Section 22-9-104 - State model licensed personnel performance evaluation system - department - state board - powers and duties - rules(1) The state board shall promulgate guidelines relating to the planning, development, implementation, and assessment of a state model licensed personnel performance evaluation system that may be adopted by each school district and board of cooperative services within the state. In promulgating said guidelines, the state board shall allow each school district and board of cooperative services to involve and consult with the licensed personnel and citizens of the school district or districts. Each school district and board of cooperative services has the flexibility needed to develop a system of personnel performance evaluation that is specifically designed to meet the individual needs of that school district or board of cooperative services.(1.5) To assist school districts and boards of cooperative services in implementing the state model licensed personnel performance evaluation system and in developing and implementing local systems of personnel performance evaluation, by the beginning of the 2023-24 school year, the department shall: (a) Create a modified rubric specifically for measuring the performance of a licensed person who has received a rating of highly effective for at least three consecutive school years and provide guidelines for focusing on professional growth and career development in evaluating licensed personnel who are consistently rated highly effective;(b) Work with school districts and boards of cooperative services to create and make publicly available rubrics for measuring the performance of licensed personnel in a limited number of specialized teacher or principal roles;(c) Provide evaluator training at no cost to school districts and boards of cooperative services to ensure that all evaluators have the skills necessary to observe and evaluate licensed personnel with fidelity to the licensed personnel performance evaluation system implemented by the evaluator's school district or board of cooperative services;(d) Provide guidelines for considering a licensed person's professional growth achievements, such as attainment of national board certification or fulfillment of differentiated professional roles, as proof that the licensed person meets one or more of the quality standards, in lieu of some or all of the elements that demonstrate attainment of the quality standards; and(e) Provide information concerning best practices in methods of conducting licensed personnel evaluations, including innovative methods for observation.(2) The state board shall: (a) Provide training and leadership and give technical assistance to school districts and boards of cooperative services in the development of a licensed personnel performance evaluation system;(b) Work and cooperate with the state's universities and colleges that have teacher, principal, or administrator education programs to ensure that principals and administrators who have evaluation responsibilities will receive adequate education and training that meets the requirements specified in section 22-9-108 and will enable them to make thorough, credible, fair, and professional quality evaluations of all licensed personnel whom those principals or administrators may be responsible for evaluating;(c) Promulgate rules concerning the planning, development, implementation, and assessment of the state model licensed personnel performance evaluation system to evaluate the effectiveness of licensed personnel;(e) (Deleted by amendment, L. 2009, (SB 09-163), ch. 1532, p. 1532, § 17, effective May 21, 2009.)(f) Pursuant to the "State Administrative Procedure Act", article 4 of title 24, promulgate rules with regard to the issues specified in section 22-9-105.5 (3)(a) to (3)(h).(3) For evaluations completed for the 2023-24 school year and each school year thereafter, the state board shall promulgate rules as necessary to ensure that, under the state model licensed personnel performance evaluation system and a local system of personnel performance evaluation: (a) Thirty percent of a teacher's or principal's evaluation is determined by the academic growth of the teacher's students or the students enrolled in the principal's school, as applicable, and the remainder is based on the teacher's or principal's attainment of the quality standards;(b) Except as otherwise provided in subsection (3)(c) of this section, of the thirty percent of a teacher's or principal's evaluation that is based on student academic growth, up to ten percent may be based on measures of collective student academic growth that are based on the performance of all students enrolled at a particular grade level within the school in which the teacher or principal is employed or the performance of all students enrolled in the school in which the teacher or principal is employed, but a teacher's or principal's evaluation must not include measures of collective student academic growth that are based on the performance of students who are not enrolled in the school in which the teacher or principal is employed; and(c) The evaluation of a licensed person who has been employed by a school district or board of cooperative services for one school year or less must not include data that was created prior to the date on which the licensed person commenced employment with the school district or board of cooperative services.Amended by 2022 Ch. 214, § 2, eff. 5/24/2022.Amended by 2013 Ch. 237, § 2, eff. 5/17/2013.L. 84: Entire article added, p. 586, § 1, effective May 14. L. 92: (1), (2)(a), and (2)(d) amended, p. 472, § 4, effective April 29. L. 98: (2)(b) amended, p. 285, § 3, effective July 1. L. 2000: (1), (2)(a), (2)(b), and (2)(c) amended, p. 1850, § 44, effective August 2. L. 2004: (2)(d) amended, p. 1285, § 15, effective May 28. L. 2009: (2)(c), (2)(d), and (2)(e) amended, (SB 09 -163), ch. 293, p. 1532, § 17, effective May 21. L. 2010: (2)(c) and (2)(d) amended and (2)(f) added, (SB 10 -191), ch. 241, p. 1055, § 3, effective May 20. L. 2013: (2)(d) repealed, (HB 13-1257), ch. 237, p. 1153, § 2, effective May 17.