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