(a)

1. (1) Each educational entity shall conduct a summative evaluation of each teacher employed by the educational entity under this part at least one (1) time every four (4) years.
2. (2) However, an educational entity may choose to conduct a summative evaluation for any teacher at any time.

3. (3)

   1. (A) The educational entity is responsible for determining when a teacher is required to have a summative evaluation.
   2. (B) The summative evaluation schedule for a teacher transferring from another educational entity may be based on the date of the transferring teacher’s last summative evaluation, which may be provided by the previous educational entity under Arkansas Code § 11-3-204.

(b) An educator and evaluator shall:

1. (1) Participate in the Teacher Excellence and Support System; and
2. (2) Collaborate in good faith to develop the educator’s professional growth plan based on the identified needs of the educator.

(c) A summative evaluation shall be based on the evaluation framework and rubric established by the Department of Education and:

1. (1) Result in an evaluation determination for the teacher’s performance on all evaluation domains as a whole;
2. (2) Use the appropriate evaluation framework and evaluation rubric appropriate to the teacher’s role;

3. (3)

   1. (A) Use more than one (1) type of evidence of the teacher’s professional practice including:

(i) Direct observation;

1. (ii) Indirect observation;

   1. (iii) Artifacts; and

      1. (iv) Data.
   2. (B) This section does not require that every component of the domains be evidenced by artifacts when observation or data is used.

   3. (C) A school district or public school may adopt policies to incorporate one (1) or more of the following:

      1. (i) Peer observations and student feedback that contribute to the summative rating; and
      2. (ii) A teacher’s work completed since the last summative evaluation for all or part of the required components for the certification or renewal of a certification from the National Board for Professional Teaching Standards may be substituted for the whole or any part of the evaluation framework for the teacher;
2. (4) Include presentations of evidence from both the teacher and the evaluator;
3. (5) Provide an opportunity for the evaluator and teacher to discuss the review of evidence used in the evaluation; and

4. (6) Provide feedback based on the evaluation rubric that the teacher can use to improve teaching skills and student learning.

   1. (d) An evaluator shall use an evaluation rubric and evidence that appropriately takes into account the teacher’s role, job duties, and circumstances when conducting a summative evaluation of a teacher who is not a classroom teacher or any of the following:
5. (1) A guidance counselor;
6. (2) A library media specialist;
7. (3) A special education teacher; or

8. (4) The following teachers:

   1. (A) Distance learning teachers;
   2. (B) Virtual charter school teachers;
   3. (C) Teachers at the Arkansas School for the Deaf and Blind;
   4. (D) Teachers at the Arkansas Correctional School;
   5. (E) Instructional facilitators and instructional coaches; and
   6. (F) Teachers who are employed by education service cooperatives to instruct public school students.