DAR File No. 37280

Education, Administration

Rule R277-532

Local Board Policies for Evaluation of Non-Licensed Public Education Employees (Classified Employees)

Notice of Proposed Rule

(New Rule)

DAR File No.: 37280
Filed: 02/08/2013 04:52:06 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to direct public school districts to adopt policies for the evaluation, dismissal and compensation of non-licensed public education employees that satisfy the minimum standards of Sections 53A-8a-301 and 53A-8a-302 that requires school districts to have evaluation policies for non-licensed public education employees in place no later than the 2014-2015 school year.

Summary of the rule or change:

This new rule provides definitions and procedures for school districts to adopt policies for the evaluation, dismissal, and compensation of non-licensed public education employees.

State statutory or constitutional authorization for this rule:

• Section 53A-8a-301
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. This rule provides direction to school districts in developing policies.

local governments:

There are no anticipated costs or savings to local government at this time. Policies are not required to be implemented until the 2014-2015 school year. The agency believes that policies can be implemented within existing budgets but will not be certain about costs until implementation.

small businesses:

There is no anticipated cost or savings to small businesses. This new rule applies to public schools and does not affect businesses.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to individuals. The rule applies to public school districts for implementation of policies.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Public school districts have until the 2014-2015 school year to implement policies required under this rule. There will not be costs to individuals.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses.

Martell Menlove, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

04/01/2013

This rule may become effective on:

04/08/2013

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-532. Local Board Policies for Evaluation of Non-Licensed Public Education Employees (Classified Employees).

R277-532-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "Non-licensed public education employee" means a school district employee who is working for a public education employer in a position that does not require a Utah educator license. School districts typically refer to non-licensed public education employees as classified employees.

 

R277-532-2. Authority and Purpose.

A. This Rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, by Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities, and by Section 53A-8a-301 which directs the Board to develop rules requiring that school districts evaluate non-licensed public education employees.

B. The purpose of this rule is to direct public school districts to adopt policies for the evaluation, dismissal and compensation of non-licensed public education employees that satisfy the minimum standards of Sections 53A-8a-301 and 302, 53A-8a-501 through 506, and 53A-8a-601. The school district evaluation policies for non-licensed public education employees shall be consistent with Section 53A-8a-301 and in place no later than the 2014-2015 school year.

 

R277-532-3. School District Policies.

A. School districts shall adopt policies for non-licensed public education employee evaluation and dismissal consistent with minimum standards of Sections 53A-8a-301 and 302 and 53A-8a-501 through 506 and due process and the termination of non-licensed public education employees consistent with Section 53a-8a-501 through 504.

B. School district non-licensed public education employee evaluation policies shall include the following components:

(1) the annual evaluation of non-licensed public education employees;

(2) the use of appropriate tools for non-licensed public education employee evaluations;

(3) non-licensed public education employee evaluation criteria tied to specific non-licensed job descriptions or assignments;

(4) the administration of the evaluation by the school principal, an appropriate administrator or the principal's or administrator's designee; and

(5) an appeals process that allows non-licensed public education employees to appeal procedural violations of the evaluation process.

C. School district evaluation policies for non-licensed public education employees may include additional components.

D. School district non-licensed public education employee termination policies shall be developed as directed in Section 53A-8a-501 through 506;

E. School district non-licensed public education employee termination policies shall be consistent with Sections 53A-8a-501 through 504 and may include other components as determined locally.

F. School district policies may exclude temporary or part-time non-licensed public education employees from performance evaluations.

G. School districts shall fully implement evaluation policies for non-licensed public education employees consistent with Section 53A-8a-601.

 

KEY: policies, evaluations, non-licensed public education employee

Date of Enactment or Last Substantive Amendment: 2013

Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53A-1-401(3); 53A-8a-301