H.B. 381

1

PROFESSIONAL EXCELLENCE PROGRAMS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ronda Rudd Menlove
5 Senate Sponsor: Peter C. Knudson
6
7 LONG TITLE
8 General Description:
9 This bill imposes requirements on the State Board of Education, local school boards,
10 and charter schools designed to improve the quality of instruction and student
11 achievement and provides funding for programs to improve the quality of instruction.
12 Highlighted Provisions:
13 This bill:
14 . requires the State Board of Education to:
15 . collect and maintain data relevant to teacher recruitment;
16 . provide information on alternative preparation programs and support
17 participants in alternative preparation programs;
18 . develop and implement a Leadership Consortium;
19 . develop and disseminate model evaluation programs;
20 . develop and disseminate model programs for the induction of beginning
21 teachers and provide technical assistance on supporting provisional educators;
22 and
23 . contract for an independent evaluation of teacher and administrator preparation
24 programs in the state;
25 . requires local school boards and charter school governing boards to provide
26 leadership training to administrators and measure leadership effectiveness;
27 . requires local school boards to:

28 . develop teacher evaluation programs incorporating measures of student
29 performance growth and other factors;
30 . evaluate educators on a regular basis; and
31 . compensate and train mentors;
32 . creates the Professional Excellence Program which provides money for school
33 districts and charter schools for:
34 . beginning teacher induction programs; and
35 . market incentives to recruit and retain teachers who fill positions for which
36 there is a critical shortage of qualified educators; and
37 . directs the Education Interim Committee to study performance incentives.
38 Monies Appropriated in this Bill:
39 This bill appropriates:
40 . as an ongoing appropriation, $28,500,000 from the Uniform School Fund for fiscal
41 year 2007-08; and
42 . for fiscal year 2007-08 only, $100,000 from the Uniform School Fund.
43 Other Special Clauses:
44 This bill takes effect on July 1, 2007.
45 Uncodified Sections 11, 12, and 13 are repealed on November 30, 2008.
46 Utah Code Sections Affected:
47 AMENDS:
48 53A-10-103, as last amended by Chapter 315, Laws of Utah 2003
49 53A-10-104, as enacted by Chapter 2, Laws of Utah 1988
50 53A-10-108, as last amended by Chapter 86, Laws of Utah 2001
51 53A-10-111, as last amended by Chapter 86, Laws of Utah 2001
52 ENACTS:
53 53A-1-410, Utah Code Annotated 1953
54 53A-6-113, Utah Code Annotated 1953
55 53A-6-801, Utah Code Annotated 1953
56 53A-6-802, Utah Code Annotated 1953
57 53A-10-112, Utah Code Annotated 1953
58 53A-17a-153, Utah Code Annotated 1953

59 Uncodified Material Affected:
60 ENACTS UNCODIFIED MATERIAL
61
62 Be it enacted by the Legislature of the state of Utah:
63 Section 1. Section 53A-1-410 is enacted to read:
64 53A-1-410. Board to collect data relevant to teacher recruitment.
65 The State Board of Education shall collect and maintain data on:
66 (1) the current and future demand for educators, including positions for which there is
67 a shortage of qualified personnel;
68 (2) enrollment in Utah teacher preparation programs by teaching major;
69 (3) Western states educators' total compensation, salaries, benefits, and working
70 conditions, including class size and retention data; and
71 (4) other factors relevant to board and legislative decision-making in recruiting and
72 retaining quality teaching candidates.
73 Section 2. Section 53A-6-113 is enacted to read:
74 53A-6-113. Alternative preparation programs.
75 The State Board of Education shall assist school districts and charter schools in meeting
76 their staffing needs by providing:
77 (1) information to school districts, charter schools, and the public on how a person may
78 qualify for teaching through alternative preparation programs; and
79 (2) support to participants in alternative preparation programs, including training,
80 monitoring, and teacher evaluation.
81 Section 3. Section 53A-6-801 is enacted to read:
82 Part 8. Leadership Consortium
83 53A-6-801. Leadership Consortium.
84 (1) The State Board of Education shall develop and implement a Leadership
85 Consortium for administrators new to the profession or seeking relicensure to provide:
86 (a) regular professional development in specific areas including financial management,
87 student assessment, legal issues, public relations, and human resource management;
88 (b) model policies for effective management of schools and school districts;
89 (c) opportunities to practice corrective action, employee performance evaluations, and

90 administrative strategies; and
91 (d) access to professional development materials and technical assistance on specific
92 issues and policies.
93 (2) The State Board of Education shall appoint or designate an employee, with
94 successful administrative experience, who will design and coordinate professional development
95 opportunities and offer assistance to administrators.
96 Section 4. Section 53A-6-802 is enacted to read:
97 53A-6-802. School boards' responsibility for leadership training and evaluation.
98 Each local school board and charter school governing board shall:
99 (1) provide leadership training to administrators, in concert with the Leadership
100 Consortium, if desired, to encourage administrators to acquire and upgrade specifically
101 identified administrative skills;
102 (2) assure adequate administrative training for administrators without previous public
103 education experience;
104 (3) measure leadership effectiveness using:
105 (a) research-based performance assessment tools; and
106 (b) multiple measures of assessment, including student performance data, and reviews
107 by faculty and community members and peers;
108 (4) require professional development plans for individual administrators; and
109 (5) provide for specific training on corrective action, working with marginal
110 employees, and professional ethics.
111 Section 5. Section 53A-10-103 is amended to read:
112 53A-10-103. Establishment of educator evaluation program -- Joint committee.
113 (1) Each local school board shall develop an evaluation program in consultation with
114 its educators through appointment of a joint committee.
115 (2) The joint committee shall be comprised of an equal number of classroom teachers,
116 parents, and administrators appointed by the board.
117 (3) A board may appoint members of the joint committee from a list of nominees:
118 (a) voted on by classroom teachers in a nomination election;
119 (b) voted on by the administrators in a nomination election; and
120 (c) of parents submitted by school community councils within the district.

121 (4) The evaluation program developed by the joint committee:
122 (a) must comply with the requirements of [Section 53A-10-106 .] this chapter;
123 (b) shall include measures of:
124 (i) student performance;
125 (ii) student performance growth;
126 (iii) parent and community satisfaction; and
127 (iv) school climate and safety; and
128 (c) may be based on a model evaluation program developed by the State Board of
129 Education.
130 (5) The State Board of Education shall develop and disseminate to school districts
131 model evaluation programs.
132 Section 6. Section 53A-10-104 is amended to read:
133 53A-10-104. Frequency of evaluations.
134 A local school board shall provide for the evaluation of [its]:
135 (1) provisional and probationary educators at least twice each school year[.]; and
136 (2) other educators on a regular basis to improve practice and student achievement.
137 Section 7. Section 53A-10-108 is amended to read:
138 53A-10-108. Mentor for provisional educator.
139 (1) In accordance with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b), the
140 principal or [immediate] supervisor of a provisional educator shall assign a mentor to the
141 provisional educator.
142 (2) Where possible, the mentor shall be a career educator who [performs substantially
143 the same duties as the provisional educator and] has at least three years of educational
144 experience[.] and:
145 (a) performs substantially the same duties as the provisional educator; or
146 (b) is assigned as a mentor on a full or part-time basis.
147 (3) The mentor shall assist the provisional educator to become effective and competent
148 in the teaching profession and school system, but may not serve as an evaluator of the
149 provisional educator.
150 Section 8. Section 53A-10-111 is amended to read:
151 53A-10-111. Additional compensation for services.

152 [The] A school district [may] shall compensate and provide training in effective
153 mentoring to a person [employed] assigned as a mentor under Section 53A-10-108 [or
154 participant in the evaluation for those services, in addition to the person's regular salary, if
155 additional time is required in the evaluation process].
156 Section 9. Section 53A-10-112 is enacted to read:
157 53A-10-112. Model beginning teacher induction programs -- Technical assistance.
158 The State Board of Education shall develop and disseminate to school districts and
159 charter schools model programs for the induction of beginning teachers and offer technical
160 assistance in providing support to provisional educators.
161 Section 10. Section 53A-17a-153 is enacted to read:
162 53A-17a-153. Professional Excellence Program.
163 (1) As used in this section:
164 (a) "Board" means the State Board of Education.
165 (b) "Consortium" means two or more school districts, charter schools, or both, that
166 jointly develop and implement a beginning teacher induction plan.
167 (c) "Educator" has the same meaning as defined in Section 53A-6-103 .
168 (d) "Level 1 teacher" means a teacher who holds a level 1 license as defined in Section
169 53A-6-103 .
170 (e) "Licensed teacher" means a teacher who holds:
171 (i) a level 1, level 2, level 3, or competency-based license; and
172 (ii) the endorsements required by board rule for the teacher's assignments.
173 (f) "Program monies" means monies appropriated for the Professional Excellence
174 Program.
175 (2) The Professional Excellence Program is created to improve teacher performance,
176 increase the retention of effective teachers, and meet the demand for qualified teachers in
177 positions and locations where teacher shortages exist.
178 (3) Subject to future budget constraints, the Legislature shall annually appropriate
179 money to the State Board of Education for the Professional Excellence Program.
180 (4) Program monies may be used for:
181 (a) beginning teacher induction programs; or
182 (b) additional compensation to attract and retain teachers who fill positions for which

183 there is a critical shortage of qualified personnel.
184 (5) (a) School districts, charter schools, and consortiums may apply to the board for
185 program monies to:
186 (i) implement a beginning teacher induction program; or
187 (ii) continue and improve an existing beginning teacher induction program.
188 (b) To apply for program monies for a beginning teacher induction program, a school
189 district, charter school, or consortium shall submit a plan to the board for a beginning teacher
190 induction program to be implemented by the district, school, or consortium.
191 (c) Each applicant shall include within the applicant's plan:
192 (i) measurable goals consistent with the purpose of the Professional Excellence
193 Program as specified in Subsection (2); and
194 (ii) methods and instruments to evaluate the district's, school's, or consortium's
195 beginning teacher induction program, such as:
196 (A) student test scores;
197 (B) evaluations of provisional educators as required by Section 53A-10-104 ; or
198 (C) data on teacher retention or attrition.
199 (d) A school district or charter school submitting an application for monies to continue
200 an existing beginning teacher induction program shall include with its application evidence
201 demonstrating the effectiveness of the program.
202 (e) The board may approve, disapprove, or recommend modifications to a beginning
203 teacher induction plan.
204 (f) A school district, charter school, or consortium shall receive program monies for a
205 beginning teacher induction program if the board approves the plan.
206 (g) Monies for beginning teacher induction programs shall be awarded:
207 (i) from program monies appropriated specifically for that purpose; and
208 (ii) based on the number of level 1 teachers employed by the school district, charter
209 school, or consortium members.
210 (h) A school district, charter school, or consortium shall use the monies awarded under
211 Subsection (5)(g) to implement its beginning teacher induction plan.
212 (i) To receive continued funding for beginning teacher induction programs, a school
213 district, charter school, or consortium shall annually submit:

214 (i) an evaluation of the program's effectiveness in achieving the measurable program
215 goals; and
216 (ii) revisions to the plan based upon the evaluation data to further improve teacher
217 performance and increase the retention of effective teachers.
218 (j) The board may not approve a plan and distribute program monies designated for
219 beginning teacher induction programs to any school district, charter school, or consortium that
220 after three years has not demonstrated substantial success in improving teacher performance
221 and retention.
222 (6) (a) A school district or charter school may apply for program monies for market
223 incentives in the form of additional compensation to teachers and other educators who fill
224 positions for which there is a critical shortage of qualified personnel.
225 (b) The board shall annually:
226 (i) survey school districts and charter schools to identify educator positions for which
227 there is a shortage of qualified personnel; and
228 (ii) develop a criticality index that classifies positions based on the degree of difficulty
229 in recruiting qualified personnel.
230 (c) A school district or charter school may provide additional compensation to:
231 (i) licensed teachers and other educators who fill positions for which there is a critical
232 shortage of qualified personnel as identified by the board pursuant to Subsection (6)(b); or
233 (ii) if approved by the board, licensed teachers and other educators who fill positions,
234 other than those identified pursuant to Subsection (6)(b), for which a school district is having
235 great difficulty in recruiting or retaining qualified personnel.
236 (d) Program monies appropriated for market incentives shall be distributed to school
237 districts and charter schools based on the number of full-time-equivalent positions that qualify
238 for additional compensation.
239 (e) (i) The board shall annually establish the amount of compensation on a
240 full-time-equivalent basis to be awarded to educators qualifying for program monies based on
241 the monies available and the number of qualifying educators.
242 (ii) The amount of compensation on a full-time-equivalent basis shall be equal within
243 each of the two categories listed in Subsections (6)(c)(i) and (ii); however, the board may
244 establish a different compensation amount for each category.

245 (f) Additional compensation may be awarded only to licensed teachers and other
246 educators who have received a satisfactory rating or above on their most recent evaluation.
247 (7) The board may make rules to administer this section in accordance with Title 63,
248 Chapter 46a, Utah Administrative Rulemaking Act.
249 Section 11. Education Interim Committee study on performance incentives.
250 The Education Interim Committee shall, prior to November 30, 2008:
251 (1) study how performance incentives may be implemented to motivate teachers,
252 administrators, and schools in improving teaching performance and student achievement;
253 (2) conduct the study in cooperation with the State Board of Education and school
254 district, charter school, teacher, and administrator representatives; and
255 (3) recommend proposed legislation to implement performance incentives.
256 Section 12. Evaluation of teacher and administrator preparation programs.
257 (1) The State Board of Education shall, prior to November 30, 2008:
258 (a) issue a request for proposals to evaluate teacher and administrator preparation
259 programs in the state;
260 (b) consult with colleges and universities in the state in developing the request for
261 proposals; and
262 (c) select a qualified contractor who:
263 (i) is not affiliated with any college or university that has a teacher or administrator
264 preparation program in the state; and
265 (ii) has not had a contracting relationship with a teacher or administrator preparation
266 program in the state within the past five years that has substantially affected the business of the
267 contractor.
268 (2) The evaluation of teacher and administrator preparation programs in the state shall:
269 (a) determine to what extent the programs adequately prepare teachers and
270 administrators for their careers; and
271 (b) identify modifications to the programs to better prepare teachers and administrators
272 for their careers.
273 (3) There is appropriated for fiscal year 2007-08 only, $100,000 to the State Board of
274 Education for an evaluation of teacher and administrator preparation programs in the state.
275 Section 13. Ongoing appropriation for Professional Excellence Program.

276 (1) As an ongoing appropriation subject to future budget constraints, there is
277 appropriated for fiscal year 2007-08, $28,500,000 from the Uniform School Fund to the State
278 Board of Education for the Professional Excellence Program established in Section
279 53A-17a-153 .
280 (2) Of the monies appropriated in Subsection (1):
281 (a) $5,000,000 shall be used for beginning teacher induction programs;
282 (b) $21,150,000 shall be used for market incentives to recruit and retain educators in
283 critical shortage areas; and
284 (c) $2,350,000 shall be used for market incentives, approved by the State Board of
285 Education, to address local educator shortages as indicated by a school district or charter
286 school.
287 Section 14. Effective date.
288 This bill takes effect on July 1, 2007.
289 Section 15. Repeal date.
290 Uncodified Sections 11, 12, and 13 are repealed on November 30, 2008.




Legislative Review Note
as of 2-5-07 6:25 AM

Office of Legislative Research and General Counsel