1     
PEER ASSISTANCE AND REVIEW PROGRAM AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Joel K. Briscoe

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the Peer Assistance and Review Program.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires the State Board of Education to select at least two school districts to
13     participate in the Peer Assistance and Review Program (PAR Program);
14          ▸     amends reporting requirements;
15          ▸     removes the repeal date for the PAR Program; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          This bill appropriates:
19          ▸     to the State Board of Education - State Office of Education - Initiative Programs as
20     an ongoing appropriation:
21               •     from the Education Fund, $500,000.
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          53A-8a-801, as enacted by Laws of Utah 2012, Chapter 273
27          53A-8a-802, as enacted by Laws of Utah 2012, Chapter 273
28          53A-8a-803, as enacted by Laws of Utah 2012, Chapter 273
29          53A-8a-804, as enacted by Laws of Utah 2012, Chapter 273
30          63I-2-253, as last amended by Laws of Utah 2015, Chapters 258, 418, and 456
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 53A-8a-801 is amended to read:
34          53A-8a-801. Definitions.
35          As used in this part:
36          [(2)] (1) "Consulting teacher" means a teacher who is appointed as described in Section
37     53A-8a-803 and provides assistance and review to teachers assigned to a PAR Program.
38          [(3)] (2) "Novice teacher" means a provisional teacher who has not achieved career
39     employee status.
40          [(4)] (3) "PAR Joint Panel" means the governing panel of a district's PAR Program,
41     created according to Section 53A-8a-804.
42          [(1)] (4) "Peer Assistance and Review Pilot Program" or "PAR Program" means the
43     teacher evaluation and mentoring program created in Section 53A-8a-802.
44          (5) "Teacher" means an individual employed by a school district who:
45          (a) is required to hold an educator license issued by the State Board of Education; and
46          (b) [who] has an assignment to teach in a classroom.
47          (6) "Underperforming veteran teacher" means a teacher:
48          (a) who [has achieved] is a career employee [status] as defined in Section 53A-8a-102;
49     and
50          (b) whose work has been judged to fall below the school district's standards.
51          Section 2. Section 53A-8a-802 is amended to read:
52          53A-8a-802. PAR Program guidelines -- Report.
53          (1) (a) [The PAR] There is created the Peer Assistance and Review Program [is created
54     to].
55          (b) A school district that participates in the PAR Program shall, for novice teachers and
56     underperforming veteran teachers:
57          [(a)] (i) conduct regular evaluations [of novice teachers and underperforming veteran
58     teachers];
59          [(b)] (ii) provide support and mentoring [to novice teachers and underperforming
60     veteran teachers]; and
61          [(c)] (iii) make recommendations for continued employment or dismissal [of novice
62     teachers and underperforming veteran teachers].
63          (2) Subject to future budget constraints, the Legislature shall appropriate money [for a
64     five-year period] to the State Board of Education for the PAR Program.
65          (3) The State Board of Education shall:
66          (a) solicit proposals from school districts for the use of grant money to develop and
67     implement PAR Programs; and
68          (b) award grants to at least two school districts on a competitive basis.
69          (4) In awarding a grant under Subsection (3)(b), the State Board of Education shall
70     consider:
71          (a) [the applicant's] a school district's capacity to effectively achieve the purposes of
72     the PAR Program as described in Subsection (1);
73          (b) whether [the] a school district has a rigorous and standards-based teacher
74     evaluation system [already] in place; and
75          (c) other criteria as determined by the State Board of Education.
76          (5) To receive a grant, a school district shall submit a proposal to the State Board of
77     Education on how the school district intends to develop and implement a PAR Program, within
78     the specifications of Section 53A-8a-803.
79          (6) A selected school district may use grant money received under this section:
80          (a) to develop and design a PAR Program to fit the needs of the school district, which
81     may include hiring [consultants] a consultant;
82          (b) to fund additional pay or stipends, computers, travel reimbursement, [and] or office
83     space for consulting teachers;
84          (c) for program administration and clerical support staff;
85          (d) for stipends for PAR Joint Panel members;
86          (e) to pay substitute teachers for:
87          (i) PAR Joint Panel members to attend meetings; or [for]
88          (ii) teachers [enrolled] participating in the PAR Program to visit and observe other
89     classes; and
90          (f) for training costs.
91          (7) (a) [After each year of the pilot program,] In accordance with Title 63G, Chapter 6a,
92     Utah Procurement Code, the State Board of Education shall [make a report to the Education
93     Interim Committee evaluating] contract with an independent evaluator to evaluate the impact
94     of the PAR Program on retaining high quality teachers and dismissing ineffective teachers in a
95     timely manner.
96          (b) The State Board of Education shall complete the evaluation described in Subsection
97     (7)(a) once every three years.
98          (c) The board shall report to the Education Interim Committee on the results of the
99     evaluation on or before October 1, 2018, and every three years thereafter.
100          (8) [The] In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
101     Act, the State Board of Education shall make rules specifying:
102          (a) procedures for applying for and awarding grants under this part;
103          (b) criteria for awarding grants; and
104          (c) reporting requirements for grantees.
105          Section 3. Section 53A-8a-803 is amended to read:
106          53A-8a-803. Program components.
107          (1) A school district that receives a grant under Section 53A-8a-802 to design and
108     implement a PAR Program, shall use the general guidelines as set forth in this section.
109          (2) A school district's PAR Program shall consist of the following two sections:
110          (a) an induction section for novice teachers; and
111          (b) a remediation section for underperforming veteran teachers.
112          (3) The induction section of a school district's PAR Program shall include the
113     following components:
114          (a) a novice teacher is automatically enrolled into the induction section of the PAR
115     Program and assigned a consulting teacher who serves as a mentor;
116          (b) the novice teacher receives help from a consulting teacher in:
117          (i) setting up a classroom[,];
118          (ii) securing needed supplies[,];
119          (iii) preparing for classroom management[,];
120          (iv) reflecting on lessons[,]; and
121          (v) getting feedback and support;
122          (c) the consulting teacher assesses the novice teacher's work and reports to the school
123     district's PAR Joint Panel [several] at least three times throughout the year, [with] including a
124     summative report and evaluation of the novice teacher at the end of the year;
125          (d) the consulting teacher assists the school district's PAR Joint Panel in deciding
126     whether to hire the novice teacher for another year; and
127          (e) the principal retains the right and responsibility for evaluating all teachers for career
128     employment status.
129          (4) The remediation section of a school district's PAR Program shall include the
130     following components:
131          (a) (i) a principal or supervisor recommends an underperforming veteran teacher to the
132     remediation section of the program[,]; or
133          (ii) the underperforming veteran teacher may be automatically enrolled in the
134     intervention section of the program in accordance with local school board policy;
135          (b) an underperforming veteran teacher is assigned a consulting teacher who acts as a
136     mentor and initially investigates whether the teacher is[, in fact,] failing to meet [the] school
137     district standards;
138          (c) the consulting teacher mentors the underperforming veteran teacher for a period of
139     time established in accordance with local school board policy; and
140          (d) the underperforming veteran teacher either:
141          (i) meets school district standards after close mentoring[,]; or
142          (ii) is dismissed or encouraged to resign because the underperforming veteran teacher
143     rejects help or fails to improve sufficiently despite the consulting teacher's mentoring.
144          (5) Consulting teachers:
145          (a) are chosen through a competitive process by the school district's PAR Joint Panel;
146          (b) (i) are released from regular teaching loads for three to five years; or
147          (ii) are released from regular teaching part-time and serve as consulting teachers
148     part-time;
149          (c) earn regular salary plus an additional stipend for being consulting teachers;
150          (d) are assigned a caseload of teachers to mentor and evaluate, preferably in the same
151     subject and grade level;
152          (e) report on teachers to the school district's PAR Joint Panel; and
153          (f) mentor and evaluate teachers participating in the school district's PAR Program
154     through:
155          (i) scheduled and unscheduled visits;
156          (ii) developing a growth plan with a teacher based on the teacher's strengths and
157     weaknesses;
158          (iii) observing lessons and providing feedback;
159          (iv) helping with lesson planning;
160          (v) providing resources and materials; and
161          (vi) arranging for a participating teacher to observe another [colleague's] class.
162          Section 4. Section 53A-8a-804 is amended to read:
163          53A-8a-804. Creation -- Make-up -- Duties of a school district PAR Joint Panel.
164          (1) A school district that receives money to create a PAR Program under Section
165     53A-8a-802 shall create a PAR Joint Panel consisting of an equal number of teacher
166     representatives and school district administrators [or their designees].
167          (2) A district PAR Joint Panel shall:
168          (a) meet regularly to design the school district's PAR Program;
169          (b) review cases of teachers assigned to the school district's PAR Program and decide
170     whether the school district should continue to employ teachers based on evidence collected by
171     consulting teachers; and
172          (c) select consulting teachers through a competitive process.
173          Section 5. Section 63I-2-253 is amended to read:
174          63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
175          (1) Section 53A-1-403.5 is repealed July 1, 2017.
176          [(2) Subsection 53A-1-410(5) is repealed July 1, 2015.]
177          [(3)] (2) Section 53A-1-411 is repealed July 1, 2017.
178          [(4)] (3) Section 53A-1a-513.5 is repealed July 1, 2017.
179          [(5)] (4) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.
180          [(6) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
181     repealed July 1, 2017.]
182          Section 6. Appropriation.
183          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
184     the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
185     are appropriated from resources not otherwise appropriated, or reduced from amounts
186     previously appropriated, out of the funds or amounts indicated. These sums of money are in
187     addition to amounts previously appropriated for fiscal year 2017.
188          To State Board of Education -- State Office of Education -- Initiative Programs
189               From Education Fund
$500,000

190               Schedule of Programs:
191                    Peer Assistance and Review               $500,000
192          The Legislature intends that:
193          (1) except as provided in Subsection (2), the State Board of Education use the
194     appropriation described in this section to expand the Peer Assistance and Review Program
195     created in Section 53A-8a-802 to at least one additional school district;
196          (2) the State Board of Education may use up to $25,000 of the appropriation to contract
197     with an independent evaluator to conduct an evaluation, as required by Subsection
198     53A-8a-802(7); and
199          (3) the appropriation provided in this section be:
200          (a) ongoing; and
201          (b) nonlapsing.




Legislative Review Note
Office of Legislative Research and General Counsel