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TITLE 19EDUCATION
PART 2TEXAS EDUCATION AGENCY
CHAPTER 150COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL
SUBCHAPTER AATEACHER APPRAISAL
RULE §150.1012Local Optional Teacher Designation System

        (II) an approved teacher observation rubric including the Texas Teacher Evaluation and Support System, Marzano's Teacher Evaluation Model and rubric created by the National Institute for Excellence in Teaching and The Danielson Group, or another rubric that is based on observable, job-related behaviors that are described with progressive descriptors for each dimension, including alignment to §149.1001 of this title (relating to Teacher Standards) and a clear proficiency indicator. A school district may be required to provide teacher observation videos if the ratings cannot be verified from the data submitted; and

      (ii) a specified student growth component by measure and/or assessment that:

        (I) if using a student learning objective, is aligned to the Texas Student Learning Objectives (SLO) process described on the TEA website for SLOs at https://texasslo.org;

        (II) if using a portfolio method, demonstrates that student work is aligned to the standards of the course, demonstrates mastery of standards, utilizes a skills proficiency rubric, and includes criteria for scoring various artifacts;

        (III) if using school district- or teacher-created assessments, is aligned to the standards of the course and conforms to a district rubric for district- or teacher-created assessments. A school district must approve district- or teacher-created assessments for the purpose of determining student growth by using a district process and rubric for approval of such assessments. Assessments must measure beginning of course to end of course or from end of course from the previous course to end of current course;

        (IV) if using a school district- or teacher-created assessment in conjunction with a third-party assessment, is aligned to the standards of the course and conforms to a district rubric for district- or teacher-created assessments. A school district must approve district- or teacher-created assessments for the purpose of determining student growth by using a district process and rubric for approval of such assessments. Assessments must measure beginning of course to end of course or from end of course from the previous course to end of current course;

        (V) if using third-party assessments with third-party accompanying growth targets, is aligned to the standards for the course and contains questions that cover a range of student skill levels. Assessments must measure beginning of course to end of course or from end of course from the previous course to end of current course; or

        (VI) if using third-party assessments with district-created growth targets, is aligned to the standards of the course and contains questions that cover a range of student skill levels. Assessments must measure beginning of course to end of course or from end of course from the previous course to end of current course. Mid-year data may be used in instances where the student was not present for the beginning of course administration.

    (B) test administration processes for all student growth that will lead to validity and reliability of results, including:

      (i) test security protocols;

      (ii) testing windows;

      (iii) testing accommodations; and

      (iv) annual training for test administrators; and

    (C) data for all teachers in eligible teaching assignments, including student growth, and observation data for all teachers in eligible teaching assignments for the data capture year in alignment with TEC, §21.351 or §21.352. Multi-year data shall include student growth and observation data from the same year and teacher category. Single-year data shall include student growth and observation data from the same teacher category. TEA may exercise administrative discretion regarding the requirements of this subparagraph in situations in which data is difficult to provide due to circumstances beyond a district's control and the district would otherwise be unable to provide sufficient data for application consideration.

(d) System expansion, spending modifications, and changes. School districts must apply for approval through the system application process the year prior to implementation if:

  (1) adding new eligible teaching assignments or campuses (if started with less than all campuses in the district);

  (2) adding a new teacher observation rubric;

  (3) changing a previously approved teacher observation rubric;

  (4) adding new student growth measures;

  (5) changing the student growth measure used by an eligible teaching assignment;

  (6) adding or changing the third-party assessment used in a student growth measure;

  (7) adding or changing the type of assessment used in a student growth measure;

  (8) removing a student growth measure used by an eligible teaching assignment;

  (9) removing an eligible teaching assignment; or

  (10) modifying a district's spending plan. TEA may exercise administrative discretion to allow spending modifications outside of the approval timeline outlined in this subsection.

(e) Monitoring and annual program submission of approved local designation systems.

  (1) For the program submission, approved school districts shall submit the following information regarding a local teacher designation system and associated spending:

    (A) the distribution of allotment funds from the previous school year in accordance with the funding provisions of subsection (g) of this section;

    (B) a response and implementation plan to annual surveys developed by TEA administered to teachers, campus principals, and human resources personnel gauging the perception of a school district's local designation system; and

    (C) teacher observations and student growth measure data for all teachers in eligible teaching assignments if school districts are submitting new teacher designations collected in alignment with §150.1003(b)(5) and (l)(3) of this title (relating to Appraisals, Data Sources, and Conferences). TEA reserves the right to request data for the purposes of performance evaluation and investigation based on data review outcomes. TEA may exercise administrative discretion in circumstances where data is difficult to provide and a district would otherwise be unable to provide sufficient data for application consideration.

  (2) Outcomes of the annual program submission may lead to a review, pursuant to TEC, §48.272(e), and subject to the period of review limitation in TEC, §48.272(f), of the local optional designation system that may be conducted at any time at the discretion of the TEA staff.

(f) Continuing approval and renewal.

  (1) Approved local optional teacher designation systems are subject to review at least once every five years. However, a review may be conducted at any time at the discretion of TEA. The renewal application is required in a district's fourth year of system approval and will follow the process and requirements outlined in subsection (c) of this section.

    (A) Charter management organizations that operate approved systems with multiple campus district numbers shall submit an application for each system at the time of required renewal.

    (B) Systems with provisional approval in a district's fourth year shall renew in the year after receiving system approval.

  (2) Approval of local optional designation systems are voidable by TEA for one or more of the following reasons:

    (A) failure to fulfill all local optional designation system requirements as defined in this section;

    (B) failure to comply with annual program submission requirements;

    (C) failure to comply with the provisions of TEC, §21.3521 and §48.112;

    (D) failure to implement the local optional teacher designation system as approved by TEA;

    (E) failure to remove district employees from the designation determination process who have a conflict of interest and acted in bad faith to influence designations; or

    (F) at the discretion of the commissioner.

  (3) Approval of individual teacher designations are voidable by TEA for one or more of the following reasons:

    (A) a teacher has not fulfilled all designation requirements;

    (B) the school district at which the designation was earned has had its local optional designation system voided;

    (C) the National Board for Professional Teaching Standards revokes a National Board certification that provided the basis for a teacher's designation;

    (D) the suspension, revocation, permanent surrender, or surrender of a certificate issued by the State Board for Educator Certification to a designated teacher;

Cont'd...

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