GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 1673

Short Title:  Teacher Evaluations/Assessment Teams.	(Public)

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Sponsors: Representatives Arnold; Shubert and Watson.

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Referred to:  Appropriations.

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June 1, 1998

A BILL TO BE ENTITLED
AN ACT TO AMEND THE TEACHER COMPETENCY TESTING PROVISIONS OF THE EXCELLENT SCHOOLS ACT, TO PROVIDE FOR ANNUAL EVALUATIONS OF ALL CERTIFIED PUBLIC SCHOOL EMPLOYEES, AND TO APPROPRIATE FUNDS TO DEVELOP EVALUATION INSTRUMENTS AND TO CREATE ASSESSMENT TEAMS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 115C-105.38A reads as rewritten:
"§ 115C-105.38A.  Teacher competency assurance.
(a)	General Knowledge Test. – The State Board of Education shall require all certified staff members working in schools at the time the schools are identified as low-performing under this Article and to which the State Board has assigned an assistance team to demonstrate their general knowledge by acquiring a passing score on a test designated by the State Board. The general knowledge test shall be administered at the end of the 1997-98 school year. 
(b)	Exemptions. – The following certified staff members shall be exempt from taking the general knowledge test required under subsection (a) of this section.
(1)	Certified staff members who have:
a.	Taken and passed the PRAXIS I exam as a condition of entry into a school of education; and
b.	Taken and passed the PRAXIS II exam after July 1, 1996.
(2)	Certified staff members who have previously taken and passed the general knowledge test.
(c)	Remediation. – Certified staff members who do not acquire a passing score on the general knowledge test shall engage in a remediation plan based upon the deficiencies identified by the test, or an assistance team or a principal. The remediation plan for deficiencies of individual certified staff members shall consist of up to a semester of university or community college training or coursework or other similar activity to correct the deficiency.  The remediation shall be developed by the State Board of Education in consultation with the Board of Governors of The University of North Carolina. The State Board shall reimburse the institution providing the remediation any tuition and fees incurred under this section. If the remediation plan requires that the staff member engage in a full-time course of study or training, the staff member shall be considered on leave with pay.
(d)	Retesting; Dismissal. – Upon completion of the remediation plan, the certified staff member shall take the general knowledge test a second time. If the certified staff member fails to acquire a passing score on the second test, the State Board shall begin dismissal proceedings under G.S. 115C-325(q)(2a).
	(f)	Other Actions Not Precluded. – Nothing in this section shall be construed to restrict or postpone the following actions:
(1)	The dismissal of a principal under G.S. 115C-325(q)(1);
(2)	The dismissal of a teacher, assistant principal, director, or supervisor under G.S. 115C-325(q)(2);
(3)	The dismissal or demotion of a career employee for any of the grounds listed under G.S. 115C-325(e);
(4)	The nonrenewal of a school administrator's or probationary teacher's contract of employment; or
(5)	The decision to grant career status.
	(h)	Scope; Expiration. – This section only shall apply to those certified staff members who the State Board has determined are required to take the general knowledge test at the end of the 1997-98 school year.  This section shall expire the later of March 1, 1999, or when the State Board completes any dismissal proceedings required under subsection (d) of this section."
Section 2.  Effective the later of March 1, 1999, or when the State Board completes any dismissal proceedings required under G.S. 115C-105.38A(d), G.S. 115C-325(q)(2a) is repealed.
Section 3.  G.S. 115C-326 is repealed.
Section 4.  Article 22 of Chapter 115C of the General Statutes is amended by adding a new Part to read:
"Part 7.  Personnel Evaluations.
"§ 115C-333.  Evaluation of certified employees.
(a)	Annual Evaluations. – Local school administrative units shall evaluate at least once each year all certified employees.  The evaluation shall occur early enough during the school year to provide adequate time to develop and implement an action plan if one is recommended under subsection (b) of this section.  If the employee is a teacher as defined under G.S. 115C-325(a)(6), either the principal who supervises the teacher, an assistance team assigned under G.S. 115C-105.38, or an assessment team assigned under G.S. 115C-334 shall conduct the evaluation.  If the employee is a school administrator as defined under G.S. 115C-287.1(a)(3), either the superintendent, the superintendent's designee, an assistance team assigned under G.S. 115C-105.38, or an assessment team shall conduct the evaluation.  Notwithstanding this subsection, all teachers who have not attained career status shall be observed at least three times annually by the principal or the principal's designee, and at least once annually by a teacher.  This section shall not be construed to limit the duties and authority of an assistance team assigned to a low-performing school under G.S. 115C-105.38.  Local boards also may adopt rules requiring the annual evaluation of noncertified employees.
Local boards shall use the performance standards and criteria adopted by the State Board unless a local board develops an alternative evaluation that is properly validated and that includes standards and criteria similar to those adopted by the State Board.  All other provisions of this section shall apply if a local board uses an evaluation other than one adopted by the State Board.
(b)	Action Plans. – If a certified employee receives an unsatisfactory or below standard rating on any function of the evaluation, the individual or team conducting the evaluation shall recommend to the superintendent that: (i) the employee receive an action plan designed to improve the employee's performance; or (ii) the superintendent recommend to the local board that the employee be dismissed or demoted.  The superintendent shall determine whether to develop an action plan or to recommend dismissal proceedings.  Action plans shall be developed by the person who evaluated the employee unless the evaluation was conducted by an assistance team or an assessment team.  If the evaluation was conducted by an assistance team or an assessment team, that team shall develop the action plan in collaboration with the employee's supervisor.  Action plans shall be designed to be completed within 90 instructional days or before the end of the school year, whichever occurs first.   The State Board shall develop guidelines that include strategies to assist local boards in evaluating certified employees and developing effective action plans within the time allotted under this section.  Local boards may adopt policies for the development and implementation of action plans or professional development plans for employees who do not require action plans under this section.
(c)	Reevaluation. – Employees who have received action plans under subsection (b) of this section shall be evaluated a second time before the end of the school year.  If the employee receives an unsatisfactory or below standard rating on any function on the second evaluation, the superintendent shall recommend that the employee be dismissed or demoted under G.S. 115C-325.  The results of the second evaluation shall constitute substantial evidence of the employee's inadequate performance.
(d)	State Board Notification. – If a local board dismisses an employee under subsection (c) of this section, it shall notify the State Board of the action.  The State Board annually shall provide to all local boards the names of employees who have been dismissed under subsection (c) of this section.  If a local board hires one of these individuals, within 60 days the superintendent or the superintendent's designee shall observe the employee, develop an action plan to assist the employee,  and submit the plan to the State Board.  An assessment team shall review the action plan and may provide comments and suggestions to the local board.  If the employee receives an unsatisfactory or below standard rating on the next evaluation, the local board shall notify the State Board and the State Board shall revoke the employee's certificate under G.S. 115C-296(d).  If the employee receives a satisfactory rating on the next evaluation, the local board shall notify the State Board that the employee is in good standing and the State Board shall not continue to provide the individual's name to local boards under this subsection unless the employee is subsequently dismissed under subsection (c) of this section.
(e)	Indemnification. –  If any claim is made or any legal action is instituted against an employee of a local school administrative unit because of an act or omission made during the course of the employee's duties under this section, the local board of education shall reimburse the employee for reasonable attorneys' fees if the employee is held not liable.
"§ 115C-334.  Assessment teams; development of performance standards and criteria for certified employees; training and remediation programs.
(a)	Assessment Teams; Creation; Duties. – The State Board shall create State assessment teams and also shall develop guidelines for local boards to use to create local assessment teams.  The State Board shall determine the criteria for assigning a State assessment team to a school or local school administrative unit.  However, a principal, superintendent, or local board may request that an assessment team be assigned to a particular school or schools and the State Board shall attempt to accommodate that request.  If a local board creates a local assessment team, it shall ensure that the team members are trained in the proper administration of the employee evaluation used by the local school administrative unit, and the local board shall pay the team members at the same rate as mentor teachers.
Assessment teams shall have the following duties:
(1)	Conduct evaluations of certified employees of local boards of education;
(2)	Provide technical assistance and training to principals and superintendents who conduct evaluations of certified employees;
(3)	Develop action plans for certified employees; and
(4)	Assist principals and superintendents in the development and implementation of action plans.
(b)	Development of Performance Standards. –  The State Board of Education, in consultation with local boards of education, shall revise and develop uniform performance standards and criteria to be used in evaluating certified public school employees, including school administrators. These standards and criteria shall include improving student achievement, employee skills, and employee knowledge. The standards and criteria for school administrators also shall include building-level gains in student learning and effectiveness in providing for school safety and enforcing student discipline. The State Board shall develop rules regarding the use of these standards and criteria in the employee evaluation process.  The State Board also shall develop guidelines for evaluating superintendents. The guidelines shall include criteria for evaluating superintendent effectiveness in providing safe schools and enforcing student discipline.
(c)	Training. –  The State Board, in collaboration with the Board of Governors of The University of North Carolina, shall develop programs designed to train principals and superintendents in the proper administration of the employee evaluations developed by the State Board.  The Board of Governors shall use the professional development programs for public school employees that are under its authority to deliver this training to all principals and superintendents at locations that are geographically convenient to local school administrative units.  The programs shall include methods to determine whether an employee's performance has improved student learning, the development and implementation of appropriate action plans, the process for contract nonrenewal, and the dismissal process under G.S. 115C-325. The Board of Governors also shall ensure that the subject matter of the training programs is incorporated into the masters in school administration programs offered by the constituent institutions.  The State Board, in collaboration with the Board of Governors, also shall develop in-service programs for certified personnel that may be included in an action plan created under G.S. 115C-333(b).  The Board of Governors shall use the professional development programs for public school employees that are under its authority to deliver this training at locations that are geographically convenient to the local school administrative units."
Section 5.  G.S. 115C-296(d) reads as rewritten:
"(d)	The State Board shall adopt rules to establish the reasons and procedures for the suspension and revocation of certificates.  The State Board shall revoke the certificate of a teacher or school administrator if the State Board receives notification from a local board that a teacher or school administrator has received an unsatisfactory or below standard rating under G.S. 115C-333(d).  In addition, the State Board may revoke or refuse to renew a teacher's certificate when:
(1)	The Board identifies the school in which the teacher is employed as low-performing under G.S. 115C-105.37; and
(2)	The assistance team assigned to that school under G.S. 115C-105.38 makes the recommendation to revoke or refuse to renew the teacher's certificate for one or more reasons established by the State Board in its rules for certificate suspension or revocation.
The State Board may issue subpoenas for the purpose of obtaining documents or the testimony of witnesses in connection with proceedings to suspend or revoke certificates."
Section 6.  G.S. 115C-276 is amended by adding a new subsection to read:
"( s)	To Provide for Annual Evaluations and Action Plans. – The superintendent  shall provide for the annual evaluation of all certified employees of the local school administrative unit.  The superintendent shall consult with principals to determine whether to request an assessment team to assist with this process.  The superintendent also shall determine whether all principals have been trained in the proper administration of the employee evaluations and the development of action plans and shall arrange for all principals to receive the appropriate training."
Section 7.  G.S. 115C-288 is amended by adding a new subsection to read:
"( i)	To Evaluate Certified Employees and Develop Action Plans. – Each school year, the principal shall provide for the evaluation of all certified employees assigned to the school as provided in G.S. 115C-333(a).  The principal shall consult with the superintendent to determine whether to request an assessment team to assist with this duty.  The principal also shall develop action plans as provided under G.S. 115C-333(b), shall monitor an employee's progress under an action plan, and shall provide for a second evaluation before the end of the school year."
Section 8.  There is appropriated from the General Fund to the State Board of Education the sum of two million dollars ($2,000,000) for the 1998-99 fiscal year to develop evaluation instruments for certified public school employees, to create State assessment teams, and to pay members of local assessment teams.  The State Board of Education may allocate funds from State Aid to Local School Administrative Units to pay members of local assessment teams.
Section 9.  Sections 1 and 2 are effective when this act becomes law.  All other sections become effective July 1, 1998.