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