DAR File No. 42700

Education, Administration

Rule R277-532

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

Notice of Proposed Rule

(Amendment)

DAR File No.: 42700
Filed: 03/15/2018 05:10:16 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies.

Summary of the rule or change:

This rule was due for its five-year review and continuation. The Utah State Board of Education (USBE) has reviewed this rule and determined that it continues to be necessary. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies.

Statutory or constitutional authorization for this rule:

• Art X Sec 3
• Section 53G-11-504
• Subsection 53E-3-401(4)

Anticipated cost or savings to:

the state budget:

These rule changes are not estimated to have a fiscal impact on the state budget because it deals with local board policies for evaluation of non-licensed public education employees and does not require any expenditures.

local governments:

These rule changes are not estimated to have a fiscal impact on local governments, because it deals with local board policies for evaluation of non-licensed public education employees and does not require any expenditures.

small businesses:

These rule changes are not estimated to have a fiscal impact on small businesses, because it deals with local board policies for evaluation of non-licensed public education employees and does not require any expenditures.

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

These rule changes are not estimated to have a fiscal impact on persons other than small businesses, businesses, or local government entities, because it deals with local board policies for evaluation of non-licensed public education employees and does not require any expenditures.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

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

These rule changes are not estimated to have a fiscal impact. There are 1,226 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with local board policies for evaluation of non-licensed public education employees and does not require any expenditures or generate any revenues for large businesses. This rule was due for its five-year review and continuation. The Utah State Board of Education (USBE) has reviewed this rule and determined that it continues to be necessary. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes are not expected to have a fiscal impact on LEAs either as it mainly provides technical and stylistic changes; the policy remains the same with school districts adopting policies in line with the standards set by the USBE for non-licensed public education employees as they do currently.

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 [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:

05/01/2018

This rule may become effective on:

05/08/2018

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2018	FY 2019	FY 2020
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with local board policies for evaluation of non-licensed public education employees and does not require any expenditures of or generate any revenues for large businesses.

 

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

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

R277-532-[2]1 . Authority and Purpose.

[A.](1) This [R]rule is authorized by:

(a) 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]

(b) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

(c) Section [53A-8a-301]53G-11-504, which directs the Board to develop rules requiring that school districts evaluate non-licensed public education employees.

[B.](2) 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-[1]2. Definitions.

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

B. ]"Non-licensed public education employee" or "classified 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--532-3. School District Policies.

[A.](1) A [S]school district[s] shall adopt policies for non-licensed public education employee s, including:

(a) policies for evaluation and dismissal consistent with minimum standards of :

(i) Sections [53A-8a-301]53G-11-504 [and]through [302]53G-11-505; and

(ii) Sections [53A-8a-501]53G-11-512 through [506] 53G-11-517; and

(b) policies for due process and the termination of non-licensed public education employees consistent with Sections [53a-8a-501] 53G-11-512 through [504][.] 53G-11-515;

[B. School district non-licensed public education employee evaluation policies shall]

(c) evaluation procedures [include]with the following components:

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

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

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

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

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

[C.](2) School district evaluation policies for non-licensed public education employees may include additional components beyond those specified in Subsection (1).

[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.](3) A [S]school district's policies may exclude temporary or part-time non-licensed public education employees from performance evaluations, as provided in Subsection [53A-8a-301(2)(a)]53G-11-504(2).

[G. School districts shall fully implement evaluation policies for non-licensed public education employees 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: [October 9, 2014]2018

Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; [53A-1-401(3)]53E-3-401; [53A-8a-301]53G-11-504