ASSEMBLY, No. 4444







Sponsored by:


District 15 (Hunterdon and Mercer)


District 35 (Bergen and Passaic)






     Eliminates use of standardized assessments as measure of student growth or progress in evaluations of teachers, principals, assistant principals, and vice-principals.



     As introduced.


An Act concerning the evaluation of certain teaching staff members and amending P.L.2012, c.26.


     Be It Enacted by the Senate and General Assembly of the State of New Jersey:


     1.      Section 17 of P.L.2012, c.26 (C.18A:6-123) is amended to read as follows:

     17.    a.  The Commissioner of Education shall review and approve evaluation rubrics submitted by school districts pursuant to section 16 of P.L.2012, c.26 ( ). The board of education shall adopt a rubric approved by the commissioner.

     b.    The State Board of Education shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to set standards for the approval of evaluation rubrics for teachers, principals, assistant principals, and vice-principals.  The standards at a minimum shall include:

     (1)   four defined annual rating categories for teachers, principals, assistant principals, and vice-principals: ineffective, partially effective, effective, and highly effective;

     (2)   a provision requiring that the rubric be partially based on multiple objective measures of student learning that use student growth from one year's measure to the next year's measure;

     (3)   a provision that allows the district [, in grades in which a standardized test is not required,] to determine the methods for measuring student growth;

     (4)   a provision that multiple measures of practice and student learning be used in conjunction with professional standards of practice using a comprehensive evaluation process in rating effectiveness with specific measures and implementation processes.  Standardized assessments shall not be used as a measure of student growth or progress [but] and shall not be [the predominant] a factor in [the overall] any evaluation [of a teacher];

     (5)   a provision that the rubric be based on the professional standards for that employee;

     (6)   a provision ensuring that performance measures used in the rubric are linked to student achievement;

     (7)   a requirement that the employee receive multiple observations during the school year which shall be used in evaluating the employee;

     (8)   a provision that requires that at each observation of a teacher, either the principal, his designee who shall be an individual employed in the district in a supervisory role and capacity and who possesses a school administrator certificate, principal certificate, or

supervisor certificate, the vice-principal, or the assistant principal shall be present;

     (9)   an opportunity for the employee to improve his effectiveness from evaluation feedback;

     (10)    guidelines for school districts regarding training and the demonstration of competence on the evaluation system to support its implementation;

     (11)    a process for ongoing monitoring and calibration of the observations to ensure that the observation protocols are being implemented correctly and consistently;

     (12)    a performance framework, associated evaluation tools, and observation protocols, including training and observer calibration resources;

     (13)    a process for a school district to obtain the approval of the commissioner to utilize other evaluation tools; and

     (14)    a process for ensuring that the results of the evaluation help to inform instructional development.

     c.     A board of education shall adopt a rubric approved by the commissioner by December 31, 2012.

     d.    Beginning no later than January 31, 2013, a board of education shall implement a pilot program to test and refine the evaluation rubric.

     e.     Beginning with the 2013-2014 school year, a board of education shall ensure implementation of the approved, adopted evaluation rubric for all educators in all elementary, middle, and high schools in the district.  Results of evaluations shall be used to identify and provide professional development to teaching staff members. Results of evaluations shall be provided to the commissioner, as requested, on a regular basis.

     f.     The commissioner shall establish a model evaluation rubric that may be utilized by a school district to assess the effectiveness of its teaching staff members.

(cf: P.L.2012, c.26, s.17)


     2.    This act shall take effect immediately.





     This bill provides that standardized assessments may not be used as a measure of student growth or progress in the evaluation of a teacher, principal, assistant principal, or vice-principal.  Under the “Teacher Effectiveness and Accountability for the Children of New Jersey (TEACHNJ) Act,” P.L.2012, c.26 (C.18A:6-117 et al.), student progress on standardized assessments may be used as a factor in teacher evaluations, although it may not be the predominant factor in the overall evaluation of a teacher.  This bill revises the relevant section of law.