Act 13 was signed into law by Governor Tom Wolf on March 27, 2020, revising the Educator Effectiveness system established under Pa. Act 82 of 2012 (Act 82) for the evaluation of professional employees and temporary professional employees in PreK-12 education.

Noteworthy changes are:

• Increased emphasis on observation and practice
• Streamlined building level data, with a ‘challenge multiplier’ to account for student poverty
• Expanded flexibility in measuring student performance
• Expanded flexibility in measuring principal performance

There are five areas in which an employee may be evaluated:

• Observation & Practice
• Building Level Data: Assessment, Growth, Attendance, Graduation Rate
• Teacher-Specific Data: Assessment, Growth, IEP Goals Progress
• LEA Selected Measures, comprised of one or more of the following:
  • Locally developed school district rubrics
  • District-designed measures and examinations
  • Nationally recognized standardized tests
  • Industry certification examinations
  • Student projects pursuant to local requirements
  • Student portfolios pursuant to local requirements
• Performance Goals

The employee is assigned a rating in each area of evaluation that:

•  Is appropriate to the type of employee evaluated, and
•  Has available data directly attributable to the employee.

The following table delineates, by the type of employee evaluated, the rated areas and significance of each in the annual evaluation:

The required semi-annual evaluation of temporary classroom teachers and temporary non-teaching professionals is comprised of the same measure and weighting as the annual evaluation (i.e., 100% Observation & Practice). For temporary professional employees serving in principal roles, LEAs should consult with their solicitors when determining mid-year application of building level data for semi-annual evaluation.

Most or all of the evaluation of the effectiveness of an employee is based on Observation & Practice. To assist LEAs, the Department has three approved³ Educator Effectiveness Frameworks for observing and assessing employee practice: Classroom Teacher, Principal, and Non-Teaching Professional . The Principal Framework is designed for use in the evaluation of other school leaders and supervisors, as well; and the Non-Teaching Professional (NTP) Framework offers slight modifications in the embedded practice models to assist in rating NTPs with disparate roles and certifications/licensures.

Each framework contains four domains of professional practice and, in each domain, a continuum reflecting the performance expectations for the type of employee for which it was designed. Each of the four domains must be assigned a rating; however, when determining the rating, an evaluator may use any portion or combination of the practice models (i.e., components) within a domain as appropriate to the employee’s responsibilities. Suggested discussion prompts and potential sources for evidence of practice to facilitate meaningful conversation during observation are provided at each component level.

The ratings assigned in each of the four domains are adjusted by the weighting attributed to that domain, as indicated in the chart below, and the sum of the adjusted values becomes the Observation & Practice rating. For employees serving in principal roles, the weighting assigned to each domain must be agreed upon by the employee and the evaluator before the start of the evaluation period.

^*The total of the four domains must equal 100% of the rating for Observation & Practice.

Observations, documented artifacts, other evidence, and findings that provide the basis for determining an employee’s level of performance in each of the four domains are to be noted in the employee’s record, including dates and times as applicable. An employee may provide the evaluator with evidence and/or documented artifacts demonstrating the employee’s performance during the most recent Observation & Practice rating; however, the evaluator has the authority to determine whether the evidence or artifacts provided by the employee are relevant to the current Observation & Practice evaluation.

Evidentiary source materials to inform a rating may include, but are not limited to, any combination of the following items as appropriate for the employee and the employee’s placement:

• Notations of professional observations, employee/rater conferences or interviews, or informal observations or visits.
• Lesson plans, unit plans, instructional materials and resources.
• Student work, student records, progress reports and grading.
• Utilization of formative and summative assessments that impact instruction and critiques of lesson plans.
• Agendas and minutes of meetings, programs, courses, or planning sessions.
• Development and implementation of school improvement plans, professional growth programs, in-service programs, student assemblies, safety programs, and other events or programs that promote educational efficacy, health, and safety.
• Budget and expenditure reports.
• Interactions with students and their families (e.g., frequency, methods of communication).
• Communication logs (e.g., emails, letters, notes regarding conversations with parents, staff, students, community members).
• Student surveys and family, parent, school, and community feedback.
• Professional growth (e.g., coursework, staff development, networking, reflection of practice).
• Professional development documentation toward continuance of certification or licensure or both.
• Examination of sources of evidence provided by the employee.

For the evaluation of classroom teachers, evaluators may include the use of multiple classroom walk-throughs in an academic year to gather evidence and artifacts, provided specific observations are based only on factors that are present or witnessed by the evaluator during the walk-through. Classroom walk-throughs shall be used to gather evidence in addition to data gathered during one or more comprehensive classroom observations except when defined by a plan of differentiated supervision.

³For the evaluation of a classroom teacher, LEAs may utilize a Locally Developed Alternate Teacher Evaluation System

Effective with the 2021/2022 school year, the Building Level Score (BLS) for evaluating educator effectiveness will be comprised of available Assessment⁵, Growth⁶, Attendance Rate⁷, and Graduation Rate⁸ data and adjusted based on the percentage of economically disadvantaged students enrolled in the school (i.e., challenge multiplier) as follows:

1. Calculate the regression coefficient of determination (r2) that estimates the proportion of the variance in school-level data predictable by the percentage of students economically disadvantaged in a school.
2. Multiply the regression coefficient of determination by .1.
3. Multiply the product by the most currently available percentage of economically disadvantaged students in the school.
4. Multiply that product by 100.
5. Add the final product to the BLS.

Assessment, Growth, Attendance Rate, and Graduation Rate are weighted in accordance with the table below:

If a building does not have Graduation Rate data, Attendance Rate comprises 20% of the Building Level Score. Conversely, for every tested content area in which a building is missing Assessment⁹ and/or PVAAS data, the denominator is reduced proportionally.

The BLS for a PK-3 school might be:

For an employee assigned to multiple buildings, a composite Building Level Score is calculated in the rating tool using percentages proportional to the employee’s building assignments. By way of example, the BLS for an instructional coach who spends 50% of the time in the middle school (with a BLS of 92) and 50% of the time in the high school (with a BLS of 87) would have a composite BLS of 89.5.

When attributable, building level data comprises 10% of the evaluation of professional employee. Where a BLS is not available, the Observation & Practice rating is substituted; for multiple building assignments, the rating is converted then weighted proportionally to produce the composite BLS.

Building Level Scores and information on how the building level data were derived are published annually, when available, at https://bit.ly/PAedEffective . For information on how a BLS is converted to a rating for the purposes of evaluation, see Rating Tool Conversions.

⁵As evidenced on PSSA, PASA, and Keystone Exams

⁶As calculated in the Pennsylvania Value-Added Assessment System (PVAAS)

⁷As determined by the Department for Child Accounting purposes (i.e., ADA/ADM)

⁸As submitted per Pennsylvania’s ESSA Consolidated State Plan

⁹LEA-level Grade 3 assessment data will no longer be used when calculating a BLS for a school inclusive only of grades PK through 2

Where available and directly attributable to the professional employee serving as a classroom teacher, Teacher- Specific Data (TSD) are comprised of Assessment¹⁰, Growth¹¹, and IEP Goals Progress, as delineated in the following table:

If data for one of the three indicators either are not available or are not directly attributable to the employee, the TSD rating is comprised equally of the remaining two indicators (i.e., 50% each). Where two are not available or attributable, the TSD rating is comprised solely of the remaining indicator (i.e., 100%).

A minimum of one indicator is required to receive a rating for TSD: Assessment, Growth, IEP Goals Progress. If all three indicators are absent or inapplicable, the 10% weighting for Teacher-Specific Data is reallocated to LEA Selected Measures, increasing the significance of that rating area to 20% of the overall performance rating for the classroom teacher.

¹⁰As evidenced on PSSA, PASA, and Keystone Exams

¹¹As calculated in the Pennsylvania Value-Added Assessment System (PVAAS)

Minimally, LEA Selected Measures (LEA SM) account for 10% of the annual evaluation of a professional employee serving as a classroom teacher. Where no Teacher-Specific Data are available or attributable, LEA SM comprise 20% of the teacher’s annual evaluation.

Similar to the use of Elective Data for evaluation under Act 82, LEAs must utilize at least one of the following measures to assess student performance directly attributable to the classroom teacher:

• Locally developed rubrics
• District-designed measures and examinations
• Nationally recognized standardized tests
• Industry certification examinations
• Student projects pursuant to local requirements
• Student portfolios pursuant to local requirements

The classroom teacher provides documented input on the development of LEA Selected Measures and annual data results, which the evaluator must include with other documentation of the teacher’s overall rating. In the analysis of the data, teachers shall have the opportunity to reflect on their successes, unanticipated barriers, and any supports that could have been useful. Metrics and measures may be revised mid-academic year, if agreed upon by both the evaluator and the employee, and may be reused on an annual basis if the goals are updated and continue to offer reflections for improvement.

To assist in evaluation, the Department has provided the Student Performance Measure: LEA Selected Measure template. The optional-use template is designed to offer increased flexibility in the identification of student need, educator response, and use of qualitative as well as quantitative measures; however, LEAs may elect to utilize other methods or continue with current processes for measuring student objectives. Whichever approach is chosen, LEAs must assign a rating of 0, 1, 2, or 3 in accordance with Act 13. If more than one student need is identified, an SPM template should be completed for each and weighted accordingly; the total weightings may not exceed 100% of the single, summative LEA Selected Measures rating of 0, 1, 2, or 3.

NOTE: LEA Selected Measures are also utilized for the optional Interim Evaluation of a professional employee deemed Unsatisfactory during the prior annual evaluation. Implementation of an LEA Selected Measure as part of an Interim Evaluation should be consistent with the process delineated above.

Performance Goals account for 20% of the evaluation of professional employees and temporary professional employees serving in principal roles, including assistant and vice principals, directors of career and technical education, and supervisors of special education.

Performance Goals must be determined before the beginning of each school year between the employee and the supervising administrator, referencing the Observation and Practice leadership domains and practice models to inform the focus areas of performance. Goals may be district-specific or building-specific, and the plan of action should include explicit measurable areas and the evidence to be collected during the year.

To assist in evaluation, the Department has provided the Principal Performance Goals template. The optional-use template is designed to offer increased flexibility in the identification of need, response, and use of qualitative as well as quantitative measures; however, LEAs may elect to utilize other methods or continue with current processes for measuring performance objectives.

The principal and supervising administrator must meet mid-point to monitor progress and modify the goals, as necessary. At the conclusion of the school year, the principal and the immediate supervisor shall meet again to evaluate the attainment of Performance Goals and assign a rating in accordance with Act 13. If more than one Performance Goal is used for the evaluation of the employee, the principal and immediate supervisor may establish a weighting for each Performance Goal to produce the single Performance Goal rating of 0, 1, 2, or 3.

A rating is assigned to each area of evaluation where the measure is applicable and data are available and attributable to the employee. Each rating is weighted as appropriate to the employee and the sum converted into a single overall performance rating of Distinguished, Proficient, Needs Improvement, or Failing as delineated in the table below:

The number of employees receiving an overall performance rating of Distinguished may not be limited through local policies, guidelines, communications, or practices; nor may an employee be rated Failing or Needs Improvement based solely on student test scores.

The chief school administrator or the assistant administrator, supervisor, or principal who has supervision over the employee’s work performs the employee evaluation and signs the rating form. Unsatisfactory ratings are not valid unless approved and signed by the chief school administrator.

All assigned weightings, ratings, and other information pertinent to the evaluation must be recorded on the rating form. Rating forms must be marked to indicate the employee’s status as either a professional employee or a temporary professional employee, the overall performance rating, and whether the final rating is regarded to be Satisfactory or Unsatisfactory. A signed copy of the rating form must be provided to the employee.

Any employee dismissed for unsatisfactory performance must be provided both a completed rating form and the contents of the rating tool, including a description based upon observations of deficiencies in practice supported by detailed anecdotal records that justify the Unsatisfactory rating.

LEAs must establish a permanent record system containing the ratings for each employee within the LEA. Employees may not be dismissed for unsatisfactory performance unless rating records have been kept on file by the LEA. Employee rating forms are not subject to disclosure under the Right-to-Know Law nor are they submitted to the Department.

The only training requirements delineated in Act 13 are as follows:

• Local induction programs must be updated to incorporate training on Educator Effectiveness inclusive of the consistent use of quality evaluation data. To satisfy this requirement:
  • Inductees may complete either a locally provided training or the appropriate 5-hour Act 48 course available via the SAS PD Center .
• Temporary Professional Employees (TPEs) serving as classroom teachers or as non-teaching professionals must participate in training on Educator Effectiveness during their probationary period. To satisfy this requirement:
  • TPEs may complete either a locally provided training or the appropriate 5-hour Act 48 course available via the SAS PD Center .
• Newly appointed principals must participate in training on Educator Effectiveness within the first six months of appointment. To satisfy this requirement:
  • Principals, assistant principals, vice principals, and directors of career and technical education must complete the 30-hour PIL course Act 13 & Beyond: School Leaders Driving Instructional Excellence, for which they will receive Act 45 credit.
  • Supervisors of special education may complete either the 30-hour PIL course Act 13 & Beyond: School Leaders Driving Instructional Excellence, for which they will receive Act 48 credit, or the appropriate 5-hour Act 48 course available via the SAS PD Center .
• All professional employees serving as classroom teachers, non-teaching professionals, and principals must complete a condensed Educator Effectiveness training every seven years.

To assist LEAs, the Department partnered with Allegheny Intermediate Unit 3 (AIU3) to provide resources , including presentation slide decks and guides, that may be adopted or adapted for local training.

Although Act 13 does not mandate training other than the requirements listed above, LEAs are encouraged to support transparency by minimally communicating changes to the Educator Effectiveness system prior to evaluation of impacted personnel.

The Professional Development (PD) Center in the Department’s Standards Aligned System (SAS) portal offers four 5-hour asynchronous facilitated courses designed to address the impact of Act 13 on the Educator Effectiveness Evaluation system:

• Educator Effectiveness: Classroom Teachers
• Educator Effectiveness: Other Non-Teaching Professionals & Educational Specialists
• Educator Effectiveness: Non-Teaching Professional Supervisors
• Educator Effectiveness: Supervisors of Special Education

In addition, approximately 60 Act 48 programs focusing on the domains of practice contained within the framework for evaluating classroom teacher effectiveness have been refreshed to reflect the new guidelines pursuant to Act 13. The asynchronous, facilitated programs range from five to 10 hours, depending on the complexity of the content, and Act 48 hours should be reflected in Pennsylvania’s Professional Education Record Management System (PERMS) four weeks after successful course completion.

Courses and programs are accessible at no-cost to registered users in the PD Center located under SAS Tools.

Four rating tools, comprised of instructions and forms, have been provided by the Department to function as summary records in the evaluation of the effectiveness of professional employees and temporary professional employees. Assigned weighting, ratings, and other information pertinent to the evaluation must be recorded on the rating form, with supporting evidence maintained as part of the permanent evaluation record system.

• PDE 13-1 (Classroom Teacher)
  • PDE 13-1 PE: for the annual evaluation of a professional employees serving as classroom teachers
  • PDE 13-1 TPE: for the annual/semi-annual evaluation of temporary professional employees serving as classroom teachers
• PDE 13-2 (Principal): for the annual evaluation of professional employees and the annual/semi-annual evaluation of temporary professional employees serving as principals (including assistant and vice principals, directors of career and technical education, and supervisors of special education)
• PDE 13-3 (Non-Teaching Professional)
  • PDE 13-3 PE: for the annual evaluation of professional employees serving as non-teaching professionals
  • PDE 13-3 TPE: for the annual/semi-annual evaluation of temporary professional employees serving as non-teaching professionals
• PDE 13-4 (Interim Rating): for the optional, interval evaluation of professional employees deemed Unsatisfactory on the last annual evaluation

The rating tools are not intended to establish mandates or requirements for the formative process of supervising employees or to limit or constrain the authority of the chief school administrator of an LEA to initiate and take action on a personnel matter, including dismissal of an employee, based on information and data available at the time of the action.

In accordance with Act 13, the Pennsylvania Department of Education collaborated with various stakeholder groups and consulted with the American Institute for Research to refresh the frameworks for observation and practice provided for the evaluation of educator effectiveness under Act 82. The revised frameworks remain consistent with the original paradigms but include newly incorporated references to commonwealth priorities as delineated in Pennsylvania’s ESSA Consolidated State Plan:

• Practices that support equity in education (i.e., ensuring every child has an equal chance for success).
• Practices that support cultural competence in education (i.e., valuing the diversity among students and designing an educational system to serve all).
• Practices that encourage inclusion in education (i.e., providing students with special needs the same educational setting as non-disabled peers, where appropriate).
• Practices that foster social and emotional learning (i.e., the process by which students understand and manage emotions and their effect on relationships and decisions).
• Practices that further career readiness (i.e., attainment of broad competencies for a successful transition to the workplace).
• Practices that encompass research-based strategies (e.g., scaffolding or project-based learning).
• Practices that facilitate synchronous and asynchronous remote learning (i.e., when a student is not physically present in a traditional classroom).

There are three frameworks for observation and practice: Classroom Teacher, Principal, and Non-Teaching Professional. The framework for the evaluation of Principals is designed for use with other school leaders as well as supervisors. The framework for the evaluation of Non-Teaching Professionals (NTPs) offers slight modifications in the embedded practice models to assist in rating NTPs with disparate roles and certifications/licensures.

• Framework for Classroom Teacher
• Framework for Principal
• Framework for Non-Teaching Professional
  • Instructional Technology Specialist
  • School Counselor
  • School Health Specialist (Nurse, Dental Hygienist)
  • School Psychologist
  • School Social Worker/Home & School Visitor
  • School Speech & Language Pathologist
  • Other Non-Teaching Professional

Similar to the process under Act 82, three templates are provided to facilitate local evaluation of performance measures. Unlike the process under Act 82, use of the templates is optional for evaluation under Act 13.

The customizable templates offer increased flexibility in the identification of need, response, and use of qualitative as well as quantitative measures; however, LEAs may elect to utilize other methods or continue with current processes for measuring objectives. Whichever approach is chosen, LEAs must assign a rating of 0, 1, 2, or 3 in accordance with Act 13 for the required area of evaluation of educator effectiveness.

Two are Student Performance Measure (SPM) templates, designed to align the identified student challenge or need to related school-level objectives and/or LEA-level priorities, encourage instructional innovation, and improve educator practice.

• The SPM: IEP Goals Progress template may be used in the evaluation of a professional employee serving as a classroom teacher, where the teacher-specific data are available and directly attributable to the employee (see IEP Goals Progress for more information).
• The SPM: LEA Selected Measure template may be used in the evaluation of a professional employee serving as a classroom teacher (see LEA Selected Measures for more information).
  • The template also may be used during the Interim Evaluation of a professional employee serving as a classroom teacher, principal, or non-teaching professional whose performance was previously deemed Unsatisfactory.

The Principal Performance Goals template is designed to facilitate active participation in the evaluation process while improving the school leader’s effectiveness and fostering collaboration.

• The Principal Performance Goals template may be used in the evaluation of a professional employee or temporary professional employee serving in a principal role, including an assistant principal, vice principal, director of career and technical education, and supervisor of special education (see Performance Goals for more information).

The following are definitions and terms excerpted from Pa. Act 13 of 2020 and Title 22 Chapter 19 of the Pennsylvania Code:

Assessment

The Pennsylvania System of School Assessment test, the Keystone Exams or another test established by the State Board of Education or approved by an act of the General Assembly to meet the requirements of section 2603- B(d)(10)(i) of the Public School Code (24 P.S. § 26-2603-B(d)(10)(i)) and the requirements of the Every Student Succeeds Act (Pub. L. No 114-95) or its successor statute or required to achieve other standards established by the Department for the school or school district.

Attendance Rate

The Average Daily Attendance (ADA) divided by the Average Daily Membership (ADM), where:

1. ADA is the total number of days of student attendance divided by the total number of days in the regular school year.
2. ADM is the total number of days enrolled (days present plus days absent) divided by the actual total number of student days in the regular school year.

Building

A school or configuration of grades assigned a unique four-digit identification number by the Department.

Challenge Multiplier

An adjustment of the building level score by adding points based on the percentage of economically disadvantaged students enrolled in the school.

Chief School Administrator

An individual employed as a school district superintendent, an executive director of an intermediate unit, or an administrative director of an area career and technical school.

Classroom Teacher

A professional or temporary professional employee who provides direct instruction to students related to a specific subject or grade level.

Classroom Walk-Through

An observational classroom visit by an evaluator to observe an employee for the purpose of gathering evidence and artifacts to inform the employee's rating.

Comprehensive Classroom Observation

An observational classroom visit that includes a pre-conference and post-conference between an evaluator and an employee which may be conducted by telephone or videoconferencing. Upon the mutual agreement of both an evaluator and a professional employee, the requirement of a post-conference may be waived for extenuating circumstances, if the evaluator places written documentation of the comprehensive classroom observation in the professional employee's file. If the extenuating circumstances are raised by the evaluator, a professional employee who does not receive a post-conference shall not receive a rating of needs improvement or failing on the comprehensive classroom observation component of an evaluation. The requirement of a post-conference shall not be waived for a temporary professional employee.

Data-Available Teacher

A classroom teacher who is a professional employee teaching English, language arts, mathematics, science, or other content areas as assessed by an Assessment, including the Pennsylvania System of School Assessment (PSSA) and Keystone Exams.

Department

The Department of Education of the Commonwealth.

Differentiated Supervision

A system of supervision of professional employees that:

1. Involves a multi-year cycle in which supervisors complete a comprehensive classroom observation for one annual rating in the professional employee's supervision cycle and in the other years of the cycle collaborate with the professional employee to differentiate supervision by developing individualized goals, learning activities, and measures for the professional employee's growth in one or more areas listed in section 1138.3(a)(1) or (b)(1) of the Public School Code (24 P.S. §§ 11-1138.3(a)(1)) or (b)(1)), a nonteaching professional employee's growth in one or more areas listed in section 1138.5(a) or (b) of the Public School Code (24 P.S. §§ 11-1138.5(a) or (b)).
2. Is offered only to professional employees who received a proficient or distinguished annual rating in both of the 2 immediately preceding years and is not offered to temporary professional employees.
3. Is optional for the employer and the professional employee.
4. In any year in which the professional employee does not receive a comprehensive classroom observation, uses data sources and data collection strategies designed to measure a professional employee's progress toward the professional employee's individualized professional goals.
5. Allows a supervisor to move a professional employee out of individualized professional goals, activities and measures and into comprehensive classroom observation at any time.
6. Allows a professional employee to move out of individualized professional goals, activities and measures and enter comprehensive classroom observation at any time.

District-Designed Measures and Examinations

Methods for evaluating student performance created or selected by a local education agency (LEA).

Economically Disadvantaged

The status of a student as reported by a school district, intermediate unit, or area career and technical school through the Pennsylvania Information Management System (PIMS) and determined based upon poverty data sources such as eligibility for Temporary Assistance for Needy Families, Medicaid, or free or reduced-price lunch, census data, residence in an institution for the neglected or delinquent, or residence in a foster home.

Educational Specialist

A person who holds an educational specialist certificate issued by the Commonwealth, including but not limited to, a certificate in the area of elementary school counselor, secondary school counselor, social restoration, school nurse, home and school visitor, school psychologist, dental hygienist, instructional technology specialist or nutrition service specialist.

Evaluator

Includes the chief school administrator or the chief school administrator's designee who is an assistant administrator, supervisor or principal, has supervision over the work of the professional employee or temporary professional employee being rated and is directed by the chief school administrator to perform the rating.

Graduation Rate

The rate submitted by the Department under the Every Student Succeeds Act State plan that represents the percentage of students in a school who earn a high school diploma within 4 years.

Growth

Calculated in the Pennsylvania Value-Added Assessment System (PVAAS) using longitudinal assessment data, growth reflects the level of evidence that a school's students achieved the expected level of advancement over the academic year.

IEP Goals Progress

A measure of growth and student performance for special education students as established in Individualized Education Program (IEP) plans by the LEA IEP team.

Keystone Exam

An assessment developed or caused to be developed by the Department under 22 Pa. Code § 4.51 (relating to State assessment system).

LEA

A Local Education Agency, including a school district, area career technology and technical center, and intermediate unit, which is required to use a rating tool established under sections 1138.1—1138.16 of the Public School Code (24 P.S. §§ 11-1138.1—11.1138.16).

Locally Developed School District Rubrics

Measures of student performance created or selected by an LEA.

Non-Data-Available Teacher

A Classroom Teacher teaching in a content area not assessed by an Assessment.

Non-Teaching Professional (NTP) Employee

An educational specialist or a professional employee or temporary professional employee who provides services and who is not a classroom teacher.

PVAAS

Pennsylvania Value-Added Assessment System—A statistical analysis established in compliance with 22 Pa. Code §403.3 (relating to single accountability system) and used to measure the influence of a district, school, or teacher on the academic progress rates of groups of students from year to year. PVAAS data are made available by the Department under section 221 of the Public School Code (24 P.S. § 2-221).

Performance Improvement Plan

A plan, designed by an LEA with documented input of the employee, that:

1. Provides actionable feedback to an employee on the specific domain within the comprehensive classroom observation and practice models that prevented the employee from achieving a proficient rating. The employer shall consider the documented input from the employee for inclusion in the plan.
2. Identifies employer resources that will be provided to an employee to help the employee improve. Resources may include, but shall not be limited to, mentoring, coaching, recommendations for professional development and intensive supervision based on the contents of the rating tool provided for under sections 1138.1—1138.16 of the Public School Code.

Principal

Includes a building principal, an assistant principal, a vice principal, a supervisor of special education or a director of career and technical education.

Professional Employee

Shall include those who are certificated as teachers, supervisors, supervising principals, principals, assistant principals, vice-principals, directors of career and technical education, dental hygienists, visiting teachers, home and school visitors, school counselors, child nutrition program specialists, school librarians, school secretaries the selection of whom is on the basis of merit as determined by eligibility lists and school nurses.

Rating Scale

The method by which a value is assigned during the evaluation of a professional employee using the following levels of performance:

1. A score of three, or ''distinguished,'' indicates the employee's performance consistently reflects teaching professional position and placement at the highest level of practice.
2. A score of two, or ''proficient,'' indicates the employee's performance consistently reflects practice at a professional level.
3. A score of one, or ''needs improvement,'' indicates the employee is functioning below proficient for performance expectations required for continued employment.
4. A score of zero, or ''failing,'' indicates the employee does not meet performance expectations required for the position.

Temporary Professional Employee (TPE)

Any individual who has been employed to perform for a limited time the duties of a newly created position or of a regular professional employee whose service has been terminated by death, resignation, suspension or removal.

24 P.S. § 11-1138.1 et seq.

22 Pa Code § 19.1a. et seq.