Chapter 150. Commissioner's Rules Concerning Educator Appraisal

Statutory Authority: The provisions of this Chapter 150 issued under the Texas Education Code, 21.351-21.356, unless otherwise noted.

Subchapter AA. Teacher Appraisal

150.1001. General Provisions.

(a)  Beginning with the 1997-1998 school year, all school
     districts have two choices in selecting a method to appraise
     teachers: a teacher-appraisal system recommended by the
     Texas commissioner of education or a local teacher-appraisal
     system.

(b)  The commissioner's recommended teacher-appraisal system, the
     Professional Development and Appraisal System (PDAS), was
     developed in accordance with Texas Education Code (TEC),
     21.351.

(c)  The superintendent of each school district, with the
     approval of the school district board of trustees, may
     select the PDAS. Each school district or campus wanting to
     select or develop an alternative teacher-appraisal system
     must follow TEC, 21.352.

Source: The provisions of this 150.1001 adopted to be effective August 1, 1997, 22 TexReg 4200.


150.1002. Assessment of Teacher Performance.

(a)  The teacher proficiencies described in Learner-Centered
     Schools for Texas: A Vision of Texas Educators, approved by
     the State Board of Education on February 11, 1994, shall be
     the foundation for the Professional Development and
     Appraisal System (PDAS).

(b)  Each teacher shall be appraised on the following domains:

     (1)  Domain I: Active, successful student participation in
          the learning process;
     
     (2)  Domain II: Learner-centered instruction;
     
     (3)  Domain III: Evaluation and feedback on student
          progress;
     
     (4)  Domain IV: Management of student discipline,
          instructional strategies, time and materials;
     
     (5)  Domain V: Professional communication;
     
     (6)  Domain VI: Professional development;
     
     (7)  Domain VII: Compliance with policies, operating
          procedures and requirements; and
     
     (8)  Domain VIII: Improvement of academic performance of all
          students on the campus (based on indicators included in
          the Academic Excellence Indicator System (AEIS)).
     
(c)  Each domain shall be scored independently. The evaluation of
     each of the domains shall consider all data generated in the
     appraisal process. The data for the appraisal of each domain
     shall be gathered from observations, the Teacher Self-Report
     Form, and other documented sources. The data shall describe
     teacher contributions in increasing student achievement,
     making the whole school safe and orderly, and creating a
     stimulating learning environment for children.

(d)  Each teacher shall be evaluated on Domains I through VIII
     using the following categories:

     (1)  exceeds expectations;
     
     (2)  proficient;
     
     (3)  below expectations; and
     
     (4)  unsatisfactory.
     
(e)  The teacher evaluation in Domain VIII shall include the
     following areas:

     (1)  efforts to enhance academic performance;
     
     (2)  efforts to enhance student attendance;
     
     (3)  efforts to identify and assist students in at-risk
          situations; and
     
     (4)  campus performance rating.
     
(f)  Campus performance rating data for Domain VIII shall be
     reported (not scored) by a campus or district for the first
     year of the PDAS implementation and/or during the first year
     for new teachers to a campus.

Source: The provisions of this 150.1002 adopted to be effective August 1, 1997, 22 TexReg 4200.


150.1003. Appraisals, Data Sources, and Conferences.

(a)  Each teacher must be appraised each school year. Whenever
     possible, an appraisal shall be based on the teacher's
     performance in fields and teaching assignments for which he
     or she is certified.

(b)  The annual teacher appraisal shall include:

     (1)  at least one classroom observation of a minimum of 45
          minutes as identified in subsection (g) of this
          section, with additional walk-throughs and observations
          conducted at the discretion of the appraiser;
     
     (2)  a written summary of each observation, which shall be
          given to teachers within ten working days after the
          completion of an observation, with a pre- and post-
          observation conference conducted at the request of the
          teacher or appraiser;
     
     (3)  completion of Section I of the Teacher Self-Report Form
          that shall be presented to the principal:
     
          (A)  within the first three weeks from the day of
               completion of the Professional Development and
               Appraisal System (PDAS) orientation as described
               in 150.1007 of this title (relating to Teacher
               Orientation);
          
          (B)  within the first three weeks from the day of
               completion of the PDAS orientation as described
               in 150.1007 of this title for teachers new to
               the PDAS; or
          
          (C)  within the first three weeks of instruction in the
               school years when the PDAS orientation is not
               required pursuant to 150.1007 of this title.
          
     (4)  revision of Section I (if necessary) and completion of
          Sections II and III of the Teacher Self-Report Form
          that shall be presented to the principal at least two
          weeks prior to the summative annual conference;
     
     (5)  cumulative data of written documentation collected
          regarding job-related teacher performance, in addition
          to formal classroom observations;
     
     (6)  a written summative annual appraisal report; and
     
     (7)  a summative annual conference.
     
(c)  A teacher may be given advance notice of the date or time of
     an appraisal, but advance notice is not required.

(d)  Each school district shall establish a calendar for the
     appraisal of teachers. The appraisal period for each teacher
     must include all of the days of a teacher's contract.
     Observations during the appraisal period must be conducted
     during the required days of instruction for students during
     one school year. The appraisal calendar shall:

     (1)  exclude observations in the three weeks following the
          day of completion of the PDAS orientation in the school
          years when an orientation is required as described in
          150.1007 of this title;
     
     (2)  exclude observations in the three weeks following the
          day of completion of the PDAS orientation for teachers
          new to the PDAS as described in 150.1007 of this title;
     
     (3)  exclude observations in the first three weeks of
          instruction in the school years when the PDAS orientation
          is not required pursuant to 150.1007 of this title;
          
     (4)  prohibit observations on the last day of instruction before
          any official school holiday or on any other day deemed
          inappropriate by the school district board of trustees; and
          
     (5)  indicate a period for summative annual conferences
          that ends no later than 15 working days before the
          last day of instruction for students.
     
(e)  During the appraisal period, the appraiser shall evaluate
     and document teacher performance specifically related to the
     domain criteria as identified in 150.1002(b) of this title
     (relating to Assessment of Teacher Performance).

(f)  The appraiser is responsible for documentation of the
     cumulative data identified in subsection (b)(5) of this
     section. Any third-party information from a source other
     than the teacher's supervisor that the appraiser wishes to
     include as cumulative data shall be verified and documented
     by the appraiser. Any documentation that will influence the
     teacher's summative annual appraisal report must be shared
     in writing with the teacher within ten working days of the
     appraiser's knowledge of the occurrence. The principal shall
     also be notified in writing when the appraiser is not the
     teacher's principal.

(g)  By mutual consent of the teacher and the appraiser, the
     required minimum of 45 minutes of observation may be
     conducted in shorter time segments. The time segments must
     aggregate to at least 45 minutes.

(h)  A written summative annual appraisal report shall be shared
     with the teacher no later than five working days before the
     summative conference and no later than 15 working days
     before the last day of instruction for students. The written
     summative annual appraisal report shall be placed in the
     teacher's personnel file by the end of the appraisal period.

(i)  Unless waived in writing by the teacher, a summative
     conference shall be held within a time frame specified on
     the school district calendar and no later than 15 working
     days before the last day of instruction for students. The
     summative conference shall focus on the written summative
     report and related data sources.

(j)  In cases where the appraiser is not an administrator on the
     teacher's campus, either the principal, assistant principal,
     or another supervisory staff member designated as an
     administrator on the campus will participate in the
     summative annual conference.

(k)  Any documentation collected after the summative conference
     but before the end of the contract term during one school
     year may be considered as part of the appraisal of a
     teacher. If the documentation affects the teacher's
     evaluation in any domain, another summative report shall be
     developed and another summative conference shall be held to
     inform the teacher of the change(s).

Source: The provisions of this 150.1003 adopted to be effective August 1, 1997, 22 TexReg 4200; amended to be effective April 15, 1999, 24 TexReg 2934.


150.1004. Teacher in Need of Assistance.

(a)  A teacher whose performance meets any of the following
     circumstances will be designated as a " teacher in need of
     assistance ":

     (1)  a teacher who is evaluated as unsatisfactory in one or
          more domains; or
     
     (2)  a teacher who is evaluated as below expectations in two
          or more domains.
     
(b)  When a teacher is designated as a teacher in need of
     assistance, the appraiser and/or the teacher's supervisor
     shall, in consultation with the teacher, develop an
     intervention plan that includes the following:

     (1)  domain(s) that designate a teacher as a teacher in need
          of assistance;
     
     (2)  directives or recommendations for professional
          improvement activities;
     
     (3)  evidence that is used to determine successful
          completion of professional improvement activities;
     
     (4)  directives for changes in teacher behavior;
     
     (5)  evidence that is used to determine if teacher behavior
          has changed; and
     
     (6)  specific time line for successful completion.
     
(c)  In cases when the teacher's appraiser is not the teacher's
     principal, the principal shall be involved in the
     development and evaluation of the intervention plan.

(d)  A teacher who has not met all requirements of the
     intervention plan for teachers in need of assistance by the
     time specified may be considered for separation from the
     assignment, campus, and/or district.

(e)  The intervention plan shall include options for professional
     development activities designed to enhance teacher
     proficiency. At least one option shall not place significant
     financial burden on either the teacher or the school
     district.

(f)  An intervention plan may be developed at any time at the
     discretion of the appraiser when the appraiser has
     documentation that would potentially produce an evaluation
     rating of "below expectations" or "unsatisfactory".

Source: The provisions of this 150.1004 adopted to be effective August 1, 1997, 22 TexReg 4200.


150.1005. Teacher Response and Appeals.

(a)  A teacher may submit a written response or rebuttal at the
     following times:

     (1)  after receiving a written observation summary, or any
          other written documentation associated with the
          teacher's appraisal; and/or
     
     (2)  after receiving a written summative annual appraisal
          report.
     
(b)  Any written response or rebuttal must be submitted within
     ten working days of receiving a written observation summary,
     a written summative annual appraisal report, or any other
     written documentation associated with the teacher's
     appraisal. At the discretion of the appraiser, the time
     period may be extended to 15 working days.

(c)  A teacher may request a second appraisal by another
     appraiser at the following times:

     (1)  after receiving a written observation summary with
          which the teacher disagrees; and/or
     
     (2)  after receiving a written summative annual appraisal
          report with which the teacher disagrees.
     
(d)  The second appraisal must be requested within ten working
     days of receiving a written observation summary or a written
     summative annual appraisal report. At the discretion of the
     appraiser, the time period may be extended to 15 working
     days.

(e)  A teacher may be given advance notice of the date or time of
     a second appraisal, but advance notice is not required.

(f)  The second appraiser shall appraise the teacher in all
     domains. The second appraiser shall make observations and
     walk-throughs as necessary to evaluate Domains I through V.
     The second appraiser shall use the Teacher Self-Report Form
     and cumulative data from the first appraisal to evaluate
     Domains VI through VIII. Cumulative data may also be used by
     the second appraiser to evaluate other domains.

(g)  Each school district shall adopt written procedures for a
     teacher to present grievances and receive written comments
     in response to the written annual report. Each district
     shall also adopt written procedures for determining the
     selection of second appraisers. These procedures shall be
     disseminated to each teacher at the time of employment and
     updated annually or as needed.

Source: The provisions of this 150.1005 adopted to be effective August 1, 1997, 22 TexReg 4200.


150.1006. Appraiser Qualifications.

(a)  The teacher-appraisal process requires at least one
     appraiser.

(b)  The teacher's supervisor shall conduct the teacher's
     appraisal and must hold a superintendent, mid-management
     (principal), or supervisor certification, or must hold
     comparable certificates established by the State Board for
     Educator Certification. An appraiser other than the
     teacher's supervisor must be approved by the school district
     board of trustees, hold a valid teaching certificate, and
     have at least three years of prekindergarten, elementary, or
     secondary teaching experience.

(c)  An appraiser who is a classroom teacher may not appraise the
     performance of another classroom teacher who teaches at the
     same school campus at which the appraiser teaches, unless it
     is impractical because of the number of campuses or unless
     the appraiser is the chair of a department or grade-level
     whose job description includes classroom observation
     responsibilities.

(d)  Before conducting an appraisal, an appraiser must be
     certified by having satisfactorily completed uniform
     appraiser training, including required Instructional
     Leadership Training (ILT), with a trainer and curriculum
     approved by the commissioner of education. Periodic
     recertification and training shall be required.

     (1)  Educators certified as appraisers for the Texas Teacher
          Appraisal System (TTAS) before January 1997 shall be
          required to take only the Professional Development and
          Appraisal System (PDAS) training to qualify as a
          certified appraiser for the new system.
     
     (2)  Educators seeking certification as an appraiser for the
          PDAS after January 1, 1997, holding no prior TTAS
          certification, shall be required to complete the ILT
          and the PDAS training.

Source: The provisions of this 150.1006 adopted to be effective August 1, 1997, 22 TexReg 4200.


150.1007. Teacher Orientation.

(a)  A school district shall ensure that all teachers are
     provided with an orientation of the Professional Development
     and Appraisal System (PDAS) no later than the final day of
     the first three weeks of school and at least three weeks
     before the first observation.

     (1)  Additional orientations shall be provided any time
          substantial changes occur in the PDAS.
     
     (2)  A teacher new to the district shall be provided with an
          orientation of the PDAS at least three weeks before the
          teacher's first observation.
     
(b)  Teachers' orientation shall include materials approved by
     the commissioner of education. These materials shall include
     all state and local appraisal policies, the local appraisal
     calendar, and information on the requirements for the
     completion of the Teacher Self-Report Form. In addition to
     the orientation, campuses may hold other sessions sufficient
     in length allowing teachers to actively participate in a
     discussion of the PDAS specifics and to have their questions
     answered.

Source: The provisions of this 150.1007 adopted to be effective August 1, 1997, 22 TexReg 4200.


150.1008. Training of Teacher Participants.

(a)  In the initial year of adoption and implementation of the
     Professional Development and Appraisal System (PDAS),
     selected teachers from each campus shall be given the
     opportunity to participate in the appraisal training for
     purposes of disseminating information to colleagues on their
     campus and assisting, at the discretion of the principal, in
     the orientation of all campus teachers. These teachers shall
     be designated as appraisal-orientation facilitators.

     (1)  Each campus shall offer the opportunity to participate
          in appraisal training to a number of teachers equal to
          the number of campus administrators; however, each
          campus shall have at least one teacher participant.
     
     (2)  The principal shall select representative teachers from
          nominations submitted by the site-based decision making
          (SBDM) committee created in accordance with Texas
          Education Code, 11.251. The principal may select
          representatives other than those nominated by the SBDM
          committee when nominated teachers are unable to attend
          appraisal training.
     
     (3)  Each school district shall pay the training fees for
          its teachers attending the PDAS appraisal training.
     
(b)  School districts and regional education service centers
     shall make available additional training for teachers as
     part of the district's and education service center's menu
     of professional development opportunities. All teachers are
     eligible to participate in appraisal and/or Instructional
     Leadership Training at their own expense. Executive
     directors of regional education service centers may
     prescribe appropriate registration fees to offset the cost
     of providing these services.

Source: The provisions of this 150.1008 adopted to be effective August 1, 1997, 22 TexReg 4200.


150.1009. Alternatives to the Commissioner's Recommended Appraisal System.

(a)  District option. Beginning with the 1997-1998 school year, a
     school district not wanting to use the commissioner's
     recommended Professional Development and Appraisal System
     must develop its own teacher-appraisal system supported by
     locally adopted policy and procedures and by the processes
     outlined in Texas Education Code (TEC), 21.352. The Texas
     Teacher Appraisal System (TTAS) is no longer a state-
     recommended system; however, it may become a local option
     governed by the process outlined in TEC, 21.352. If adopted
     as a local option, the TTAS must be modified to comply with
     TEC, 21.351(a)(1) and (2).

     (1)  The school district-level planning and decision-making
          committee shall:
     
          (A)  develop an appraisal process;
          
          (B)  develop evaluation criteria, including discipline
               management and performance of the teachers'
               students; and
          
          (C)  consult with the campus planning and decision-
               making committee on each campus in the school
               district.
          
     (2)  The appraisal process shall include:
     
          (A)  at least one appraisal each year;
          
          (B)  a conference between the teacher and the appraiser
               that is diagnostic and prescriptive with regard to
               remediation needed in overall performance by
               category; and
          
          (C)  criteria based on observable, job-related
               behavior, including:
          
               (i)    teachers' implementation of discipline
                      management procedures; and
               
               (ii)   performance of the teachers' students.
               
     (3)  The school district-level planning and decision-making
          committee shall submit the appraisal process and
          criteria to the superintendent, who shall submit the
          appraisal process and criteria to the school district
          board of trustees with a recommendation to accept or
          reject. The school district board of trustees may
          accept or reject an appraisal process and performance
          criteria, with comments, but may not modify the process
          or criteria.
     
(b)  Campus option. A campus within a school district may choose
     to develop a local system as provided in this section.

     (1)  The campus planning and decision-making committee
     shall:
     
          (A)  develop an appraisal process;
          
          (B)  develop evaluation criteria, including discipline
               management and performance of the teachers'
               students; and
          
          (C)  submit the process and criteria to the district-
               level planning and decision-making committee.
          
     (2)  The appraisal process shall include:
     
          (A)  at least one appraisal each year;
          
          (B)  a conference between the teacher and the appraiser
               that is diagnostic and prescriptive with regard to
               remediation needed in overall performance by
               category; and
          
          (C)  criteria based on observable, job-related
               behavior, including:
          
               (i)    teachers' implementation of discipline
                      management procedures; and
               
               (ii)   performance of the teachers' students.
               
     (3)  Upon submission of the appraisal process and criteria
          to the school district-level planning and decision-
          making committee, the committee shall make a
          recommendation to accept or reject the appraisal
          process and criteria and transmit that recommendation
          to the superintendent.
     
     (4)  The superintendent shall submit the recommended campus
          appraisal process and criteria, the school district-
          level planning and decision-making committee's
          recommendation, and the superintendent's recommendation
          to the school district board of trustees. The school
          district board of trustees may accept or reject, with
          comments, an appraisal process and performance
          criteria, but may not modify the process or criteria.

Source: The provisions of this 150.1009 adopted to be effective August 1, 1997, 22 TexReg 4200.


150.1010. District Notification to Regional Education Service Center.

     For purposes of providing training and support, the
     superintendent shall notify the executive director of the
     regional education service center of the district's choice
     of appraisal system(s) by a time designated by the
     commissioner of education.

Source: The provisions of this 150.1010 adopted to be effective August 1, 1997, 22 TexReg 4200.