HLS 14RS-1029 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 890
BY REPRESENTATIVE JOHNSON
TEACHERS/EVALUATION: Provides relative to the evaluation of teachers and
administrators
AN ACT1
To amend and reenact R.S. 17:3881(A) and 3883(A)(1), (2), (6)(a)(introductory paragraph),2
(c), and (d) and (B)(3) and to enact R.S. 17:3883(A)(5)(d) and (e) and (6)(a)(x),3
relative to the evaluation of teachers and administrators; to provide relative to4
legislative intent; to provide relative to the powers and duties of the State Board of5
Elementary and Secondary Education; to require that the state board report certain6
information annually to the House Committee on Education and the Senate7
Committee on Education; to provide for state board rules relative to evaluation8
ratings and grievance procedures; to provide for an advisory committee; and to9
provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 17:3881(A) and 3883(A)(1), (2), (6)(a)(introductory paragraph), (c),12
and (d) and (B)(3) are hereby amended and reenacted and R.S. 17:3883(A)(5)(d) and (e) and13
(6)(a)(x) are hereby enacted to read as follows:14
§3881. Purpose and legislative intent15
A.(1) It is the purpose of this Part to establish periodic evaluations of16
performance and effectiveness, based in part on growth in student achievement using17
a value-added assessment model as determined by the board, and continuous18
professional development as integral aspects of professional careers in education that19 HLS 14RS-1029 ORIGINAL
HB NO. 890
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is measured using methods and statistical models that have been proven to be valid1
and reliable through legitimate research.2
(2) It is the intent of legislature that all measurements of growth in student3
achievement be calculated and determined in a manner that is fully demonstrated to4
the public, which demonstration shall include the release of all statistical models5
used to calculate student growth.6
* * *7
§3883. State Board of Elementary and Secondary Education; powers and duties8
A. The board shall:9
(1)(a) Establish the components of effective teaching, including measures10
of effectiveness, which shall be periodically reviewed and revised as necessary.11
(b) Present the following to the House Committee on Education and the12
Senate Committee on Education, meeting jointly, at least sixty days prior to the13
beginning of each regular session of the legislature:14
(i) Any proposed changes to measures of effectiveness. The board shall also15
report to such committees, meeting jointly, prior to any board vote on the proposed16
changes.17
(ii) A report of the number of adjustments, amendments, or invalidations of18
effectiveness ratings and their corresponding reasons.19
(2) Develop, adopt, and promulgate, in accordance with the Administrative20
Procedure Act, all rules necessary for the implementation of this Part. Such rules21
shall provide, at minimum, for the following:22
(a) No teacher or administrator shall be given a performance rating of23
effective or ineffective based solely on one portion of the evaluation conducted24
pursuant to this Subpart C of this Part.25
(b) The grievance procedure requirements provided in Paragraph (5) of this26
Subsection.27
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(5) Develop and adopt grievance procedure requirements for any teacher or1
administrator aggrieved by any rating by a local board which results from the2
implementation of this Part. Such requirements shall contain, at a minimum,3
provisions for the following:4
* * *5
(d) A uniform system for receiving district and teacher requests for score6
amendment, score adjustment, and invalidation of any part of the effectiveness rating7
system, including value-added data, other measurements of student growth, and8
on-site observation data. All data shall be preserved for use in considering further9
adjustments to calculation of scores and in considering whether due process has been10
provided. There shall be a uniform method and time line for responding to such11
requests.12
(e) That employee shall have the right to receive proof by documentation of13
any item contained in the evaluation that the employe e believes to be inaccurate,14
invalid, or misrepresented. Any information proven to be inaccurate or invalid in the15
written documentation shall be removed and stricken from the employee's personnel16
file. If such documentation is not presented, such items shall be removed from the17
evaluation record and shall not be the basis of any decision regarding certification18
or action to be taken against the employee.19
(6)(a) Require the state superintendent of education to appoint and convene20
an Educator Evaluation Advisory Committee to make recommendations to the board21
regarding the development of a value-added assessment model, the identification22
proper method of measures of setting student growth goals for grades and subjects23
for which value-added data is are not available and for personnel for whom value-24
added data is not available, and the adoption of standards of effectiveness. The25
membership of the advisory committee shall be approved by the board, and at least26
fifty percent of the membership shall be comprised of practicing classroom27
educators. The advisory committee shall include but not be limited to at least two28 HLS 14RS-1029 ORIGINAL
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parents of public school students and the following groups or organizations as1
follows:2
* * *3
(x) One member appointed by the Louisiana School Boards Association.4
* * *5
(c) The initial meeting of the committee shall be held not later than6
September 30, 2010 August 30, 2014.7
(d) The committee shall submit its initial recommendations to the board and8
the Senate and House committees on education by not later than April 30, 20129
February 28, 2015.10
* * *11
B. The board may:12
* * *13
(3) Continue to develop, test, and recommend changes in order to improve14
the process and content of professional evaluation with input from appropriate15
educator groups.16
* * *17
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Johnson HB No. 890
Abstract: Provides relative to the evaluation of teachers and administrators, including
BESE's powers and duties with respect to rules and reports to the legislature, and
provides for reappointing an advisory committee to make certain recommendations
relative to such evaluations.
Purpose & legislative intent
Present law provides that its purpose relative to the evaluation of teachers and administrators
is to establish periodic evaluations of performance and effectiveness and continuous
professional development as integral aspects of professional careers in education. Proposed
law retains the purpose of establishing periodic evaluations of performance and effectiveness
and otherwise deletes present law.
Present law provides that such evaluations shall be based in part on growth in student
achievement using a value-added assessment model (commonly known as VAM) as HLS 14RS-1029 ORIGINAL
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determined by the State Board of Elementary and Secondary Education (BESE). Proposed
law retains basing evaluations in part on such growth but instead provides for measurement
using methods and statistical models proven valid and reliable through legitimate research.
Adds that it is the legislature's intent that such measurements be calculated and determined
in a manner that is fully demonstrated to the public including release of all statistical models
used.
BESE powers and duties
Present law requires BESE to establish the components of effective teaching, including
measures of effectiveness, which are periodically reviewed and revised as necessary.
Proposed law deletes the requirement about periodic review and revision and further requires
BESE to present the following to the House and Senate education committees, meeting
jointly, at least 60 days before the beginning of each regular legislative session:
(1)Any proposed changes to measures of effectiveness. (Also requires BESE to report
to such committees prior to any BESE vote on the proposed changes.)
(2)A report of the number of adjustments, amendments, or invalidations of effectiveness
ratings and their corresponding reasons.
Present law requires BESE to develop, adopt, and promulgate rules for present law
implementation. Proposed law specifically requires that these rules provide, at minimum,
for the following:
(1)A prohibition against any teacher or administrator being given a performance rating
of effective or ineffective based solely on one portion of his evaluation.
(2)The grievance procedure requirements provided in present law and proposed law.
Present law requires BESE to develop and adopt grievance procedure requirements for any
teacher or administrator aggrieved by an effectiveness rating. Proposed law additionally
requires that such procedures provide the following:
(1)That there be a uniform system for receiving requests for score amendment, score
adjustment, and invalidation of any part of the effectiveness rating system, including
value-added data, other measurements of student growth, and on-site observation
data. All data shall be preserved for use in considering further adjustments to
calculation of scores and in considering whether due process has been provided.
Requires a uniform method and time line for responding to such requests.
(2)The right of the employee to receive proof of any item contained in the evaluation
that he believes to be inaccurate, invalid, or misrepresented. Information proven to
be inaccurate or invalid in the written documentation be removed and stricken from
the employee's personnel file. Requires, if documentation is not presented, that such
items be removed from the evaluation record and prohibits them from being the basis
of decisions regarding certification or action taken against the employee.
Present law authorizes BESE to continue to develop, test, and improve the process and
content of professional evaluation with input from appropriate educator groups. Proposed
law also authorizes BESE to continue to recommend changes in order to improve such
process and content. HLS 14RS-1029 ORIGINAL
HB NO. 890
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are additions.
Educator Evaluation Advisory Committee
Present law provides for the appointment and convening by the state superintendent of an
Educator Evaluation Advisory Committee to make recommendations to BESE and the House
and Senate education committees by April 30, 2012, on the following:
(1)Development of a value-added assessment model.
(2)Identification of measures of student growth for grades, subjects, and personnel for
which value-added data are not available.
(3)Adoption of standards of effectiveness.
Proposed law provides for the reappointment and reconvening of this committee, the holding
of its first meeting by Aug. 30, 2014, and its submission of recommendations to BESE and
such committees by Feb. 28, 2015. Deletes present law recommendation requirements and
instead requires recommendations regarding the proper method of setting student growth
goals for grades and subjects for which value-added data are not available.
Present law provides for a committee membership of at least 50% practicing classroom
educators; at least two parents of public school students; two members of each legislative
education committee appointed by the respective chairmen; one member appointed by each
BESE member; and one member appointed by the Assoc. Professional Educators of La., La.
Assoc. of Educators, La. Federation of Teachers, La. Assoc. of School Superintendents, La.
Assoc. of Principals, and La. Assoc. of Public Charter Schools. Provides that members serve
without compensation. Proposed law retains present law and adds one member appointed
by the La. School Boards Assoc.
(Amends R.S. 17:3881(A) and 3883(A)(1), (2), (6)(a)(intro. para.), (c), and (d) and (B)(3);
Adds R.S. 17:3883(A)(5)(d) and (e) and (6)(a)(x))