1     
EDUCATOR EVALUATION AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jefferson Moss

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to educator evaluations.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     amends provisions related to components of an educator evaluation program;
14          ▸     amends provisions related to a mentor for a provisional educator;
15          ▸     amends duties of the State Board of Education related to educator evaluations;
16          ▸     amends provisions related to reporting regarding educator evaluations;
17          ▸     repeals provisions related to educator and administrator evaluations; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          53A-8a-102, as last amended by Laws of Utah 2015, Chapter 203
26          53A-8a-301, as enacted by Laws of Utah 2012, Chapter 425
27          53A-8a-302, as enacted by Laws of Utah 2012, Chapter 425
28          53A-8a-401, as renumbered and amended by Laws of Utah 2012, Chapter 425
29          53A-8a-402, as renumbered and amended by Laws of Utah 2012, Chapter 425
30          53A-8a-403, as renumbered and amended by Laws of Utah 2012, Chapter 425
31          53A-8a-405, as last amended by Laws of Utah 2016, Chapter 204
32          53A-8a-406, as renumbered and amended by Laws of Utah 2012, Chapter 425
33          53A-8a-409, as last amended by Laws of Utah 2016, Chapter 204
34          53A-8a-410, as enacted by Laws of Utah 2012, Chapter 425
35     REPEALS:
36          53A-8a-404, as renumbered and amended by Laws of Utah 2012, Chapter 425
37          53A-8a-407, as renumbered and amended by Laws of Utah 2012, Chapter 425
38          53A-8a-602, as enacted by Laws of Utah 2012, Chapter 425
39          53A-8a-701, as enacted by Laws of Utah 2012, Chapter 425
40          53A-8a-702, as last amended by Laws of Utah 2016, Chapter 204
41          53A-8a-703, as last amended by Laws of Utah 2014, Chapter 262
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 53A-8a-102 is amended to read:
45          53A-8a-102. Definitions.
46          As used in this chapter:
47          (1) "Administrator" means an individual who:
48          (a) serves in a position that requires:
49          (i) an educator license with an administrative area of concentration; or
50          (ii) a letter of authorization described in Section 53A-3-301 or 53A-6-110; and
51          (b) supervises school administrators or teachers.
52          [(1)] (2) "Career employee" means an employee of a school district who has obtained a
53     reasonable expectation of continued employment based upon Section 53A-8a-201 and an
54     agreement with the employee or the employee's association, district practice, or policy.
55          [(2)] (3) "Contract term" or "term of employment" means the period of time during
56     which an employee is engaged by the school district under a contract of employment, whether
57     oral or written.
58          [(3)] (4) "Dismissal" or "termination" means:
59          (a) termination of the status of employment of an employee;
60          (b) failure to renew or continue the employment contract of a career employee beyond
61     the then-current school year;
62          (c) reduction in salary of an employee not generally applied to all employees of the
63     same category employed by the school district during the employee's contract term; or
64          (d) change of assignment of an employee with an accompanying reduction in pay,
65     unless the assignment change and salary reduction are agreed to in writing.
66          [(4)] (5) (a) "Employee" means a career or provisional employee of a school district,
67     except as provided in Subsection [(4)] (5)(b).
68          (b) For purposes of Part 2, Status of Employment, Part 4, Educator Evaluations, and
69     Part 5, Orderly School Termination Procedures, "employee" does not include:
70          (i) [the] a district superintendent[,] or the equivalent at the Utah Schools for the Deaf
71     and the Blind;
72          (ii) [the] a district business administrator or the equivalent at the Utah Schools for the
73     Deaf and the Blind; or
74          (iii) a temporary employee.
75          [(5)] (6) "Last-hired, first-fired layoff policy" means a staff reduction policy that
76     mandates the termination of an employee who started to work for [the] a district most recently
77     before terminating a more senior employee.
78          [(6)] (7) "Provisional employee" means an individual, other than a career employee or
79     a temporary employee, who is employed by a school district.
80          [(7)] (8) "School board" or "board" means a district school board or [its equivalent at],
81     for the Utah Schools for the Deaf and the Blind, the State Board of Education.
82          [(8)] (9) "School district" or "district" means:
83          (a) a public school district; or
84          (b) the Utah Schools for the Deaf and the Blind.
85          [(9)] (10) "Temporary employee" means an individual who is employed on a temporary
86     basis as defined by policies adopted by the local board of education. If the class of employees
87     in question is represented by an employee organization recognized by the local board, the board
88     shall adopt [its] the board's policies based upon an agreement with that organization.
89     Temporary employees serve at will and have no expectation of continued employment.
90          [(10)] (11) (a) "Unsatisfactory performance" means a deficiency in performing work
91     tasks [which] that may be:
92          (i) due to insufficient or undeveloped skills or a lack of knowledge or aptitude; and
93          (ii) remediated through training, study, mentoring, or practice.
94          (b) "Unsatisfactory performance" does not include the following conduct that is
95     designated as a cause for termination under Section 53A-8a-501 or a reason for license
96     discipline by the State Board of Education or Utah Professional Practices Advisory
97     Commission:
98          (i) a violation of work rules;
99          (ii) a violation of local school board policies, State Board of Education rules, or law;
100          (iii) a violation of standards of ethical, moral, or professional conduct; or
101          (iv) insubordination.
102          Section 2. Section 53A-8a-301 is amended to read:
103          53A-8a-301. Evaluation of employee performance.
104          (1) Except as provided in Subsection (2), a local school board shall require that the
105     performance of each school district employee be evaluated annually in accordance with rules of
106     the State Board of Education adopted in accordance with this chapter and Title 63G, Chapter 3,
107     Utah Administrative Rulemaking Act.
108          (2) [(a)] Rules adopted by the State Board of Education under Subsection (1) may
109     include an exemption from annual performance evaluations for a temporary [or] employee or a
110     part-time [employees] employee.
111          [(b) As provided by Section 53A-8a-405, a provisional or probationary educator shall
112     be evaluated at least twice each school year.]
113          Section 3. Section 53A-8a-302 is amended to read:
114          53A-8a-302. State Board of Education rules -- Reporting to Legislature.
115          (1) Subject to Part 4, Educator Evaluations, [and Part 7, Evaluation and Compensation
116     of Administrators,] rules adopted by the State Board of Education under Section 53A-8a-301
117     shall:
118          (a) provide general guidelines, requirements, and procedures for the development and
119     implementation of employee evaluations;
120          (b) establish required components and allow for optional components of employee
121     evaluations;
122          (c) require school districts to [chose] choose valid and reliable methods and tools to
123     implement the evaluations; and
124          (d) establish a timeline for school districts to implement employee evaluations.
125          (2) The State Board of Education shall report to the Education Interim Committee, as
126     requested, on progress in implementing employee evaluations in accordance with this part[,]
127     and Part 4, Educator Evaluations[, and Part 7, Evaluation and Compensation of
128     Administrators].
129          Section 4. Section 53A-8a-401 is amended to read:
130          53A-8a-401. Legislative findings.
131          (1) The Legislature [recognizes] finds that the [quality] effectiveness of public
132     [education] educators can be improved and enhanced by providing specific feedback and
133     support for improvement through a systematic, fair, and competent annual evaluation [of public
134     educators] and remediation of [those] public educators whose performance is inadequate.
135          (2) [In] The State Board of Education and each local school board shall implement this
136     part, in accordance with Subsections 53A-1a-104(7) and 53A-6-102(2)(a) and (b), [the desired
137     purposes of evaluation are] to:
138          (a) allow the educator and the school district to promote the professional growth of the
139     educator; and
140          (b) identify and encourage quality instruction in order to improve student
141     [achievement] academic growth.
142          Section 5. Section 53A-8a-402 is amended to read:
143          53A-8a-402. Definitions.
144          As used in this chapter:
145          (1) "Career educator" means a licensed employee who has a reasonable expectation of
146     continued employment under the policies of a local school board.
147          (2) "Educator" means an individual employed by a school district who is required to
148     hold a professional license issued by the State Board of Education, except:
149          (a) a superintendent; or
150          (b) an individual who[: (i)] works [fewer] less than three hours per day[;] or [(ii)] is
151     hired for less than half of a school year.
152          (3) "Probationary educator" means an educator employed by a school district who,
153     under local school board policy, has been advised by the school district that the educator's
154     performance is inadequate.
155          (4) "Provisional educator" means an educator employed by a school district who has
156     not achieved status as a career educator within the school district.
157          (5) "Summative evaluation" means the annual evaluation that summarizes an
158     educator's performance during a school year and that is used to make decisions related to the
159     educator's employment.
160          Section 6. Section 53A-8a-403 is amended to read:
161          53A-8a-403. Establishment of educator evaluation program -- Joint committee.
162          (1) A local school board shall develop an educator evaluation program in consultation
163     with its joint committee.
164          (2) The joint committee described in Subsection (1) shall consist of an equal number of
165     classroom teachers, parents, and administrators appointed by the local school board.
166          (3) A local school board may appoint members of the joint committee from a list of
167     nominees:
168          (a) voted on by classroom teachers in a nomination election;
169          (b) voted on by the administrators in a nomination election; and
170          (c) of parents submitted by school community councils within the district.
171          (4) Subject to Subsection (5), the joint committee may:
172          (a) adopt or adapt an evaluation program for [teachers] educators based on a model
173     developed by the State Board of Education; or
174          (b) create [its] the local school board's own evaluation program for [teachers]
175     educators.
176          (5) The evaluation program developed by the joint committee [must] shall comply with
177     the requirements of this part and rules adopted by the State Board of Education under Section
178     53A-8a-409.
179          Section 7. Section 53A-8a-405 is amended to read:
180          53A-8a-405. Components of educator evaluation program.
181          (1) [An educator evaluation program adopted by a] A local school board in
182     consultation with a joint committee established in Section 53A-8a-403[: (1)] shall [include the
183     following components] adopt a reliable and valid educator evaluation program that evaluates
184     educators based on educator professional standards established by the State Board of Education
185     and includes:
186          [(a) a reliable and valid evaluation program consistent with generally accepted
187     professional standards for personnel evaluation systems;]
188          [(b) (i) the evaluation of provisional and probationary educators at least twice each
189     school year; and]
190          [(ii) the] (a) a systematic annual evaluation of all provisional, probationary, and career
191     educators;
192          [(c) systematic evaluation procedures for both provisional and career educators;]
193          [(d) the] (b) use of multiple lines of evidence, including:
194          (i) self-evaluation;
195          (ii) student and parent input;
196          [(iii) peer observation;]
197          (iii) for an administrator, employee input;
198          (iv) a reasonable number of supervisor observations to ensure adequate reliability;
199          (v) evidence of professional growth[;] and other indicators of instructional
200     improvement based on educator professional standards established by the State Board of
201     Education; and
202          (vi) student [achievement] academic growth data; [and]
203          [(vii) other indicators of instructional improvement;]
204          [(e) a reasonable number of observation periods for an evaluation to ensure adequate
205     reliability;]
206          [(f) administration of an educator's evaluation by:]
207          [(i) the principal;]
208          [(ii) the principal's designee;]
209          [(iii) the educator's immediate supervisor; or]
210          [(iv) another person specified in the evaluation program;]
211          [(g) an orientation for educators on the educator evaluation program; and]
212          [(h)] (c) a summative evaluation that differentiates among four levels of performance;
213     and
214          (d) for an administrator, the effectiveness of evaluating employee performance in a
215     school or school district for which the administrator has responsibility.
216          (2) (a) An educator evaluation program described in Subsection (1) may include a
217     reasonable number of peer observations.
218          [(2)] (b) An educator evaluation program described in Subsection (1) may not use
219     end-of-level assessment scores in educator evaluation.
220          Section 8. Section 53A-8a-406 is amended to read:
221          53A-8a-406. Summative evaluation timelines -- Review of summative evaluations.
222          (1) The person responsible for administering an educator's summative evaluation shall:
223          (a) at least 15 days before an educator's first evaluation:
224          (i) notify the educator of the evaluation process; and
225          (ii) give the educator a copy of the evaluation instrument, if an instrument is used;
226          (b) [(i)] allow the educator to [make a written response] respond to any part of the
227     evaluation; [and]
228          [(ii)] (c) attach the educator's response to the evaluation if the educator's response is
229     provided in writing;
230          [(c)] (d) within 15 days after the evaluation process is completed, discuss the written
231     evaluation with the educator; and
232          [(d) following any revision of the written evaluation made after the discussion:]
233          [(i) file the evaluation and any related reports or documents in the educator's personnel
234     file; and]
235          [(ii) give a copy of the written evaluation and attachments to the educator.]
236          (e) based upon the educator's performance, assign to the educator one of the four levels
237     of performance described in Section 53A-8a-405.
238          (2) An educator who is not satisfied with a summative evaluation may request a review
239     of the evaluation within 15 days after receiving the written evaluation.
240          (3) (a) If a review is requested in accordance with Subsection (2), the school district
241     superintendent or the superintendent's designee shall appoint a person not employed by the
242     school district who has expertise in teacher or personnel evaluation to review the evaluation
243     procedures and make recommendations to the superintendent regarding the educator's
244     summative evaluation.
245          (b) [The] In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
246     Act, the State Board of Education shall make rules prescribing standards for an independent
247     review of an educator's summative evaluation.
248          (c) A review of an educator's summative evaluation under Subsection (3)(a) shall be
249     conducted in accordance with State Board of Education rules made under Subsection (3)(b).
250          Section 9. Section 53A-8a-409 is amended to read:
251          53A-8a-409. State Board of Education to describe a framework for the evaluation
252     of educators.
253          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
254     State Board of Education shall make rules:
255          (a) [establishing] describing a framework for the evaluation of educators that is
256     consistent with the requirements of Part 3, Employee Evaluations, and this part; and
257          (b) requiring [a teacher's] an educator's summative evaluation to be based on [standards
258     of instructional quality; and]:
259          (i) educator professional standards established by the State Board of Education; and
260          (ii) the requirements described in Subsection 53A-8a-405(1).
261          [(c) requiring each school district to fully implement an evaluation system for
262     educators in accordance with the framework established by the State Board of Education no
263     later than the 2015-16 school year.]
264          (2) The rules described in Subsection (1) shall prohibit the use of end-of-level
265     assessment scores in educator evaluation.
266          Section 10. Section 53A-8a-410 is amended to read:
267          53A-8a-410. Report of performance levels.
268          (1) A school district shall report to the State Board of Education the number and
269     percent of educators in each of the four [rating categories referred to in Section 53A-8a-405
270     based on an educator's annual evaluation] levels of performance assigned under Section
271     53A-8a-406.
272          (2) The data reported under Subsection (1) shall be separately reported for the
273     following educator classifications:
274          (a) administrators;
275          (b) teachers, including separately reported data for provisional teachers and career
276     teachers; and
277          [(c) educators other than administrators or teachers.]
278          (c) other classifications or demographics of educators as determined by the State Board
279     of Education.
280          (3) The state superintendent shall include the data reported by school districts under
281     this section [shall be included] in the state superintendent's annual report of the public school
282     system required by Section 53A-1-301.
283          (4) [The] In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
284     Act, the State Board of Education shall make rules to ensure the privacy and protection of
285     individual evaluation data.
286          Section 11. Repealer.
287          This bill repeals:
288          Section 53A-8a-404, Evaluation orientation.
289          Section 53A-8a-407, Deficiencies -- Improvement.
290          Section 53A-8a-602, Educator's eligibility for a wage increase.
291          Section 53A-8a-701, Definitions.
292          Section 53A-8a-702, Evaluation of school and district administrators.
293          Section 53A-8a-703, Compensation of school and district administrators.