PA173 of 2015 (MCL 380.1249) requires all district to adopt and implement a rigorous, transparent, and fair performance evaluation system. Beginning in 2016-17, all districts must publicly post assurances that they have implemented their system with fidelity, thus ensuring "validity, reliability and efficacy."
Validity is specific to the accuracy of an assessment – whether or not it measures what it is supposed to measure. Does the frameworks/rubrics adopted by your district measure teacher and administrator effectiveness?
Reliability is the degree to which an assessment tool produces stable and consistent results. Does the evaluator score/rate evidence of teacher effectiveness accurately and consistently when using the performance rubric?
Efficacy is the capacity to produce a desired result or effect; effectiveness. Does the evaluator implement the tool with fidelity? Does the use of the evaluation process, instructional framework, and/or performance rubric result in improved teacher/administrator performance and student achievement?
All four of the approved teacher and two administrator evaluation systems recommended by the Michigan Council for Educator Effectiveness (MCEE) are an institution's/company's intellectual property (e.g. Danielson Group, School ADvance, etc.). Each institution/company that owns this intellectual property has identified, trained, licensed, and authorized personnel to provide training in their tool and use of their materials during training, in order to protect the integrity of their intellectual property; manage commercialization; and ensure that these tools remain valid, reliable, and effective.
In order to make sure your district does not encounter any issues related to the new state law, copyright law, terms of use, and/or commercialization, keep the following thoughts in mind:
In determining who to provide training to your evaluators, observers and teachers, please check to make sure that they are qualified, authorized, and licensed to do so in your building/district by the framework and/or rubric provider. Although the statute is permissive on who trains teachers, federal law protects the intellectual property of these institutions/companies. Local public schools, public school academies, and intermediate school districts must ensure they are not violating copyright and terms of use. In addition, keep the following in mind:
For administrators: to ensure each district implements their performance evaluation with fidelity, state statute requires all evaluators and observers receive training by an individual who has expertise in the evaluation tool or tools, and has been specifically trained and authorized to train others in the tool. Typically, this means using trainers licensed and approved by the tool vendor.
For teachers: all teachers must be provided training. In many cases, building administrators are expected to translate the learning from training by an authorized provider into training for their teachers. In other cases, districts have hired licensed third party consultants to provide training. Either option is fine. However, if your district has hired unlicensed consultants (trainers not licensed by the tool vendor) or invited ESD/ISD consultants to provide this training, you are likely violating copyright law or terms of use. Many tool vendors provide free training materials and presentations that districts can use to deliver this training themselves and avoid these issues.
If your district has elected to use a modified tool or use a locally developed tool based on another persons intellectual property (i.e., Danielson's Framework for Teaching or McREL's Teacher Evaluation System), make sure you have received written authorization from the owner (i.e., Danielson Group, ASCD, McREL) of that property prior to modification, posting and use.
In selecting material and resources to use during training and posting to your public website, as required in statute, be mindful that these instructional frameworks, rubrics, training resources and materials are all copyrighted, and include terms of use. In most cases all material and resources shared during training are intended for internal use only to support participants in training and developing capacity around each instructional framework and/or rubric within their local district/building. Typically the terms of use prohibit individuals from posting, distributing and/or using these resources externally without explicit authorization and licensing from the institution/company. This includes prohibiting associations, ISDs/ESDs, and private consultants from using this intellectual property (training materials, resources, copyrighted frameworks, and rubrics) in providing training to staff in local districts and public school academies within their ISD/ESD, region and/or state.