H.B. 115 Enrolled

1

PEER ASSISTANCE AND REVIEW PILOT PROGRAM
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Carol Spackman Moss
5 Senate Sponsor: Aaron Osmond
6 Cosponsors:
7 Patrice M. Arent
8 Jim Bird
9 Joel K. Briscoe
10 Tim M. CosgroveRebecca P. Edwards
Steve Eliason
Francis D. Gibson
Stephen G. Handy
Gregory H. HughesKay L. McIff
Marie H. Poulson
Kraig Powell
Christine F. Watkins 11
12 LONG TITLE
13 General Description:
14 This bill appropriates money for school districts to pilot programs that utilize peer
15 assistance and review in evaluating certain teachers.
16 Highlighted Provisions:
17 This bill:
18 . defines terms;
19 . creates the Peer Assistance and Review Pilot Program (PAR Program) to evaluate
20 and support certain teachers;
21 . provides that money appropriated to the State Board of Education for the pilot
22 program shall be used to award grants to school districts on a competitive basis to
23 design and implement the PAR Program;
24 . directs the State Board of Education to make rules and report to the Education
25 Interim Committee; and
26 . repeals the Peer Assistance and Review Pilot Program on July 1, 2017.
27 Money Appropriated in this Bill:
28 This bill appropriates:

29 . to the State Board of Education - Utah State Office of Education - Initiative
30 Programs, as a one-time appropriation:
31 . from the Education Fund, $300,000.
32 Other Special Clauses:
33 This bill provides an effective date.
34 Utah Code Sections Affected:
35 AMENDS:
36 63I-2-253, as last amended by Laws of Utah 2011, Chapters 303, 330, and 419
37 ENACTS:
38 53A-10-201, Utah Code Annotated 1953
39 53A-10-202, Utah Code Annotated 1953
40 53A-10-203, Utah Code Annotated 1953
41 53A-10-204, Utah Code Annotated 1953
42
43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 53A-10-201 is enacted to read:
45 Part 2. Peer Assistance and Review Pilot Program
46 53A-10-201. Definitions.
47 As used in this part:
48 (1) "Peer Assistance and Review Pilot Program" or "PAR Program" means the teacher
49 evaluation and mentoring program created in Section 53A-10-202 .
50 (2) "Consulting teacher" means a teacher who is appointed as described in Section
51 53A-10-203 and provides assistance and review to teachers assigned to a PAR Program.
52 (3) "Novice teacher" means a provisional teacher who has not achieved career
53 employee status.
54 (4) "PAR Joint Panel" means the governing panel of a district's PAR Program, created
55 according to Section 53A-10-204 .
56 (5) "Teacher" means an individual employed by a school district who is required to

57 hold an educator license issued by the State Board of Education and who has an assignment to
58 teach in a classroom.
59 (6) "Underperforming veteran teacher" means a teacher who has achieved career
60 employee status as defined in Section 53A-8a-102 and whose work has been judged to fall
61 below the district's standards.
62 Section 2. Section 53A-10-202 is enacted to read:
63 53A-10-202. PAR Program guidelines -- Report.
64 (1) The PAR Program is created to:
65 (a) conduct regular evaluations of novice teachers and underperforming veteran
66 teachers;
67 (b) provide support and mentoring to novice teachers and underperforming veteran
68 teachers; and
69 (c) make recommendations for continued employment or dismissal of novice teachers
70 and underperforming veteran teachers.
71 (2) Subject to future budget constraints, the Legislature shall appropriate money for a
72 five-year period to the State Board of Education for the PAR Program.
73 (3) The State Board of Education shall:
74 (a) solicit proposals from school districts for the use of grant money to develop and
75 implement PAR Programs; and
76 (b) award grants to school districts on a competitive basis.
77 (4) In awarding a grant under Subsection (3)(b), the State Board of Education shall
78 consider:
79 (a) the applicant's capacity to effectively achieve the purposes of the PAR Program as
80 described in Subsection (1);
81 (b) whether the district has a rigorous and standards-based teacher evaluation system
82 already in place; and
83 (c) other criteria as determined by the State Board of Education.
84 (5) To receive a grant, a school district shall submit a proposal to the State Board of

85 Education on how the district intends to develop and implement a PAR Program, within the
86 specifications of Section 53A-10-203 .
87 (6) A selected district may use grant money:
88 (a) to develop and design a PAR Program to fit the needs of the district, which may
89 include hiring consultants;
90 (b) to fund additional pay or stipends, computers, travel reimbursement, and office
91 space for consulting teachers;
92 (c) for program administration and clerical support staff;
93 (d) for stipends for PAR Joint Panel members;
94 (e) to pay substitute teachers for PAR Joint Panel members to attend meetings or for
95 teachers enrolled in the PAR Program to visit and observe other classes; and
96 (f) for training costs.
97 (7) After each year of the pilot program, the State Board of Education shall make a
98 report to the Education Interim Committee evaluating the impact of the PAR Program on
99 retaining high quality teachers and dismissing ineffective teachers in a timely manner.
100 (8) The State Board of Education shall make rules specifying:
101 (a) procedures for applying for and awarding grants under this part;
102 (b) criteria for awarding grants; and
103 (c) reporting requirements for grantees.
104 Section 3. Section 53A-10-203 is enacted to read:
105 53A-10-203. Program components.
106 (1) A district that receives a grant under Section 53A-10-202 to design and implement
107 a PAR Program, shall use the general guidelines as set forth in this section.
108 (2) A district's PAR Program shall consist of the following two sections:
109 (a) an induction section for novice teachers; and
110 (b) a remediation section for underperforming veteran teachers.
111 (3) The induction section of a district's PAR Program shall include the following
112 components:

113 (a) a novice teacher is automatically enrolled into the induction section of the PAR
114 Program and assigned a consulting teacher who serves as a mentor;
115 (b) the novice teacher receives help from a consulting teacher in setting up a
116 classroom, securing needed supplies, preparing for classroom management, reflecting on
117 lessons, and getting feedback and support;
118 (c) the consulting teacher assesses the novice teacher's work and reports to the district's
119 PAR Joint Panel several times throughout the year, with a summative report and evaluation at
120 the end of the year;
121 (d) the consulting teacher assists the district's PAR Joint Panel in deciding whether to
122 hire the novice teacher for another year; and
123 (e) the principal retains the right and responsibility for evaluating all teachers for career
124 employment status.
125 (4) The remediation section of a district's PAR Program shall include the following
126 components:
127 (a) a principal or supervisor recommends an underperforming veteran teacher to the
128 remediation section of the program, or the underperforming veteran teacher may be
129 automatically enrolled in the intervention section of the program in accordance with local
130 school board policy;
131 (b) an underperforming veteran teacher is assigned a consulting teacher who acts as a
132 mentor and initially investigates whether the teacher is, in fact, failing to meet the district
133 standards;
134 (c) the consulting teacher mentors the underperforming veteran teacher for a period of
135 time established in accordance with local school board policy; and
136 (d) the underperforming veteran teacher either meets district standards after close
137 mentoring, or is dismissed or encouraged to resign because the underperforming veteran
138 teacher rejects help or fails to improve sufficiently despite the consulting teacher's mentoring.
139 (5) Consulting teachers:
140 (a) are chosen through a competitive process by the district's PAR Joint Panel;

141 (b) (i) are released from regular teaching loads for three to five years; or
142 (ii) are released from regular teaching part-time and serve as consulting teachers
143 part-time;
144 (c) earn regular salary plus an additional stipend for being consulting teachers;
145 (d) are assigned a caseload of teachers to mentor and evaluate, preferably in the same
146 subject and grade level;
147 (e) report on teachers to the district's PAR Joint Panel; and
148 (f) mentor and evaluate teachers participating in the district's PAR Program through:
149 (i) scheduled and unscheduled visits;
150 (ii) developing a growth plan with a teacher based on the teacher's strengths and
151 weaknesses;
152 (iii) observing lessons and providing feedback;
153 (iv) helping with lesson planning;
154 (v) providing resources and materials; and
155 (vi) arranging for a participating teacher to observe another colleague's class.
156 Section 4. Section 53A-10-204 is enacted to read:
157 53A-10-204. Creation -- Make-up -- Duties of a district PAR Joint Panel.
158 (1) A district that receives money to create a PAR Program under Section 53A-10-202
159 shall create a PAR Joint Panel consisting of an equal number of teacher representatives and
160 district administrators or their designees.
161 (2) A district PAR Joint Panel shall:
162 (a) meet regularly to design the district's PAR Program;
163 (b) review cases of teachers assigned to the district's PAR Program and decide whether
164 the district should continue to employ teachers based on evidence collected by consulting
165 teachers; and
166 (c) select consulting teachers through a competitive process.
167 Section 5. Section 63I-2-253 is amended to read:
168 63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.

169 (1) Section 53A-1-403.5 is repealed July 1, 2012.
170 (2) Subsection 53A-1-603 (5) is repealed July 1, 2015.
171 (3) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2014.
172 (4) Title 53A, Chapter 10, Part 2, Peer Assistance and Review Pilot Program, is
173 repealed July 1, 2017.
174 [(4)] (5) Subsection 53A-13-110 (4) is repealed July 1, 2013.
175 [(5)] (6) Section 53A-15-1215 is repealed July 1, 2012.
176 Section 6. Appropriation.
177 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
178 following sums of money are appropriated from resources not otherwise appropriated, or
179 reduced from amounts previously appropriated, out of the funds or accounts indicated for the
180 fiscal year beginning July 1, 2012 and ending June 30, 2013. These are additions to any
181 amounts previously appropriated for fiscal year 2013.
182 To State Board of Education - Utah State Office of Education - Initiative Programs
183 From Education Fund, one-time

$300,000

184 Schedule of Programs:
185 Contracts and Grants $300,000
186 The Legislature intends that:
187 (1) the appropriation for Contracts and Grants be used for the PAR Program created in
188 Section 53A-10-202 ; and
189 (2) the appropriation under this section:
190 (a) be one-time; and
191 (c) not lapse at the close of fiscal year 2013.
192 Section 7. Effective date.
193 (1) Except as provided in Subsection (2), this bill takes effect on May 8, 2012.
194 (2) Uncodified Section 6, Appropriation, takes effect on July 1, 2012.