DAR File No. 40674
This rule was published in the September 1, 2016, issue (Vol. 2016, No. 17) of the Utah State Bulletin.
Public Educator Evaluation Requirements (PEER)
Notice of Proposed Rule
DAR File No.: 40674
Filed: 08/15/2016 07:46:38 PM
Purpose of the rule or reason for the change:
Rule R277-531 is amended as a result of H.B. 201, Student Testing Amendments, from the 2016 General Session, which prohibits a school district from using student scores on the SAGE end-of-level assessment for evaluation of the school district's educators and administrators.
Summary of the rule or change:
The amendments provide updated definitions including definitions for educator standards that incorporates teachers, educational leadership, and school counselors, and provides technical and conforming changes.
Statutory or constitutional authorization for this rule:
- Art X, Sec 3
- Subsections 53A-1-402(1)(a)(i) and (ii)
- Section 53A-8a-301
- Section 53A-1-401
Anticipated cost or savings to:
the state budget:
The amendments to Rule R277-531 provide updated definitions and technical and conforming changes, which likely will not result in a cost or savings to the state budget.
The amendments to Rule R277-531 provide updated definitions and technical and conforming changes, which likely will not result in a cost or savings to local government.
The amendments to Rule R277-531 provide updated definitions and technical and conforming changes, which likely will not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
The amendments to Rule R277-531 provide updated definitions and technical and conforming changes, 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 to Rule R277-531 provide updated definitions and technical and conforming changes, 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:
To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule.
Sydnee Dickson, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Education
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Angela Stallings, Associate Superintendent, Policy and Communication
R277. Education, Administration.
R277-531. Public Educator Evaluation Requirements (PEER).
. 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[
ections 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[
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 school district
determined components and procedures to ensure the availability of
data about educator effectiveness.
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 school district decisions about
retention, preparation, recruitment,
improved professional [
ensure school districts engage in a consistent process statewide of educator evaluation.
A. "Board" means the Utah State Board of
B.] "Educator" means an individual licensed under
Section 53A-6-10[ 4] and who meets the requirements of
C.] "Educator Evaluation Program" means a school
district's process, policies
and procedures for evaluating
s[ '] performance according to the[ ir]
various assignments[ ; those policies and procedures shall align with
D.] "Formative evaluation" means
evaluation[ s] that provide educator[ s] with information and assessments on how to
improve the[ ir] performance.
E.] "Instructional quality data" means data
acquired through observation of
educator's instructional practices.
F.] "Joint educator evaluation committee" means
the local committee described under Section 53A-8a-403 that
develops and assesses a school district evaluation program.
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.
H.] "Student growth score" means a measurement of
a student's achievement towards educational goals in the course
of a school year.
I.] "Summative evaluation" means
evaluation[ s] that [ are] used to make annual decisions or ratings of
educator performance and may inform decisions on salary,
confirmed employment, personnel assignments, transfers, or
J. "USOE" means the Utah State Office of
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
L.] "Utah Effective [ Teaching] Standards" means
t]eaching [ s]tandards [ identified and provided] in
M. "Utah ] Educational Leadership Standards[ " means the standards for educational leadership
identified and adopted] in
N.] "Valid and reliable measurement tool[ (s)]" means an instrument that has proved
consistent over time and uses non-subjective criteria that require
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 required in a school
district's educator evaluation system
no later than the 2015-2016 school year.
B.] A school district shall[ align its evaluation policies with Board
standards: (1) A school district educator evaluation system
be based on]
[ rigorous performance expectations aligned with] R277-530[ .]
2]) [ A school district evaluation system shall
]establish and articulate performance expectations individually for
all licensed school district educators[ .]
3]) [ A school district evaluation system shall ]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 school
4]) [ A school district evaluation system shall ]provide
[ a summative yearly] rating of educator performance using uniform
statewide terminology and definitions[ . A school district evaluation system shall] include summative and formative components[ .]
5]) [ A school district evaluation system shall ]direct
the revision or alignment of all related school district policies,
as necessary, to be consistent with the school district Educator
Evaluation System[ .]
6]) [ A school district evaluation system shall ]use
valid, reliable and research-based [ measurement tool(s) for all educator evaluations.
a]) employ a variety of measurement tools;
b]) [ adopt differentiated methodologies for ]measur[ ing] student growth for educators[ in subject areas for which standardized tests are available
and in subject areas for which standardized tests are not
c]) provide evaluation for non-instructional licensed
educators and administrators; and
d]) provide both formative and summative evaluation data.
C.] A school district may consider data gathered from tools
to inform decisions about employment and professional [ development].
D.] A school district shall discuss, collaborate
and protect the confidentiality of educator data in the
evaluation process[ :]
[ 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]) [ a] school district evaluation system shall provide for timely
discussion with evaluated educators to include professional growth
plans as required in
R277-50[ 1] and evaluation conferences; and
3]) [ a] school district evaluation system shall protect personal
data gathered in the evaluation process.
E.] [ S]chool district [ plans] shall provide support for instructional
1]) [ A school district evaluation system shall ]assess
professional [ development] needs of educators[ .]
2]) [ A school district evaluation system shall
]identify educators who do not meet expectations for instructional
quality and provid[ e] support as appropriate at the school district level which may include providing educators with mentors,
specialists in effective instruction and setting timelines and benchmarks to assist educators
toward greater improved instructional effectiveness and student
F.] A school district evaluation system shall maintain
records and documentation of required educator evaluation
1]) A school district evaluation system shall require the
evaluation of all licensed educators at least once a year
2]) A 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
3]) A school district evaluation system shall provide for
the evaluation of all provisional educators, as defined by the
school district under Section 53A-8a-405, at least twice
4]) A school district evaluation system shall include the
following specific educator performance criteria:
(a) school district-determined instructional quality measures;
(b) complete integration of student growth
before July 1, 2016]; and
(c) other measures as determined by the school district, including data required from student/parent input.
5]) The Board shall determine weightings for specific
educator performance criteria to be used in the school
district's evaluation system.
6]) A 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 school district evaluation system shall identify
potential employment consequences, including discipline and
termination, if an educator fails to meet performance
8]) A 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
G.] A school district may include additional components in
its evaluation system.
H.] A local board of education shall review and approve 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 school districts as [ they] develop and implement evaluation systems
consistent with the law
and this rule.
The Committee shall:
1]) analyze school district evaluation data for purposes
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 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 school districts as they develop and initiate
their local educator evaluation systems.
D.] The [ USOE] shall provide professional [ development] and technical support to school districts to assist
in evaluation procedures and to improve educators' ability to
make valid and reliable evaluation judgments.
A.] Each school district shall
have an educator evaluation committee[
B.] [ Each school district shall ]design the required
evaluation program, including pilot programs as desired[ .]
C.] [ Each school district shall continue to ]report
educator effectiveness data to the [ USOE in the UCA].
D. Each school district shall implement an evaluation
system no later than the 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).
F. Each school district shall implement student growth
measures as part of the school district evaluation system before
the 2015-2016 school year.]
KEY: educators, evaluations, requirements
Date of Enactment or Last Substantive Amendment: [
October 9, 2014]
Authorizing, and Implemented or Interpreted Law: Art X Sec 3;
More information about a Notice of Proposed Rule is available online.
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For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.