The minimum general standards set forth in Regulation .04 of this chapter shall apply to evaluations of all teachers and principals. In this chapter, the following terms have the meanings indicated. Terms Defined. “Evaluation” means an appraisal of professional performance for a school year based on written criteria and procedures that result in a written evaluation report. “Principal” means an individual who serves in the position as a principal and who is certificated under COMAR 13A.12.04.04 or certificated as a resident principal under COMAR 13A.12.04.05. “State assessments” means the tests in mathematics and English/language arts developed or adopted by the Department that are aligned with the Maryland College and Career Ready standards and measure a student’s skills and knowledge as set forth in the content standards for those subjects. “Student growth” means student progress assessed by multiple measures and from a clearly articulated baseline to one or more points in time. Teacher. “Teacher” means any individual certificated under COMAR 13A.12.02 as a teacher and who delivers instruction and is responsible for a student’s or group of students’ academic progress in a Pre-K—12 public school setting, subject to local school system interpretation. “Teacher” may include an individual certificated by the Maryland State Department of Education (MSDE) under COMAR 13A.12.03 if the individual delivers instruction and is responsible for a group of students’ academic progress in a Pre-K—12 public school setting, subject to local school system interpretation. In this chapter, the following documents are incorporated by reference: Maryland Instructional Leadership Framework, February 2005; Educational Leadership Policy Standards: ISLLC 2008; and InTASC Model Core Teaching Standards: A Resource for State Dialogue, April 2011. An evaluation system for teachers and principals developed by a local education agency in mutual agreement with the exclusive employee representatives shall include performance evaluation criteria, at a minimum, based on multiple measures, and on the general standards set forth in §§B and C of this regulation. General Standards: Teacher Evaluation System. An evaluation system shall be based on standards, such as the INTASC Model Core Teaching Standards or other Department-approved or nationally recognized standards for teaching, and those standards shall be explained to teachers and communicated to the school community. The selected standards shall be used to evaluate the teacher’s professional practice and student growth. A teacher’s evaluation shall include at least five components: Planning and preparation; Classroom environment; Instruction; Professional responsibility; and Student growth. An evaluation system shall provide, at a minimum, for an overall rating of highly effective, effective, or ineffective. Classroom observations shall play a role in the evaluation system, at a minimum, in the following ways: Classroom observations of teachers’ professional practice shall be conducted by certificated individuals who have completed training that includes identification of teaching behaviors that result in student growth and the use of the selected standards in the observation; An evaluation of a teacher’s professional practice, including planning and preparation, classroom environment, and instruction shall be based on at least two observations during the school year; An evaluation report that evaluates a teacher as ineffective shall include at least one observation by an individual other than the immediate supervisor; An observation, announced or unannounced, shall be conducted with full knowledge of the teacher; A written observation report shall be shared with the teacher and a copy provided to the teacher within a reasonable period of time; A teacher shall sign the observation report to acknowledge receipt; An observation shall provide for written comments and reactions by the teacher being observed, which shall be attached to the observation report; and An observation shall provide specific guidance in areas needing improvement and supports as well a reasonable timeline to demonstrate improvement in areas marked as ineffective. Claims and evidence of observed instruction that substantiate the observed behavior or behaviors in a classroom observation shall be a part of the teacher’s evaluation and may be identified by either the teacher or the evaluator or both and may include: Student work; Teacher-developed initiatives; Portfolios; Projects; Student test data; Artifacts; and Other statements. A local education agency’s evaluation system shall include rigor, which shall be demonstrated, in part, by: The establishment of student growth as a significant component of the evaluation; For the school years 2014—2015 and 2015—2016, the use of student learning objectives (SLOs) informed by the data resulting from the State assessments, which shall be represented on a teacher’s evaluation; and The Department shall review and approve mutually agreed-on evaluation systems to ensure compliance with the minimum general standards. The Department’s approval of an agreed-on evaluation system after the 2015—2016 school year will be based, in part, on the Department’s analysis of the evaluation data obtained in the 2014—2015 and 2015—2016 school years, including an analysis of the use of State assessment data as a direct measure of student growth. The evaluation system shall provide focused professional development, resources, and a mentoring component for teachers who are evaluated as ineffective and for all nontenured teachers. Until school year 2016—2017, student growth data based on or derived from State assessments may not be used to make personnel decisions. General Standards: Principal Evaluation System. A principal’s evaluation system shall be based on: The outcomes contained in the Maryland Instructional Leadership Framework, February 2005, and in the Interstate Leadership Licensure Consortium; and The standards set forth in §B(3), (6)(a)—(b), and (9) of this regulation. If the school system and the exclusive employee representative do not reach agreement on an evaluation system, the default model shall be adopted by the school system. The default model shall include: A student growth component that comprises at least 50 percent of the teacher’s and principal’s evaluation in the following ways: For school years 2014—2015 and 2015—2016, for elementary and middle school teachers providing instruction in State-assessed content areas, 20 percent of the evaluation shall be based on SLOs based on and informed by the data obtained from the State assessments and 30 percent on other SLOs or other locally determined measures; For school years after 2015—2016, for elementary and middle school teachers providing instruction in State-assessed content areas, based on an analysis conducted by the Department of evaluation data obtained in school years 2014—2015 and 2015—2016, including and analysis of the use of State Assessment data as a direct measure of student growth, aggregate class growth scores for State-assessed content areas being taught may comprise at least 20 percent of the teacher’s evaluation; For school years 2014—2015 and 2015—2016, elementary and middle school teachers providing instruction in non-State-assessed grades or content areas, SLOs or other locally determined measures in the content areas being taught shall comprise 50 percent of the evaluation; For school years after 2015—2016, for elementary and middle school teachers providing instruction in non-State-assessed grades or content areas, based on an analysis conducted by the Department of evaluation data obtained in school years 2014—2015 and 2015—2016, SLOs or other locally determined measures may comprise up to 30 percent of the evaluation and a school-wide index may comprise up to 20 percent; and For high school teachers, SLOs informed by the data obtained from the High School Assessments shall comprise 50 percent of the teacher’s evaluation; A professional practice component that comprises at least 50 percent of the teacher’s evaluation in the following ways: Planning and preparation — 12.5 percent; Classroom environment — 12.5 percent; Instruction — 12.5 percent; and Professional responsibility — 12.5 percent; Measures of student growth for principals as follows: For elementary and middle school principals, student growth shall be measured by SLOs, in part, based on and informed by State assessment data, aggregate school-wide growth scores in State-assessed content areas, and the school-wide index; For high school principals, student growth shall be measured by SLOs, in part, based on and informed by the high school assessment data and the school-wide index; and For principals of other types of schools, student growth shall be measured by SLOs and the school-wide index; A professional practice component for principals which: Shall count for 50 percent of a principal’s evaluation; and Shall include, but not be limited to, the outcomes in the Maryland Instructional Leadership Framework, and other outcomes based on Interstate School Leaders and Licensure Consortium (ISLLC); and A provision that, until school year 2016—2017, student growth data based on or derived from State assessments may not be used to make personnel decisions. Tenured Teachers. On the 3-year evaluation cycle, tenured teachers shall be evaluated once annually in the following ways: In the first year of the evaluation cycle conducted under these regulations, tenured teachers shall be evaluated on both professional practice and student growth; If in the first year of the evaluation cycle a tenured teacher is determined to be highly effective or effective, then in the second year of the evaluation cycle the tenured teacher shall be evaluated using the professional practice rating from the previous year and the student growth based on the most recent available data; If in the second year of the evaluation cycle a tenured teacher is determined to be highly effective or effective, then in the third year of the evaluation cycle the tenured teacher shall be evaluated using the professional practice rating from the previous year and student growth based on the most recent available data; At the beginning of the fourth year, the evaluation cycle shall begin again as described in §A(1)—(3) of this regulation; and In any year, a principal may determine or a tenured teacher may request that the evaluation be based on a new review of professional practice along with student growth. Nontenured Teachers and Teachers Rated as Ineffective. All nontenured teachers and all teachers rated as ineffective shall be evaluated annually on student growth and professional practice. Principals. Every principal shall be evaluated at least once annually based on all of the components set forth in Regulations .04 and .05 of this chapter. The evaluation report shall be shared with the teacher or principal who is the subject of the evaluation. The teacher or principal shall receive a copy of and sign the evaluation report. The signature of the teacher or principal is for the purpose of acknowledging receipt only. An evaluation report shall provide for written comments and reactions by the individual being evaluated, which shall be attached to the evaluation report. In the event of an overall rating of ineffective, the local school system shall, at a minimum, provide the teacher or principal with an opportunity to appeal in accordance with Education Article, §4-205(c)(4), Annotated Code of Maryland. If an observation report is a component of an ineffective evaluation, the observation report may be appealed along with the ineffective evaluation. The burden of proof is on the individual appealing an overall rating of ineffective to show that the rating was arbitrary, unreasonable, illegal, or not in compliance with the adopted evaluation system of the local school system. Education Article, §§2-205(b) and (g) and 6-202, Annotated Code of Maryland Effective date: July 23, 2012 (39:14 Md. R. 839) Regulations .01—.09 repealed and new Regulations .01—.08 adopted effective October 27, 2014 (41:21 Md. R. 1260)