement or ineffective. 70 O.S. § Statutory Requirements

 Reduction in Force policies will use teacher effectiveness as the primary basis for releasing teachers. 70 O.S. § Statutory Requirements

 Teacher non-reemployment decisions will be based on TLE ratings. 70 O.S. §  Administrator non-reemployment decisions will be based on TLE ratings. 70 O.S. § Statutory Requirements

 Teacher Frameworks  Tulsa TLE Observation and Evaluation System  Marzano Causal Teacher Evaluation Model  Danielson’s Framework for Teaching Qualitative Measures (50% of Total TLE)

 Leader Framework  McREL Principal Evaluation  Reeves’ Leadership Performance Matrix Qualitative Measures (50% of Total TLE)

 The State Board voted to use a Value Added Model to measure student academic growth for teachers and leaders in grades and subjects for which multiple years of standardized test data exist. Quantitative Measures (35% of Total TLE)

 For teachers and leaders in grades and subjects for which there is no state- mandated testing, the OSDE will conduct more research. Quantitative Measures (35% of Total TLE)

 The State Board voted to conduct further study of best practices to develop a list of appropriate measures for Oklahoma. Quantitative Measures of Other Academic Growth (15% of Total TLE)

HOW?

 Funding for training on each of the models will be based on a district’s Average Daily Attendance. Funding

WHEN?

 All districts in Oklahoma will participate in the TLE Pilot Year. All schools in all districts All teachers in all schools  During the pilot year, teacher and leader evaluations will not be used in making any employment decisions. The Pilot Year

 Districts will provide input and feedback regarding the frameworks to the OSDE.  This data will be reported to the TLE Commission and the State Board. The Pilot Year

 All data will be analyzed to determine measurement of effective teaching and each model’s ability to scale up for statewide implementation. The Pilot Year

Ongoing  Communication via TLE website including teleconferences and webinars  Update- the frameworks are now on the TLE website Early February 2012  The OSDE will provide each district with a survey regarding the district’s TLE needs. The Pilot Year Timelines

Early February 2012  Each Framework provider may hold free webinars to provide information to districts.  The OSDE will conduct videoconferences to update districts on TLE developments. The Pilot Year Timelines

April 16, 2012  District selection of a teacher and leader framework for pilot year implementation. The Pilot Year Timelines

Mid-April-August 2012  Districts will participate in training and professional development regarding the selected frameworks. August 2012  Pilot year begins  All districts in Oklahoma will participate in the TLE Pilot Year. All schools in all districts All teachers in all schools The Pilot Year Timelines

Throughout the Pilot Year  Training updates and professional development December 2012/January 2013  The OSDE plans to gather mid-year data from districts regarding various aspects of the TLE system. The Pilot Year

April/May 2013  Gather final pilot year data May 2013  The OSDE will begin to analyze the final pilot year data. The Pilot Year

TRUE/FALSE

All districts must participate in the TLE Pilot Year.

TRUE

Funding for framework training will be based on a district’s ADA.

TRUE

All three teacher frameworks will be available to use after the pilot year as long as the data supports its continued use.

TRUE

The Oklahoma Teacher and Leader Effectiveness website is the source for State Department of Education information. regarding TLE.

TRUE

Frequently asked legal questions regarding Oklahoma's TLE System Presented by: Lisa Erickson Endres OSDE General Counsel

 Each school district board of education must maintain and annually review a written policy of evaluation.  District adoption of the TLE framework and method of evaluation should include consultation and involvement of representatives selected by local teachers and administrators.  Every policy adopted by a local school board must comply with and be based upon the TLE System developed by the State Board of Education.  To ensure compliance with the TLE Act, local school boards should take board action to review and adopt the TLE System models for their district prior to the start of the school year and review it annually thereafter. See 70 O.S. § (A) 1. Who must be involved in selecting a district’s teacher evaluation system?

 Per statute, all districts must have a TLE evaluation framework/model adopted for both teachers and for administrators (leaders) beginning with the school year. 70 O.S. § (A)(1). All TLE System requirements for compliance must be met in and evaluations performed during this year will have a direct impact on the teachers and leaders.  Districts must have all of their TLE System policies and procedures in place by the start of the school year.  All selected evaluators in each district must be trained and certified by the OSDE by the beginning of the school year.  The OSDE will provide workshops and training for evaluators beginning in May 2012 to assist districts in fulfilling the statutory requirements of 70 O.S. §  TAKEWAY: Districts must be ready to fully implement the TLE System in their district by the start of the school year. Evaluations under the TLE System will have full force and effect starting with the school year. 2. When does the TLE System become effective?

 The pilot year for the TLE System is the school year, which begins with fiscal year 2013 on July 1, This was a recommendation of the TLE Commission that was adopted by the State Board of Education in December  The pilot year is a dry run of the TLE system; it is designed to be a planning and learning year for districts to obtain training and learn how to properly implement evaluations prior to the high stakes application of the law.  During the pilot year, districts can use the TLE evaluation frameworks without consequence and are encouraged to report to the TLE Commission what they like and don’t like about the frameworks. This district feedback will be used to improve the TLE System and its implementation. 3. When is the pilot year for TLE?

 The TLE Statutes do not contain any mandatory funding language.  Without required legislative funding language, there is no guarantee of funding to pay for TLE System implementation or training.  The OSDE has set aside some state appropriated funds to be spent on training evaluators between now and the beginning of the school year.  There is no guarantee that such continued funding will be available in future years due to the lack of a funding mandate in the statutes. 4. Who pays for training and implementation of the TLE System?

 Collective bargaining is a local district matter. Teacher and leadership evaluation clauses contained in collective bargaining agreements will have to be addressed and negotiated by districts in a timely manner to comply with existing TLE statute requirements prior to the beginning of the school year.  Teacher contracts are subject to negotiation annually. Districts have sufficient time to negotiate teacher evaluation issues prior to the implementation of the TLE System for the school year. Districts should begin reviewing their collective bargaining agreements relating to teacher evaluation and termination now so contracts terms can be negotiated and modified where necessary to be in compliance with the statutes. See 70 O.S. §  Terms of a collective bargaining contract must comply with the TLE statutes and OSBE minimum standards. All evaluation policies adopted by Oklahoma school districts must be based upon minimum criteria developed by the State Board of Education. In those school districts with previously existing professional negotiation agreements, the negotiated provisions must comply with the State Board of Education’s minimum criteria. See 86 Attorney General Opinion 146. The TLE frameworks adopted establish the minimum criteria.  Collective bargaining language that would contradict or go against a statutory mandate should not occur. The goals of the collective bargaining statutes cannot be met when one party is asked to agree to terms which are repugnant to the statute's specific language. City of Bethany v. Public Employees Relations Bd. of State of Okla., 1995 OK 99, ¶20, 904 P.2d 604). 5. What should districts consider when negotiating collective bargaining clauses involving TLE? TLE?

 Selection of the TLE framework or model is a statutory duty of the districts that cannot be delegated. There are two major limitations on a school board's ability to include certain terms in a collective bargaining agreement: (1) a school board's managerial prerogative cannot be bargained away; (2) a school board may not negotiate a term in a collective bargaining agreement which involves the delegation of a statutory duty or the surrender of discretion vested in the board by statute. See City of Bethany v. Public Employees Relations Bd. of State of Okla., 1995 OK 99, ¶ 22, 904 P.2d 604.  Evaluation standards adopted by districts that go beyond the TLE System standards are negotiable. Title 70 Section (A) states that “any standards of performance and conduct proposed for adoption [of an approved evaluation system] beyond those established by the State Board of Education shall be negotiable items.” The TLE system frameworks/models of evaluation are the standards established by the OSBE; districts can elect to do more, but not less than the TLE System requirements.  Collective bargaining must be done in good faith; disputes must be resolved in accord with the process outlined by statute. “Any allegation by either party that there has been a failure to comply with the provisions of this section shall be resolved through the dispute resolution procedure for resolving a unit determination dispute as set forth in subsection A of Section of this title.” 70 O.S. §509.1; § TAKEAWAY: Districts should adjust or renegotiate terms of any collective bargaining agreement that does not fully comply with the TLE System statutory requirements prior to the start of the school year. Districts cannot delegate or negotiate away the duty to select the TLE System framework. Collective Bargaining and the TLE System (continued)

Per statute, refusal by a school district to comply with the provisions of Title 70 Section , “shall be grounds for withholding State Aid funds until compliance occurs.” TAKEAWAY: Districts have until the start of the school year (which is less than 18 months from now) to: (1)select a TLE evaluation framework; (2)train and obtain certification of all needed evaluators, (3)write district policy, (4)negotiate union contracts, (5)make the requirements of the TLE framework known to all stakeholders. 6. What happens if a district does not comply or implement the TLE System by the start of the school year?

 The TLE System goes into effect in ; termination provisions of the law do not become effective or enforceable until this academic school year.  Districts may, but are not required to, use TLE findings in the pilot year for termination decisions made in the pilot year.  Pilot year evaluations do not count towards the two or three year consecutive rating for mandatory termination provided by the TLE statute. The counting of consecutive years for TLE effectiveness ratings begins in the school year.  The TLE System requires districts to implement comprehensive remediation plans for all teachers rated as “needs improvement” or “ineffective”. 70 O.S. § There is no time length for “comprehensive remediation plans” in this statutory provision. However, per the Teacher Admonishment statute, a “reasonable time for improvement” is defined as no longer than two months. 70 O.S. §101.24(A)(2).  Title 70, Section (A) lists 8 reasons why a career teacher may be dismissed or not reemployed: 1. Willful neglect of duty; 5. Instructional ineffectiveness; 2. Repeated negligence in performance of duty; 6. Unsatisfactory teaching performance 3. Mental or physical abuse to a child; 7. Commission of an act of moral turpitude; or 4. Incompetency; 8. Abandonment of contract. 7. How does the TLE System affect district termination decisions?

 Termination for instructional ineffectiveness is governed by the TLE statute and includes MANDATORY TERMINATION PROVISIONS that must be followed: 1. A career teacher who has been rated “ineffective” under the TLE System for two (2) consecutive school years SHALL be dismissed or not reemployed on grounds of instructional ineffectiveness. 70 O.S. § (C)(1). 2. A career teacher who has been rated as “needs improvement” or lower, pursuant to the TLE System, for three (3) consecutive school years shall be dismissed or not reemployed on the grounds of instructional ineffectiveness. 70 O.S. § (C)(2). 3. A career teacher who has not averaged a rating of at least “effective” under the TLE for a five (5) year period shall be dismissed or not reemployed on the grounds of instructional ineffectiveness. 4. A probationary teacher who has been rated ineffective under the TLE for two (2) consecutive years shall be dismissed or not reemployed. 70 O.S. § (D)(1). 5. A probationary teacher who has not attained career teacher status within a four (4) year period shall be dismissed or not reemployed. 70 O.S. § (D)(2).  Once a teacher receives a rating that may lead to a recommendation for termination, the administrator SHALL: (1) admonish the teacher in writing; (2) make reasonable efforts to assist the teacher in correcting poor performance; and (3) establish a reasonable time for improvement and correction of the performance which does not exceed two (2) months. Terminations under the TLE System (continued)

 The TLE recommendation that was adopted by the State Board has approved three TLE teacher evaluation frameworks and two leadership frameworks for districts to choose from.  Districts will retain the right to select and choose the framework that works best for the district from the approved list even after the pilot year.  Districts will not be forced to switch or change evaluation systems so long as they select and implement a framework from the list of approved TLE System frameworks. 8. How many evaluation systems will be available for districts to use after the pilot year?

 The Teacher Leadership Effectiveness Commission by statute is to continue its work in developing and making recommendations to the OSBE until July 1,  The Commission will be making annual reports every year on December 31 regarding the TLE System.  The Commission is charged with the duty to collect data and gather input and participation from teachers and leaders on the development and implementation of the TLE. 70 O.S. §  The TLE Commission will make recommendations on the adoption of policy and rules relating to how the TLE System will be implemented.  The OSDE is required by statute to gather data from districts. 70 O.S. § (D).  Districts will be required to provide data to OSDE and the TLE Commission annually. 9. What are districts’ data reporting requirements under the TLE System?

 Plan ahead! Involve all stakeholders in the selection process of the TLE framework and develop policies and notify teachers and administrators of those policies as far in advance as possible.  Do the research! Have your local school board consider and select the frameworks that best fit your district’s needs.  Obtain training and certification early! Have your evaluators trained and certified prior to the start of the school year.  Participate in the pilot program! Give your evaluators time to practice their evaluation skills and teachers time to adjust to the new evaluation system before the implementation of high stakes’ results. It also gives those teachers who would be given a “needs improvement” and “ineffective” rating more time to prepare and improve.  Licensing agreement! Obtain and negotiate a proper licensing agreement with the framework vendor/provider; make contractual efforts to reduce your district’s exposure to litigation over the selection of and/or use of the evaluation system. 10. What can districts do to minimize their risk or exposure to litigation over TLE System termination lawsuits?

 Visit the Oklahoma State Department’s website at   Or contact: Alicia Currin-Moore Questions?