No. 40674 (Amendment): Rule R277-531. Public Educator Evaluation Requirements (PEER)

(Amendment)

DAR File No.: 40674
Filed: 08/15/2016 07:46:38 PM

RULE ANALYSIS

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.

local governments:

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.

small businesses:

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
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:

10/03/2016

This rule may become effective on:

10/10/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

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

R277-531-[2]1 . Authority and Purpose.

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

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

(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) S ubsections 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[, and Section 53A-1-401(3) which allows the Board to make rules in accordance with its responsibilities].

[B.](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[. Additionally, the process shall];

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

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

 

R277-531-[1]2 . Definitions.

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

[B.](1) "Educator" means an individual licensed under Section 53A-6-10[4]3 and who meets the requirements of Rule R277-50[1]2.

[C.](2) "Educator Evaluation Program" means a school district's process, policies , and procedures for evaluating an educator 's['] performance according to the[ir] educator's various assignments[; those policies and procedures shall align with R277-531].

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

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

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

[G.](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.

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

[I.](8) "Summative evaluation" means an evaluation[s] that [are]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.

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

[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 Education.]

[L.](9) "Utah Effective [Teaching]Educator Standards" means :

(a) the Effective [t]Teaching [s]Standards [identified and provided]established in Section R277-530 -5[.];

(b) [

M. "Utah ]the Educational Leadership Standards[" means the standards for educational leadership identified and adopted]established in Section R277-530 -6[.]; and

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

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

 

R277-531-3. Public Educator Evaluation Framework.

[A.](1)(a) The Board[shall] provide s [a]the public education evaluation framework [that]described in this section, which includes[five] 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.

[B.](2) A school district shall[align its evaluation policies with Board standards:

(1) A school district educator evaluation system shall]:

(a) [be based on]base the school district's educator evaluation system on [rigorous performance expectations aligned with]the Utah Effective Educator Standards in Rule R277-530[.];

([2]b) [A school district evaluation system shall ]establish and articulate performance expectations individually for all licensed school district educators[.];

([3]c) [A school district evaluation system shall ]use valid and reliable measurement tools including, at a minimum:

([a]i) observations of instructional quality;

([b]ii) evidence of student growth;

([c]iii) parent and student input; and

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

([4]d) [A school district evaluation system shall ]provide [a summative yearly]an annual rating of educator performance using uniform statewide terminology and definitions[. A school district evaluation system shall], and include summative and formative components[.];

([5]e) [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[.]; and

([6]f) [A school district evaluation system shall ]use valid, reliable, and research-based [measurement tool(s) for all educator evaluations. Such] measurements that shall:

([a]i) employ a variety of measurement tools;

([b]ii) [adopt differentiated methodologies for ]measur[ing]e 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]iii) provide evaluation for non-instructional licensed educators and administrators; and

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

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

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

([1]5) (a) [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;

([2]b) [a]A school district evaluation system shall provide for timely discussion with evaluated educators to include professional growth plans as required in Rule R277-50[1]0 and evaluation conferences; and

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

[E.](6) A [S]school district [plans]evaluation system shall provide support for instructional improvement, including[.]:

([1]a) [A school district evaluation system shall ]assess ing the professional [development]learning needs of educators[.]; and

([2]b) [A school district evaluation system shall ]identifying educators who do not meet expectations for instructional quality and provid[e]ing 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.

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

([1]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.

([2]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.

([3]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.

([4]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[ before July 1, 2016]; and

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

([5]12) The Board shall determine weightings for specific educator performance criteria to be used in the school district's evaluation system.

([6]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.

([7]14) A school district evaluation system shall identify potential employment consequences, including discipline and termination, if an educator fails to meet performance expectations.

([8]15) 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).

[G.](16) A school district may include additional components in its evaluation system.

[H.](17) 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.](1) The Board[shall] establish es a state evaluation advisory committee to provide ongoing review and support for school districts as [they]school districts develop and implement evaluation systems consistent with the law (2) and this rule.

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

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

([a]i) reporting;

([b]ii) assessing instructional improvement; and

([c]ii) assessing student achievement[.];

([2]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

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

[B.](2) The [USOE]Superintendent, under supervision of the Board, shall develop a model educator evaluation system that includes performance expectations consistent with this rule.

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

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

 

R277-531-5. Implementation.

[A.](1) Each school district shall :

(a) have an educator evaluation committee[in place.];

[B.](b) [Each school district shall ]design the required evaluation program, including pilot programs as desired[.]; and

[C.](c) [Each school district shall continue to ]report educator effectiveness data to the [USOE in the UCA]Superintendent annually on or before June 30.

[D. Each school district shall implement an evaluation system no later than the 2015-2016 school year.]

[E.](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).

[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]2016

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

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