MASSP has fielded dozens of questions regarding educator evaluations specific to who, what, when and how. While many districts chose to suspend evaluations for the 2019-20 school year in light of EO 2020-35, the new EO 2020-65 requires that schools must evaluate all teachers with an IDP, which includes all probationary teachers and any tenured teacher rated less than effective on their most recent year-end evaluation. It also clarifies that districts may evaluate other teachers.
EO 2020-65 specifically states the evaluation must be based on the teachers performance at least through March 13 and be “consistent” with MCL 38.83a, 38.83b, 38.93 and 380.1249. Consequently, evaluators must determine the effectiveness of all probationary teachers and tenured teachers rated less that effective on their most recent year-end evaluation based upon their:
- District adopted evaluation tool (up to 60%):
- Evidence from multiple observations.
- Assessment of progress toward IDP goal(s).
- Student growth and assessment data from the 3 most recent consecutive years, or whatever data is available prior to the school closure. (40%)
- Given that evaluators are prohibited from considering criteria that require data that are not available, but that 380.1249 requires districts to consider up to three years of student growth data where available, a first year probationary teacher may not have any student growth data as part of evaluation, while a second year teacher may only have one year of data, and a third year teacher may only have 2 years of available data.
Within the evaluation administrators need to make sure to provide an assessment of the teacher’s progress toward their IDP goal(s), though EO 2020-65 does allow districts to extend the time period for evaluating IDP goals or waiving any IDP goals that cannot be evaluated because the data are not available.
In addition, keep in mind that if you assign a tenured teacher a rating of less than effective for the 2019-20 school year, you need to ensure that person receives an IDP for next year that includes specific performance goals and recommended coaching and professional learning to improve the teacher’s practice. This IDP must be developed in consultation with the teacher by June 30, 2020.
Keep in mind:
- Evaluations are a prohibited subject of bargaining.
- EO 2020-65 does not include a “Safe Harbor” for schools or suspend any timeframes for non-renewal or probationary periods.
- Notice of non-renewal of tenured teachers needed to be completed by March 30.
- Notice of non-renewal to probationary teachers must be completed by June 15.
- A probationary teacher who is new to the profession must receive an effective or highly effective rating on their three most recent year-end evaluations to be tenured (years 3-5). There are two exceptions:
- A teacher rated highly effective in years 2-4 receives tenure in year four and
- A teacher who was tenured in another Michigan public school district is only required to serve a two-year probationary period.
- The tenure act limits the number of probationary periods within a district to one. Consequently if a teacher fails to meet tenure requirements, the school should non-renew the teacher or consult with legal counsel about how to extend employment until the requirement is met.
To learn more about the implications of EO 2020-65 on evaluation, please review the personnel section of our updated Executive Order FAQ.
Written by Colin Ripmaster, MASSP Associate Executive Director