24 Pa. Stat. § 11-1138.1

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 11-1138.1 - Definitions

The following words and phrases when used in this subarticle shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Assessment." The Pennsylvania System of School Assessment test, the Keystone Exam or another test established by the State Board of Education or approved by an act of the General Assembly to meet the requirements of section 2603-B(d)(10)(i) and the requirements of the Every Student Succeeds Act ( Public Law 114-95, 129 Stat. 1802) or its successor statute or required to achieve other standards established by the department for the school or school district.

"Chief school administrator." Includes an individual who is employed as a school district superintendent, an executive director of an intermediate unit or an administrative director of an area career and technical school.

"Classroom teacher." A professional employee or temporary professional employee who provides direct instruction to students related to a specific subject or grade level.

"Classroom walk-through." An observational classroom visit by an evaluator to observe an employee for the purpose of gathering evidence and artifacts to inform the employee's rating.

"Comprehensive classroom observation." An observational classroom visit that includes a preconference and postconference between an evaluator and an employee which may be conducted by telephone or videoconferencing. Upon the mutual agreement of both an evaluator and a professional employee, the requirement of a postconference may be waived for extenuating circumstances, if the evaluator places written documentation of the comprehensive classroom observation in the professional employee's file. If the extenuating circumstances are raised by the evaluator, a professional employee who does not receive a postconference shall not receive a rating of needs improvement or failing on the comprehensive classroom observation component of an evaluation. The requirement of a postconference shall not be waived for a temporary professional employee.

"Data-available teacher." A classroom teacher who is a professional employee teaching English, language arts, mathematics, science or other content areas as assessed by an assessment, including the Pennsylvania System of School Assessment and Keystone Exams.

"Department." The Department of Education of the Commonwealth.

"Differentiated supervision." A system of supervision of professional employees that:

(1) Involves a multi-year cycle in which supervisors complete a comprehensive classroom observation for one annual rating in the professional employee's supervision cycle and in the other years of the cycle collaborate with the professional employee to differentiate supervision by developing individualized goals, learning activities and measures for the professional employee's growth in one or more areas listed in section 1138.3(a)(1) or (b)(1) or a nonteaching professional employee's growth in one or more areas listed in section 1138.5(a) or (b).

(2) Is offered only to professional employees who received a proficient or distinguished annual rating in both of the two immediately preceding years and is not offered to temporary professional employees.

(3) Is optional for the employer and the professional employee.

(4) In any year in which the professional employee does not receive a comprehensive classroom observation, uses data sources and data collection strategies designed to measure a professional employee's progress toward the professional employee's individualized professional goals.

(5) Allows a supervisor to move a professional employee out of individualized professional goals, activities and measures and into comprehensive classroom observation at any time.

(6) Allows a professional employee to move out of individualized professional goals, activities and measures and enter comprehensive classroom observation at any time.

"Economically disadvantaged." The economically disadvantaged status of a student as reported by a school district, intermediate unit or area career and technical school through the Pennsylvania Information Management System (PIMS) and determined based upon poverty data sources such as eligibility for Temporary Assistance for Needy Families, Medicaid or free or reduced-price lunch, census data, residence in an institution for the neglected or delinquent or residence in a foster home.

"Education specialist." The term shall have the same meaning given in section 1.2 of the act of December 12, 1973 ( P.L. 397, No.141), known as the Educator Discipline Act.

"Evaluator." Includes the chief school administrator or the chief school administrator's designee who is an assistant administrator, supervisor or principal, has supervision over the work of the professional employee or temporary professional employee being rated and is directed by the chief school administrator to perform the rating.

"Graduation rate." The rate submitted by the department under the Every Student Succeeds Act State plan that represents the percentage of students in a school who earn a high school diploma within four years.

"Nonteaching professional employee." An education specialist or a professional employee or temporary professional employee who provides services and who is not a classroom teacher.

"Performance improvement plan." A plan, designed by an employer with documented input from the employee, that:

(1) Provides actionable feedback to an employee on the specific domain within the comprehensive classroom observation and practice models that prevented the employee from achieving a proficient rating. The employer shall consider the documented input from the employee for inclusion in the plan.

(2) Identifies employer resources that will be provided to an employee to help the employee improve. Resources may include, but shall not be limited to, mentoring, coaching, recommendations for professional development and intensive supervision based on the contents of the rating tool provided for under this subarticle.

"Principal." Includes a building principal, an assistant principal, a vice principal, a supervisor of special education or a director of career and technical education.

"Regulatory Review Act." The act of June 25, 1982 ( P.L. 633, No.181), known as the Regulatory Review Act.

24 P.S. § 11-1138.1

Added by P.L. TBD 2020 No. 13, § 3, eff. 3/27/2020.