Connecticut 2023 Regular Session

Connecticut House Bill HB06757 Latest Draft

Bill / Comm Sub Version Filed 04/13/2023

                             
 
LCO    \\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06757-R01-
HB.docx  
1 of 12 
  
General Assembly  Substitute Bill No. 6757  
January Session, 2023 
 
 
 
 
 
AN ACT CONCERNING TEACHER PERFORMANCE EVALUATIONS.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 10-151b of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective July 1, 2024): 2 
(a) The superintendent of each local or regional board of education 3 
shall annually evaluate or cause to be evaluated each teacher, and for 4 
the school year commencing July 1, 2013, and each school year 5 
thereafter, such annual evaluations shall be the teacher evaluation and 6 
support program adopted pursuant to subsection (b) of this section. 7 
The superintendent may conduct additional formative evaluations 8 
toward producing an annual summative evaluation. An evaluation 9 
pursuant to this subsection shall include, but need not be limited to, 10 
strengths, areas needing improvement, strategies for improvement and 11 
multiple indicators of student academic growth. Claims of failure to 12 
follow the established procedures of such teacher evaluation and 13 
support program shall be subject to the grievance procedure in 14 
collective bargaining agreements negotiated subsequent to July 1, 2004. 15 
In the event that a teacher does not receive a summative evaluation 16 
during the school year, such teacher shall [receive a "not rated" 17 
designation for such school year] be recorded as not evaluated. The 18 
superintendent shall report (1) the status of teacher evaluations to the 19 
local or regional board of education on or before June first of each year, 20  Substitute Bill No. 6757 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06757-
R01-HB.docx }   
2 of 12 
 
and (2) the status of the implementation of the teacher evaluation and 21 
support program, including the frequency of evaluations, [aggregate 22 
evaluation ratings,] the number of teachers who have not been 23 
evaluated and other requirements as determined by the Department of 24 
Education, to the Commissioner of Education on or before September 25 
fifteenth of each year. For purposes of this section, the term "teacher" 26 
shall include each professional employee of a board of education, 27 
below the rank of superintendent, who holds a certificate or permit 28 
issued by the State Board of Education. 29 
(b) [Except as provided in subsection (d) of this section, not] Not 30 
later than September 1, [2013] 2024, each local and regional board of 31 
education shall adopt and implement a teacher evaluation and support 32 
program that is consistent with the guidelines for a [model] teacher 33 
evaluation and support program adopted by the State Board of 34 
Education, pursuant to subsection (c) of this section. Such teacher 35 
evaluation and support program shall be developed through mutual 36 
agreement between the local or regional board of education and the 37 
professional development and evaluation committee for the school 38 
district, established pursuant to subsection (b) of section 10-220a. If a 39 
local or regional board of education is unable to develop a teacher 40 
evaluation and support program through mutual agreement with such 41 
professional development and evaluation committee, then such board 42 
of education and such professional development and evaluation 43 
committee shall consider the model teacher evaluation and support 44 
program adopted by the State Board of Education, pursuant to 45 
subsection (c) of this section, and such board of education may adopt, 46 
through mutual agreement with such professional development and 47 
evaluation committee, such model teacher evaluation and support 48 
program. If a local or regional board of education and the professional 49 
development and evaluation committee are unable to mutually agree 50 
on the adoption of such model teacher evaluation and support 51 
program, then such board of education shall adopt and implement a 52 
teacher evaluation and support program developed by such board of 53 
education, provided such teacher evaluation and support program is 54  Substitute Bill No. 6757 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06757-
R01-HB.docx }   
3 of 12 
 
consistent with the guidelines adopted by the State Board of 55 
Education, pursuant to subsection (c) of this section. [Each local and 56 
regional board of education may commence implementation of the 57 
teacher evaluation and support program adopted pursuant to this 58 
subsection in accordance with a teacher evaluation and support 59 
program implementation plan adopted pursuant to subsection (d) of 60 
this section.] 61 
(c) (1) On or before July 1, [2012] 2025, the State Board of Education 62 
shall adopt, in consultation with the Performance Evaluation Advisory 63 
Council established pursuant to section 10-151d, as amended by this 64 
act, guidelines for a [model] teacher evaluation and support program. 65 
Such guidelines shall include, but not be limited to, (A) [the use of four 66 
performance evaluations designators: Exemplary, proficient, 67 
developing and below standard; (B)] the use of multiple indicators of 68 
student [academic] learning, growth and [development] achievement 69 
in teacher evaluations; [(C)] (B) methods for assessing student 70 
[academic] learning, growth and [development; (D)] achievement; (C) 71 
a consideration of control factors tracked by the state-wide public 72 
school information system, pursuant to subsection (c) of section 10-10a, 73 
that may influence teacher performance, [ratings,] including, but not 74 
limited to, student characteristics, student attendance and student 75 
mobility; [(E)] (D) minimum requirements for teacher evaluation 76 
instruments and procedures, including [scoring systems to determine 77 
exemplary, proficient, developing and below standard ratings; (F)] an 78 
annual summary of teacher growth provided by the evaluator; (E) the 79 
development and implementation of periodic training programs 80 
regarding the teacher evaluation and support program to be offered by 81 
the local or regional board of education or regional educational service 82 
center for the school district to teachers who are employed by such 83 
local or regional board of education and whose performance is being 84 
evaluated and to administrators who are employed by such local or 85 
regional board of education and who are conducting performance 86 
evaluations; [(G)] (F) the provision of professional development 87 
services based on the individual or group of individuals' needs that are 88  Substitute Bill No. 6757 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06757-
R01-HB.docx }   
4 of 12 
 
identified through the evaluation process; [(H)] (G) the creation of 89 
individual teacher improvement and remediation plans for teachers 90 
[whose performance is developing or below standard] who require 91 
additional support, designed in consultation with such teacher and his 92 
or her exclusive bargaining representative for certified teachers chosen 93 
pursuant to section 10-153b, and that (i) identify resources, support 94 
and other strategies to be provided by the local or regional board of 95 
education to address documented deficiencies, (ii) indicate a timeline 96 
for implementing such resources, support, and other strategies, in the 97 
course of the same school year as the plan is issued, and (iii) include 98 
indicators of success [including a summative rating of proficient or 99 
better] immediately at the conclusion of the improvement and 100 
remediation plan; [(I)] (H) opportunities for career development and 101 
professional growth; and [(J)] (I) a validation procedure to audit 102 
[evaluation ratings of exemplary or below standard] remediation plans 103 
by the department or a third-party entity approved by the department. 104 
(2) (A) The State Board of Education [shall, following the 105 
completion of the teacher evaluation and support pilot program, 106 
pursuant to section 10-151f, and the submission of the study of such 107 
pilot program, pursuant to section 10-151g, review and] may revise, as 108 
necessary, the guidelines for a [model] teacher evaluation and support 109 
program and the model teacher evaluation and support program 110 
adopted under [this subsection] subparagraph (B) of this subdivision. 111 
(B) The State Board of Education shall adopt a model teacher 112 
evaluation and support program that may be used by local and 113 
regional boards of education. Such model teacher evaluation and 114 
support program shall be consistent with the guidelines described in 115 
subdivision (1) of this subsection. 116 
(d) [A local or regional board of education may phase in full 117 
implementation of the teacher evaluation and support program 118 
adopted pursuant to subsection (b) of this section during the school 119 
years commencing July 1, 2013, and July 1, 2014, pursuant to a teacher 120 
evaluation and support program implementation plan adopted by the 121  Substitute Bill No. 6757 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06757-
R01-HB.docx }   
5 of 12 
 
State Board of Education, in consultation with the Performance 122 
Evaluation Advisory Council, not later than July 1, 2013.] The 123 
Commissioner of Education may waive the provisions of subsection 124 
(b) of this section [and the implementation plan provisions of this 125 
subsection] for any local or regional board of education that has 126 
expressed an intent, not later than July 1, [2013] 2024, to adopt a 127 
teacher evaluation program for which such board requests a waiver in 128 
accordance with this subsection. 129 
Sec. 2. Section 10-151d of the general statutes is repealed and the 130 
following is substituted in lieu thereof (Effective July 1, 2023): 131 
(a) There is established a Performance Evaluation Advisory Council 132 
within the Department of Education. Membership of the council shall 133 
consist of: (1) The Commissioner of Education and the president of the 134 
Connecticut State Colleges and Universities, or their designees, (2) one 135 
representative from each of the following associations, designated by 136 
the association, the Connecticut Association of Boards of Education, 137 
the Connecticut Association of Public School Superintendents, the 138 
Connecticut Federation of School Administrators, the Connecticut 139 
Education Association, the American Federation of Teachers -140 
Connecticut, the Connecticut Association of School Administrators and 141 
the Connecticut Association of Schools, (3) a representative from the 142 
Task Force to Diversify the Educator Workforce, established pursuant 143 
to section 10-156aa, designated by the chairpersons of said task force, 144 
and (4) persons selected by the Commissioner of Education who shall 145 
include, but need not be limited to, teachers, persons with expertise in 146 
performance evaluation processes and systems, and any other person 147 
the commissioner deems appropriate. 148 
(b) The council shall be responsible for (1) assisting the State Board 149 
of Education in the development of [(A)] guidelines for a [model] 150 
teacher evaluation and support program, and [(B) a model teacher 151 
evaluation and support program, pursuant to subsection (c) of section 152 
10-151b,] (2) the data collection and evaluation support system, 153 
pursuant to subsection (c) of section 10-10a. [, and (3) assisting the 154  Substitute Bill No. 6757 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06757-
R01-HB.docx }   
6 of 12 
 
State Board of Education in the development of a teacher evaluation 155 
and support program implementation plan, pursuant to subsection (e) 156 
of section 10-151b.] The council shall meet at least quarterly. The 157 
council shall collaborate with the Task Force to Diversify the Educator 158 
Workforce, established pursuant to section 10-156aa, to focus on issues 159 
concerning equity and closing the achievement gap, as defined in 160 
section 10-14u. 161 
(c) On and after July 1, 2018, the council shall, in collaboration with 162 
the [minority teacher recruitment task force] Task Force to Diversify 163 
the Educator Workforce, incorporate into the work of the council 164 
strategies and a framework for educators to be effective in closing the 165 
achievement gap and in increasing educational opportunities. 166 
Sec. 3. Section 10-151h of the general statutes is repealed and the 167 
following is substituted in lieu thereof (Effective July 1, 2023): 168 
(a) Upon the implementation of the teacher evaluation and support 169 
program adopted pursuant to subsection (b) of section 10-151b, as 170 
amended by this act, each local and regional board of education shall 171 
conduct training programs for all evaluators and orientation for all 172 
teachers employed by such board relating to the provisions of such 173 
teacher evaluation and support program adopted by such board of 174 
education. Such training shall provide instruction to evaluators in how 175 
to conduct proper performance evaluations prior to conducting an 176 
evaluation under the teacher evaluation and support program. Such 177 
orientation shall be completed by each teacher before a teacher 178 
receives an evaluation under the teacher evaluation and support 179 
program. For purposes of this section, "teacher" includes each 180 
professional employee of a board of education, below the rank of 181 
superintendent, who holds a certificate or permit issued by the State 182 
Board of Education. 183 
(b) For the school year commencing July 1, [2014] 2023, and each 184 
school year thereafter, each local and regional board of education shall 185 
(1) conduct the training programs and orientation described in 186  Substitute Bill No. 6757 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06757-
R01-HB.docx }   
7 of 12 
 
subsection (a) of this section at least [biennially] annually to all 187 
evaluators and teachers employed by such board, (2) conduct such 188 
training programs for all new evaluators prior to any evaluations 189 
conducted by such evaluators, and (3) provide such orientation to all 190 
new teachers hired by such board before such teachers receive an 191 
evaluation. 192 
Sec. 4. Subsection (i) of section 10-145a of the general statutes is 193 
repealed and the following is substituted in lieu thereof (Effective July 194 
1, 2023): 195 
(i) On and after July 1, 2016, any program of teacher preparation 196 
leading to professional certification shall require, as part of the 197 
curriculum, clinical experience, field experience or student teaching 198 
experience in a classroom during four semesters of such program of 199 
teacher preparation. Such clinical experience, field experience or 200 
student teaching experience shall occur: (1) In a school district that has 201 
been categorized by the Department of Education as District Reference 202 
Group A, B, C, D or E, and (2) in a school district that has been 203 
categorized by the department as District Reference Group F, G, H or I. 204 
Such clinical experience, field experience or student teaching 205 
experience may include a cooperating teacher serving as a mentor to 206 
student teachers. [, provided such cooperating teacher has received a 207 
performance evaluation designation of exemplary or proficient, 208 
pursuant to section 10-151b, for the prior school year.] 209 
Sec. 5. Subsection (c) of section 10-223h of the general statutes is 210 
repealed and the following is substituted in lieu thereof (Effective July 211 
1, 2023): 212 
(c) Following the establishment of a turnaround committee, the 213 
Department of Education shall conduct, in consultation with the local 214 
or regional board of education for a school selected to participate in the 215 
commissioner's network of schools, the school governance council for 216 
such school and such turnaround committee, an operations and 217 
instructional audit, as described in subparagraph (A) of subdivision (2) 218  Substitute Bill No. 6757 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06757-
R01-HB.docx }   
8 of 12 
 
of subsection (e) of section 10-223e, for such school. Such operations 219 
and instructional audit shall be conducted pursuant to guidelines 220 
issued by the department and shall determine the extent to which the 221 
school (1) has established a strong family and community connection 222 
to the school; (2) has a positive school environment, as evidenced by a 223 
culture of high expectations, a safe and orderly workplace, and that 224 
address other nonacademic factors that impact student achievement, 225 
such as students' social, emotional, arts, cultural, recreational and 226 
health needs; (3) has effective leadership, as evidenced by the school 227 
principal's performance appraisals, track record in improving student 228 
achievement, ability to lead turnaround efforts, and managerial skills 229 
and authority in the areas of scheduling, staff management, 230 
curriculum implementation and budgeting; (4) has effective teachers 231 
and support staff as evidenced by performance evaluations, policies to 232 
retain staff determined to be effective and who have the ability to be 233 
successful in the turnaround effort, policies to prevent ineffective 234 
teachers from transferring to the schools, and job-embedded, ongoing 235 
professional development informed by the teacher evaluation and 236 
support programs that are tied to teacher and student needs; (5) uses 237 
time effectively as evidenced by the redesign of the school day, week, 238 
or year to include additional time for student learning and teacher 239 
collaboration; (6) has a curriculum and instructional program that is 240 
based on student needs, is research-based, rigorous and aligned with 241 
state academic content standards, and serves all children, including 242 
students at every achievement level; and (7) uses evidence to inform 243 
decision-making and for continuous improvement, including by 244 
providing time for collaboration on the use of data. Such operations 245 
and instructional audit shall be informed by an inventory of the 246 
following: (A) Before and after school programs, (B) any school-based 247 
health centers, family resource centers or other community services 248 
offered at the school, including, but not limited to, social services, 249 
mental health services and parenting support programs, (C) whether 250 
scientific research-based interventions are being fully implemented at 251 
the school, (D) resources for scientific research-based interventions 252 
during the school year and summer school programs, (E) resources for 253  Substitute Bill No. 6757 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06757-
R01-HB.docx }   
9 of 12 
 
gifted and talented students, (F) the length of the school day and the 254 
school year, (G) summer school programs, (H) alternative education, 255 
as defined in section 10-74j, if any, offered to students at the school, (I) 256 
the number of teachers employed at the school and the number of 257 
teachers who have left the school in each of the previous three school 258 
years, (J) student mobility, including the number of students who have 259 
been enrolled in and left the school, (K) the number of students whose 260 
primary language is not English, (L) the number of students receiving 261 
special education services, (M) the number of truants, (N) the number 262 
of students who are eligible for free or reduced price lunches, (O) the 263 
number of students who are eligible for HUSKY A, (P) the curricula 264 
used at the school, (Q) the reading curricula and programs for 265 
kindergarten to grade three, inclusive, if any, at the school, (R) arts and 266 
music programs offered at the school, (S) physical education programs 267 
offered and periods for recess or physical activity, (T) the number of 268 
school psychologists at the school and the ratio of school psychologists 269 
to students at the school, (U) the number of social workers at the 270 
school and the ratio of social workers to students at the school, (V) the 271 
teacher and administrator performance evaluation program, including 272 
the frequency of performance evaluations, how such evaluations are 273 
conducted and by whom, the standards for performance ratings and 274 
follow-up and remediation plans and the [aggregate] results of teacher 275 
performance evaluation ratings conducted pursuant to section 10-151b, 276 
as amended by this act, and any other available measures of teacher 277 
effectiveness, (W) professional development activities and programs, 278 
(X) teacher and student access to technology inside and outside of the 279 
classroom, (Y) student access to and enrollment in mastery test 280 
preparation programs, (Z) the availability of textbooks, learning 281 
materials and other supplies, (AA) student demographics, including 282 
race, gender and ethnicity, (BB) chronic absenteeism, and (CC) 283 
preexisting school improvement plans, for the purpose of (i) 284 
determining why such school improvement plans have not improved 285 
student academic performance, and (ii) identifying governance, legal, 286 
operational, staffing or resource constraints that contributed to the lack 287 
of student academic performance at such school and should be 288  Substitute Bill No. 6757 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06757-
R01-HB.docx }   
10 of 12 
 
addressed, modified or removed for such school to improve student 289 
academic performance. 290 
Sec. 6. Subsection (d) of section 10-262u of the general statutes is 291 
repealed and the following is substituted in lieu thereof (Effective July 292 
1, 2023): 293 
(d) The local or regional board of education for a town designated 294 
as an alliance district may apply to the Commissioner of Education, at 295 
such time and in such manner as the commissioner prescribes, to 296 
receive any increase in funds received over the amount the town 297 
received for the prior fiscal year pursuant to subsection (a) of section 298 
10-262i. Applications pursuant to this subsection shall include 299 
objectives and performance targets and a plan that are developed, in 300 
part, on the strategic use of student academic performance data. Such 301 
plan may include, but not be limited to, the following: (1) A tiered 302 
system of interventions for the schools under the jurisdiction of such 303 
board based on the needs of such schools, (2) ways to strengthen the 304 
foundational programs in reading, through the intensive reading 305 
instruction program pursuant to section 10-14u, to ensure reading 306 
mastery in kindergarten to grade three, inclusive, with a focus on 307 
standards and instruction, proper use of data, intervention strategies, 308 
current information for teachers, parental engagement, and teacher 309 
professional development, (3) additional learning time, including 310 
extended school day or school year programming administered by 311 
school personnel or external partners, (4) a talent strategy that 312 
includes, but is not limited to, teacher and school leader recruitment 313 
and assignment, career ladder policies that draw upon guidelines for a 314 
[model] teacher evaluation program adopted by the State Board of 315 
Education, pursuant to section 10-151b, as amended by this act, and 316 
adopted by each local or regional board of education. Such talent 317 
strategy may include provisions that demonstrate increased ability to 318 
attract, retain, promote and bolster the performance of staff in 319 
accordance with performance evaluation findings and, in the case of 320 
new personnel, other indicators of effectiveness, (5) training for school 321  Substitute Bill No. 6757 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06757-
R01-HB.docx }   
11 of 12 
 
leaders and other staff on new teacher evaluation models, (6) 322 
provisions for the cooperation and coordination with early childhood 323 
education providers to ensure alignment with district expectations for 324 
student entry into kindergarten, including funding for an existing local 325 
Head Start program, (7) provisions for the cooperation and 326 
coordination with other governmental and community programs to 327 
ensure that students receive adequate support and wraparound 328 
services, including community school models, (8) provisions for 329 
implementing and furthering state-wide education standards adopted 330 
by the State Board of Education and all activities and initiatives 331 
associated with such standards, (9) strategies for attracting and 332 
recruiting minority teachers and administrators, (10) provisions for the 333 
enhancement of bilingual education programs, pursuant to section 10-334 
17f, or other language acquisition services to English language 335 
learners, including, but not limited to, participation in the English 336 
language learner pilot program, established pursuant to section 10-17n, 337 
(11) entering into the model school district responsibilities agreement, 338 
described in section 10-223l, (12) leadership succession plans that 339 
provide training and learning opportunities for administrators and are 340 
designed to assist in the seamless transition of school and district 341 
personnel in and out of leadership positions in the school district and 342 
the continuous implementation of plans developed under this 343 
subsection, (13) implementing the policy adopted pursuant to section 344 
10-223m to improve completion rates of the Free Application for 345 
Federal Student Aid by students enrolled in grade twelve in a high 346 
school under the jurisdiction of such board or students enrolled in an 347 
adult education program maintained by such board pursuant to 348 
section 10-69, and, as applicable, the parent and guardians of such 349 
students, and (14) any additional categories or goals as determined by 350 
the commissioner. Such plan shall demonstrate collaboration with key 351 
stakeholders, as identified by the commissioner, with the goal of 352 
achieving efficiencies and the alignment of intent and practice of 353 
current programs with conditional programs identified in this 354 
subsection. The commissioner may (A) require changes in any plan 355 
submitted by a local or regional board of education before the 356  Substitute Bill No. 6757 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06757-
R01-HB.docx }   
12 of 12 
 
commissioner approves an application under this subsection, and (B) 357 
permit a local or regional board of education, as part of such plan, to 358 
use a portion of any funds received under this section for the purposes 359 
of paying tuition charged to such board pursuant to subdivision (1) of 360 
subsection (k) of section 10-264l or subsection (b) of section 10-264o. 361 
Sec. 7. Sections 10-151f and 10-151g of the general statutes are 362 
repealed. (Effective July 1, 2023) 363 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2024 10-151b 
Sec. 2 July 1, 2023 10-151d 
Sec. 3 July 1, 2023 10-151h 
Sec. 4 July 1, 2023 10-145a(i) 
Sec. 5 July 1, 2023 10-223h(c) 
Sec. 6 July 1, 2023 10-262u(d) 
Sec. 7 July 1, 2023 Repealer section 
 
Statement of Legislative Commissioners:   
In Section 1(c)(2)(A), "guidelines for a model teacher evaluation and 
support program" was changed to "guidelines for a [model] teacher 
evaluation and support program" for consistency, and "this subsection" 
was changed to "[this subsection] subparagraph (B) of this 
subdivision" for accuracy. 
 
ED Joint Favorable Subst.