DAR File No. 41009

Education, Administration

Rule R277-531

Public Educator Evaluation Requirements (PEER)

Notice of Proposed Rule

(Amendment)

DAR File No.: 41009
Filed: 11/15/2016 01:49:22 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-531 is amended to eliminate provisions not required by Utah law and to include additional requirements.

Summary of the rule or change:

The amendments to Rule R277-531 eliminate provisions not required by Utah law and include a requirement that a school district implement an employee compensation system that is aligned with the school district's wage or salary schedule and is consistent with the provisions of Section 53A-8a-601.

Statutory or constitutional authorization for this rule:

• Art X, Sec 3
• Subsection 53A-1-402(1)(a)
• Section 53A-8a-301
• Section 53A-1-401

Anticipated cost or savings to:

the state budget:

The amendments to Rule R277-531 provide requirements for school districts, which likely will not result in a cost or savings to the state budget.

local governments:

The amendments to Rule R277-531 provide requirements for school districts to implement an employee compensation system that is aligned with the school district's wage or salary schedule. It is anticipated that the compensation system will be implemented by existing staff and within existing budgets, so there will likely be no cost or savings to local government.

small businesses:

The amendments to Rule R277-531 provide requirements for school districts, 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 requirements for school districts to implement an employee compensation system that is aligned with the school district's wage or salary schedule. Employees may have a clearer expectation of compensation based on the system, but will likely see no cost or savings.

Compliance costs for affected persons:

The amendments to Rule R277-531 provide requirements for school districts, 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
Administration
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 angie.stallings@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:

01/03/2017

This rule may become effective on:

01/10/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

R277. Education, Administration.

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

R277-531-1. Authority and Purpose.

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;

(b) Section 53A-1-401, which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law;

(c) Subsections 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; and

(d) Section 53A-8a-301, which directs that the Board adopt rules to guide school district employee evaluations.

(2) 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.

(3) The process shall:

(a) focus on the improvement of high quality instruction and improved student achievement;

(b) include common data that can be aggregated and disaggregated to inform Board and school district decisions about retention, preparation, recruitment, and improved professional learning practices; and

(c) ensure school districts engage in a consistent process statewide of educator evaluation.

 

R277-531-2. Definitions.

(1) "Educator" means an individual licensed under Section 53A-6-103 and who meets the requirements of Rule R277-502.

(2) "Educator Evaluation Program" means a school district's process, policies, and procedures for evaluating an educator's performance according to the educator's various assignments.

(3) "Formative evaluation" means an evaluation that provides an educator with information and assessments on how to improve the educator's performance.

(4) "Instructional quality data" means data acquired through observation of an educator's instructional practices.

(5) "Joint educator evaluation committee" means the local committee described under Section 53A-8a-403 that develops and assesses a school district evaluation program.

(6) "School administrator" means an educator:

(a) serving in a position that requires a Utah Educator License with an Administrative area of concentration; and

(b) who supervises Level 2 educators.

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

([8]7) "Summative evaluation" means an evaluation that is used to make annual decisions or ratings of an educator's performance and may inform decisions on salary, confirmed employment, personnel assignments, transfers, or dismissals.

(9) "Utah Effective Educator Standards" means:

(a) the Effective Teaching Standards established in Section R277-530-5;

(b) the Educational Leadership Standards established in Section R277-530-6; and

(c) the Educational School Counselor Standards established in Section R277-530-7.

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

 

R277-531-3. Public Educator Evaluation Framework.

(1)[(a)] The Board provides the public education evaluation framework described in this section, which includes general evaluation system areas and additional discretionary components required in a school district's educator evaluation system.

[(b) A school district's educator evaluation system shall conform to the framework no later than the 2015-2016 school year.]

(2) A school district shall:

(a) have a joint educator evaluation committee;

([a]b) base the school district's educator evaluation system on the Utah Effective Educator Standards in Rule R277-530;

([b]c) establish and articulate performance expectations individually for all licensed school district educators;

([c]d) use valid and reliable measurement tools including, at a minimum:

(i) observations of instructional quality;

(ii) evidence of student growth;

(iii) parent and student input; and

(iv) other indicators as determined by the school district[.];

([d]e) provide an annual rating of educator performance using uniform statewide terminology and definitions, and include summative and formative components;

([e]f) direct the revision or alignment of all related school district policies, as necessary, to be consistent with the school district Educator Evaluation System; [and]

([f]g) use valid, reliable, and research-based measurements that shall:

(i) employ a variety of measurement tools;

(ii) measure student growth for educators;

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

([g]h) provide both formative and summative evaluation data.

(3) A school district may consider data gathered from tools to inform decisions about employment and professional learning.

(4) A school district shall discuss[, collaborate,] and protect the confidentiality of educator data in the evaluation process.

(5)(a) A school district evaluation system shall provide for clear and timely notice to educators of the components, timelines, and consequences of the evaluation process; and

(b) A school district evaluation system shall provide for timely discussion with evaluated educators to include professional growth plans as required in Rule R277-500 and evaluation conferences[; and].

[(c) A school district evaluation system shall protect personal data gathered in the evaluation process.]

(6) A school district evaluation system shall provide support for instructional improvement, including:

(a) assessing the professional learning needs of educators; and

(b) identifying educators who do not meet expectations for instructional quality and providing support as appropriate at the school district level, which may include providing educators with mentors, coaches, and specialists in effective instruction, and setting timelines and benchmarks to assist educators toward greater improved instructional effectiveness and student achievement.

(7) A school district evaluation system shall maintain records and documentation of required educator evaluation information.

(8) A school district evaluation system shall require the evaluation of all licensed educators at least once a year in accordance with Section R277-533.

(9) 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 definitions.

(10) 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 yearly.

(11) 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 score; and

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

[(12) The Board shall determine weightings for specific educator performance criteria to be used in the school district's evaluation system.

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

(1[4]2) A school district evaluation system shall identify potential employment consequences, including discipline and termination, if an educator fails to meet performance expectations.

(1[5]3) 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 53A-8a-406(2).

(1[6]4) A school district may include additional components in its evaluation system.

(1[7]5) 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].

(16) A school district shall report educator effectiveness data to the Superintendent annually, on or before June 30.

 

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

[(1) The Board establishes a state evaluation advisory committee to provide ongoing review and support for school districts as school districts develop and implement evaluation systems consistent with the law (2) and this rule.

(2) The Committee, described in Subsection (1), shall:

(a) analyze school district evaluation data for purposes of:

(i) reporting;

(ii) assessing instructional improvement; and

(ii) assessing student achievement;

(b) 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

(c) review school district educator evaluation plans for alignment with Board requirements.]

[(2) ]The Superintendent, under supervision of the Board, shall :

(1) develop a model educator evaluation system that includes performance expectations consistent with this rule[.];

([3]2) [The Superintendent shall ]evaluate and recommend tools and measures for use by school districts as they develop and initiate their local educator evaluation systems[.]; and

[(4) The Superintendent shall provide professional learning and technical support to school districts to assist in evaluation procedures and to improve educators' ability to make valid and reliable evaluation judgments.]

(3) monitor a school district's evaluation system.

 

R277-531-5. [Implementation]Compensation.

[(1) Each school district shall:

(a) have an educator evaluation committee;

(b) design the required evaluation program, including pilot programs as desired; and

(c) report educator effectiveness data to the Superintendent annually on or before June 30.

(2) 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).]

(1) A school district shall implement an employee compensation system, no later than the 2018-19 school year, that is aligned to the school district's educator evaluation system.

(2) An educator's annual advancement on an adopted salary schedule shall be based primarily upon an evaluation system that differentiates among four levels of performance as described in Section 53A-8a-405 and R277-533, unless the educator:

(a) is a provisional educator; or

(b) is in the first year of an assignment, including a new subject, grade level, or school.

 

KEY: educators, evaluations, requirements

Date of Enactment or Last Substantive Amendment: [October 11 2016]2017

Notice of Continuation: August 15, 2016

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