As used in this part:

1. (1) “Annual rating” means a formative or summative rating given at the end of each year:

   1. (A) Based on the educator’s professional growth plan and observations; and
   2. (B) Including components within the evaluation framework as reported in the state-approved evaluation system;
2. (2) “Artifact” means materials that document the educator’s professional practice;
3. (3) “Beginning administrator” means a building-level or district-level leader who has completed fewer than three (3) school years as a building-level or district-level leader;

4. (4)

   1. (A) “Building-level or district-level leader” means an individual employed by an educational entity who performs the role of a building-level administrator or district-level administrator or an equivalent role, including an:

      1. (i) Administrator licensed by the State Board of Education;
      2. (ii) Unlicensed administrator; or
      3. (iii) Individual on an Administrator Licensure Completion Plan.
   2. (B) “Building-level or district-level leader” does not include a superintendent or assistant superintendent or an individual in an equivalent role unless the educational entity elects to include that role;

5. (5)

   1. (A) “Collaborator” means an individual who has been assigned the responsibility to provide additional services that support and increase a student’s learning and/or access to learning.

   2. (B) “Collaborator” includes a:

      1. (i) Classroom teacher, other than the teacher of record, who is engaged directly in instruction with students in a classroom setting;
      2. (ii) Guidance counselor;
      3. (iii) Library media specialist;
      4. (iv) Instructional facilitator or instructional coach;
      5. (v) Teacher employed by an education service cooperative who instructs public school students;
      6. (vi) Speech-language pathologist;
      7. (vii) Gifted and talented coordinator;
      8. (viii) School psychologist;
      9. (ix) English language learner instructor;
      10. (x) Lead Professional Educator; or
      11. (xi) Person in another position identified by the Department of Education;

6. (6)

   1. (A) “Data” means:

      1. (i) Teacher performance data, which may include without limitation:

         1. (a) (a) Progress on professional learning goals;
         2. (b) (b) Professional practice ratings;
      2. (c) (c) Value-added measure; and
      3. (d) (d) Other indicators determined by the educational entity;

      4. (ii) Student performance data, which may include without limitation:

         1. (a) (a) State and local assessments;
         2. (b) (b) Samples of student work;
      5. (c) (c) Portfolios;

      6. (d) (d) Projects;

         1. (e) (e) Value-added measure; and
         2. (f) (f) Other indicators determined at the local level; and
      7. (iii) Overall school performance data.

   2. (B) “Data” shall include multiple sources of information, such as:

      1. (i) Measures of student growth;
      2. (ii) Measures of teacher growth;
      3. (iii) Measures of school growth;
      4. (iv) School quality; or
      5. (v) Student success;
7. (7) “Department” means the Department of Education;
8. (8) “Direct observation” means the evaluator is physically present or using appropriate technology to observe the teacher or leader performing essential job functions;

9. (9) “Educational entity” means:

   1. (A) An Arkansas public school district;
   2. (B) A public charter school;
   3. (C) A distance learning school;
   4. (D) A virtual charter school;
   5. (E) The Arkansas School for the Deaf and Blind;
   6. (F) The Arkansas Correctional School District; or
   7. (G) Any other school that has a local educational agency number assigned by the Department of Education;

10. (10) “Educator” means:

    1. (A) Teacher;
    2. (B) Building-level leader; and
    3. (C) District-level leader;
11. (11) “Effective teacher” means a teacher who fully demonstrates the effective practices as outlined in the state-approved evaluation framework;

12. (12)

    1. (A) “Evaluation” means the process under this part used to:

       1. (i) Assess with evidence what a teacher or leader should know and be able to do as measured by performance ratings based on an evaluation framework; and
       2. (ii) Promote teacher growth through professional learning.
    2. (B) “Evaluation” does not include a teacher’s performance relating to competitive athletics and competitive extracurricular activities;
13. (13) “Evaluation framework” means a standardized set of teacher evaluation domains that provide the overall basis for an evaluation;
14. (14) “Evaluation rubric” means a set of performance components for each teacher evaluation domain in the evaluation framework;

15. (15)

    1. (A) “Evaluator” means a person licensed by the State Board of Education as an administrator who is:

       1. (i) Designated as the person responsible for evaluating teachers or building-level or district-level leaders; and
       2. (ii) An employee of the educational entity in which the evaluations are performed.
    2. (B) “Evaluator” also includes public charter school administrators who are designated by their public charter schools as evaluators, even if the public charter school administrators do not hold an administrator’s license;

16. (16)

    1. (A) “Evidence” includes:

       1. (i) Direct observation;
       2. (ii) Indirect observation;
       3. (iii) Artifacts; and
       4. (iv) Data.

    2. (B) Evidence:

       1. (i) Facilitates a professional dialogue for the educator and evaluator; and
       2. (ii) Provides essential evidence of the educator’s professional practice;
17. (17) “Formative year” means a year other than a summative evaluation year in which the educator and the educational entity collaboratively engage in supporting the educator’s growth in effective professional practices, aligned with the educator’s needs identified in the educator’s professional growth plan;
18. (18) “Highly effective teacher” means a teacher who has demonstrated beyond the effective concepts outlined in the state-approved evaluation framework;
19. (19) “High performing” means a teacher as defined by the Master Professional Educator designation;

20. (20) “Indirect observation” means the evaluator observes systems that operate as a result of a teacher’s research, planning, and implementation:

    1. (A) Inside the classroom; or
    2. (B) In a work-related environment outside of the classroom;

21. (21) “Leader Excellence and Development System (L.E.A.D.S.)” means a statewide administrator evaluation system that:

    1. (A) Is aligned to current educational leadership standards adopted by the State Board of Education;
    2. (B) Uses multi-tiered systems of professional support and learning for what a leader should know and be able to do; and
    3. (C) Provides a research-based framework to conduct building-level or district-level leader evaluations;
22. (22) “Novice teacher” means a teacher who has completed fewer than three (3) school years of classroom teaching experience;
23. (23) “Performance growth” means positive overall student growth as defined using the state-approved growth model;
24. (24) “Professional growth plan” means an individual educator’s plan that is designed to meet the specific growth needs of the educator as identified under this part;

25. (25) “Progressing teacher” means a teacher who attempts to implement the elements outlined in the state-approved evaluation framework but implementation is:

    1. (A) Sporadic;
    2. (B) Intermittent; or
    3. (C) Otherwise not completely successful;
26. (26) “State board” means the State Board of Education;

27. (27) “Student growth measure” means a measure of a student’s academic performance and other factors that lead to the improvement of learning behavior, cognitive skills, or social and emotional development, which in addition to statewide assessments may include:

    1. (A) Measures of improvement or progress on grades;
    2. (B) Graduation rates;
    3. (C) Health and wellness;
    4. (D) Attendance;
    5. (E) Discipline or behavioral issues;
    6. (F) Ability to concentrate and focus on task; and
    7. (G) Development of personal competencies;

28. (28) “Summative evaluation” means an evaluation of an educator’s performance that:

    1. (A) Evaluates all domains or standards of the evaluation framework;
    2. (B) Is supported by evidence of the educator’s professional practice;
    3. (C) Supports improvement in the educator’s teaching or educational leadership practices and student achievement;
    4. (D) Informs a school district’s employment decision concerning the educator; and
    5. (E) Includes a summative rating;

29. (29)

    1. (A) “Teacher” means a person who is:

       1. (i) Required to hold and holds a teaching license or permit from the State Board of Education as a condition of employment; and

       2. (ii) Employed as a:

          1. (a) (a) Teacher of record in a public school;
          2. (b) (b) Collaborating professional; or
       3. (c) (c) One (1) of the following teachers who instruct public school students:
30. (1) (1) Distance learning teacher;
31. (2) (2) Virtual charter school teacher;
32. (3) (3) Teacher at the Arkansas School for the Deaf and Blind;
33. (4) (4) Teacher at the Arkansas Correctional School; or

34. (5) (5) Aspiring Teacher Permit;

    1. (B) “Teacher” also includes a nonlicensed classroom teacher or collaborating professional employed at a:

       1. (i) Public charter school under a waiver of teacher licensure requirements granted in the charter; or
       2. (ii) School district under a waiver of teacher licensure requirements granted under Arkansas Code § 6-15-103 or under the District of Innovation Program, Arkansas Code § 6-15-2801 et seq.
    2. (C) “Teacher” does not include a person who is employed full-time by a school district or public school solely as a superintendent or administrator;
35. (30) “Teacher Excellence and Support System (T.E.S.S.)” means a statewide teacher evaluation system that provides support, collaboration, feedback, and targeted professional development opportunities aimed at ensuring effective teaching and improving student learning;

36. (31)

    1. (A) “Teacher of record” is an individual or individuals in a teaching or co-teaching assignment who are assigned the lead responsibility for student learning in a subject or course with aligned curriculum standards.

    2. (B) A teacher of record:

       1. (i) Plans instruction;
       2. (ii) Delivers instruction;
       3. (iii) Assesses student learning; and
       4. (iv) Assigns grades;
37. (32) “Unsatisfactory teacher” means a teacher or leader who does not demonstrate the concepts outlined in the state-approved evaluation framework.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided the following at the end of the section: “Source: Ark. Code Ann. §§ 6-17-2803, 6-15-1004”.