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Outside Section 46

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Ed Reform #8

SECTION 46.   Section 38 of chapter 71 of the General Laws, as so appearing, is hereby amended by striking lines 19 through 73, inclusive, and replacing it with the following:-

(a) The superintendent, by means of comprehensive evaluation, shall cause the performance of all teachers, principals, and administrators within the school district to be evaluated. The board shall develop uniform performance standards and criteria to be used in evaluating teachers and shall develop rules and regulations to insure the use of these standards and criteria in the teacher evaluation process. The primary performance standard for all teachers shall be their contribution to student learning of content specified in the state's academic standards. School districts shall utilize performance standards and criteria adopted by the board, however, the standards and criteria used by the school districts are not limited to those adopted by the board and the school district may add other teacher performance standards, insofar as they serve as means toward the end of student learning.

(b)The main indicators of teacher performance shall be data on student learning, peer evaluations based on observations, and principal evaluations based on observation and other information available to the principal. Where possible, the data on student learning shall include the level and growth of student achievement provided by the department. Other data on student learning may also be included where appropriate. In evaluating the contribution of any teacher to student learning, due consideration will be given, where possible, to a student's achievement level prior to the student's assignment to the teacher. The department will develop data systems designed to measure growth in student learning, in grades and subjects where this is feasible, and provide this information to the school districts.

(c) No aspect of teacher performance standards, criteria, indicators, or procedures of evaluation shall be subject to collective bargaining.
(d) The results of such evaluations may be used in decisions to dismiss, demote or remove a teacher or administrator pursuant to section 42 of this chapter.
(e) The results of such evaluations shall be used in decisions by districts to award teachers a performance pay bonus, provided that they receive an exemplary evaluation, which includes strong evidence of growth in student learning.
(f) The results of such evaluations may be used by the superintendent to require teacher training.
(g) Performance pay bonuses may be awarded by the districts to teachers whose evaluations conducted pursuant to this section are exemplary; provided that no more than 33 per cent of teachers in each district shall qualify; provided further, that the state performance pay bonus share is conditional upon a district match of 50 per cent and that the match is not counted toward the district's minimum required local contribution; however the state will pay 100 per cent of the performance pay bonus if an award is being made to a teacher in a school that has been deemed in turnaround status pursuant to section 1J of chapter 69.