05-071 C.M.R. ch. 180, § 7 - STUDENT LEARNING AND GROWTH MEASURES

Current through 2022-14, April 6, 2022

This section will not be required as of September 1, 2021. At that point, steering committees will have flexibility in determining whether or not student learning and growth will be used and how those measures will be implemented.

1. "Significant Factor"

Student learning and growth measures must be a significant factor in the determination of the summative effectiveness rating of an educator. To be considered "significant," student learning and growth measures must have a discernible impact on an educator's summative effectiveness rating.

The proportionate weight of the student learning and growth measures that are considered to be a significant factor in the determination of the summative effectiveness rating of an educator must be a local decision made by a school administrative unit in accordance with the provisions in section 12.

2. "Teacher of Record"
A. A teacher is a "teacher of record" for a student only if:
(1) The student is enrolled in the course or other learning experience taught by that teacher;
(2) The student was present and was subject to instruction by that teacher at least 80% of the scheduled instructional time for that course or learning experience with that teacher; and
(3) The student took both the pre-test and the post-test designed to measure achievement in that course or learning experience.

A student's academic performance may be attributed to more than one teacher of record, as long as the criteria set forth in subparagraphs (1) to (3) above are met for each teacher.

B. A school administrative unit must provide each teacher with a list of students for whom the teacher is likely to be the teacher of record, and must provide the teacher an opportunity to request review and revision of the list to correct any inaccuracies on the list. A list of those students must be provided within a reasonable time after the beginning of the course or learning experience, and must include information about the pre-test taken by each student and the scheduled instructional time for that course or learning experience with that teacher. A proposed final list of students must be provided to the teacher within a reasonable amount of time before the end of the course or learning experience, and must include a calculation of the amount of time that the student was present and taught by that teacher. The PEPG system must include a process by which a teacher can contest and seek correction of determinations of "teacher of record" status. Nothing in this section prohibits collaboration in establishing and monitoring the list of students for whom the teacher will be teacher of record.
3. Permissible Measures

Student learning and growth measures must meet the criteria established in this subsection. Student learning and growth measures must be appropriately attributed to the teacher or principal whose evaluation is impacted by those measures.

A. A student learning and growth measure must measure a change in a student's knowledge or skills between two points of time during which an educator has influence.
B. Multiple measures of student learning and growth must be factored into the summative effectiveness rating of an educator. At a teacher's discretion, large-scale standardized tests maybe the sole type of student learning and growth measures used.
C. To obtain growth information, the knowledge and skills must have been assessed before the student is taught or led by the teacher or principal, and after, i.e., there must be a comparable pre-assessment and post-assessments to measure the growth of the student under instruction or leadership of the teacher or principal whose evaluation is impacted by the student. The pre-assessment and post-assessment are not required to occur in the same school year.
D. To obtain growth information, the knowledge and skills must have been assessed before the student is taught or led by the teacher or principal, and after, i.e., there must be a comparable pre-assessment and post-assessments to measure the growth of the student under instruction or leadership of the teacher or principal whose evaluation is impacted by the student. The pre-assessment and post-assessment are not required to occur in the same school year.
E. A particular student's growth measure may be included in the evaluation of a teacher only if:
(1) The teacher is a teacher of record for that student; or
(2) The student's growth measure is part of a collective measure, the use of which has been agreed to by the teacher pursuant to the process set forth in the school administrative unit's system plan.

The criteria or instrument used to measure student growth must:

(1) Be able to measure growth in identified and intended learning outcomes;
(2) Provide all students in the instructional cohort the opportunity to demonstrate growth in knowledge or skills;
(3) Be able to inform instruction;
(4) Be administered consistently across similar grade spans, courses or instructional cohorts.
F. The results must be used in a way that takes into account differences in growth opportunity across the spectrum, e.g., higher-achieving students shouldn't be expected to make the same quantity of growth as lowest-achieving students.

An individual education plan must not be used as a measure of student growth in the evaluation of an educator.

4. Use of Student Learning Objectives

SAUs must use a Student Learning Objectives (SLOs) framework or comparable structure to develop and record student learning and growth measures and The SAU must establish in its PEPG system handbook criteria for:

(1) The identification of content standards,
(2) The selection of assessments;
(3) Setting growth targets (if applicable);
(4) The size of an instructional cohort; and
(5) The length of the instructional interval of time.
5. Use of Collective Student Growth Measures

In recognition that a student's academic achievement may be affected by teachers other than the student's teacher of record, a PEPG system may include academic achievement of students outside the teacher's instructional cohort. Any use of such collective measures must:

A. Be agreed to by teachers to whom it will be applied, under the agreement process set forth in the system plan; and
B. Comprise not more than one-fourth of the total student growth measure.
6. Use of State Assessment (MEA) Results for Tested Subjects and Grades

Maine Educational Assessment (MEA) for Mathematics and English Language Arts/Literacy State Assessment results must be used as one measure of student learning and growth for teachers in the corresponding grades and subjects (English Language Arts/Literacy and Math). These results must A. Be attributed to teachers of record in accordance with the criteria for Teacher of Record in Section 7.2; and B. Be used in such a way that they meet the criteria for Permissible Measures in Section 7.3.

Notes

05-071 C.M.R. ch. 180, § 7

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