No. 41787 (Amendment): Rule R277-533. District Educator Evaluation Systems

(Amendment)

DAR File No.: 41787
Filed: 06/09/2017 12:35:05 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-533 is amended as a result of the passage of H.B. 231 from the 2017 General Session.

Summary of the rule or change:

The amendments to Rule R277-533 eliminate certain prescriptive requirements from the rule to give school districts more flexibility over their educator evaluation systems.

Statutory or constitutional authorization for this rule:

• Section 53A-1-401
• Art X, Sec 3
• Title 53A, Chapter 8a, Part 4

Anticipated cost or savings to:

the state budget:

Removing prescriptive requirements from the rule to provide more flexibility to school districts will likely not result in a cost or savings to the state budget.

local governments:

Removing prescriptive requirements from the rule to provide more flexibility to school districts will likely not result in a cost or savings to local government.

small businesses:

This rule and the amendments to this rule apply to public education and will likely not result in a cost or savings to small businesses.

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

Removing prescriptive requirements from the rule to provide more flexibility to school districts will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Removing prescriptive requirements from the rule to provide more flexibility to school districts will likely not result in any compliance costs for affected persons.

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

After conducting a thorough analysis, it was determined that the amendments to this rule will not result in a fiscal impact to businesses.

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 [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:

07/31/2017

This rule may become effective on:

08/07/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-533. District Educator Evaluation Systems.

R277-533-1. 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) Title 53A, Chapter 8a, Part 4, Educator Evaluations, which requires the Board to make rules to establish a framework for the evaluation of educators and set policies and procedures related to educator evaluations; and

(c) 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.

(2) The purpose of this rule is to:

(a) specify the requirements for district Educator Evaluation Systems Policies;

(b) describe the required components of district Educator Evaluation Systems; and

(c) establish requirements for how the Annual Summative Educator Evaluation Rating is reported.

 

R277-533-2. Definitions.

(1) "Administrator" has the same meaning as that term is defined in Section 53A-8a-102.

(2) "Certified rater" means an educator who has been trained in evaluating educator performance and has demonstrated competency in using an educator evaluation tool to rate educator effectiveness according to established standards.

(3) "Educator" has the same meaning as that term is defined in Section 53A-8a-402.

([1]4) "Evaluator" means a person who is responsible for an educator's overall evaluation, including:

(a) professional performance;

(b) student growth;

(c) stakeholder input; and

(d) other indicators of professional improvement.

([2]5) "Rater" means a person who conducts an observation of an educator related to an educator's evaluation.

([3]6) "School district" includes the Utah Schools for the Deaf and the Blind.

([4]7) "System" means a school district's educator evaluation system.

 

R277-533-3. School District Educator Evaluation Systems.

(1) A local school board shall adopt a district educator evaluation system in consultation with a joint committee established by the local school board as described in Section 53A-8a-403.

(2) A district educator evaluation system shall:

(a) include the components required in Section 53A-8a-405;

(b) include the following four differentiated levels of performance:

(i) highly effective;

(ii) effective;

(iii) emerging/minimally effective; and

(iv) not effective;

(c) use multiple lines of evidence in evaluation, including:

(i) professional performance, as described in Section R277-533-4;

(ii) student academic growth, as described in Section R277-533-5;

(iii) stakeholder input, as described in Section R277-533-5; and

(iv) other indicators of professional improvement as required by the school district;

[(d) require regular conferences between an educator and an evaluator;

(e) provide a process for an educator to contribute additional information to inform the educator's evaluation at several intervals throughout the process;

(f) measure an educator's professional performance when the educator is working in a professional capacity with students, parents, colleagues, or community members;

(g) provide a process for an educator to:

(i) analyze stakeholder input;

(ii) analyze data related to performance; and

(iii) develop appropriate responses to the information;

(h) provide a procedure to include an educator's response to stakeholder data in the rating calculation;

(i) include a process for an evaluator to give an educator specific, measurable, actionable, and written direction regarding an educator's needed improvement and recommended course of action;]

([j]d) provide a process for an educator to request a review of the implementation of the educator's evaluation, as described in:

(i) S[ubs]ection 53A-8a-406[(3)]; and

(ii) Section R277-533-8;

([k]e) include multiple observations as described in Section R277-533-4; and

([l]f) provide a description of the methods for gathering, using, and protecting educator data.

(3) To form the school district's system, a local school board may adopt:

(a) the Utah Model Educator Evaluator System established by the Board;

(b) an adapted system; or

(c) a school district-developed system, consistent with Rules R277-530, R277-531, and this rule.

(4) An educator is responsible for:

(a) improving the educator's performance, using resources offered by the school district; and

(b) demonstrating acceptable levels of improvement in any designated area of deficiency.

 

R277-533-4. Evaluators and Standards for Education Observations.

(1) A school district's system shall include observations.

(2) The school district shall use observation tools that:

(a) are aligned with the Utah Effective Educator Standards described in Rule R277-530 at the indicator level; and

(b) include multiple supervisor observations at appropriate intervals.

(3) A school district's evaluation system shall[:

(a) include an orientation for all educators conducted by the principal or designee as required in Section 53A-8a-404;

(b) include multiple observation items;

(c) a final rating for each observation item described in Subsection (3)(b); and

(d) ] include an opportunity for an educator to contribute additional information to inform their rating at several intervals throughout the process.

(4) To ensure a valid evaluation system, a school district shall establish a school district rater reliability process that:

(a) creates standardized ratings established by a committee of expert raters to be used for rater professional development and certification;

(b) provides professional development opportunities to all raters and evaluators of licensed educators to:

([a]i) improve a rater or evaluator's abilities; and

([b]ii) give the rater or evaluator an opportunity to demonstrate the rater's abilities to rate an educator in accordance with the Utah Effective Educator Standards described in Rule R277-530[.];

[(5) A school district shall establish a school district rater reliability plan.

(6) A school district rater reliability plan shall:

(a) require school district to compare a rater's decisions to standardized ratings established by a committee of expert raters;

(b) require a school district to measure a rater's skills and reassess the rater's skills at appropriate intervals to maintain system quality;]

(c) designates qualified raters as certified;

(d) assures that an educator is rated by a certified rater;

(e) requires a school district to offer a rater opportunities to improve the rater's skills through instruction and practice; and

(f) maintains high standards of rater accuracy.

 

R277-533-5. Student Academic Growth and Stakeholder Input.

(1) A school district shall ensure that a student academic growth measurement includes the following three required components:

(a) learning goals measuring long-term outcomes linked to the appropriate specific content knowledge and skills from the Utah Core Standards;

(b) assessments; and

(c) targets for incremental monitoring of student academic growth.

(2)(a) A school district's system shall include stakeholder input for educators, principals, and administrators, including annual input from students and parents.

(b) In addition to the stakeholder input described in Subsection ([4]2)(a), stakeholder input for principals and other administrators shall include input from teachers and support professionals.

[(3) A school district's system shall:

(a) allow an educator to have an opportunity to respond to stakeholder input; and

(b) consider an educator's response described in Subsection (5)(a) as part of the educator's final rating.]

 

R277-533-6. Computing the Annual Summative Rating.

(1) A school district shall base an educator's component ratings on:

(a) actual observations of the educator's performance; and

(b) educator, evaluator, student academic growth, or other stakeholder data gathered, calculated, or observed that is aligned with standards and rubrics.

(2) A school district shall report summative scores annually for all educators using the following approved terminology for reporting:

(d) highly effective 3;

(c) effective 2;

(b) minimal/emerging effective 1; and

(a) not effective 0.

 

R277-533-7. Minimal or Emerging Effective Category.

If an evaluator rates an educator's performance within the minimal or emerging effective category, the rater shall:

(1) designate an educator as emerging effective if:

(a) the educator:

(i) holds a Level 1 educator license; or

(ii) is being served by the school district's Entry Years Enhancement (E.Y.E.) program described in Rule R277-522; or

(b) the educator:

(i) received a new or different teaching or leadership assignment within the last school year; or

(ii) is developing in that area; or

(2) designate an educator as minimally effective if the educator:

(a) holds a Level 2 educator license; and

(b) is teaching or leading in a familiar assignment.

 

R277-533-8. Evaluation Reviews.

(1) An educator who is not satisfied with a summative evaluation may request a review in writing of the summative evaluation within 15 calendar days after receiving the written summative evaluation.

(2) A school district shall conduct a review of an educator's summative evaluation:

(a) as described in this section; and

(b) the requirements of Section 53A-8a-406.

(3) A review described in Subsection (2) shall be conducted:

(a) by a certified rater:

(i) with experience evaluating educators; and

(ii) not employed by the school district; and

(b) in accordance with the Utah Effective Educator Standards described in Rule R277-530.

(4) A certified rater described in Subsection (3) shall:

(a) review:

(i) the school district's educator evaluation policies and procedures;

(ii) the evaluation process conducted for the educator;

(iii) the evaluation data from the professional performance, student growth, and stakeholder input components; and

(iv) an educator's written response, if submitted as described in Subsection 53A-8a-406(1)(b); and

(b) report the certified rater's findings, in writing, to the school district's superintendent for action.

(5) The school district shall determine if the initial educator evaluation was issued in accordance with:

(a) the school district's educator evaluation policies;

(b) the requirements of the performance standards;

(c) Title 53A, Chapter 8a, Public Education Human Resource Management Act;

(d) Rule R277-531; and

(e) this rule.

 

R277-533-9. Educator Evaluation Data.

A school district shall report information described in Section 53A-8a-410 to the [Board]Superintendent annually on or before June 30 [the information necessary for the Board to make the report]to be included in the Superintendent's annual report as required by Section 53A-8a-410.

 

KEY: educators, evaluations

Date of Enactment or Last Substantive Amendment: [January 10, ]2017

Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53A-1-401

---