1     
STUDENT TESTING AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marie H. Poulson

5     
Senate Sponsor: Lincoln Fillmore

6     Cosponsors:
7     Patrice M. Arent
8     Joel K. Briscoe
9     Kim Coleman
10     Rich Cunningham
Susan Duckworth
Justin L. Fawson
Francis D. Gibson
Lynn N. Hemingway
Brad King
David E. Lifferth
Carol Spackman Moss
Angela Romero
Norman K Thurston
11     

12     LONG TITLE
13     General Description:
14           This bill amends provisions related to the evaluation of educators and administrators.
15     Highlighted Provisions:
16          This bill:
17          ▸      places restrictions on the use of end-of-level assessment scores for the evaluation
18     and compensation of certain employees; and
19          ▸     makes technical and conforming changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          53A-8a-405, as renumbered and amended by Laws of Utah 2012, Chapter 425
27          53A-8a-409, as last amended by Laws of Utah 2014, Chapter 262
28          53A-8a-601, as last amended by Laws of Utah 2014, Chapter 262
29          53A-8a-702, as last amended by Laws of Utah 2014, Chapter 262
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 53A-8a-405 is amended to read:
33          53A-8a-405. Components of educator evaluation program.
34          An educator evaluation program adopted by a local school board in consultation with a
35     joint committee established in Section 53A-8a-403:
36          (1) shall include the following components:
37          [(1)] (a) a reliable and valid evaluation program consistent with generally accepted
38     professional standards for personnel evaluation systems;
39          [(2) (a)] (b) (i) the evaluation of provisional and probationary educators at least twice
40     each school year; and
41          [(b)] (ii) the annual evaluation of all career educators;
42          [(3)] (c) systematic evaluation procedures for both provisional and career educators;
43          [(4)] (d) the use of multiple lines of evidence, [such as] including:
44          [(a)] (i) self-evaluation;
45          [(b)] (ii) student and parent input;
46          [(c)] (iii) peer observation;
47          [(d)] (iv) supervisor observations;
48          [(e)] (v) evidence of professional growth;
49          [(f)] (vi) student achievement data; and
50          [(g)] (vii) other indicators of instructional improvement;
51          [(5)] (e) a reasonable number of observation periods for an evaluation to [insure]
52     ensure adequate reliability;
53          [(6)] (f) administration of an educator's evaluation by:
54          [(a)] (i) the principal;
55          [(b)] (ii) the principal's designee;
56          [(c)] (iii) the educator's immediate supervisor; or
57          [(d)] (iv) another person specified in the evaluation program;
58          [(7)] (g) an orientation for educators on the educator evaluation program; and
59          [(8)] (h) a summative evaluation that differentiates among four levels of
60     performance[.]; and
61          (2) may not use end-of-level assessment scores in educator evaluation.
62          Section 2. Section 53A-8a-409 is amended to read:
63          53A-8a-409. State Board of Education to establish a framework for the
64     evaluation of educators.
65          [The] (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
66     Act, the State Board of Education shall make rules:
67          [(1)] (a) establishing a framework for the evaluation of educators that is consistent with
68     the requirements of Part 3, Employee Evaluations, and this part;
69          [(2)] (b) requiring a teacher's summative evaluation to be based on[: (a) student
70     learning growth or achievement, if measures of student learning growth are not available; and
71     (b)] standards of instructional quality; and
72          [(3)] (c) requiring each school district to fully implement an evaluation system for
73     educators in accordance with the framework established by the State Board of Education no
74     later than the 2015-16 school year.
75          (2) The rules described in Subsection (1) shall prohibit the use of end-of-level
76     assessment scores in educator evaluation.
77          Section 3. Section 53A-8a-601 is amended to read:
78          53A-8a-601. State Board of Education to make rules on performance
79     compensation.
80          (1) [The] In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
81     Act, the State Board of Education shall make rules requiring a school district's employee
82     compensation system to be aligned with the district's annual evaluation system described in
83     Section 53A-8a-405.
84          (2) Rules adopted under Subsection (1) shall :
85          (a) establish a timeline for developing and implementing an employee compensation
86     system that is aligned with an annual evaluation system; and
87          (b) provide that beginning no later than the 2016-17 school year:
88          (i) any advancement on an adopted wage or salary schedule:
89          (A) shall be based primarily on an evaluation; and
90          (B) may not be based on end-of-level assessment scores; and
91          (ii) an employee may not advance on an adopted wage or salary schedule if the
92     employee's rating on the most recent evaluation is at the lowest level of an evaluation
93     instrument.
94          Section 4. Section 53A-8a-702 is amended to read:
95          53A-8a-702. Evaluation of school and district administrators.
96          [The] (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
97     Act, the State Board of Education shall[: (1) establish in] make rules that establish a framework
98     for the evaluation of school and district administrators that includes the following components:
99          (a) student achievement indicators emphasizing learning growth and proficiency;
100          (b) the results of an evaluation tool utilized by the local school board that includes
101     input from employees, parents, and students;
102          (c) the effectiveness of evaluating employee performance in a school or district for
103     which the school or district administrator has responsibility; and
104          (d) other factors as determined by a local school board in implementing state law and
105     State Board of Education rules[; and].
106          (2) The rules described in Subsection (1) shall prohibit the use of end-of-level
107     assessment scores in the evaluation of school and district administrators.
108          [(2)] (3) The State Board of Education shall require each school district to fully
109     implement an evaluation system for school and district administrators in accordance with the
110     framework established by the State Board of Education no later than the 2015-16 school year.