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:
21 Other Special Clauses:
23 Utah Code Sections Affected:
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
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
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.
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.
56 which an employee is engaged by the school district under a contract of employment, whether
57 oral or written.
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.
67 except as provided in Subsection [
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) [
71 and the Blind;
72 (ii) [
73 Deaf and the Blind; or
74 (iii) a temporary employee.
76 mandates the termination of an employee who started to work for [
77 before terminating a more senior employee.
79 a temporary employee, who is employed by a school district.
81 for the Utah Schools for the Deaf and the Blind, the State Board of Education.
83 (a) a public school district; or
84 (b) the Utah Schools for the Deaf and the Blind.
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 [
89 Temporary employees serve at will and have no expectation of continued employment.
91 tasks [
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
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) [
109 include an exemption from annual performance evaluations for a temporary [
110 part-time [
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, [
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
122 (c) require school districts 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[
129 Section 4. Section 53A-8a-401 is amended to read:
130 53A-8a-401. Legislative findings.
131 (1) The Legislature [
133 support for improvement through a systematic, fair, and competent annual evaluation [
135 (2) [
136 part, in accordance with Subsections 53A-1a-104(7) and 53A-6-102(2)(a) and (b), [
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
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[
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
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 [
173 developed by the State Board of Education; or
174 (b) create [
176 (5) The evaluation program developed by the joint committee [
177 the requirements of this part and rules adopted by the State Board of Education under Section
179 Section 7. Section 53A-8a-405 is amended to read:
180 53A-8a-405. Components of educator evaluation program.
181 (1) [
182 consultation with a joint committee established in Section 53A-8a-403[
184 educators based on educator professional standards established by the State Board of Education
185 and includes:
194 (i) self-evaluation;
195 (ii) student and parent input;
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[
200 improvement based on educator professional standards established by the State Board of
201 Education; and
202 (vi) student [
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.
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) [
227 evaluation; [
229 provided in writing;
231 evaluation with the educator; and
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) [
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) [
256 consistent with the requirements of Part 3, Employee Evaluations, and this part; and
257 (b) requiring [
259 (i) educator professional standards established by the State Board of Education; and
260 (ii) the requirements described in Subsection 53A-8a-405(1).
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, through a tool
269 designated by the State Board of Education for the purposes of analysis and reliability, the
270 number and percent of educators in each of the four [
272 Section 53A-8a-406.
273 (2) The data reported under Subsection (1) shall be separately reported for the
274 following educator classifications:
275 (a) administrators;
276 (b) teachers, including separately reported data for provisional teachers and career
277 teachers; and
279 (c) other classifications or demographics of educators as determined by the State Board
280 of Education.
281 (3) The state superintendent shall include the data reported by school districts under
282 this section [
283 system required by Section 53A-1-301.
284 (4) [
285 Act, the State Board of Education shall make rules to ensure the privacy and protection of
286 individual evaluation data.
287 Section 11. Repealer.
288 This bill repeals:
289 Section 53A-8a-404, Evaluation orientation.
290 Section 53A-8a-407, Deficiencies -- Improvement.
291 Section 53A-8a-602, Educator's eligibility for a wage increase.
292 Section 53A-8a-701, Definitions.
293 Section 53A-8a-702, Evaluation of school and district administrators.
294 Section 53A-8a-703, Compensation of school and district administrators.
Legislative Review Note
Office of Legislative Research and General Counsel