NOTICE OF PROPOSED CHANGES REGARDING EDUCATOR EVALUATION
IN THE REGULATIONS OF THE DEPARTMENT
OF EDUCATION & EARLY DEVELOPMENT

BRIEF DESCRIPTION

The proposed regulations will repeal the requirement that districts adopt performance standards for educators based on student learning data and will make related changes.

The Department of Education & Early Development proposes to adopt regulation changes in Title 4 of the Alaska Administrative Code, dealing with educator evaluation, including the following:

(1) 4 AAC 04.205(e) and (f) are proposed to be repealed. The intended effect of the repeal of subsection (e) is to no longer require school districts to adopt performance standards for educators based on student learning data. The proposed repeal of (f) will remove the permission language regarding the use of multiple years of student learning data, no longer relevant because of the repeal of subsection (e).

(2)       4 AAC 19.010(e) and (f) are proposed to be repealed. The intended effect of this repeal is to no longer require school districts to evaluate whether an educator’s overall performance or a teacher's or administrator's performance on the district's standards for student learning data is exemplary, proficient, basic, or unsatisfactory.

(3) 4 AAC 19.010(g) is proposed to remove the requirement, for teachers and administrators, that an unsatisfactory rating on the district's standard for student learning data would be considered a failure to meet district performance standards under AS 14.20.149(b)(6), (e), or (f).

(4)       4 AAC 19.015, with proposed changes, would modify the information that school districts are required to make available to the public concerning the districts’ educator evaluation systems. The change will require forms used to gather information from students, parents, and community members in evaluating educators; performance standards for educators; and policy and procedures in evaluating educators to be posted to the district's website – or at school sites if the district does not maintain a website. School districts will no longer be required to make available to the public other forms used in evaluating educators.

(5)       4 AAC 19.030(a)(5) is proposed to be changed as follows: School districts may provide an educator with access to, rather than a copy of, the educator’s draft evaluation.

(6)       4 AAC 19.030(b) is proposed to be changed as follows: School districts may consider student learning data in evaluating educators.

(7)       4 AAC 19.030(d) is proposed to be changed as follows: If a school district adopts procedures that incorporate student learning data into the evaluation process, it must confer with educators to identify appropriate student learning data.

(8)       4 AAC 19.055 is proposed to be changed as follows: School districts will no longer be required to report to the department the number and percentage of educators in each of the performance levels exemplary, proficient, basic, or unsatisfactory.

(9)       4 AAC 19.099(2)(C) is proposed to be changed as follows: The definition of "measurement" is modified to exclude statewide standards-based assessments. If a district elects to use student learning data in the evaluation of educators, this change will prohibit the use of data from statewide standards-based assessments as student learning data.

(10) 4 AAC 19.099(3), (4), and (6) is proposed to be changed by repealing the definitions of "measurement of student growth," "objective, empirical, and valid measurement," and "student growth."

(11)     4 AAC 19.099(7)(B) is proposed to be changed by modifying the definition of "student learning data," including the following: participation rates, graduation rates, and student attendance are no longer considered student learning data.

(12)  4 AAC 19.099(9) is proposed to be changed by repealing the definition of "teacher on special assignment."

The Department of Education & Early Development invites the public to submit written comments during the written comment period, which begins with the date of this notice and ends on May 9, 2016, at 4:30 p.m. The written comment period closes in advance of the meeting of the State Board of Education and Early Development at which the board will consider the adoption of the proposed regulations. This allows the Department of Education & Early Development an opportunity to prepare changes based on written comment and to distribute any proposed changes to the board for its consideration prior to the meeting.

You may comment in writing on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to the Commissioner’s Office, Department of Education & Early Development, Attn: Regulations Review, 801 West Tenth Street, Suite 200, PO Box 110500, Juneau, Alaska 99811-0500.

You also may submit written comments by facsimile at (907) 465-4156; by electronic mail to eric.fry@alaska.gov; and online at the website of the Department of Education and Early Development at https://education.alaska.gov/regs/comment.cfm. Written comments also may be submitted through the Alaska Online Public Notice System by accessing this notice on the system and using the comment link.

All written comments must be received not later than 4:30 p.m. on May 9, 2016.

After the written comment period has ended, you may submit oral comments to the State Board of Education & Early Development at a hearing to be held by the board on June 16, 2016, at the State Board of Education & Early Development’s first floor board room at 801 West 10th Street, Juneau, Alaska. The hearing will be held from 8:15 a.m. to 9:00 a.m. but may be extended to accommodate those present before 7:55 a.m. who have not had an opportunity to comment before 9:00 a.m.

You also may submit oral comments at this hearing, during this time only, via the Legislative Information Office streaming by calling 1-844-586-9085 if you are outside of Juneau. For participation from Juneau, call 586-9085.

This meeting will be streamed through the Legislative Information Office over http://www.alaskalegislature.tv/  beginning at 8:00 a.m. June 16, 2016, and 8:30 a.m. June 17, 2016 (audio only). 

 You also may submit oral comments at this hearing via the following Legislative Information Offices: Anchorage, 716 W 4th Ave., Suite 100; Bethel, 301 Willow Street; Fairbanks, 1292 Sadler Way, Suite 308; Juneau, Suite 111, Terry Miller Building, State Capitol; Kenai, 145 Main Street Loop, Suite 217; Ketchikan, 1900 First Avenue, Suite 310; Kodiak, 305 Center Ave., Suite 1; Mat-Su, 600 East Railroad Ave.; Nome 103 Front Street; Seward, 302 Railway, Suite 107; Sitka, 201 Katlian Street, Suite 103.

You may submit written questions relevant to the proposed action to Eric Fry at eric.fry@alaska.gov or the Department of Education & Early Development, Attn: Eric Fry, 801 West 10th Street, Suite 200, PO Box 110500, Juneau, Alaska 99811-0500. If a question is relevant to the proposed change in the regulations and the question is received by April 30, 2016, which is 10 days before the end of the public comment period, the department will make a good-faith effort to answer the question before the end of the public comment period. The Department of Education & Early Development will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the website of the Department of Education and Early Development at https://education.alaska.gov/regs/comment.cfm. 

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Ms. Shawn Sypeck at (907) 465-2802 or shawn.sypeck@alaska.gov not later than June 8, 2016, to ensure that any necessary accommodation can be provided.

Copies of the proposed regulation changes are available on the Alaska Online Public Notice System, on the website of the Department of Education and Early Development at https://education.alaska.gov/regs/comment.cfm, and by contacting Eric Fry at eric.fry@alaska.gov or 907-465-2851.

After the public comment period ends, the Department of Education & Early Development will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.

Statutory authority: AS 14.07.060; AS 14.07.020
Statutes being implemented, interpreted, or made specific: AS 14.20.149
Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.