SLS 20RS-533 ORIGINAL 2020 Regular Session SENATE BILL NO. 298 BY SENATOR JACKSON TEACHERS. Removes requirements for use of a value-added assessment model with regard to school and district accountability and teacher evaluations. (gov sig) 1 AN ACT 2 To amend and reenact R.S. 17:10.1(B), 3883(A)(3), 3886(A), 3902(B)(5), and 3997(D)(1)(a) 3 and (2), and to repeal R.S. 17:10.1(C) and 3883(A)(6), (7), and (8), relative to 4 methodology used for school and district accountability and teacher evaluations; to 5 remove requirements for the use of a value-added assessment model in 6 determinations made with regard to school and district accountability and teacher 7 evaluations; to repeal requirements relative to an advisory subcommittee of the 8 Accountability Commission; and to provide for related matters. 9 Be it enacted by the Legislature of Louisiana: 10 Section 1. R.S. 17:10.1(B), 3883(A)(3), 3886(A), 3902(B)(5), and 3997(D)(1)(a) and 11 (2) are hereby amended and reenacted to read as follows: 12 §10.1. School and district accountability system; purpose; responsibilities of state 13 board 14 * * * 15 B. The State Board of Elementary and Secondary Education, hereafter 16 referred to as the "state board", shall provide for a statewide system of accountability 17 for schools and school districts based on student achievement and minimum Page 1 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 298 SLS 20RS-533 ORIGINAL 1 standards for the approval of schools pursuant to R.S. 17:10. Beginning with the 2 2011-2012 school year, such system shall be based, in part, on growth in student 3 achievement using a value-added assessment model as determined by the state board. 4 The program shall include, at a minimum, clear and appropriate standards for schools 5 and school districts, indicators for the assessment of schools and school districts, 6 student achievement baselines, student growth targets, and appropriate minimum 7 levels of student achievement for each public school and school district, rewards and 8 corrective actions, specific intervals for assessment and reassessment of schools and 9 school districts, a review process for evaluating growth targets, and technical 10 assistance. 11 * * * 12 §3883. State Board of Elementary and Secondary Education; powers and duties 13 A. The board shall: 14 * * * 15 (3) Set standards to use in determining whether the teacher has successfully 16 met the evaluation qualifications for retaining or acquiring regular teacher 17 certification. Make available best practices, guidelines, and research-based 18 models to assist local school boards in establishing guidelines and procedures 19 for the evaluation process. 20 * * * 21 §3886. Teaching credentials; regular certification, permanent certification; effect of 22 evaluation 23 A. If a teacher's evaluation demonstrates that he has met the standard for 24 effectiveness as determined by the local board, using value-added data, for three 25 years during the initial certification or renewal process, a certificate shall be issued 26 or renewed unless the state board receives evidence from the local board, through 27 an appeal, that justifies discontinuation. Similarly, if a teacher's evaluation 28 demonstrates that he has not met the standard for effectiveness as determined by the 29 local board, using either value-added data or other components of the evaluation, for Page 2 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 298 SLS 20RS-533 ORIGINAL 1 three years during the initial certification or renewal process, the state board shall 2 not issue or renew a certificate unless evidence of effectiveness is received from the 3 local board, through an appeal, that justifies the issuance of a certificate. 4 * * * 5 §3902. Evaluation program; process 6 * * * 7 B. The elements of evaluation and standards for effectiveness shall be defined 8 by the board pursuant to rules and regulations promulgated for such purpose. Such 9 rules and regulations shall require that, at a minimum, local evaluation plans contain 10 the following elements: 11 * * * 12 (5) Measure of effectiveness. Fifty percent of such evaluations shall be based 13 on evidence of growth in student achievement as determined by the board. Data 14 derived from a value-added assessment model, as determined by the state board, 15 shall be a factor provided to local boards to assist in determining evidence of 16 student growth for grade levels and subjects for which value-added data is available 17 and shall comprise thirty-five percent of the overall evaluation. For grade levels and 18 subjects for which value-added data is not available and for personnel for whom 19 value-added data is not available, the board shall establish measures of student 20 growth. The model shall take into account important student factors, including but 21 not limited to special education, economic disadvantage, attendance, and discipline. 22 However, neither the value-added model nor the measures of student growth for 23 grade levels and subjects for which value-added data are not available shall, in any 24 given year, include a test score or data of a student who has ten or more unexcused 25 absences in any school semester in that year. The board shall develop and adopt a 26 policy to invalidate such student growth data for any teacher for any school year in 27 which there is a natural disaster or any other unexpected event that results in the 28 temporary closure of the school. 29 * * * Page 3 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 298 SLS 20RS-533 ORIGINAL 1 §3997. Charter school employees 2 * * * 3 D.(1)(a) Each governing authority of a charter school annually shall evaluate 4 every teacher and administrator employed at the school using the value-added 5 assessment model and measures of student growth as determined by the State Board 6 of Elementary and Secondary Education pursuant to R.S. 17:3902(B)(5). 7 * * * 8 (2) Fifty percent of each teacher and administrator evaluation conducted 9 pursuant to Paragraph (1) of this Subsection shall be based on evidence of growth in 10 student achievement as determined by the state board. Data derived from a 11 value-added assessment model, as determined by the state board, shall be a factor 12 provided to the governing authority of a charter school to assist in determining 13 evidence of student growth for grade levels and subjects for which value-added data 14 is available and shall comprise thirty-five percent of the overall evaluation. For grade 15 levels and subjects for which value-added data is not available, the state board shall 16 establish measures of student growth. The model shall take into account important 17 student factors, including but not limited to special education, economic 18 disadvantage, attendance, and discipline. The state board shall develop and adopt a 19 policy to invalidate such student growth data for any teacher for any school year in 20 which there is a natural disaster or any other unexpected event that results in the 21 temporary closure of the school. 22 * * * 23 Section 2. R.S. 17:10.1(C) and 3883(A)(6), (7), and (8) are hereby repealed. 24 Section 3. This Act shall become effective upon signature by the governor or, if not 25 signed by the governor, upon expiration of the time for bills to become law without signature 26 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 27 vetoed by the governor and subsequently approved by the legislature, this Act shall become 28 effective on the day following such approval. Page 4 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 298 SLS 20RS-533 ORIGINAL The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Cheryl Serrett. DIGEST SB 298 Original 2020 Regular Session Jackson Present law (R.S. 17:10.1) requires the State Board of Elementary and Secondary Education (BESE) to provide for a statewide system of accountability for schools and school districts based on student achievement and minimum standards for the approval of schools. Requires that such system be based, in part, on growth in student achievement using a value-added assessment model as determined by BESE. Requires BESE to develop and adopt a policy to invalidate student achievement growth data using a value-added assessment model for any school year in which there is a natural disaster or any other unexpected event that results in the temporary closure of schools. Proposed law retains present law requirement that BESE provide for an accountability system but deletes requirements that such system be based, in part, on growth in student achievement using a value-added assessment model and that BESE develop and adopt a policy to invalidate student achievement growth data using a value-added assessment model for any school year in which there is a natural disaster or any other unexpected event that results in the temporary closure of schools. Present law (R.S. 17:3883(A)(3)) requires BESE to set standards to use in determining whether the teacher has successfully met the evaluation qualifications for retaining or acquiring regular teacher certification. Proposed law requires instead that BESE make available best practices, guidelines, and research-based models to assist local school boards in establishing guidelines and procedures for the evaluation process. Present law (R.S. 17:3883(A)(6)-(8)) requires BESE to require the Accountability Commission (established by BESE) to convene an advisory subcommittee of the commission to report and make recommendations on the overall effectiveness of the evaluation program, use of the value-added assessment model, and other specified matters pertaining to the evaluation process. Provides for subcommittee membership, compensation, meetings, and submission of reports. Proposed law repeals present law. Present law (R.S. 17:3886(A)) provides that teachers who have met the standard for effectiveness, using value-added data, for three years during the initial certification or renewal process shall be issued a teaching certificate unless the local board appeals to BESE showing evidence that justifies discontinuation. Provides that teachers who do not meet the standard for effectiveness shall not be issued a certificate or have a certificate renewed unless the local board appeals to BESE showing evidence in favor of the issuance of a certificate. Proposed law removes requirements for the use of a value-added assessment model in making evaluation determinations. Present law (R.S. 17:3902(B)(5) and 3997(D)) requires local public school boards and charter school governing authorities to use a value-added assessment model as determined by BESE for evaluating teachers. Requires that 50% of such evaluations be based on evidence of growth in student achievement as determined by BESE. Provides that data derived from the value-added assessment model shall be a factor in determining evidence of student growth for grade levels and subjects for which value-added data is available and shall comprise 35% of the overall evaluation. Provides that for grades and subjects for which Page 5 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 298 SLS 20RS-533 ORIGINAL and for personnel for whom value-added data is not available, BESE shall establish measures of student growth. Provides that the model shall take into account important student factors, including but not limited to special education, eligibility for free or reduced price meals, attendance, and discipline. Except for evaluations for charter school teachers, prohibits the value-added model and the measures of student growth for grade levels and subjects for which value-added data are not available from including a test score or data of a student who has 10 or more unexcused absences in any school semester in that year. Require BESE to adopt a policy to invalidate such student growth data for any teacher for any school year in which there is a natural disaster or any other unexpected event that results in the temporary closure of the school. Proposed law removes requirements for the use of a value-added assessment model for making evaluations and for certain percentages of the evaluations to be based upon value-added data and instead provides the value added data collected by the state shall be to local boards, including charter governing authorities, to assist in determining evidence of student growth for grade levels and subjects for which value-added data is available. Further removes the requirement that BESE develop and adopt a policy to invalidate student achievement growth data using a value-added assessment model for any school year in which there is a natural disaster or any other unexpected event that results in the temporary closure of schools. Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 17:10.1(B), 3883(A)(3), 3886(A), 3902(B)(5), and 3997(D)(1)(a) and (2); repeals R.S. 17:10.1(C) and 3883(A)(6)-(8)) Page 6 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.