First Substitute H.B. 264

Representative Ronda Rudd Menlove proposes the following substitute bill:

1 EDUCATOR EVALUATION AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ronda Rudd Menlove
5 Senate Sponsor: Margaret Dayton
6
7 LONG TITLE
8 General Description:
9 This bill modifies requirements for educator evaluations.
10 Highlighted Provisions:
11 This bill:
12 . requires a local school board to:
13 . develop, support, monitor, and maintain an educator evaluation program in
14 accordance with requirements specified in statute; and
15 . provide ongoing evaluation of career educators;
16 . requires the principal or immediate supervisor of a provisional educator to assign a
17 person who has received training in mentoring educators to mentor the provisional
18 educator; and
19 . makes technical changes.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:

26 53A-10-101, as last amended by Laws of Utah 2001, Chapter 86
27 53A-10-102, as last amended by Laws of Utah 1990, Chapter 78
28 53A-10-103, as last amended by Laws of Utah 2003, Chapter 315
29 53A-10-107, as last amended by Laws of Utah 1990, Chapter 78
30 53A-10-108, as last amended by Laws of Utah 2001, Chapter 86
31 ENACTS:
32 53A-10-102.5, Utah Code Annotated 1953
33 53A-10-106.5, Utah Code Annotated 1953
34 REPEALS AND REENACTS:
35 53A-10-106, as last amended by Laws of Utah 1990, Chapter 78
36 REPEALS:
37 53A-10-104, as enacted by Laws of Utah 1988, Chapter 2
38 53A-10-109, as enacted by Laws of Utah 1988, Chapter 2
39 53A-10-110, as last amended by Laws of Utah 1990, Chapter 78
40 53A-10-111, as last amended by Laws of Utah 2001, Chapter 86
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 53A-10-101 is amended to read:
44 53A-10-101. Legislative findings.
45 (1) The Legislature recognizes that the quality of public education can be improved and
46 enhanced by providing for systematic, fair, and competent evaluation of public educators and
47 remediation of those whose performance is inadequate.
48 (2) In accordance with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b), the
49 desired purposes of evaluation are to:
50 (a) allow the educator and the school district to promote the professional growth of the
51 [teacher, to identify and encourage teaching strategies which contribute to student progress, to
52 identify teachers according to their abilities, and to improve the education system.] educator;
53 (b) identify and encourage quality instruction in order to improve student achievement;
54 and
55 (c) improve decisions about the educator's employment.
56 Section 2. Section 53A-10-102 is amended to read:

57 53A-10-102. Definitions.
58 As used in this chapter:
59 (1) "Career educator" means a [certified] licensed employee entitled to rely upon
60 continued employment under the policies of a local school board.
61 (2) "Educator" means [any] an individual[, except the superintendent,] employed by a
62 school district who is required to hold a professional [certificate] license issued by the State
63 Board of Education[. Educator does not include individuals who work less], except:
64 (a) a superintendent; or
65 (b) an individual who:
66 (i) works fewer than three hours per day; or [who are]
67 (ii) is hired for less than half of a school year.
68 (3) "Probationary educator" means [any] an educator employed by a school district
69 who, under local school board policy, has been advised by the district that [his] the educator's
70 performance is inadequate.
71 (4) "Provisional educator" means [any] an educator employed by a school district who
72 has not achieved status as a career educator within the school district.
73 Section 3. Section 53A-10-102.5 is enacted to read:
74 53A-10-102.5. Local school board's responsibilities for an educator evaluation
75 program.
76 A local school board shall:
77 (1) develop an educator evaluation program in accordance with this chapter and
78 support, monitor, and maintain the program; and
79 (2) provide for:
80 (a) the evaluation of provisional and probationary educators at least twice each school
81 year;
82 (b) the ongoing evaluation of all career educators; and
83 (c) an orientation on the educator evaluation program.
84 Section 4. Section 53A-10-103 is amended to read:
85 53A-10-103. Establishment of educator evaluation program -- Joint committee.
86 (1) Each local school board shall develop an evaluation program in consultation with
87 its educators through appointment of a joint committee.

88 (2) The joint committee shall [be comprised] consist of an equal number of classroom
89 teachers, parents, and administrators appointed by the local school board.
90 (3) A local school board may appoint members of the joint committee from a list of
91 nominees:
92 (a) voted on by classroom teachers in a nomination election;
93 (b) voted on by the administrators in a nomination election; and
94 (c) of parents submitted by school community councils within the district.
95 (4) The evaluation program developed by the joint committee must comply with the
96 requirements of [Section 53A-10-106 ] this chapter.
97 Section 5. Section 53A-10-106 is repealed and reenacted to read:
98 53A-10-106. Components of educator evaluation program.
99 An educator evaluation program adopted by a local school board in consultation with a
100 committee shall include the following components:
101 (1) a reliable and valid evaluation program consistent with generally accepted
102 professional standards for personnel evaluation systems;
103 (2) systematic evaluation procedures for both provisional and career educators;
104 (3) the use of multiple lines of evidence, such as:
105 (a) self-evaluation;
106 (b) student and parent input;
107 (c) peer observation;
108 (d) supervisor observations;
109 (e) evidence of professional growth;
110 (f) student achievement data; and
111 (g) other indicators of instructional improvement;
112 (4) a reasonable number of observation periods for an evaluation to insure adequate
113 reliability; and
114 (5) administration of an educator's evaluation by:
115 (a) the principal;
116 (b) the principal's designee;
117 (c) the educator's immediate supervisor; or
118 (d) another person specified in the evaluation program.

119 Section 6. Section 53A-10-106.5 is enacted to read:
120 53A-10-106.5. Evaluation timelines.
121 (1) The person responsible for administering an educator's evaluation shall:
122 (a) at least 15 days before an educator's first evaluation:
123 (i) notify the educator of the evaluation process; and
124 (ii) give the educator a copy of the evaluation instrument, if an instrument is used;
125 (b) (i) allow the educator to make a written response to any part of the evaluation; and
126 (ii) attach the educator's response to the evaluation;
127 (c) within 15 days after the evaluation process is completed, discuss the written
128 evaluation with the educator; and
129 (d) following any revision of the written evaluation made after the discussion:
130 (i) file the evaluation and any related reports or documents in the educator's personnel
131 file; and
132 (ii) give a copy of the written evaluation and attachments to the educator.
133 (2) An educator who is not satisfied with an evaluation may request a review of the
134 evaluation within 30 days after receiving the written evaluation.
135 (3) If a review is requested, the school district superintendent or the superintendent's
136 designee shall appoint a person not employed by the school district who has expertise in
137 teacher or personnel evaluation to review and make recommendations to the superintendent
138 regarding the teacher's evaluation.
139 (4) Nothing in this section prevents the educator and the superintendent or
140 superintendent's designee from agreeing to another method of review.
141 Section 7. Section 53A-10-107 is amended to read:
142 53A-10-107. Deficiencies -- Remediation.
143 (1) [An] The person responsible for administering an educator's evaluation shall give
144 an educator whose performance is inadequate or in need of improvement [shall be provided
145 with] a written document clearly identifying:
146 (a) deficiencies[,];
147 (b) the available resources for improvement[,]; and
148 (c) a recommended course of action that will improve the educator's performance.
149 (2) The district shall provide the educator with reasonable assistance to improve

150 performance.
151 (3) An educator is responsible for improving performance by using the resources
152 identified by the school district and demonstrating acceptable levels of improvement in the
153 designated areas of deficiencies.
154 (4) (a) The person responsible for administering the evaluation of an educator whose
155 performance has been determined to be inadequate or in need of improvement shall complete
156 written evaluations and recommendations regarding the educator at least 60 days before the end
157 of the educator's contract school year.
158 (b) The final evaluation shall include only data previously considered and discussed
159 with the educator as required by Section 53A-10-106.5 .
160 Section 8. Section 53A-10-108 is amended to read:
161 53A-10-108. Mentor for provisional educator.
162 (1) In accordance with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b), the
163 principal or immediate supervisor of a provisional educator shall assign a person who has
164 received training in mentoring educators as a mentor to the provisional educator.
165 (2) Where possible, the mentor shall be a career educator who performs substantially
166 the same duties as the provisional educator and has at least three years of educational
167 experience.
168 (3) The mentor shall assist the provisional educator to become effective and competent
169 in the teaching profession and school system, but may not serve as an evaluator of the
170 provisional educator.
171 (4) An educator who is assigned as a mentor may receive compensation for those
172 services in addition to the educator's regular salary.
173 Section 9. Repealer.
174 This bill repeals:
175 Section 53A-10-104, Frequency of evaluations.
176 Section 53A-10-109, Final evaluation.
177 Section 53A-10-110, Review of evaluation -- Time limit on request.
178 Section 53A-10-111, Additional compensation for services.