S.B. 67

1

TEACHER EFFECTIVENESS AND OUTCOMES BASED
2 COMPENSATION
3 2012 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: J. Stuart Adams
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill prescribes requirements for teacher evaluations and directs that teacher
11 evaluations be used as a basis for termination, compensation, and attaining professional
12 teacher status.
13 Highlighted Provisions:
14 This bill:
15 . provides for reporting of noncompliance, and enforcement of compliance, of certain
16 State Board of Education rules;
17 . limits an employment contract entered into by a local school board to one year, with
18 exceptions;
19 . requires that summative evaluations of teachers:
20 . differentiate among four levels of performance; and
21 . be based on student learning growth and the extent to which a teacher meets
22 teacher effectiveness standards;
23 . requires reporting on the number and percentage of a school's teachers in each of the
24 four summative evaluation rating categories;
25 . prohibits a student from being assigned for two consecutive years to a teacher
26 whose rating is ineffective, without notice to the student's parent;
27 . requires a local school board to develop and implement salary schedules for

28 teachers based on a teacher's performance;
29 . establishes a professional teacher standard, requirements to attain professional
30 teacher status, and causes for losing professional teacher status;
31 . establishes a probationary teacher standard and provides that a school district may
32 decline to renew a probationary teacher's contract without cause;
33 . addresses the authority of a school principal regarding the hiring and termination of
34 school personnel; and
35 . makes technical amendments.
36 Money Appropriated in this Bill:
37 None
38 Other Special Clauses:
39 None
40 Utah Code Sections Affected:
41 AMENDS:
42 53A-1-1112, as enacted by Laws of Utah 2011, Chapter 417
43 53A-3-411, as last amended by Laws of Utah 2005, Chapter 285
44 53A-8-102, as last amended by Laws of Utah 2011, Chapter 420
45 53A-8-104, as last amended by Laws of Utah 2011, Chapter 286
46 53A-10-102, as last amended by Laws of Utah 2011, Chapter 434
47 53A-10-103, as last amended by Laws of Utah 2011, Chapter 434
48 53A-10-106, as last amended by Laws of Utah 2011, Chapter 434
49 53A-10-106.5, as last amended by Laws of Utah 2011, Chapter 434
50 53A-10-107, as last amended by Laws of Utah 2011, Chapter 434
51 ENACTS:
52 53A-1-410, Utah Code Annotated 1953
53 53A-3-430, Utah Code Annotated 1953
54 53A-3-431, Utah Code Annotated 1953
55 53A-8-108, Utah Code Annotated 1953
56 53A-10-106.1, Utah Code Annotated 1953
57
58 Be it enacted by the Legislature of the state of Utah:

59 Section 1. Section 53A-1-410 is enacted to read:
60 53A-1-410. Report of noncompliance to the State Board of Education.
61 (1) The state superintendent shall report to the State Board of Education any report
62 made to a member of the staff of the State Board of Education regarding noncompliance of the
63 following:
64 (a) Subsection 53A-3-411 (1);
65 (b) Section 53A-3-430 ;
66 (c) Section 53A-3-431 ;
67 (d) Chapter 8, Utah Orderly School Termination Procedures Act; or
68 (e) Chapter 10, Educator Evaluation.
69 (2) In accordance with the powers granted to the State Board of Education under
70 Section 53A-1-401 , the State Board of Education may take action to enforce compliance with
71 State Board of Education rules related to the provisions listed in Subsections (1)(a) through
72 (1)(e).
73 Section 2. Section 53A-1-1112 is amended to read:
74 53A-1-1112. Reporting.
75 (1) For the 2011-12 school year and thereafter, the State Board of Education, in
76 collaboration with school districts and charter schools, shall annually develop a school report
77 card to be delivered to parents of students in public schools.
78 (2) The report card shall include:
79 (a) the school's grade;
80 (b) the percent of the maximum number of points that may be earned; [and]
81 (c) information indicating the school's performance on the various criteria upon which
82 the grade is based[.]; and
83 (d) for schools of a school district, the number and percentage of teachers on staff in
84 each of the four rating categories listed in Section 53A-10-106.1 based on a teacher's
85 summative evaluation.
86 (3) On or before August 15, the State Board of Education shall annually publish, on the
87 State Board of Education's website, a report card for each school with the information required
88 in Subsection (2).
89 (4) On or before August 15, a school district shall annually publish on the school

90 district's website, and a school's website[,]:
91 (a) a school report card with the grade for the prior school year[, together with];
92 (b) the current school improvement plan established in accordance with Section
93 53A-1a-108.5 [.]; and
94 (c) teachers' ratings as described in Subsection (2)(d).
95 (5) On or before August 15, a charter school shall annually publish on the charter
96 school's website a school report card with the grade for the prior school year.
97 Section 3. Section 53A-3-411 is amended to read:
98 53A-3-411. Employment of school personnel -- Length of contract -- Termination
99 for cause -- Individual contract of employment -- Employee acknowledgment of liability
100 protection.
101 (1) [A] Except as provided in Sections 53A-3-301 and 53A-3-302 , a local school board
102 may enter into a written employment contract for a term not to exceed [five years] one year.
103 (2) Nothing in the terms of the contract shall restrict the power of a local school board
104 to terminate the contract for cause at any time.
105 (3) (a) A local school board may not enter into a collective bargaining agreement that
106 prohibits or limits individual contracts of employment.
107 (b) Subsection (3)(a) does not apply to an agreement that was entered into before May
108 5, 2003.
109 (4) Each local school board shall:
110 (a) ensure that each employment contract complies with the requirements of Section
111 34-32-1.1 ;
112 (b) comply with the requirements of Section 34-32-1.1 in employing any personnel,
113 whether by employment contract or otherwise; and
114 (c) ensure that at the time an employee enters into an employment contract, the
115 employee shall sign a separate document acknowledging that the employee:
116 (i) has received:
117 (A) the disclosure required under Subsection 63A-4-204 (4)(d) if the school district
118 participates in the Risk Management Fund; or
119 (B) written disclosure similar to the disclosure required under Section 63A-4-204 if the
120 school district does not participate in the Risk Management Fund; and

121 (ii) understands the legal liability protection provided to the employee and what is not
122 covered, as explained in the disclosure.
123 Section 4. Section 53A-3-430 is enacted to read:
124 53A-3-430. Teacher salary schedules.
125 (1) A local school board shall develop and, beginning with the 2014-15 school year,
126 implement salary schedules for teachers that award salary increases based on a teacher's
127 performance as evaluated with a summative evaluation administered pursuant to Chapter 10,
128 Educator Evaluation, in the previous school year.
129 (2) Beginning with the 2014-15 school year, a salary schedule for teachers:
130 (a) may not award a salary increase, including a cost of living increase, to a teacher
131 whose rating on a summative evaluation is ineffective or improvement necessary;
132 (b) shall award a higher salary increase to a teacher whose rating is highly effective
133 than a teacher whose rating is effective; and
134 (c) may base up to 10% of a salary increase on years of experience, degree earned, or
135 course credits earned.
136 (3) A local school board may award a salary supplement to a teacher who meets one or
137 more of the following criteria:
138 (a) the teacher is assigned to a school where the school district has difficulty in
139 recruiting qualified teachers;
140 (b) the teacher has a teaching assignment in a critical shortage area; or
141 (c) the teacher has additional academic responsibilities.
142 (4) The State Board of Education may create a salary model for teachers which a local
143 school board may chose to adopt.
144 (5) The State Board of Education shall:
145 (a) require a school district to annually submit to the State Board of Education a school
146 district's salary schedule for teachers; and
147 (b) publish a school district's salary schedule for teachers on the State Board of
148 Education's website.
149 Section 5. Section 53A-3-431 is enacted to read:
150 53A-3-431. Authority of school principal to hire and terminate school personnel.
151 (1) A local school board shall delegate authority to a school principal to hire and

152 terminate teachers and other employees who are under the supervision of the school principal.
153 (2) A school district may not assign to a school a teacher or other employee who is
154 supervised by the school principal without the approval of the school principal.
155 Section 6. Section 53A-8-102 is amended to read:
156 53A-8-102. Definitions.
157 As used in this chapter:
158 (1) (a) "Career employee" means an employee of a school district who has obtained a
159 reasonable expectation of continued employment based upon Section 53A-8-106 and an
160 agreement with the employee or the employee's association, district practice, or policy.
161 (b) "Career employee" does not include:
162 (i) a professional teacher; or
163 (ii) a probationary teacher.
164 (2) "Contract term" or "term of employment" means the period of time during which an
165 employee is engaged by the school district under a contract of employment, whether oral or
166 written.
167 (3) "Dismissal" or "termination" means:
168 (a) termination of the status of employment of an employee;
169 (b) failure to renew or continue the employment contract of a career employee beyond
170 the then-current school year;
171 (c) reduction in salary of an employee not generally applied to all employees of the
172 same category employed by the school district during the employee's contract term; or
173 (d) change of assignment of an employee with an accompanying reduction in pay,
174 unless the assignment change and salary reduction are agreed to in writing.
175 (4) "Employee" means [a career or provisional] an employee of a school district, but
176 does not include:
177 (a) the district superintendent, or the equivalent at the Schools for the Deaf and the
178 Blind;
179 (b) the district business administrator or the equivalent at the Schools for the Deaf and
180 the Blind; or
181 (c) a temporary employee.
182 (5) "Last-hired, first-fired layoff policy" means a staff reduction policy that mandates

183 the termination of an employee who started to work for the district most recently before
184 terminating a more senior employee.
185 (6) "Provisional employee" means an individual[, other than a career employee or a
186 temporary employee,] who is employed by a school district[.], except:
187 (a) a career employee;
188 (b) a temporary employee;
189 (c) a professional teacher; or
190 (d) a probationary teacher.
191 (7) "School board" or "board" means a district school board or its equivalent at the
192 Schools for the Deaf and the Blind.
193 (8) "School district" or "district" means:
194 (a) a public school district; or
195 (b) the Schools for the Deaf and the Blind.
196 (9) "Temporary employee" means an individual who is employed on a temporary basis
197 as defined by policies adopted by the local board of education. If the class of employees in
198 question is represented by an employee organization recognized by the local board, the board
199 shall adopt its policies based upon an agreement with that organization. Temporary employees
200 serve at will and have no expectation of continued employment.
201 Section 7. Section 53A-8-104 is amended to read:
202 53A-8-104. Dismissal procedures.
203 (1) A district shall provide employees with a written statement specifying:
204 (a) the causes under which a career employee's or professional teacher's contract may
205 not be renewed or continued beyond the current school year;
206 (b) the causes under which a career or provisional employee's or a professional or
207 probationary teacher's contract may be terminated during the contract term; and
208 (c) the orderly dismissal procedures that are used by the district in cases of contract
209 termination, discontinuance, or nonrenewal.
210 (2) If the district intends to terminate a career employee's contract during its term for
211 reasons of unsatisfactory performance or discontinue a career employee's contract beyond the
212 current school year for reasons of unsatisfactory performance, the unsatisfactory performance
213 must be documented in at least two evaluations conducted at any time within the preceding

214 three years in accordance with district policies or practices.
215 (3) (a) A district shall notify a career employee or a professional teacher, at least 30
216 days prior to issuing under Subsection (3)(d) notice of intent not to renew or continue the
217 career employee's or professional teacher's contract beyond the current school year, that
218 continued employment is in question and the reasons for the anticipated nonrenewal or
219 discontinuance.
220 (b) If a career employee or professional teacher receives a notice under Subsection
221 (3)(a) that continued employment is in question, the board:
222 (i) shall give the career employee or professional teacher an opportunity to correct the
223 problem in accordance with the district evaluation policies; and
224 (ii) may grant the career employee or professional teacher assistance to correct the
225 deficiencies, including informal conferences and the services of school personnel within the
226 district.
227 (c) If a career employee or professional teacher does not correct the deficiencies as
228 determined in accordance with the evaluation and personnel policies of the district and the
229 district intends to not renew or discontinue the contract of employment of the career employee
230 or professional teacher at the end of the current school year, it shall give notice of that intention
231 to the employee.
232 (d) The district shall issue the notice at least 30 days before the end of the career
233 employee's or professional teacher's contract term.
234 (4) (a) A district is not required to provide a cause for not offering a contract to:
235 (i) a provisional employee[.]; or
236 (ii) a probationary teacher.
237 (b) If a district intends to not offer a contract for a subsequent term of employment to a
238 provisional employee or a probationary teacher, the district shall give notice of that intention to
239 the employee at least 60 days before the end of the provisional employee's or probationary
240 teacher's contract term.
241 (5) In the absence of a notice, an employee is considered employed for the next
242 contract term with a salary based upon the salary schedule applicable to the class of employee
243 into which the individual falls.
244 (6) If a district intends to not renew or discontinue the contract of a career employee or

245 a professional teacher or to terminate a career or provisional employee's or a professional or
246 probationary teacher's contract during the contract term:
247 (a) the district shall give written notice of the intent to the employee;
248 (b) the notice shall be served by personal delivery or by certified mail addressed to the
249 employee's last-known address as shown on the records of the district;
250 (c) except as provided under Subsection (3), the district shall give notice at least 30
251 days prior to the proposed date of termination;
252 (d) the notice shall state the date of termination and the detailed reasons for
253 termination;
254 (e) the notice shall advise the employee that the employee has a right to a fair hearing
255 and that the hearing is waived if it is not requested within 15 days after the notice of
256 termination was either personally delivered or mailed to the employee's most recent address
257 shown on the district's personnel records; and
258 (f) the notice shall state that failure of the employee to request a hearing in accordance
259 with procedures set forth in the notice constitutes a waiver of that right and that the district may
260 then proceed with termination without further notice.
261 (7) (a) The procedure under which a contract is terminated during its term may include
262 a provision under which the active service of the employee is suspended pending a hearing if it
263 appears that the continued employment of the individual may be harmful to students or to the
264 district.
265 (b) Suspension pending a hearing may be without pay if an authorized representative of
266 the district determines, after providing the employee with an opportunity for an informal
267 conference to discuss the allegations, that it is more likely than not that the allegations against
268 the employee are true.
269 (c) If termination is not subsequently ordered, the employee shall receive back pay for
270 the period of suspension without pay.
271 (8) The procedure under which an employee's contract is terminated during its term
272 shall provide for a written notice of suspension or final termination including findings of fact
273 upon which the action is based.
274 (9) A district may decline to renew a probationary teacher's contract if the probationary
275 teacher receives an ineffective rating or two consecutive improvement necessary ratings on a

276 summative evaluation administered pursuant to Chapter 10, Educator Evaluation.
277 Section 8. Section 53A-8-108 is enacted to read:
278 53A-8-108. Probationary teacher -- Professional teacher.
279 (1) A probationary teacher is a teacher who:
280 (a) has not attained career status on or before June 30, 2012; and
281 (b) (i) has not received a rating, or has received a rating of ineffective, on a summative
282 evaluation administered pursuant to Chapter 10, Educator Evaluation; or
283 (ii) has not received three ratings in a five-year period of effective or highly effective
284 on a summative evaluation administered pursuant to Chapter 10, Educator Evaluation.
285 (2) A teacher may not attain career status after June 30, 2012.
286 (3) Except as provided in Subsection (4), a professional teacher is a teacher who:
287 (a) has not attained career status on or before June 30, 2012; and
288 (b) receives three ratings in a five-year period of effective or highly effective on a
289 summative evaluation administered pursuant to Chapter 10, Educator Evaluation.
290 (4) A probationary teacher who was employed by a school district in the 2011-12
291 school year may attain professional teacher status after receiving one rating of effective or
292 highly effective on a summative evaluation administered pursuant to Chapter 10, Educator
293 Evaluation.
294 (5) If a professional teacher receives a rating of ineffective on a summative evaluation
295 administered pursuant to Chapter 10, Educator Evaluation, the teacher's status shall be changed
296 to a probationary teacher beginning in the following school year.
297 Section 9. Section 53A-10-102 is amended to read:
298 53A-10-102. Definitions.
299 As used in this chapter:
300 (1) "Career educator" means a licensed employee who has a reasonable expectation of
301 continued employment under the policies of a local school board.
302 (2) "Educator" means an individual employed by a school district who is required to
303 hold a professional license issued by the State Board of Education, except:
304 (a) a superintendent; or
305 (b) an individual who:
306 (i) works fewer than three hours per day; or

307 (ii) is hired for less than half of a school year.
308 [(3) "Probationary educator" means an educator employed by a school district who,
309 under local school board policy, has been advised by the district that the educator's
310 performance is inadequate.]
311 (3) "Probationary teacher" means a teacher as described in Section 58A-8-108 .
312 (4) "Professional teacher" means a teacher as described in Section 53A-8-108 .
313 [(4) "Provisional educator" means an educator employed by a school district who has
314 not achieved status as a career educator within the school district.]
315 (5) "Summative evaluation" means an evaluation that is used to make annual decisions
316 or ratings of educator performance and may inform decisions on salary, confirmed
317 employment, personnel assignments, transfers, or dismissals.
318 Section 10. Section 53A-10-103 is amended to read:
319 53A-10-103. Establishment of educator evaluation program -- Joint committee.
320 (1) A local school board shall develop an educator evaluation program in consultation
321 with its joint committee.
322 (2) The joint committee described in Subsection (1) shall consist of an equal number of
323 classroom teachers, parents, and administrators appointed by the local school board.
324 (3) A local school board may appoint members of the joint committee from a list of
325 nominees:
326 (a) voted on by classroom teachers in a nomination election;
327 (b) voted on by the administrators in a nomination election; and
328 (c) of parents submitted by school community councils within the district.
329 (4) Subject to Subsection (5), the joint committee may:
330 (a) develop an evaluation program for teachers based on the Peer Assistance and
331 Review (PAR) model, Teacher Advancement Program (TAP) model, or a model developed by
332 the State Board of Education; or
333 (b) create its own evaluation program for teachers.
334 [(4)] (5) The evaluation program developed by the joint committee must comply with
335 the requirements of this chapter.
336 Section 11. Section 53A-10-106 is amended to read:
337 53A-10-106. Components of educator evaluation program.

338 (1) An educator evaluation program adopted by a local school board in consultation
339 with a joint committee established in Section 53A-10-103 shall include the following
340 components:
341 [(1)] (a) a reliable and valid evaluation program consistent with generally accepted
342 professional standards for personnel evaluation systems;
343 [(2) (a)] (b) (i) the evaluation of [provisional and probationary educators] probationary
344 teachers at least twice each school year; and
345 [(b)] (ii) the annual evaluation of all career educators and professional teachers;
346 [(3)] (c) systematic evaluation procedures for [both provisional and career] educators;
347 [(4)] (d) the use of multiple lines of evidence, such as:
348 [(a)] (i) self-evaluation;
349 [(b)] (ii) student and parent input;
350 [(c)] (iii) peer observation;
351 [(d)] (iv) supervisor observations;
352 [(e)] (v) evidence of professional growth;
353 [(f)] (vi) student achievement data; and
354 [(g)] (vii) other indicators of instructional improvement;
355 [(5)] (e) a reasonable number of observation periods for an evaluation to insure
356 adequate reliability;
357 [(6)] (f) administration of an educator's evaluation by:
358 [(a)] (i) the principal;
359 [(b)] (ii) the principal's designee;
360 [(c)] (iii) the educator's immediate supervisor; or
361 [(d)] (iv) another person specified in the evaluation program; and
362 [(7)] (g) an orientation for educators on the educator evaluation program.
363 (2) If an evaluator other than a teacher's principal administers the teacher's evaluation:
364 (a) the principal shall approve the appointment of the evaluator; and
365 (b) the evaluator must:
366 (i) have a record of effective teaching;
367 (ii) receive training in evaluation skills; and
368 (iii) have evaluations as the evaluator's major responsibility.

369 Section 12. Section 53A-10-106.1 is enacted to read:
370 53A-10-106.1. Teachers' summative evaluations -- Levels of performance --
371 Evaluation based on student learning growth and teacher effectiveness.
372 (1) (a) Beginning with the 2013-14 school year, a summative evaluation for a teacher
373 shall differentiate among four levels of performance as follows:
374 (i) highly effective;
375 (ii) effective;
376 (iii) improvement necessary; and
377 (iv) ineffective.
378 (b) To assure that teachers' summative evaluations statewide are uniformly rigorous,
379 the State Board of Education shall make rules providing criteria for establishing the four levels
380 of performance described in Subsection (1)(a).
381 (2) Beginning with the 2013-14 school year:
382 (a) at least 60% of a teacher's summative evaluation shall be based on student learning
383 growth, except as provided in Subsection (4); and
384 (b) up to 40% of a teacher's summative evaluation shall be based on the extent to
385 which the teacher meets teacher effectiveness standards.
386 (3) (a) Subject to Subsection (3)(b), student learning growth shall be assessed by:
387 (i) statewide assessments;
388 (ii) assessments administered pursuant to school district policy; or
389 (iii) both Subsections (3)(a)(i) and (ii).
390 (b) For subjects and grades subject to a statewide assessment, the statewide assessment
391 shall be the only assessment used to assess student learning growth under Subsection (2)(a).
392 (4) An assessment of student proficiency may substitute for an assessment of student
393 learning growth, if an assessment of student learning growth is not available.
394 (5) An evaluation of the extent to which a teacher meets teacher effectiveness
395 standards may rely on:
396 (a) a principal's or supervisor's evaluation;
397 (b) peer evaluations;
398 (c) parent input;
399 (d) student input; or

400 (e) a combination of Subsections (5)(a) through (d).
401 (6) A teacher who negatively impacts or is ineffective in enhancing student learning
402 growth or proficiency may not be rated as effective or highly effective.
403 (7) (a) Except as provided in Subsection (7)(b), a student may not be assigned for two
404 consecutive years a teacher who is rated as ineffective.
405 (b) If a school district is unable to comply with the requirement of Subsection (7)(a),
406 the school district shall notify the student's parent or guardian that the student is being assigned
407 for the second consecutive year to a teacher who is rated as ineffective.
408 Section 13. Section 53A-10-106.5 is amended to read:
409 53A-10-106.5. Summative evaluation timelines -- Review of summative
410 evaluations.
411 (1) The person responsible for administering an educator's summative evaluation shall:
412 (a) at least 15 days before an educator's first evaluation:
413 (i) notify the educator of the evaluation process; and
414 (ii) give the educator a copy of the evaluation instrument, if an instrument is used;
415 (b) (i) allow the educator to make a written response to any part of the evaluation; and
416 (ii) attach the educator's response to the evaluation;
417 (c) within [15] seven days after the evaluation process is completed, discuss the written
418 evaluation with the educator; and
419 (d) following any revision of the written evaluation made after the discussion:
420 (i) file the evaluation and any related reports or documents in the educator's personnel
421 file; and
422 (ii) give a copy of the written evaluation and attachments to the educator.
423 (2) An educator who is not satisfied with a summative evaluation may request a review
424 of the evaluation within 15 days after receiving the written evaluation.
425 (3) If a review is requested, the school district superintendent or the superintendent's
426 designee shall appoint a person not employed by the school district who has expertise in
427 teacher or personnel evaluation to review and make recommendations to the superintendent
428 regarding the teacher's summative evaluation.
429 Section 14. Section 53A-10-107 is amended to read:
430 53A-10-107. Deficiencies -- Improvement.

431 (1) The person responsible for administering an educator's evaluation shall give an
432 educator whose performance is inadequate or in need of improvement a written document
433 clearly identifying:
434 (a) deficiencies;
435 (b) the available resources for improvement; [and]
436 (c) a recommended course of action that will improve the educator's performance[.];
437 and
438 (d) the time period in which the educator is expected to improve performance.
439 (2) An educator is responsible for improving performance, including using any
440 resources identified by the school district, and demonstrating acceptable levels of improvement
441 in the designated areas of deficiencies.
442 (3) (a) The person responsible for administering the evaluation of an educator whose
443 performance has been determined to be inadequate or in need of improvement shall complete
444 written evaluations and recommendations regarding the educator at least 30 days before the end
445 of the educator's contract school year.
446 (b) The final evaluation shall include only data previously considered and discussed
447 with the educator as required by Section 53A-10-106.5 .




Legislative Review Note
as of 2-13-12 11:31 AM

Office of Legislative Research and General Counsel