Utah 2023 Regular Session

Utah House Bill HB0478 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	H.B. 478
2	2	LEGISLATIVE GENERAL COUNSEL
3	3	6 Approved for Filing: M. Curtis 6
4	4	6 02-14-23 4:44 PM 6
5	5	H.B. 478
6	6	1 EDUCATOR EVALUATI ON PILOT PROGRAM
7	7	2 2023 GENERAL SESSION
8	8	3 STATE OF UTAH
9	9	4 Chief Sponsor: Karen M. Peterson
10	10	5 Senate Sponsor: ____________
11	11	6
12	12	7LONG TITLE
13	13	8General Description:
14	14	9 This bill allows the State Board of Education to create a pilot program as an alternative
15	15	10to annual educator evaluations.
16	16	11Highlighted Provisions:
17	17	12 This bill:
18	18	13 <allows the State Board of Education (state board) to create a pilot program as an
19	19	14alternative to annual educator evaluations;
20	20	15 <repeals a requirement for the state board to report on educator ratings;
21	21	16 <amends a provision regarding a teacher receiving the educator salary adjustment
22	22	17based on the educator's evaluation; and
23	23	18 <makes technical and conforming changes.
24	24	19Money Appropriated in this Bill:
25	25	20 None
26	26	21Other Special Clauses:
27	27	22 None
28	28	23Utah Code Sections Affected:
29	29	24AMENDS:
30	30	25 53E-1-203, as last amended by Laws of Utah 2022, Chapters 36, 218
31	31	26 53F-2-405, as last amended by Laws of Utah 2022, Chapter 415
32	32	27 53G-11-501.5, as last amended by Laws of Utah 2019, Chapter 293
33	33	HB0478 H.B. 478 02-14-23 4:44 PM
34	34	- 2 -
35	35	28 53G-11-504, as last amended by Laws of Utah 2020, Chapter 408
36	36	29 53G-11-505, as last amended by Laws of Utah 2021, Chapter 251
37	37	30 53G-11-506, as last amended by Laws of Utah 2019, Chapter 293
38	38	31 53G-11-507, as last amended by Laws of Utah 2019, Chapter 293
39	39	32 53G-11-510, as last amended by Laws of Utah 2020, Chapter 408
40	40	33REPEALS:
41	41	34 53G-11-511, as last amended by Laws of Utah 2020, Chapter 408
42	42	35
43	43	36Be it enacted by the Legislature of the state of Utah:
44	44	37 Section 1. Section 53E-1-203 is amended to read:
45	45	38 53E-1-203. State Superintendent's Annual Report.
46	46	39 (1) The state board shall prepare and submit to the governor, the Education Interim
47	47	40Committee, and the Public Education Appropriations Subcommittee, by January 15 of each
48	48	41year, an annual written report known as the State Superintendent's Annual Report that includes:
49	49	42 (a) the operations, activities, programs, and services of the state board;
50	50	43 (b) subject to Subsection (4)(b), all reports listed in Subsection (4)(a); and
51	51	44 (c) data on the general condition of the schools with recommendations considered
52	52	45desirable for specific programs, including:
53	53	46 (i) a complete statement of fund balances;
54	54	47 (ii) a complete statement of revenues by fund and source;
55	55	48 (iii) a complete statement of adjusted expenditures by fund, the status of bonded
56	56	49indebtedness, the cost of new school plants, and school levies;
57	57	50 (iv) a complete statement of state funds allocated to each school district and charter
58	58	51school by source, including supplemental appropriations, and a complete statement of
59	59	52expenditures by each school district and charter school, including supplemental appropriations,
60	60	53by function and object as outlined in the United States Department of Education publication
61	61	54"Financial Accounting for Local and State School Systems";
62	62	55 (v) a statement that includes data on:
63	63	56 (A) fall enrollments;
64	64	57 (B) average membership;
65	65	58 (C) high school graduates; 02-14-23 4:44 PM H.B. 478
66	66	- 3 -
67	67	59 (D) licensed and classified employees[, including data reported by school districts on
68	68	60educator ratings described in Section 53G-11-511];
69	69	61 (E) pupil-teacher ratios;
70	70	62 (F) average class sizes;
71	71	63 (G) average salaries;
72	72	64 (H) applicable private school data; and
73	73	65 (I) data from statewide assessments described in Section 53E-4-301 for each school
74	74	66and school district;
75	75	67 (vi) statistical information regarding incidents of delinquent activity in the schools or at
76	76	68school-related activities; and
77	77	69 (vii) other statistical and financial information about the school system that the state
78	78	70superintendent considers pertinent.
79	79	71 (2) (a) For the purposes of Subsection (1)(c)(v):
80	80	72 (i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
81	81	73students enrolled in a school by the number of full-time equivalent teachers assigned to the
82	82	74school, including regular classroom teachers, school-based specialists, and special education
83	83	75teachers;
84	84	76 (ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
85	85	77the schools within a school district;
86	86	78 (iii) the pupil-teacher ratio for charter schools aggregated shall be the median
87	87	79pupil-teacher ratio of charter schools in the state; and
88	88	80 (iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
89	89	81pupil-teacher ratio of public schools in the state.
90	90	82 (b) The report shall:
91	91	83 (i) include the pupil-teacher ratio for:
92	92	84 (A) each school district;
93	93	85 (B) the charter schools aggregated; and
94	94	86 (C) the state's public schools aggregated; and
95	95	87 (ii) identify a website where pupil-teacher ratios for each school in the state may be
96	96	88accessed.
97	97	89 (3) For each operation, activity, program, or service provided by the state board, the H.B. 478 02-14-23 4:44 PM
98	98	- 4 -
99	99	90annual report shall include:
100	100	91 (a) a description of the operation, activity, program, or service;
101	101	92 (b) data and metrics:
102	102	93 (i) selected and used by the state board to measure progress, performance,
103	103	94effectiveness, and scope of the operation, activity, program, or service, including summary
104	104	95data; and
105	105	96 (ii) that are consistent and comparable for each state operation, activity, program, or
106	106	97service;
107	107	98 (c) budget data, including the amount and source of funding, expenses, and allocation
108	108	99of full-time employees for the operation, activity, program, or service;
109	109	100 (d) historical data from previous years for comparison with data reported under
110	110	101Subsections (3)(b) and (c);
111	111	102 (e) goals, challenges, and achievements related to the operation, activity, program, or
112	112	103service;
113	113	104 (f) relevant federal and state statutory references and requirements;
114	114	105 (g) contact information of officials knowledgeable and responsible for each operation,
115	115	106activity, program, or service; and
116	116	107 (h) other information determined by the state board that:
117	117	108 (i) may be needed, useful, or of historical significance; or
118	118	109 (ii) promotes accountability and transparency for each operation, activity, program, or
119	119	110service with the public and elected officials.
120	120	111 (4) (a) Except as provided in Subsection (4)(b), the annual report shall also include:
121	121	112 (i) the report described in Section 53E-3-507 by the state board on career and technical
122	122	113education needs and program access;
123	123	114 (ii) the report described in Section 53E-3-515 by the state board on the Hospitality and
124	124	115Tourism Management Career and Technical Education Pilot Program;
125	125	116 (iii) beginning on July 1, 2023, the report described in Section 53E-3-516 by the state
126	126	117board on certain incidents that occur on school grounds;
127	127	118 (iv) the report described in Section 53E-4-202 by the state board on the development
128	128	119and implementation of the core standards for Utah public schools;
129	129	120 (v) the report described in Section 53E-5-310 by the state board on school turnaround 02-14-23 4:44 PM H.B. 478
130	130	- 5 -
131	131	121and leadership development;
132	132	122 (vi) the report described in Section 53E-10-308 by the state board and Utah Board of
133	133	123Higher Education on student participation in the concurrent enrollment program;
134	134	124 (vii) the report described in Section 53F-5-207 by the state board on the
135	135	125Intergenerational Poverty Interventions Grant Program;
136	136	126 (viii) the report described in Section 53F-5-506 by the state board on information
137	137	127related to personalized, competency-based learning; and
138	138	128 (ix) the report described in Section 53G-9-802 by the state board on dropout prevention
139	139	129and recovery services.
140	140	130 (b) The Education Interim Committee or the Public Education Appropriations
141	141	131Subcommittee may request a report described in Subsection (4)(a) to be reported separately
142	142	132from the State Superintendent's Annual Report.
143	143	133 (5) The annual report shall be designed to provide clear, accurate, and accessible
144	144	134information to the public, the governor, and the Legislature.
145	145	135 (6) The state board shall:
146	146	136 (a) submit the annual report in accordance with Section 68-3-14; and
147	147	137 (b) make the annual report, and previous annual reports, accessible to the public by
148	148	138placing a link to the reports on the state board's website.
149	149	139 (7) (a) Upon request of the Education Interim Committee or Public Education
150	150	140Appropriations Subcommittee, the state board shall present the State Superintendent's Annual
151	151	141Report to either committee.
152	152	142 (b) After submitting the State Superintendent's Annual Report in accordance with this
153	153	143section, the state board may supplement the report at a later time with updated data,
154	154	144information, or other materials as necessary or upon request by the governor, the Education
155	155	145Interim Committee, or the Public Education Appropriations Subcommittee.
156	156	146 Section 2. Section 53F-2-405 is amended to read:
157	157	147 53F-2-405. Educator salary adjustments.
158	158	148 (1) As used in this section, "educator" means a person employed by a school district,
159	159	149charter school, or the Utah Schools for the Deaf and the Blind who holds:
160	160	150 (a) (i) a license issued by the state board; and
161	161	151 (ii) a position as a: H.B. 478 02-14-23 4:44 PM
162	162	- 6 -
163	163	152 (A) classroom teacher;
164	164	153 (B) speech pathologist;
165	165	154 (C) librarian or media specialist;
166	166	155 (D) preschool teacher;
167	167	156 (E) mentor teacher;
168	168	157 (F) teacher specialist or teacher leader;
169	169	158 (G) guidance counselor;
170	170	159 (H) audiologist;
171	171	160 (I) psychologist; or
172	172	161 (J) social worker; or
173	173	162 (b) (i) a license issued by the Division of Professional Licensing; and
174	174	163 (ii) a position as a social worker.
175	175	164 (2) In recognition of the need to attract and retain highly skilled and dedicated
176	176	165educators, the Legislature shall annually appropriate money for educator salary adjustments,
177	177	166subject to future budget constraints.
178	178	167 (3) Money appropriated to the state board for educator salary adjustments shall be
179	179	168distributed to school districts, charter schools, and the Utah Schools for the Deaf and the Blind
180	180	169in proportion to the number of full-time-equivalent educator positions in a school district, a
181	181	170charter school, or the Utah Schools for the Deaf and the Blind as compared to the total number
182	182	171of full-time-equivalent educator positions in school districts, charter schools, and the Utah
183	183	172Schools for the Deaf and the Blind.
184	184	173 (4) A school district, a charter school, or the Utah Schools for the Deaf and the Blind
185	185	174shall award bonuses to educators as follows:
186	186	175 (a) the amount of the salary adjustment shall be the same for each full-time-equivalent
187	187	176educator position in the school district, charter school, or the Utah Schools for the Deaf and the
188	188	177Blind;
189	189	178 (b) an individual who is not a full-time educator shall receive a partial salary
190	190	179adjustment based on the number of hours the individual works as an educator; and
191	191	180 (c) a salary adjustment may not be awarded [only to] if an educator [who] has received
192	192	181[a satisfactory] an unsatisfactory rating [or above] on the educator's three most recent
193	193	182[evaluation] evaluations. 02-14-23 4:44 PM H.B. 478
194	194	- 7 -
195	195	183 (5) The state board may make rules as necessary to administer this section in
196	196	184accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
197	197	185 (6) (a) Subject to future budget constraints, the Legislature shall appropriate sufficient
198	198	186money each year to:
199	199	187 (i) maintain educator salary adjustments provided in prior years; and
200	200	188 (ii) provide educator salary adjustments to new employees.
201	201	189 (b) Money appropriated for educator salary adjustments shall include money for the
202	202	190following employer-paid benefits:
203	203	191 (i) retirement;
204	204	192 (ii) worker's compensation;
205	205	193 (iii) social security; and
206	206	194 (iv) Medicare.
207	207	195 (7) (a) Subject to future budget constraints, the Legislature shall:
208	208	196 (i) maintain the salary adjustments provided to school administrators in the 2007-08
209	209	197school year; and
210	210	198 (ii) provide salary adjustments for new school administrators in the same amount as
211	211	199provided for existing school administrators.
212	212	200 (b) The appropriation provided for educator salary adjustments shall include salary
213	213	201adjustments for school administrators as specified in Subsection (7)(a).
214	214	202 (c) In distributing and awarding salary adjustments for school administrators, the state
215	215	203board, a school district, a charter school, or the Utah Schools for the Deaf and the Blind shall
216	216	204comply with the requirements for the distribution and award of educator salary adjustments as
217	217	205provided in Subsections (3) and (4).
218	218	206 Section 3. Section 53G-11-501.5 is amended to read:
219	219	207 53G-11-501.5. Legislative findings.
220	220	208 (1) The Legislature finds that the effectiveness of public educators can be improved
221	221	209and enhanced by providing specific feedback and support for improvement through a
222	222	210systematic, fair, and competent [annual] evaluation and remediation of public educators whose
223	223	211performance is inadequate.
224	224	212 (2) The state board and each local school board shall implement Sections 53G-11-501,
225	225	21353G-11-506, 53G-11-507, 53G-11-508, 53G-11-509, and 53G-11-510[, and 53G-11-511] in H.B. 478 02-14-23 4:44 PM
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227	227	214accordance with Subsections 53E-2-302(7) and 53E-6-103(2)(a) and (b), to:
228	228	215 (a) allow the educator and the school district to promote the professional growth of the
229	229	216educator; and
230	230	217 (b) identify and encourage quality instruction in order to improve student academic
231	231	218growth.
232	232	219 Section 4. Section 53G-11-504 is amended to read:
233	233	220 53G-11-504. Evaluation of employee performance.
234	234	221 (1) Except as provided in [Subsection (2)] Subsections (2) and (3), a local school board
235	235	222shall require that the performance of each school district employee be evaluated annually in
236	236	223accordance with rules of the state board adopted in accordance with this part and Title 63G,
237	237	224Chapter 3, Utah Administrative Rulemaking Act.
238	238	225 (2) Rules adopted by the state board under Subsection (1) may include an exemption
239	239	226from annual performance evaluations for a temporary employee or a part-time employee.
240	240	227 (3) An LEA participating in the growth framework pilot program described in Section
241	241	22853G-11-505:
242	242	229 (a) is exempt from the annual evaluation of employees; and
243	243	230 (b) shall evaluate employees at least once every five years.
244	244	231 Section 5. Section 53G-11-505 is amended to read:
245	245	232 53G-11-505. State board rules -- Reporting to Legislature.
246	246	233 (1) Subject to Sections 53G-11-506, 53G-11-507, 53G-11-508, 53G-11-509, and
247	247	23453G-11-510, [and 53G-11-511,] rules adopted by the state board under Section 53G-11-504
248	248	235shall:
249	249	236 [(1)] (a) provide general guidelines, requirements, and procedures for the development
250	250	237and implementation of employee evaluations;
251	251	238 [(2)] (b) establish required components and allow for optional components of
252	252	239employee evaluations;
253	253	240 [(3)] (c) require school districts to choose valid and reliable methods and tools to
254	254	241implement the evaluations; and
255	255	242 [(4)] (d) establish a timeline for school districts to implement employee evaluations.
256	256	243 (2) Notwithstanding this section, the state board may establish a growth framework
257	257	244pilot program to measure the growth of an educator's performance as an alternative to the 02-14-23 4:44 PM H.B. 478
258	258	- 9 -
259	259	245evaluation requirements described in this part.
260	260	246 Section 6. Section 53G-11-506 is amended to read:
261	261	247 53G-11-506. Establishment of educator evaluation program -- Joint committee.
262	262	248 (1) A local school board shall develop an educator evaluation program in consultation
263	263	249with its joint committee.
264	264	250 (2) The joint committee described in Subsection (1) shall consist of an equal number of
265	265	251classroom teachers, parents, and administrators appointed by the local school board.
266	266	252 (3) A local school board may appoint members of the joint committee from a list of
267	267	253nominees:
268	268	254 (a) voted on by classroom teachers in a nomination election;
269	269	255 (b) voted on by the administrators in a nomination election; and
270	270	256 (c) of parents submitted by school community councils within the district.
271	271	257 (4) Subject to Subsection (5), the joint committee may:
272	272	258 (a) adopt or adapt an evaluation program for educators based on a model developed by
273	273	259the state board; or
274	274	260 (b) create the local school board's own evaluation program for educators.
275	275	261 (5) The evaluation program developed by the joint committee shall comply with the
276	276	262requirements of Sections 53G-11-507 through [53G-11-511] 53G-11-510 and rules [adopted
277	277	263by] that the state board adopts under Section 53G-11-510.
278	278	264 Section 7. Section 53G-11-507 is amended to read:
279	279	265 53G-11-507. Components of educator evaluation program.
280	280	266 (1) A local school board in consultation with a joint committee established in Section
281	281	26753G-11-506 shall adopt a reliable and valid educator evaluation program that evaluates
282	282	268educators based on educator professional standards established by the state board and includes:
283	283	269 (a) a systematic annual evaluation of all provisional, probationary, and career
284	284	270educators;
285	285	271 (b) use of multiple lines of evidence, including:
286	286	272 (i) self-evaluation;
287	287	273 (ii) student and parent input;
288	288	274 (iii) for an administrator, employee input;
289	289	275 (iv) a reasonable number of supervisor observations to ensure adequate reliability; H.B. 478 02-14-23 4:44 PM
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291	291	276 (v) evidence of professional growth and other indicators of instructional improvement
292	292	277based on educator professional standards established by the state board; and
293	293	278 (vi) student academic growth data;
294	294	279 (c) a summative evaluation that differentiates among four levels of performance; and
295	295	280 (d) for an administrator, the effectiveness of evaluating employee performance in a
296	296	281school or school district for which the administrator has responsibility.
297	297	282 (2) (a) An educator evaluation program described in Subsection (1) may include a
298	298	283reasonable number of peer observations.
299	299	284 (b) An educator evaluation program described in Subsection (1) may not use
300	300	285end-of-level assessment scores in educator evaluation.
301	301	286 (3) Notwithstanding Subsection (1), an LEA participating in a growth framework pilot
302	302	287program described in Section 53G-11-505 shall complete an evaluation at least once every five
303	303	288years for each educator, as described in Section 53G-11-504.
304	304	289 Section 8. Section 53G-11-510 is amended to read:
305	305	290 53G-11-510. State board to describe a framework for the evaluation of educators.
306	306	291 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
307	307	292state board shall make rules:
308	308	293 (a) describing a framework for the evaluation of educators that is consistent with the
309	309	294requirements of Part 3, Licensed Employee Requirements, and Sections 53G-11-506,
310	310	29553G-11-507, 53G-11-508, 53G-11-509, and 53G-11-510[, and 53G-11-511]; and
311	311	296 (b) requiring an educator's summative evaluation to be based on:
312	312	297 (i) educator professional standards established by the state board; and
313	313	298 (ii) the requirements described in Subsection 53G-11-507(1).
314	314	299 (2) The rules described in Subsection (1) shall prohibit the use of end-of-level
315	315	300assessment scores in educator evaluation.
316	316	301 Section 9. Repealer.
317	317	302 This bill repeals:
318	318	303 Section 53G-11-511, Report of performance levels.