Free Public Schools
CHAPTER 12. Educator Licensure, Certification, Evaluation, Professional Development, and Preparation Programs
Subchapter VII. Educator Evaluations
(a) An educator holding an initial license pursuant to § 1210 of this title must receive a Delaware Performance Appraisal System II (DPAS II) evaluation annually. An educator holding a continuing license pursuant to § 1211 of this title or an advanced license pursuant to § 1213 of this title must receive a Delaware Performance Appraisal System II (DPAS II) evaluation at least every 2 academic years. For purposes of this subchapter only, the term “educator” shall also include specialists who practice in Delaware public schools, whether or not they are licensed and certified by the Department. The evaluation must be consistent with the Delaware Professional Teaching Standards and the Delaware Administrators’ Standards, and must otherwise be in accordance with the criteria and requirements of this section.
(b) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to administer the Delaware Performance Appraisal System II (DPAS II). The DPAS II must include an overall rating and a student-improvement component rating, and must identify what constitutes satisfactory performance and unsatisfactory performance on the overall evaluation and on each component of the evaluation. For the purposes of § 1273 of this title, DPAS II must also include a definition of “pattern of ineffective teaching” and define “pattern of ineffective administration” as it relates to unsatisfactory performance on the overall DPAS II evaluation.
(c) (1) DPAS II must have no more than 5 components and must have a strong focus on student improvement, with 1 component dedicated exclusively to student improvement. All components must be weighted equally beginning in the 2017-18 academic year.
(2) For all Part A and Part B goals, the educator, as well as the administrator, may propose measures to be used to provide data to judge progress towards the goals. The proposed measures must be approved by the administrator, and not result in additional assessments for students. With regard to Part B goals, the measures must be selected from a list of the standardized measures approved by the Department.
(3) The measure of student improvement must take into consideration student absence, student mobility, student chronic noncompliance with school rules, chronic failure by parents to abide by the Parents’ Declaration of Responsibilities under § 157 of this title, and other factors that may adversely affect the evaluation. If a student has missed more than 15% of the class time, the student’s performance shall only be used with the agreement of the teacher under this chapter.
(d) A local school district may develop and implement other assessment tools that measure annual student improvement, including assessments in other content areas. Assessment tools developed and implemented pursuant to this subsection must be approved by the Secretary and must be funded with local funds.
(e) Nothing in this section prevents a local school district from administering other evaluations in addition to the Delaware Performance Appraisal System II, provided that administration of additional evaluations is reported to the Department.
(f) A local school district, vocational-technical school district or charter school may make application to the Department for a waiver of the provisions of the DPAS II evaluation system, which shall be granted, subject to the provisions of rules and regulations promulgated pursuant to this subchapter, if the request for a waiver is based on a locally developed evaluation process that is demonstrated to be the product of the collective bargaining process pursuant to Chapter 40 of this title and community review and is as rigorous and as educationally sound as DPAS II, provides for evaluating educator performance by measuring student growth using multiple measures over the course of a curricular year, and contains a mechanism for certifying evaluators and for quality control.
(g) The Department shall promptly establish a pilot program in not more than 3 local education agencies. The pilot program, which shall be for the 2016-17 and 2017-18 academic years, shall weigh all components equally, shall incorporate a survey provision for parents and students to be included within Component IV of the evaluation, and shall meet the following requirements for each participating local education agency:
(1) Any such program shall be conducted with the consent of the school district and organization representing the district’s educators for collective bargaining purposes.
(2) Such program shall, to the fullest extent practicable, use the mathematical algorithm recommended by the DPAS II Subcommittee and contained in its Final Report dated March 31, 2016, as Appendix C to determine final or summative ratings for evaluations.
(3) The component dedicated exclusively to student improvement shall contain 2 parts. The first part, known as “Part A,” shall contain an individual goal created by the educator and administrator that is based upon the school or district improvement document and demonstrates the educator’s contribution to student growth for his or her current cohort of students. The second part, known as “Part B,” shall contain an individual goal created by the educator and administrator that is based upon an assessment approved by the Department. The administrator shall assess the progress toward goals, regardless of whether the educator has satisfied the requirements of § 1403(a) of this title, is on an improvement plan, has expectations contained in the most recent performance evaluation, or has a satisfactory most recent performance evaluation.
(4) In the event that the educator and administrator cannot agree upon the goals to be included in the component dedicated exclusively to student improvement, the goals shall be determined as follows:
a. For educators who have not satisfied the requirements of § 1403(a) of this title, the administrator shall determine the goals to be included in the component dedicated exclusively to student improvement.
b. For educators who have satisfied the requirements of § 1403(a) of this title but are on an improvement plan or have expectations contained in their most recent performance evaluation, the administrator shall determine the goals to be included in the component dedicated exclusively to student improvement.
c. For educators who have satisfied the requirements of § 1403(a) of this title and whose most recent performance evaluation is satisfactory, the educator and administrator shall each determine a Part A and Part B goal. In such instance, each goal shall be of equal weight.
(5) For all Part A and Part B goals, the administrator shall identify the measures to be used to provide data to judge progress towards the goals. In regards to Part B goals, the measure must be selected from a list of standardized measures approved by the Department.
(6) The administrator shall be solely responsible for assessing progress toward the goals using the data generated by measures identified by the administrator and any other data provided by the educator and accepted by the administrator for this purpose.
(h) (1) Notwithstanding any provision of this section, the educator evaluation system under this section is suspended for the 2020-2021 school year. In lieu of the educator evaluation system, educators must engage in an observation and feedback cycle designed to provide coaching and support related to hybrid and remote learning practices that encourage all of the following:
a. Relationship building.
b. Student engagement in learning.
c. Standards-aligned curriculum implementation.
(2) The observation and feedback cycle under paragraph (h)(1) of this section must include all of the following:
a. An initial goal setting process.
b. Classroom observation.
c. An end-of-year conference between the educator and evaluator.
(3) The evaluator shall record feedback provided to an educator under this subsection in the Data Service Center platform and must include all of the following:
a. Component and Criterion level ratings as developed for the 2020-2021 school year.
b. Any narrative language related to recommendations or commendations on the educator’s performance. Recommendations on performance may not result in a formal improvement plan.
(4) The only forms that an educator must complete under this subsection are the following:
a. The goal setting form.
b. A verification form, created by the Department, to ensure that the educator’s observation and feedback cycle has been completed.
(5) Evidence collected and feedback provided during observations under this subsection may not be used for either of the following:
a. As part of the evaluation cycle.
b. To assign a summative rating for the 2020-2021 school year.
(6) Formal improvement plans in place for the 2020-2021 school year remain in effect through the next evaluation cycle under this section.72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 295, § 2; 73 Del. Laws, c. 44, §§ 10, 11; 73 Del. Laws, c. 84, § 2; 74 Del. Laws, c. 13, §§ 8-12; 75 Del. Laws, c. 77, § 38; 78 Del. Laws, c. 53, § 46; 79 Del. Laws, c. 221, § 1; 80 Del. Laws, c. 429, §§ 1-4; 83 Del. Laws, c. 5, § 1;
(a) The Department shall develop rules and regulations pursuant to this subchapter to credential professional evaluators for the Delaware Performance Appraisal System II, including appropriate training for evaluators. The Department shall ensure that all evaluators are properly trained and credentialed.
(b) To maintain a high standard of quality for professional evaluations, the Department shall develop recommendations for an ongoing DPAS II monitoring system to be implemented by the Department. The monitoring system must include a process by which an educator may challenge the fairness of the process used and/or the conclusions reached in an evaluation.72 Del. Laws, c. 294, § 2; 74 Del. Laws, c. 13, §§ 13, 14;
(a) If the overall rating of an educator’s DPAS II evaluation is unsatisfactory, the district shall develop and assign an improvement plan to the educator and provide a reasonable amount of time for the educator to complete the improvement plan. A district shall also make recommendations for improvement if an educator’s performance on an individual component of the evaluation is unsatisfactory. An improvement plan must identify the deficiencies in an educator’s performance and the professional development activities required to improve the deficiencies to a satisfactory level. An improvement plan pursuant to this section must be developed as part of a collaborative process between the district and the educator where possible, with the district having the final authority to develop and assign the plan. The Department shall develop guidelines for improvement plans required pursuant to this section.
(b) In an effort to promote continuous professional growth and to improve educator performance, the Department shall also develop guidelines for professional development when an educator receives a satisfactory DPAS II evaluation. The guidelines must incorporate specific professional development activities designed to enhance knowledge and skill in areas recommended by an evaluator.72 Del. Laws, c. 294, § 2; 74 Del. Laws, c. 13, § 15;
A pattern of ineffective teaching shall be defined pursuant to § 1270 of this title, provided that the local school district has complied with § 1272(a) of this title. Notwithstanding any case law to the contrary, when a pattern of ineffective teaching is established, a local school district may move to terminate a teacher (as defined by § 1401 of this title) for incompetency pursuant to § 1411 or § 1420 of this title. Nothing herein shall be construed to limit a local school district’s ability to terminate a teacher for incompetency under § 1411 or § 1420 of this title where supported by factors other than a pattern of ineffective teaching, and nothing herein shall be construed to require additional factors beyond a pattern of ineffective teaching to constitute incompetency for purposes of termination.72 Del. Laws, c. 294, § 2;
If an educator licensed under this chapter is seeking an educator position in this State, the educator shall disclose the results of that educator’s most recent 3 DPAS II evaluations or alternative evaluations permitted under § 1270(f) of this title, if applicable, to a prospective employing district. Upon the request of the prospective employing district, a present or previous employing district of the educator shall confirm the results of the educator’s previous DPAS II evaluations. No action in law or equity may be brought or maintained against a local school district or an employee thereof for action taken in compliance with this section.72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 53, § 47;
(a) The Secretary shall convene and provide administrative staff to the Delaware Performance Appraisal System II Advisory Committee. The Committee shall consist of the following members:
(1) Three public school teachers appointed by the Delaware State Education Association.
(2) Three public school administrators appointed by the Delaware Association for School Administrators.
(3) One public school superintendent or his or her designee, appointed by the School Chiefs’ Association.
(4) A member of a local school board appointed by the Delaware State School Board Association.
(5) A parent with a child or children in public school selected by the Delaware Parent-Teacher Association.
(6) A representative of higher education appointed by the Governor from an institution that offers a teacher preparation program authorized by the Department.
(7) A representative from the Office of the Governor.
(8) The Chair of the Education Committee of the Delaware House of Representatives, or the Chair’s designee.
(9) The Chair of the Education Committee of the Delaware Senate, or the Chair’s designee.
(10) One ex-officio, nonvoting, representative from the Department, appointed by the Secretary.
(11) One ex-officio, nonvoting, representative from the State Board of Education, appointed by the President of the State Board of Education.
(b) The Committee shall meet at least once a quarter each year.
(c) Annually the Committee shall designate a Chairperson and a Vice Chairperson from amongst its membership.
(d) The Committee shall review data produced by the Delaware Performance Appraisal System II to advise the State’s efforts to ensure fidelity of system implementation statewide, the accuracy and reliability of the data collected by the Department, and the State’s use of the data to improve educator quality and provide meaningful and professional development opportunities.
(e) The Committee shall review any aspects of the State’s ESEA flexibility application which involve the educator evaluation system and any renewal, extensions, or amendments to the application that deal with educator evaluation prior to submission to the U.S. Department of Education.
(f) The Department shall provide the Committee with data produced by the Delaware Performance Appraisal System II, as necessary for the Committee to fulfill its responsibilities pursuant to subsection (d) of this section and to make recommendations regarding educator quality, professional development, and system design and implementation.
(g) The Committee may provide comments in writing to the Governor, Secretary of Education, the State Board of Education, and the General Assembly on subsections (d), (e), and (f) of this section.
(h) The Delaware Performance Appraisal System II Advisory Committee shall review any proposed regulations to be promulgated pursuant to this subchapter and shall submit written comments concerning the same to the Secretary and to the State Board prior to the State Board’s consideration of any proposed regulations.74 Del. Laws, c. 13, § 16; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 289, §§ 1, 2; 80 Del. Laws, c. 16, § 1;