N.M. Admin. Code § 6.69.8.8 - EFFECTIVENESS EVALUATION SYSTEMS

A. Nothing in this rule shall be construed to infringe upon the local superintendent's discretion to make decisions about discharge and termination or to make recommendations about licensure advancement or renewal.

B. Each school district shall report annually to the department the results of its effectiveness evaluations of its licensed school employees and the alignment of its effectiveness evaluation system with the three-tiered licensure system.

C. A teacher and school leader EES shall:

(1) be designed to support effective instruction and student achievement, with the results used to inform school district and school level improvement plans;

(2) provide appropriate instruments, procedures and criteria and continuous quality improvement of professional skills, with results used to support the professional development of licensed school employees;

(3) include a mechanism to examine effectiveness data from multiple sources, which may include giving parents and students opportunities to provide input into effectiveness evaluations when appropriate;

(4) identify those teaching fields for which special evaluation procedures and criteria may be developed in a manner that is consistent and reliable;

(5) include measures of student achievement growth worth thirty-five percent, observations worth forty percent, and other multiple measures worth twenty-five percent, unless otherwise provided for;

(6) differentiate among at least five levels of performance, which include the following:

(a) exemplary, meets competency;

(b) highly effective, meets competency;

(c) effective, meets competency;

(d) minimally effective, does not meet competency; and

(e) ineffective, does not meet competency.

D. Teacher and school leader effectiveness evaluation procedures for licensed school employees shall be based on the performance of students assigned to their classrooms or public schools.

E. Every public school classroom teacher who teaches in a grade or subject that has a standards-based assessment that would permit the calculation of student achievement growth, must have an annual effectiveness evaluation, provided that:

(1) each evaluation shall be based on sound educational principles and contemporary research in effective educational practices; and

(2) the student achievement growth component of a teacher's effectiveness evaluation shall be based on:

(a) valid and reliable data and indicators of teacher impact on student achievement growth assessed annually and based upon department-approved assessments, provided that this calculation shall not be based on a single test score;

(b) thirty-five percent of a teacher's evaluation will be comprised of this calculation.

F. Every public school classroom teacher who teaches in a grade or subject that does not have a standards-based assessment, also must have an annual effectiveness evaluation, provided that:

(1) each evaluation shall be based on sound educational principles and contemporary research in effective educational practices; and

(2) the student achievement growth component of a teacher's effectiveness evaluation shall be based on valid and reliable data and indicators of teacher impact on student achievement growth assessed annually.

G. An EES shall base at least forty percent of the results on data and indicators of instructional practice for teachers. School leaders shall observe instructional practice of teachers using common research-based observational protocol approved by the department that correlates observations to improved student achievement.

H. An EES shall base at least twenty-five percent of the results on other measures of teacher effectiveness, of which fifteen percent are planning, preparation and professionalism, five percent are associated with a teacher's attendance, provided that a teacher may use up to six days of leave before it is calculated into the summative report, and five percent with student and parent perception surveys.

I. Effectiveness evaluation criteria for evaluating classroom teachers shall include indicators based on research-based instructional practices as determined by the department.

J. School districts that receive funding under the Bilingual Multicultural Education Act or with students possessing limited English proficiency should ensure that they are doing all they can to carry out all state and federal activities and programs to assist those student populations.

K. Individual teacher evaluations and effectiveness ratings (including components of the evaluation such as observations, student achievement growth data, and any other measures of effectiveness) that are collected or maintained by the PED or any local board of education or governing authority shall not constitute public records and shall not be subject to disclosure pursuant to 14-2-1 NMSA 1978.

L. The department maintains a list of approved assessment options and effectiveness evaluation measures and criteria for evaluating classroom teachers on its website, which can be accessed at http://ped.state.nm.us/ and used by school districts for determining the student achievement growth component and evaluation criteria in a teacher's effectiveness evaluation.

Notes

N.M. Admin. Code § 6.69.8.8

6.69.8.8 NMAC - N, 08-30-12; A, 09-30-13, Adopted by New Mexico Register, Volume XXVIII, Issue 15, August 15, 2017, eff. 8/15/2017