DAR File No. 38776

This rule was published in the September 1, 2014, issue (Vol. 2014, No. 17) of the Utah State Bulletin.


Education, Administration

Rule R277-531

Public Educator Evaluation Requirements (PEER)

Notice of Proposed Rule

(Amendment)

DAR File No.: 38776
Filed: 08/15/2014 06:16:58 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-531 is amended in response to S.B. 101, Public Education Human Resource Management Amendments, from the 2014 General Legislative Session.

Summary of the rule or change:

The amendments to Rule R277-531 provide changes to the dates for school districts to fully implement an evaluation system for educators from the 2014-15 school year to the 2015-16 school year and terminology changes throughout the rule.

State statutory or constitutional authorization for this rule:

  • Subsections 53A-1-402(1)(a)(i) and (ii)
  • Subsection 53A-1-401(3)
  • Section 53A-8a-301

Anticipated cost or savings to:

the state budget:

Amendments change the date for implementation of an evaluation system for educators from the 2014-15 school year to the 2015-16 school year which likely will not result in a cost or savings to state government.

local governments:

Amendments to the rule change the date for implementation of an evaluation system for educators from the 2014-15 school year to the 2015-16 school year which likely will not result in a cost or savings to local government.

small businesses:

Amendments to the rule change the date for implementation of an evaluation system for educators from the 2014-15 school year to the 2015-16 school year which likely will not result in a cost or savings to small businesses.

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

Amendments to the rule change the date for implementation of an evaluation system for educators from the 2014-15 school year to the 2015-16 school year which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The amendments provide changes to the date for implementation of an evaluation system for educators from the 2014-15 school year to the 2015-16 school year which likely will not result in any compliance costs for affected persons.

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

I have reviewed this rule and I believe that there is likely 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 carol.lear@schools.utah.gov

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:

10/01/2014

This rule may become effective on:

10/08/2014

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-531. Public Educator Evaluation Requirements (PEER).

R277-531-1. Definitions.

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

B. "Educator" means an individual licensed under Section 53A-6-104 and who meets the requirements of R277-501.

[G]C. "[LEA ]Educator Evaluation Program" means a[n LEA's] school district's process, policies and procedures for evaluating educators' performance according to their various assignments; those policies and procedures shall align with R277-531.

[C]D. "Formative evaluation" means evaluations that provide educators with [feedback]information and assessments on how to improve their performance.

[D]E. "Instructional quality data" means data acquired through observation of educator's instructional practices.

[E]F. "Joint educator evaluation committee" means the local committee described under Section 53A-8a-403 that develops and assesses a[n LEA] school district evaluation program.

[F. "LEA" means a local education agency directly responsible for the public education of Utah students, including traditional local school boards and school districts, and, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

][H]G. "School administrator" means an educator serving in a position that requires a Utah Educator License with an Administrative area of concentration and who supervises Level 2 educators.

[I]H. "Student growth score" means a measurement of a student's achievement towards educational goals in the course of a school year.

[J]I. "Summative evaluation" means evaluations that are used to make annual decisions or ratings of educator performance and may inform decisions on salary, confirmed employment, personnel assignments, transfers, or dismissals.

[K]J. "USOE" means the Utah State Office of Education.

[L]K. "Utah Consolidated Application (UCA)" means the web-based grants management tool employed by the Utah State Office of Education by which local education agencies submit plans and budgets for approval of the Utah State Office of Education.

[M]L. "Utah Effective Teaching Standards" means the teaching standards identified and [adopted]provided in R277-530.

[N]M. "Utah Educational Leadership Standards" means the standards for educational leadership identified and adopted in R277-530.

[O]N. "Valid and reliable measurement tool(s)" means an instrument that has proved consistent over time and uses non-subjective criteria that require minimal interpretation.

 

R277-531-2. Authority and Purpose.

A. This rule is authorized under Utah Constitution Article X, Section 3 which vests general control and supervision over public education in the Board, by Sections 53A-1-402(1)(a)(i) and (ii) which require the Board to establish rules and minimum standards for the qualification and certification of educators and for required school administrative and supervisory services, Section 53A-8a-301 which directs that the Board adopt rules to guide school district employee evaluations, and Section 53A-1-401(3) which allows the Board to make rules in accordance with its responsibilities.

B. The purpose of this rule is to provide a statewide educator evaluation system framework that includes required Board directed expectations and components and additional [LEA]school district determined components and procedures to ensure the availability of data about educator effectiveness[ are available]. The process shall focus on the improvement of high quality instruction and improved student achievement. Additionally, the process shall include common data that can be aggregated and disaggregated to inform Board and [LEA]school district decisions about retention, preparation, recruitment, improved professional development practices and ensure [LEAs]school districts engage in a consistent process statewide of educator evaluation.

 

R277-531-3. Public Educator Evaluation Framework.

A. The Board shall provide a framework that includes five general evaluation system areas and additional discretionary components [of]required in a[n LEA's] school district's educator evaluation system no later than the 2015-2016 school year.

B. [Alignment with Board expectations and standards and required consistency of LEA policies with evaluation process]A school district shall align its evaluation policies with Board standards:

(1) [An LEA]A school district educator evaluation system shall be based on rigorous performance expectations aligned with R277-530.

(2) [An LEA]A school district evaluation system shall establish and articulate performance expectations individually for all licensed [LEA]school district educators.

(3) A[n LEA]A school district evaluation system shall [include]use valid and reliable measurement tools including, at a minimum:

(a) observations of instructional quality;

(b) evidence of student growth;

(c) parent and student input; and

(d) other indicators as determined by the [LEA]school district.

(4) [An LEA]A school district evaluation system shall provide a summative yearly rating of educator performance using uniform statewide terminology and definitions. A[n LEA] school district evaluation system shall include summative and formative components.

(5) [An LEA]A school district evaluation system shall direct the revision or alignment of all related [LEA]school district policies, as necessary, to be consistent with the [LEA]school district Educator Evaluation System.

[C.](6) [Valid and reliable tools:]A school district evaluation system[

(1) An LEA evaluation system] shall use valid, reliable and research-based measurement tool(s) for all educator evaluations. Such measurements shall:

(a) employ a variety of measurement tools;

(b) adopt differentiated methodologies for measuring student growth for educators in subject areas for which standardized tests are available and in subject areas for which standardized tests are not available;

(c) provide evaluation for non-instructional licensed educators and administrators; and

([2]d) [shall ]provide[ for] both formative and summative evaluation data[;].

[(3)]C. A school district may consider data gathered from tools[ may be considered by an LEA] to inform decisions about employment and professional development.

D. A school district shall [D]discuss[ion], collaborate[ion] and protect[ion] [of]the confidentiality [with]of educator[s] [regarding]data in the evaluation process:

(1) [An LEA]a school district evaluation system shall provide for clear and timely notice to educators of the components, timelines and consequences of the evaluation process[.];

(2) [An LEA]a school district evaluation system shall provide for timely discussion with evaluated educators to include professional growth plans as required in R277-501 and evaluation conferences[.]; and

(3) [An LEA]a school district evaluation system shall protect personal data gathered in the evaluation process.

E. School district plans shall provide [S]support for instructional improvement[:].

(1) A[n LEA]school district evaluation system shall assess professional development needs of educators.

(2) A[n LEA]school district evaluation system shall identify educators who do not meet expectations for instructional quality and provide support as appropriate at the [LEA]school district level which may include providing educators with mentors, coaches, specialists in effective instruction and setting timelines and benchmarks to assist educators toward greater improved instructional effectiveness and student achievement.

F. A school district evaluation system shall maintain [R]records and documentation of required educator evaluation information[:].

(1) A[n LEA]school district evaluation system shall [include]require the evaluation of all licensed educators at least once a year.

(2) A[n LEA]school district evaluation system shall provide at least an annual rating for each licensed educator, including teachers, school administrators and other non-teaching licensed positions, using Board-directed statewide evaluation terminology and definitions.

(3) A[n LEA]school district evaluation system shall provide for the evaluation of all provisional educators, as defined by the [LEA]school district under Section 53A-8a-405, at least twice yearly.

(4) A[n LEA]school district evaluation system shall include the following specific educator performance criteria:

(a) school district-determined instructional quality measures[ to be determined by the LEA];

(b) complete integration of student growth score [to be completely phased in by]before July 1, [2015]2016; and

(c) other measures as determined by the [LEA]school district, including data [gathered]required from student/parent input.

(5) [t]The Board shall determine weightings for specific educator performance criteria to be used in the [LEA's]school district's evaluation system.

(6) A[n LEA]school district evaluation system shall include a plan for recognizing educators who demonstrate exemplary professional effectiveness, at least in part, by student achievement.

(7) A[n LEA]school district evaluation system shall identify potential employment consequences, including discipline and termination, if an educator fails to meet performance expectations.

(8) A[n LEA]school district evaluation system shall include a review or appeals procedure for an educator to challenge the process of a summative evaluation that provides for adequate and timely due process for the educator consistent with Section 53A-8a-406(2).

G. A[n LEA]school district may include additional components in [an]its evaluation system.

H. A local board of education shall review and approve [an LEA's]its school district's proposed evaluation systems in an open meeting prior to the local board's submission to the Board for review and approval.

 

R277-531-4. Board Support and Monitoring of LEA Evaluation Systems.

A. The Board shall establish a state evaluation advisory committee to provide ongoing review and support for [LEAs]school districts as they develop and implement evaluation systems consistent with the law and this [R]rule. The Committee shall:

(1) analyze [LEA]school district evaluation data for purposes of:

(a) reporting;

(b) assessing instructional improvement; and

(c) assessing student achievement.

(2) review required Board evaluation components regularly and evaluate their usefulness in providing a consistent statewide framework for educator evaluation, instructional improvement and commensurate student achievement; and

(3) review [LEA]school district educator evaluation plans for alignment with Board requirements.

B. The USOE, under supervision of the Board, shall develop a model educator evaluation system that includes performance expectations consistent with this rule.

C. The USOE shall evaluate and recommend tools and measures for use by [LEAs]school districts as they develop and initiate their local educator evaluation systems.

D. The USOE shall provide professional development and technical support to [LEAs]school districts to assist in evaluation procedures and to improve educators' ability to make valid and reliable evaluation judgments.

 

R277-531-5. Implementation.

A. Each [LEA]school district shall have an educator evaluation committee in place[by October 2011].

B. Each [LEA]school district shall design the required evaluation program, including pilot programs as desired.

C. Each [LEA]school district shall continue to report educator effectiveness data to the USOE in the UCA.

D. Each school district shall [I]implement[ation shall be in place for] an evaluation system no later than the [2013-2014]2015-2016 school year.

E. A school district shall implement an employee compensation system no later than the 2016-2017 school year that is aligned with the school district's wage or salary schedule and is consistent with the provisions of Section 53A-8a-601(2).

[E]F. [Board directed]Each school district shall implement student growth measures [shall be implemented ]as part of the [LEA]school district evaluation system [by]before the [2014-2015]2015-2016 school year.

 

KEY: educators , evaluations , requirements

Date of Enactment or Last Substantive Amendment: [June 24, 2013]2014

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1)(a)(i); 53A-1-401(3)

 


Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2014/b20140901.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.