Representative Marie H. Poulson proposes the following substitute bill:


1     
STUDENT TESTING AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marie H. Poulson

5     
Senate Sponsor: Lincoln Fillmore

6     

7     LONG TITLE
8     General Description:
9           This bill amends provisions related to the evaluation of educators and administrators.
10     Highlighted Provisions:
11          This bill:
12          ▸      places restrictions on the use of end-of-level assessment scores for the evaluation
13     and compensation of certain employees; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          53A-8a-405, as renumbered and amended by Laws of Utah 2012, Chapter 425
22          53A-8a-409, as last amended by Laws of Utah 2014, Chapter 262
23          53A-8a-601, as last amended by Laws of Utah 2014, Chapter 262
24          53A-8a-702, as last amended by Laws of Utah 2014, Chapter 262
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 53A-8a-405 is amended to read:
28          53A-8a-405. Components of educator evaluation program.
29          An educator evaluation program adopted by a local school board in consultation with a
30     joint committee established in Section 53A-8a-403:
31          (1) shall include the following components:
32          [(1)] (a) a reliable and valid evaluation program consistent with generally accepted
33     professional standards for personnel evaluation systems;
34          [(2) (a)] (b) (i) the evaluation of provisional and probationary educators at least twice
35     each school year; and
36          [(b)] (ii) the annual evaluation of all career educators;
37          [(3)] (c) systematic evaluation procedures for both provisional and career educators;
38          [(4)] (d) the use of multiple lines of evidence, [such as] including:
39          [(a)] (i) self-evaluation;
40          [(b)] (ii) student and parent input;
41          [(c)] (iii) peer observation;
42          [(d)] (iv) supervisor observations;
43          [(e)] (v) evidence of professional growth;
44          [(f)] (vi) student achievement data; and
45          [(g)] (vii) other indicators of instructional improvement;
46          [(5)] (e) a reasonable number of observation periods for an evaluation to [insure]
47     ensure adequate reliability;
48          [(6)] (f) administration of an educator's evaluation by:
49          [(a)] (i) the principal;
50          [(b)] (ii) the principal's designee;
51          [(c)] (iii) the educator's immediate supervisor; or
52          [(d)] (iv) another person specified in the evaluation program;
53          [(7)] (g) an orientation for educators on the educator evaluation program; and
54          [(8)] (h) a summative evaluation that differentiates among four levels of
55     performance[.]; and
56          (2) may not use end-of-level assessment scores in educator evaluation.
57          Section 2. Section 53A-8a-409 is amended to read:
58          53A-8a-409. State Board of Education to establish a framework for the
59     evaluation of educators.
60          [The] (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
61     Act, the State Board of Education shall make rules:
62          [(1)] (a) establishing a framework for the evaluation of educators that is consistent with
63     the requirements of Part 3, Employee Evaluations, and this part;
64          [(2)] (b) requiring a teacher's summative evaluation to be based on[: (a) student
65     learning growth or achievement, if measures of student learning growth are not available; and
66     (b)] standards of instructional quality; and
67          [(3)] (c) requiring each school district to fully implement an evaluation system for
68     educators in accordance with the framework established by the State Board of Education no
69     later than the 2015-16 school year.
70          (2) The rules described in Subsection (1) shall prohibit the use of end-of-level
71     assessment scores in educator evaluation.
72          Section 3. Section 53A-8a-601 is amended to read:
73          53A-8a-601. State Board of Education to make rules on performance
74     compensation.
75          (1) [The] In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
76     Act, the State Board of Education shall make rules requiring a school district's employee
77     compensation system to be aligned with the district's annual evaluation system described in
78     Section 53A-8a-405.
79          (2) Rules adopted under Subsection (1) shall :
80          (a) establish a timeline for developing and implementing an employee compensation
81     system that is aligned with an annual evaluation system; and
82          (b) provide that beginning no later than the 2016-17 school year:
83          (i) any advancement on an adopted wage or salary schedule:
84          (A) shall be based primarily on an evaluation; and
85          (B) may not be based on end-of-level assessment scores; and
86          (ii) an employee may not advance on an adopted wage or salary schedule if the
87     employee's rating on the most recent evaluation is at the lowest level of an evaluation
88     instrument.
89          Section 4. Section 53A-8a-702 is amended to read:
90          53A-8a-702. Evaluation of school and district administrators.
91          [The] (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
92     Act, the State Board of Education shall[: (1) establish in] make rules that establish a framework
93     for the evaluation of school and district administrators that includes the following components:
94          (a) student achievement indicators emphasizing learning growth and proficiency;
95          (b) the results of an evaluation tool utilized by the local school board that includes
96     input from employees, parents, and students;
97          (c) the effectiveness of evaluating employee performance in a school or district for
98     which the school or district administrator has responsibility; and
99          (d) other factors as determined by a local school board in implementing state law and
100     State Board of Education rules[; and].
101          (2) The rules described in Subsection (1) shall prohibit the use of end-of-level
102     assessment scores in the evaluation of school and district administrators.
103          [(2)] (3) The State Board of Education shall require each school district to fully
104     implement an evaluation system for school and district administrators in accordance with the
105     framework established by the State Board of Education no later than the 2015-16 school year.