Teacher and Leader Effectiveness - Oklahoma State School Boards

The Building Blocks of TLE
Alicia Currin-Moore
Executive Director, TLE
Lisa Erickson Endres
General Counsel
Oklahoma State Department of Education
The Widget Effect
Nearly 98% of all teachers received high ratings.
Districts failed to recognize and reward excellence.
Professional development was rarely tied to results.
New teachers were rated above satisfactory.
Long Term Impacts of Teachers
An Effective Teacher….
can increase a student’s salary in adulthood by
$25,000 over a lifetime.
raises the probability the student will attend
increases the quality of college the student attends.
Long Term Impacts of Teachers
An Ineffective Teacher…
is equal to being absent 40% of
the school year!
Improve Student Achievement By:
influencing classroom instruction,
facilitating continuous improvement of
all teachers and all leaders,
encouraging ongoing professional
growth of all educators,
Improve Student Achievement By:
focusing professional development
around the needs of individual
educators, and
prioritizing research-based
instructional practices proven to
improve student achievement.
Which states are implementing new
evaluation systems?
 Arizona
 Colorado
 Florida
 Indiana
 Maryland
 New York
 Rhode Island
 Tennessee
To date, 37 states use some form of a new
evaluation system.
Statutory Requirements
The TLE will have a five-tier rating system.
 Superior
 Highly effective
 Effective
 Needs improvement
 Ineffective
70 O.S. § 6-101.16
Statutory Requirements
 50% of the evaluation ratings based on
rigorous and fair qualitative
70 O.S. §6-101.16
Statutory Requirements
Qualitative assessment must be
evidence-based and include observable
and measureable characteristics that are
correlated to student performance.
70 O.S. §6-101.16
Statutory Requirements
Teacher Characteristics
Organizational and classroom management skills,
ability to provide effective instruction,
focus on continuous improvement and professional
interpersonal skills, and
leadership skills.
70 O.S. §6-101.16
Statutory Requirements
Leader Characteristics
Organizational and school management skills,
instructional leadership,
professional growth and responsibility,
interpersonal skills,
leadership skills, and
stakeholder perceptions.
70 O.S. §6-101.16
Statutory Requirements
 50% of ratings based on quantitative
35% student academic growth using
multiple years of standardized test
 15% based on other academic
70 O.S. §6-101.16
Statutory Requirements
 “Teachers in grades and subjects for which
there is no state-mandated testing measure”
 An assessment using objective measures of
teacher effectiveness including student
performance on unit or end-of-year tests
Statutory Requirements
 “Teachers in grades and subjects for which
there is no state-mandated testing measure”
 Emphasis shall be placed on the observed
qualitative assessment as well as contribution to
the overall school academic growth.
70 O.S. § 6-101.16
Statutory Requirements
Statutory Requirements
Local board policies regarding
evaluations must be based on TLE by
2013-2014 school year.
70 O.S. § 6-101.10
Statutory Requirements
 Data generated from the TLE will be
used to drive educational decisions.
 Incentive pay plans
70 O.S. § 5-141.4
 Career teacher status
70 O.S. § 6-101.3
Statutory Requirements
 Comprehensive remediation plan/
instructional coaching for teachers
rated needs improvement or
70 O.S. § 6-101.16
Statutory Requirements
 Reduction in Force policies will use
teacher effectiveness as the primary
basis for releasing teachers.
70 O.S. § 6-101.31
Statutory Requirements
 Teacher non-reemployment decisions will
be based on TLE ratings.
70 O.S. § 6-101.22
 Administrator non-reemployment
decisions will be based on TLE ratings.
70 O.S. § 6-101.13
Qualitative Measures (50% of
Total TLE)
 Teacher Frameworks
 Tulsa TLE Observation and Evaluation
 Marzano Causal Teacher Evaluation Model
 Danielson’s Framework for Teaching
Qualitative Measures (50% of
Total TLE)
 Leader Framework
 McREL Principal Evaluation
 Reeves’ Leadership Performance Matrix
Quantitative Measures (35% of Total
 The State Board voted to use a Value
Added Model to measure student
academic growth for teachers and
leaders in grades and subjects for which
multiple years of standardized test data
Quantitative Measures (35% of
Total TLE)
 For teachers and leaders in grades and
subjects for which there is no statemandated testing, the OSDE will conduct
more research.
Quantitative Measures of Other
Academic Growth (15% of Total
 The State Board voted to conduct further
study of best practices to develop a list of
appropriate measures for Oklahoma.
 Funding for training on each of the
models will be based on a district’s
Average Daily Attendance.
The Pilot Year 2012-2013
 All districts in Oklahoma will participate in the
TLE Pilot Year.
• All schools in all districts
• All teachers in all schools
 During the pilot year, teacher and leader
evaluations will not be used in making any
employment decisions.
The Pilot Year 2012-2013
 Districts will provide input and feedback
regarding the frameworks to the OSDE.
 This data will be reported to the TLE
Commission and the State Board.
The Pilot Year 2012-2013
 All data will be analyzed to determine
measurement of effective teaching and each
model’s ability to scale up for statewide
The Pilot Year 2012-2013-Timelines
 Communication via TLE website including
teleconferences and webinars
 Update- the frameworks are now on the TLE website
Early February 2012
 The OSDE will provide each district with a
survey regarding the district’s TLE needs.
The Pilot Year 2012-2013Timelines
Early February 2012
 Each Framework provider may hold free
webinars to provide information to
 The OSDE will conduct videoconferences
to update districts on TLE developments.
The Pilot Year 2012-2013Timelines
April 16, 2012
 District selection of a teacher and leader
framework for 2012-2013 pilot year
The Pilot Year 2012-2013Timelines
Mid-April-August 2012
 Districts will participate in training and professional
development regarding the selected frameworks.
August 2012
 Pilot year begins
 All districts in Oklahoma will participate in the TLE
Pilot Year.
• All schools in all districts
• All teachers in all schools
The Pilot Year 2012-2013
Throughout the Pilot Year
 Training updates and professional
December 2012/January 2013
 The OSDE plans to gather mid-year data
from districts regarding various aspects of
the TLE system.
The Pilot Year 2012-2013
April/May 2013
 Gather final pilot year data
May 2013
 The OSDE will begin to analyze the final pilot
year data.
All districts must
participate in the
TLE Pilot Year.
Funding for framework
training will be based
on a district’s ADA.
All three teacher frameworks
will be available to use after
the pilot year as long as the
data supports its
continued use.
The Oklahoma Teacher and Leader
Effectiveness website is the source
for State Department of Education
information. regarding TLE.
Frequently asked legal questions
regarding Oklahoma's TLE System
Presented by:
Lisa Erickson Endres
OSDE General Counsel
1. Who must be involved in selecting a
district’s teacher evaluation system?
 Each school district board of education must maintain and annually review a
written policy of evaluation.
 District adoption of the TLE framework and method of evaluation should include
consultation and involvement of representatives selected by local teachers and
 Every policy adopted by a local school board must comply with and be based
upon the TLE System developed by the State Board of Education.
 To ensure compliance with the TLE Act, local school boards should take board
action to review and adopt the TLE System models for their district prior to the
start of the 2013-2014 school year and review it annually thereafter.
See 70 O.S. §6-101.10(A)
2. When does the TLE System
become effective?
Per statute, all districts must have a TLE evaluation framework/model adopted for both teachers and
for administrators (leaders) beginning with the 2013-2014 school year. 70 O.S. § 6-101.10(A)(1). All TLE
System requirements for compliance must be met in 2013-2014 and evaluations performed during this
year will have a direct impact on the teachers and leaders.
Districts must have all of their TLE System policies and procedures in place by the start of the 20132014 school year.
All selected evaluators in each district must be trained and certified by the OSDE by the beginning of
the 2013-2014 school year.
The OSDE will provide workshops and training for evaluators beginning in May 2012 to assist districts
in fulfilling the statutory requirements of 70 O.S. §6-101.10.
TAKEWAY: Districts must be ready to fully implement the TLE System in their district by the start of
the 2013-2014 school year. Evaluations under the TLE System will have full force and effect starting
with the 2013-2014 school year.
3. When is the pilot year for TLE?
 The pilot year for the TLE System is the 2012-2013 school year,
which begins with fiscal year 2013 on July 1, 2012. This was a
recommendation of the TLE Commission that was adopted by the
State Board of Education in December 2011.
 The pilot year is a dry run of the TLE system; it is designed to be a
planning and learning year for districts to obtain training and learn
how to properly implement evaluations prior to the high stakes
application of the law.
 During the pilot year, districts can use the TLE evaluation
frameworks without consequence and are encouraged to report
to the TLE Commission what they like and don’t like about the
frameworks. This district feedback will be used to improve the
TLE System and its implementation.
4. Who pays for training and
implementation of the TLE System?
 The TLE Statutes do not contain any mandatory funding
 Without required legislative funding language, there is no
guarantee of funding to pay for TLE System implementation or
 The OSDE has set aside some state appropriated funds to be
spent on training evaluators between now and the beginning of
the 2013-2014 school year.
 There is no guarantee that such continued funding will be
available in future years due to the lack of a funding mandate in
the statutes.
5. What should districts consider when
negotiating collective bargaining clauses
involving TLE?
Collective bargaining is a local district matter. Teacher and leadership evaluation clauses contained in
collective bargaining agreements will have to be addressed and negotiated by districts in a timely
manner to comply with existing TLE statute requirements prior to the beginning of the 2013-2014 school
Teacher contracts are subject to negotiation annually. Districts have sufficient time to negotiate
teacher evaluation issues prior to the implementation of the TLE System for the 2013-2014 school year.
Districts should begin reviewing their collective bargaining agreements relating to teacher evaluation
and termination now so contracts terms can be negotiated and modified where necessary to be in
compliance with the statutes. See 70 O.S. §6-101.
Terms of a collective bargaining contract must comply with the TLE statutes and OSBE minimum
standards. All evaluation policies adopted by Oklahoma school districts must be based upon minimum
criteria developed by the State Board of Education. In those school districts with previously existing
professional negotiation agreements, the negotiated provisions must comply with the State Board of
Education’s minimum criteria. See 86 Attorney General Opinion 146. The TLE frameworks adopted
establish the minimum criteria.
Collective bargaining language that would contradict or go against a statutory mandate should not
occur. The goals of the collective bargaining statutes cannot be met when one party is asked to agree
to terms which are repugnant to the statute's specific language. City of Bethany v. Public Employees
Relations Bd. of State of Okla., 1995 OK 99, ¶20 , 904 P.2d 604).
Collective Bargaining and the TLE System
Selection of the TLE framework or model is a statutory duty of the districts that cannot be
delegated. There are two major limitations on a school board's ability to include certain terms in a
collective bargaining agreement: (1) a school board's managerial prerogative cannot be bargained
away; (2) a school board may not negotiate a term in a collective bargaining agreement which involves
the delegation of a statutory duty or the surrender of discretion vested in the board by statute. See
City of Bethany v. Public Employees Relations Bd. of State of Okla., 1995 OK 99, ¶ 22, 904 P.2d 604 .
Evaluation standards adopted by districts that go beyond the TLE System standards are negotiable.
Title 70 Section 6-101.10(A) states that “any standards of performance and conduct proposed for
adoption [of an approved evaluation system] beyond those established by the State Board of Education
shall be negotiable items.” The TLE system frameworks/models of evaluation are the standards
established by the OSBE; districts can elect to do more, but not less than the TLE System requirements.
Collective bargaining must be done in good faith; disputes must be resolved in accord with the
process outlined by statute. “Any allegation by either party that there has been a failure to comply
with the provisions of this section shall be resolved through the dispute resolution procedure for
resolving a unit determination dispute as set forth in subsection A of Section 509.2 of this title.” 70 O.S.
§509.1; §509.2.
TAKEAWAY: Districts should adjust or renegotiate terms of any collective bargaining agreement
that does not fully comply with the TLE System statutory requirements prior to the start of the 20132014 school year. Districts cannot delegate or negotiate away the duty to select the TLE System
6. What happens if a district does not comply or
implement the TLE System by the start of the 20132014 school year?
Per statute, refusal by a school district to comply with the provisions of Title 70
Section 6-101.10, “shall be grounds for withholding State Aid funds until
compliance occurs.”
TAKEAWAY: Districts have until the start of the 2013-2014 school year (which is
less than 18 months from now) to:
(1) select a TLE evaluation framework;
(2) train and obtain certification of all needed evaluators,
(3) write district policy,
(4) negotiate union contracts,
(5) make the requirements of the TLE framework known to all stakeholders.
7. How does the TLE System affect
district termination decisions?
The TLE System goes into effect in 2013-2014; termination provisions of the law do not become effective or enforceable
until this academic school year.
Districts may, but are not required to, use TLE findings in the pilot year for termination decisions made in the pilot year.
Pilot year evaluations do not count towards the two or three year consecutive rating for mandatory termination
provided by the TLE statute. The counting of consecutive years for TLE effectiveness ratings begins in the 2013-2014
school year.
The TLE System requires districts to implement comprehensive remediation plans for all teachers rated as “needs
improvement” or “ineffective”. 70 O.S. §70-6-101.16. There is no time length for “comprehensive remediation plans” in
this statutory provision. However, per the Teacher Admonishment statute, a “reasonable time for improvement” is
defined as no longer than two months. 70 O.S. §101.24(A)(2).
Title 70, Section 6-101.22 (A) lists 8 reasons why a career teacher may be dismissed or not reemployed:
1. Willful neglect of duty;
5. Instructional ineffectiveness;
2. Repeated negligence in performance of duty;
6. Unsatisfactory teaching performance
3. Mental or physical abuse to a child;
7. Commission of an act of moral turpitude; or
4. Incompetency;
8. Abandonment of contract.
Terminations under the TLE System
Termination for instructional ineffectiveness is governed by the TLE statute and includes MANDATORY TERMINATION PROVISIONS
that must be followed:
A career teacher who has been rated “ineffective” under the TLE System for two (2) consecutive school years SHALL be
dismissed or not reemployed on grounds of instructional ineffectiveness. 70 O.S. §6-101.22(C)(1).
A career teacher who has been rated as “needs improvement” or lower, pursuant to the TLE System, for three (3)
consecutive school years shall be dismissed or not reemployed on the grounds of instructional ineffectiveness. 70 O.S. §6-101.22(C)(2).
A career teacher who has not averaged a rating of at least “effective” under the TLE for a five (5) year period shall be
dismissed or not reemployed on the grounds of instructional ineffectiveness.
A probationary teacher who has been rated ineffective under the TLE for two (2) consecutive years shall be dismissed
or not reemployed. 70 O.S. §6-101.22(D)(1).
A probationary teacher who has not attained career teacher status within a four (4) year period shall be dismissed or
not reemployed. 70 O.S. §6-101.22(D)(2).
Once a teacher receives a rating that may lead to a recommendation for termination, the administrator SHALL:
(1) admonish the teacher in writing;
(2) make reasonable efforts to assist the teacher in correcting poor
performance; and
(3) establish a reasonable time for improvement and correction of the
performance which does not exceed two (2) months.
8. How many evaluation systems will be available
for districts to use after the 2012-2013 pilot year?
 The TLE recommendation that was adopted by the State Board
has approved three TLE teacher evaluation frameworks and two
leadership frameworks for districts to choose from.
 Districts will retain the right to select and choose the framework
that works best for the district from the approved list even after
the 2012-2013 pilot year.
 Districts will not be forced to switch or change evaluation systems
so long as they select and implement a framework from the list of
approved TLE System frameworks.
What are districts’ data reporting
requirements under the TLE System?
 The Teacher Leadership Effectiveness Commission by statute is to continue its work
in developing and making recommendations to the OSBE until July 1, 2016.
 The Commission will be making annual reports every year on December 31 regarding
the TLE System.
 The Commission is charged with the duty to collect data and gather input and
participation from teachers and leaders on the development and implementation of
the TLE. 70 O.S. §6-101.17.
 The TLE Commission will make recommendations on the adoption of policy and rules
relating to how the TLE System will be implemented.
 The OSDE is required by statute to gather data from districts. 70 O.S. § 6-101.16(D).
 Districts will be required to provide data to OSDE and the TLE Commission annually.
10. What can districts do to minimize their
risk or exposure to litigation over TLE System
termination lawsuits?
 Plan ahead! Involve all stakeholders in the selection process of the TLE framework
and develop policies and notify teachers and administrators of those policies as far in
advance as possible.
 Do the research! Have your local school board consider and select the frameworks
that best fit your district’s needs.
 Obtain training and certification early! Have your evaluators trained and certified
prior to the start of the 2013-2014 school year.
 Participate in the pilot program! Give your evaluators time to practice their
evaluation skills and teachers time to adjust to the new evaluation system before the
implementation of high stakes’ results. It also gives those teachers who would be
given a “needs improvement” and “ineffective” rating more time to prepare and
 Licensing agreement! Obtain and negotiate a proper licensing agreement with the
framework vendor/provider; make contractual efforts to reduce your district’s
exposure to litigation over the selection of and/or use of the evaluation system.
 Visit the Oklahoma State Department’s website at
 http://sde.ok.gov/Teacher/Commission
 Or contact:
Alicia Currin-Moore
[email protected]
[email protected]

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