DAR File No. 38777

Education, Administration

Section R277-532-3

School District Policies

Notice of Proposed Rule

(Amendment)

DAR File No.: 38777
Filed: 08/15/2014 06:17:35 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R277-532-3 School District Policies 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 Section R277-532-3 provide for school districts to fully implement evaluation policies for non-licensed employees consistent with the law no later than the 2016-17 school year.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

Amendments provide for school districts to fully implement evaluation policies for non-licensed employees consistent with the law no later than the 2016-17 school year which likely will not result in a cost or savings to state government.

local governments:

Amendments provide for school districts to fully implement evaluation policies for non-licensed employees consistent with the law no later than the 2016-17 school year which likely will not result in a cost or savings to local government.

small businesses:

Amendments provide for school districts to fully implement evaluation policies for non-licensed employees consistent with the law no later than the 2016-17 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 provide for school districts to fully implement evaluation policies for non-licensed employees consistent with the law no later than the 2016-17 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:

Amendments provide for school districts to fully implement evaluation policies for non-licensed employees consistent with the law, no later than the 2016-17 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

R277. Education, Administration.

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

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, as provided in Section 53A-8a-301(2)(a).

G. School districts shall fully implement evaluation policies for non-licensed public education employees [consistent with Section 53A-8a-601]that include components of Section 53A-8a-601(2) no later than the 2016-2017 school year.

 

KEY: policies, evaluations, non-licensed[;] public education employees

Date of Enactment or Last Substantive Amendment: [April 8, 2013]2014

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