Utah 2023 Regular Session

Utah House Bill HB0478 Compare Versions

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11 H.B. 478
22 LEGISLATIVE GENERAL COUNSEL
33 6 Approved for Filing: M. Curtis 6
44 6 02-14-23 4:44 PM 6
55 H.B. 478
66 1 EDUCATOR EVALUATI ON PILOT PROGRAM
77 2 2023 GENERAL SESSION
88 3 STATE OF UTAH
99 4 Chief Sponsor: Karen M. Peterson
1010 5 Senate Sponsor: ____________
1111 6
1212 7LONG TITLE
1313 8General Description:
1414 9 This bill allows the State Board of Education to create a pilot program as an alternative
1515 10to annual educator evaluations.
1616 11Highlighted Provisions:
1717 12 This bill:
1818 13 <allows the State Board of Education (state board) to create a pilot program as an
1919 14alternative to annual educator evaluations;
2020 15 <repeals a requirement for the state board to report on educator ratings;
2121 16 <amends a provision regarding a teacher receiving the educator salary adjustment
2222 17based on the educator's evaluation; and
2323 18 <makes technical and conforming changes.
2424 19Money Appropriated in this Bill:
2525 20 None
2626 21Other Special Clauses:
2727 22 None
2828 23Utah Code Sections Affected:
2929 24AMENDS:
3030 25 53E-1-203, as last amended by Laws of Utah 2022, Chapters 36, 218
3131 26 53F-2-405, as last amended by Laws of Utah 2022, Chapter 415
3232 27 53G-11-501.5, as last amended by Laws of Utah 2019, Chapter 293
3333 *HB0478* H.B. 478 02-14-23 4:44 PM
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3535 28 53G-11-504, as last amended by Laws of Utah 2020, Chapter 408
3636 29 53G-11-505, as last amended by Laws of Utah 2021, Chapter 251
3737 30 53G-11-506, as last amended by Laws of Utah 2019, Chapter 293
3838 31 53G-11-507, as last amended by Laws of Utah 2019, Chapter 293
3939 32 53G-11-510, as last amended by Laws of Utah 2020, Chapter 408
4040 33REPEALS:
4141 34 53G-11-511, as last amended by Laws of Utah 2020, Chapter 408
4242 35
4343 36Be it enacted by the Legislature of the state of Utah:
4444 37 Section 1. Section 53E-1-203 is amended to read:
4545 38 53E-1-203. State Superintendent's Annual Report.
4646 39 (1) The state board shall prepare and submit to the governor, the Education Interim
4747 40Committee, and the Public Education Appropriations Subcommittee, by January 15 of each
4848 41year, an annual written report known as the State Superintendent's Annual Report that includes:
4949 42 (a) the operations, activities, programs, and services of the state board;
5050 43 (b) subject to Subsection (4)(b), all reports listed in Subsection (4)(a); and
5151 44 (c) data on the general condition of the schools with recommendations considered
5252 45desirable for specific programs, including:
5353 46 (i) a complete statement of fund balances;
5454 47 (ii) a complete statement of revenues by fund and source;
5555 48 (iii) a complete statement of adjusted expenditures by fund, the status of bonded
5656 49indebtedness, the cost of new school plants, and school levies;
5757 50 (iv) a complete statement of state funds allocated to each school district and charter
5858 51school by source, including supplemental appropriations, and a complete statement of
5959 52expenditures by each school district and charter school, including supplemental appropriations,
6060 53by function and object as outlined in the United States Department of Education publication
6161 54"Financial Accounting for Local and State School Systems";
6262 55 (v) a statement that includes data on:
6363 56 (A) fall enrollments;
6464 57 (B) average membership;
6565 58 (C) high school graduates; 02-14-23 4:44 PM H.B. 478
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6767 59 (D) licensed and classified employees[, including data reported by school districts on
6868 60educator ratings described in Section 53G-11-511];
6969 61 (E) pupil-teacher ratios;
7070 62 (F) average class sizes;
7171 63 (G) average salaries;
7272 64 (H) applicable private school data; and
7373 65 (I) data from statewide assessments described in Section 53E-4-301 for each school
7474 66and school district;
7575 67 (vi) statistical information regarding incidents of delinquent activity in the schools or at
7676 68school-related activities; and
7777 69 (vii) other statistical and financial information about the school system that the state
7878 70superintendent considers pertinent.
7979 71 (2) (a) For the purposes of Subsection (1)(c)(v):
8080 72 (i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
8181 73students enrolled in a school by the number of full-time equivalent teachers assigned to the
8282 74school, including regular classroom teachers, school-based specialists, and special education
8383 75teachers;
8484 76 (ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
8585 77the schools within a school district;
8686 78 (iii) the pupil-teacher ratio for charter schools aggregated shall be the median
8787 79pupil-teacher ratio of charter schools in the state; and
8888 80 (iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
8989 81pupil-teacher ratio of public schools in the state.
9090 82 (b) The report shall:
9191 83 (i) include the pupil-teacher ratio for:
9292 84 (A) each school district;
9393 85 (B) the charter schools aggregated; and
9494 86 (C) the state's public schools aggregated; and
9595 87 (ii) identify a website where pupil-teacher ratios for each school in the state may be
9696 88accessed.
9797 89 (3) For each operation, activity, program, or service provided by the state board, the H.B. 478 02-14-23 4:44 PM
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9999 90annual report shall include:
100100 91 (a) a description of the operation, activity, program, or service;
101101 92 (b) data and metrics:
102102 93 (i) selected and used by the state board to measure progress, performance,
103103 94effectiveness, and scope of the operation, activity, program, or service, including summary
104104 95data; and
105105 96 (ii) that are consistent and comparable for each state operation, activity, program, or
106106 97service;
107107 98 (c) budget data, including the amount and source of funding, expenses, and allocation
108108 99of full-time employees for the operation, activity, program, or service;
109109 100 (d) historical data from previous years for comparison with data reported under
110110 101Subsections (3)(b) and (c);
111111 102 (e) goals, challenges, and achievements related to the operation, activity, program, or
112112 103service;
113113 104 (f) relevant federal and state statutory references and requirements;
114114 105 (g) contact information of officials knowledgeable and responsible for each operation,
115115 106activity, program, or service; and
116116 107 (h) other information determined by the state board that:
117117 108 (i) may be needed, useful, or of historical significance; or
118118 109 (ii) promotes accountability and transparency for each operation, activity, program, or
119119 110service with the public and elected officials.
120120 111 (4) (a) Except as provided in Subsection (4)(b), the annual report shall also include:
121121 112 (i) the report described in Section 53E-3-507 by the state board on career and technical
122122 113education needs and program access;
123123 114 (ii) the report described in Section 53E-3-515 by the state board on the Hospitality and
124124 115Tourism Management Career and Technical Education Pilot Program;
125125 116 (iii) beginning on July 1, 2023, the report described in Section 53E-3-516 by the state
126126 117board on certain incidents that occur on school grounds;
127127 118 (iv) the report described in Section 53E-4-202 by the state board on the development
128128 119and implementation of the core standards for Utah public schools;
129129 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
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131131 121and leadership development;
132132 122 (vi) the report described in Section 53E-10-308 by the state board and Utah Board of
133133 123Higher Education on student participation in the concurrent enrollment program;
134134 124 (vii) the report described in Section 53F-5-207 by the state board on the
135135 125Intergenerational Poverty Interventions Grant Program;
136136 126 (viii) the report described in Section 53F-5-506 by the state board on information
137137 127related to personalized, competency-based learning; and
138138 128 (ix) the report described in Section 53G-9-802 by the state board on dropout prevention
139139 129and recovery services.
140140 130 (b) The Education Interim Committee or the Public Education Appropriations
141141 131Subcommittee may request a report described in Subsection (4)(a) to be reported separately
142142 132from the State Superintendent's Annual Report.
143143 133 (5) The annual report shall be designed to provide clear, accurate, and accessible
144144 134information to the public, the governor, and the Legislature.
145145 135 (6) The state board shall:
146146 136 (a) submit the annual report in accordance with Section 68-3-14; and
147147 137 (b) make the annual report, and previous annual reports, accessible to the public by
148148 138placing a link to the reports on the state board's website.
149149 139 (7) (a) Upon request of the Education Interim Committee or Public Education
150150 140Appropriations Subcommittee, the state board shall present the State Superintendent's Annual
151151 141Report to either committee.
152152 142 (b) After submitting the State Superintendent's Annual Report in accordance with this
153153 143section, the state board may supplement the report at a later time with updated data,
154154 144information, or other materials as necessary or upon request by the governor, the Education
155155 145Interim Committee, or the Public Education Appropriations Subcommittee.
156156 146 Section 2. Section 53F-2-405 is amended to read:
157157 147 53F-2-405. Educator salary adjustments.
158158 148 (1) As used in this section, "educator" means a person employed by a school district,
159159 149charter school, or the Utah Schools for the Deaf and the Blind who holds:
160160 150 (a) (i) a license issued by the state board; and
161161 151 (ii) a position as a: H.B. 478 02-14-23 4:44 PM
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163163 152 (A) classroom teacher;
164164 153 (B) speech pathologist;
165165 154 (C) librarian or media specialist;
166166 155 (D) preschool teacher;
167167 156 (E) mentor teacher;
168168 157 (F) teacher specialist or teacher leader;
169169 158 (G) guidance counselor;
170170 159 (H) audiologist;
171171 160 (I) psychologist; or
172172 161 (J) social worker; or
173173 162 (b) (i) a license issued by the Division of Professional Licensing; and
174174 163 (ii) a position as a social worker.
175175 164 (2) In recognition of the need to attract and retain highly skilled and dedicated
176176 165educators, the Legislature shall annually appropriate money for educator salary adjustments,
177177 166subject to future budget constraints.
178178 167 (3) Money appropriated to the state board for educator salary adjustments shall be
179179 168distributed to school districts, charter schools, and the Utah Schools for the Deaf and the Blind
180180 169in proportion to the number of full-time-equivalent educator positions in a school district, a
181181 170charter school, or the Utah Schools for the Deaf and the Blind as compared to the total number
182182 171of full-time-equivalent educator positions in school districts, charter schools, and the Utah
183183 172Schools for the Deaf and the Blind.
184184 173 (4) A school district, a charter school, or the Utah Schools for the Deaf and the Blind
185185 174shall award bonuses to educators as follows:
186186 175 (a) the amount of the salary adjustment shall be the same for each full-time-equivalent
187187 176educator position in the school district, charter school, or the Utah Schools for the Deaf and the
188188 177Blind;
189189 178 (b) an individual who is not a full-time educator shall receive a partial salary
190190 179adjustment based on the number of hours the individual works as an educator; and
191191 180 (c) a salary adjustment may not be awarded [only to] if an educator [who] has received
192192 181[a satisfactory] an unsatisfactory rating [or above] on the educator's three most recent
193193 182[evaluation] evaluations. 02-14-23 4:44 PM H.B. 478
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195195 183 (5) The state board may make rules as necessary to administer this section in
196196 184accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
197197 185 (6) (a) Subject to future budget constraints, the Legislature shall appropriate sufficient
198198 186money each year to:
199199 187 (i) maintain educator salary adjustments provided in prior years; and
200200 188 (ii) provide educator salary adjustments to new employees.
201201 189 (b) Money appropriated for educator salary adjustments shall include money for the
202202 190following employer-paid benefits:
203203 191 (i) retirement;
204204 192 (ii) worker's compensation;
205205 193 (iii) social security; and
206206 194 (iv) Medicare.
207207 195 (7) (a) Subject to future budget constraints, the Legislature shall:
208208 196 (i) maintain the salary adjustments provided to school administrators in the 2007-08
209209 197school year; and
210210 198 (ii) provide salary adjustments for new school administrators in the same amount as
211211 199provided for existing school administrators.
212212 200 (b) The appropriation provided for educator salary adjustments shall include salary
213213 201adjustments for school administrators as specified in Subsection (7)(a).
214214 202 (c) In distributing and awarding salary adjustments for school administrators, the state
215215 203board, a school district, a charter school, or the Utah Schools for the Deaf and the Blind shall
216216 204comply with the requirements for the distribution and award of educator salary adjustments as
217217 205provided in Subsections (3) and (4).
218218 206 Section 3. Section 53G-11-501.5 is amended to read:
219219 207 53G-11-501.5. Legislative findings.
220220 208 (1) The Legislature finds that the effectiveness of public educators can be improved
221221 209and enhanced by providing specific feedback and support for improvement through a
222222 210systematic, fair, and competent [annual] evaluation and remediation of public educators whose
223223 211performance is inadequate.
224224 212 (2) The state board and each local school board shall implement Sections 53G-11-501,
225225 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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227227 214accordance with Subsections 53E-2-302(7) and 53E-6-103(2)(a) and (b), to:
228228 215 (a) allow the educator and the school district to promote the professional growth of the
229229 216educator; and
230230 217 (b) identify and encourage quality instruction in order to improve student academic
231231 218growth.
232232 219 Section 4. Section 53G-11-504 is amended to read:
233233 220 53G-11-504. Evaluation of employee performance.
234234 221 (1) Except as provided in [Subsection (2)] Subsections (2) and (3), a local school board
235235 222shall require that the performance of each school district employee be evaluated annually in
236236 223accordance with rules of the state board adopted in accordance with this part and Title 63G,
237237 224Chapter 3, Utah Administrative Rulemaking Act.
238238 225 (2) Rules adopted by the state board under Subsection (1) may include an exemption
239239 226from annual performance evaluations for a temporary employee or a part-time employee.
240240 227 (3) An LEA participating in the growth framework pilot program described in Section
241241 22853G-11-505:
242242 229 (a) is exempt from the annual evaluation of employees; and
243243 230 (b) shall evaluate employees at least once every five years.
244244 231 Section 5. Section 53G-11-505 is amended to read:
245245 232 53G-11-505. State board rules -- Reporting to Legislature.
246246 233 (1) Subject to Sections 53G-11-506, 53G-11-507, 53G-11-508, 53G-11-509, and
247247 23453G-11-510, [and 53G-11-511,] rules adopted by the state board under Section 53G-11-504
248248 235shall:
249249 236 [(1)] (a) provide general guidelines, requirements, and procedures for the development
250250 237and implementation of employee evaluations;
251251 238 [(2)] (b) establish required components and allow for optional components of
252252 239employee evaluations;
253253 240 [(3)] (c) require school districts to choose valid and reliable methods and tools to
254254 241implement the evaluations; and
255255 242 [(4)] (d) establish a timeline for school districts to implement employee evaluations.
256256 243 (2) Notwithstanding this section, the state board may establish a growth framework
257257 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
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259259 245evaluation requirements described in this part.
260260 246 Section 6. Section 53G-11-506 is amended to read:
261261 247 53G-11-506. Establishment of educator evaluation program -- Joint committee.
262262 248 (1) A local school board shall develop an educator evaluation program in consultation
263263 249with its joint committee.
264264 250 (2) The joint committee described in Subsection (1) shall consist of an equal number of
265265 251classroom teachers, parents, and administrators appointed by the local school board.
266266 252 (3) A local school board may appoint members of the joint committee from a list of
267267 253nominees:
268268 254 (a) voted on by classroom teachers in a nomination election;
269269 255 (b) voted on by the administrators in a nomination election; and
270270 256 (c) of parents submitted by school community councils within the district.
271271 257 (4) Subject to Subsection (5), the joint committee may:
272272 258 (a) adopt or adapt an evaluation program for educators based on a model developed by
273273 259the state board; or
274274 260 (b) create the local school board's own evaluation program for educators.
275275 261 (5) The evaluation program developed by the joint committee shall comply with the
276276 262requirements of Sections 53G-11-507 through [53G-11-511] 53G-11-510 and rules [adopted
277277 263by] that the state board adopts under Section 53G-11-510.
278278 264 Section 7. Section 53G-11-507 is amended to read:
279279 265 53G-11-507. Components of educator evaluation program.
280280 266 (1) A local school board in consultation with a joint committee established in Section
281281 26753G-11-506 shall adopt a reliable and valid educator evaluation program that evaluates
282282 268educators based on educator professional standards established by the state board and includes:
283283 269 (a) a systematic annual evaluation of all provisional, probationary, and career
284284 270educators;
285285 271 (b) use of multiple lines of evidence, including:
286286 272 (i) self-evaluation;
287287 273 (ii) student and parent input;
288288 274 (iii) for an administrator, employee input;
289289 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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291291 276 (v) evidence of professional growth and other indicators of instructional improvement
292292 277based on educator professional standards established by the state board; and
293293 278 (vi) student academic growth data;
294294 279 (c) a summative evaluation that differentiates among four levels of performance; and
295295 280 (d) for an administrator, the effectiveness of evaluating employee performance in a
296296 281school or school district for which the administrator has responsibility.
297297 282 (2) (a) An educator evaluation program described in Subsection (1) may include a
298298 283reasonable number of peer observations.
299299 284 (b) An educator evaluation program described in Subsection (1) may not use
300300 285end-of-level assessment scores in educator evaluation.
301301 286 (3) Notwithstanding Subsection (1), an LEA participating in a growth framework pilot
302302 287program described in Section 53G-11-505 shall complete an evaluation at least once every five
303303 288years for each educator, as described in Section 53G-11-504.
304304 289 Section 8. Section 53G-11-510 is amended to read:
305305 290 53G-11-510. State board to describe a framework for the evaluation of educators.
306306 291 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
307307 292state board shall make rules:
308308 293 (a) describing a framework for the evaluation of educators that is consistent with the
309309 294requirements of Part 3, Licensed Employee Requirements, and Sections 53G-11-506,
310310 29553G-11-507, 53G-11-508, 53G-11-509, and 53G-11-510[, and 53G-11-511]; and
311311 296 (b) requiring an educator's summative evaluation to be based on:
312312 297 (i) educator professional standards established by the state board; and
313313 298 (ii) the requirements described in Subsection 53G-11-507(1).
314314 299 (2) The rules described in Subsection (1) shall prohibit the use of end-of-level
315315 300assessment scores in educator evaluation.
316316 301 Section 9. Repealer.
317317 302 This bill repeals:
318318 303 Section 53G-11-511, Report of performance levels.