No. 35244 (New Rule): Rule R277-531. Public Educator Evaluation Requirements (PEER)

(New Rule)

DAR File No.: 35244
Filed: 09/15/2011 06:25:19 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new rule outlines provisions for statewide Public Educator Evaluation Requirements (PEER).

Summary of the rule or change:

This new rule provides required Utah State Board of Education directed expectations and additional local education agency (LEA) determined components focused on improving instruction and student achievement.

State statutory or constitutional authorization for this rule:

• Subsections 53A-1-402(1)(a)(i) and (ii)

Anticipated cost or savings to:

the state budget:

There may be additional costs to the Utah State Office of Education (USOE) for implementation of PEER, if the rule is implemented as planned. Additional costs will be handled by existing USOE staff and within existing USOE budget.

local governments:

There may be additional costs to local education agencies (LEAs) for implementation of PEER. Current plans are to handle costs within existing LEA staff and existing LEA budgets.

small businesses:

There are no anticipated costs or savings to small businesses. This rule applies to public education and does not affect businesses.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The rule requires the state and LEAs to implement the PEER program.

Compliance costs for affected persons:

There are no compliance costs for affected persons. LEAs will implement the PEER program consistent with this rule.

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

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, 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 [e-mail]

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:

10/31/2011

This rule may become effective on:

11/07/2011

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.

C. "Formative evaluation" means evaluations that provide educators with feedback on how to improve their performance.

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

E. "Joint educator evaluation committee" means the local committee described under Section 53A-10-103 that develops and assesses an LEA 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.

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

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

J. "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. "USOE" means the Utah State Office of Education.

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

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

O. "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, 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 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 decisions about retention, preparation, recruitment, improved professional development practices and ensure LEAs 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 an LEA's educator evaluation system.

B. Alignment with Board expectations and standards and required consistency of LEA policies with evaluation process:

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

(2) An LEA evaluation system shall establish and articulate performance expectations individually for all licensed LEA educators.

(3) An LEA evaluation system shall include 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.

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

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

C. Valid and reliable tools:

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

(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;

(2) shall provide for both formative and summative evaluation data;

(3) data gathered from tools may be considered by an LEA to inform decisions about employment and professional development.

D. Discussion, collaboration and protection of confidentiality with educators regarding evaluation process:

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

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

(3) An LEA evaluation system shall protect personal data gathered in the evaluation process.

E. Support for instructional improvement:

(1) An LEA evaluation system shall assess professional development needs of educators.

(2) An LEA evaluation system shall identify educators who do not meet expectations for instructional quality and provide support as appropriate at the LEA 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. Records and documentation of required educator evaluation information:

(1) An LEA evaluation system shall include the evaluation of all licensed educators at least once a year.

(2) An LEA 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) An LEA evaluation system shall provide for the evaluation of all provisional educators, as defined by the LEA under Section 53A-6-106, at least twice yearly.

(4) An LEA evaluation system shall include the following specific educator performance criteria:

(a) instructional quality measures to be determined by the LEA;

(b) student growth score to be completely phased in by July 1, 2015; and

(c) other measures as determined by the LEA including data gathered from student/parent input.

(5) the Board shall determine weightings for specific educator performance criteria to be used in the LEA's evaluation system.

(6) An LEA evaluation system shall include a plan for recognizing educators who demonstrate exemplary professional effectiveness, at least in part, by student achievement.

(7) An LEA evaluation system shall identify potential employment consequences, including discipline and termination, if an educator fails to meet performance expectations.

(8) An LEA evaluation system shall include a review or appeals process for an educator to challenge the conclusions of a summative evaluation that provides for adequate and timely due process for the educator consistent with Section 53A-10-106.5.

G. An LEA may include additional components in an evaluation system.

H. A local board of education shall review and approve an LEA's proposed evaluation system 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 as they develop and implement evaluation systems consistent with the law and this Rule. The Committee shall:

(1) analyze LEA 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;

(3) review LEA 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 as they develop and initiate their local educator evaluation systems.

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

 

R277-531-5. Implementation.

A. Each LEA shall have an educator evaluation committee in place by October 2011.

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

C. Each LEA shall continue to report educator effectiveness data to the USOE in the UCA.

D. Implementation shall be in place for the 2013-2014 school year.

E. Board directed student growth measures shall be implemented as part of the LEA evaluation system by the 2014-2015 school year.

 

KEY: educator, evaluation, requirements

Date of Enactment or Last Substantive Amendment: 2011

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

 

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