Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 201 Second Substitute (2016GS)

Sponsor

Rep. Poulson, M.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• places restrictions on the use of student achievement data for the evaluation and compensation of certain employees; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

STUDENT TESTING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Marie H. Poulson
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions related to the use of student achievement data. 
Highlighted Provisions:
This bill:
▸ places restrictions on the use of student achievement data for the evaluation and
compensation of certain employees; and
▸ makes technical and conforming changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-8a-405
, as renumbered and amended by Laws of Utah 2012, Chapter 425
53A-8a-409
, as last amended by Laws of Utah 2014, Chapter 262
53A-8a-601
, as last amended by Laws of Utah 2014, Chapter 262
53A-8a-702
, as last amended by Laws of Utah 2014, Chapter 262
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-8a-405
 is amended to read:
53A-8a-405.
Components of educator evaluation program.
An educator evaluation program adopted by a local school board in consultation with a
joint committee established in Section 
53A-8a-403
:
(1)
 shall include the following components:
[
(1)
] 
(a)
 a reliable and valid evaluation program consistent with generally accepted
professional standards for personnel evaluation systems;
[
(2) (a)
] 
(b) (i)
 the evaluation of provisional and probationary educators at least twice
each school year; and
[
(b)
] 
(ii)
 the annual evaluation of all career educators;
[
(3)
] 
(c)
 systematic evaluation procedures for both provisional and career educators;
[
(4)
] 
(d)
 the use of multiple lines of evidence, [
such as
] 
including
:
[
(a)
] 
(i)
 self-evaluation;
[
(b)
] 
(ii)
 student and parent input;
[
(c)
] 
(iii)
 peer observation;
[
(d)
] 
(iv)
 supervisor observations;
[
(e)
] 
(v)
 evidence of professional growth; 
and
[
(f) student achievement data; and
]
[
(g)
] 
(vi)
 other indicators of instructional improvement;
[
(5)
] 
(e)
 a reasonable number of observation periods for an evaluation to [
insure
]
ensure
 adequate reliability;
[
(6)
] 
(f)
 administration of an educator's evaluation by:
[
(a)
] 
(i)
 the principal;
[
(b)
] 
(ii)
 the principal's designee;
[
(c)
] 
(iii)
 the educator's immediate supervisor; or
[
(d)
] 
(iv)
 another person specified in the evaluation program;
[
(7)
] 
(g)
 an orientation for educators on the educator evaluation program; and
[
(8)
] 
(h)
 a summative evaluation that differentiates among four levels of
performance[
.
]
; and
(2) may not use student achievement data as a component of educator evaluation.
Section 2. Section 
53A-8a-409
 is amended to read:
53A-8a-409.
State Board of Education to establish a framework for the
evaluation of educators.
(1)
 The State Board of Education shall make rules:
[
(1)
] 
(a)
 establishing a framework for the evaluation of educators that is consistent with
the requirements of Part 3, Employee Evaluations, and this part;
[
(2)
] 
(b)
 requiring a teacher's summative evaluation to be based on[
: (a) student
learning growth or achievement, if measures of student learning growth are not available; and
(b)
] standards of instructional quality; and
[
(3)
] 
(c)
 requiring each school district to fully implement an evaluation system for
educators in accordance with the framework established by the State Board of Education no
later than the 2015-16 school year.
(2) The rules described in Subsection (1) shall prohibit the use of student achievement
data as a component of educator evaluation.
Section 3. Section 
53A-8a-601
 is amended to read:
53A-8a-601.
State Board of Education to make rules on performance
compensation.
(1) The State Board of Education shall make rules requiring a school district's
employee compensation system to be aligned with the district's annual evaluation system
described in Section 
53A-8a-405
.
(2) Rules adopted under Subsection (1) shall :
(a) establish a timeline for developing and implementing an employee compensation
system that is aligned with an annual evaluation system; and
(b) provide that beginning no later than the 2016-17 school year:
(i) any advancement on an adopted wage or salary schedule
:
(A)
 shall be based primarily on an evaluation; and
(B) may not be based on student achievement data; and
(ii) an employee may not advance on an adopted wage or salary schedule if the
employee's rating on the most recent evaluation is at the lowest level of an evaluation
instrument.
Section 4. Section 
53A-8a-702
 is amended to read:
53A-8a-702.
Evaluation of school and district administrators.
(1)
 The State Board of Education shall:
[
(1)
] 
(a)
 establish in rules a framework for the evaluation of school and district
administrators that includes the following components:
[
(a) student achievement indicators emphasizing learning growth and proficiency;
]
[
(b)
] 
(i)
 the results of an evaluation tool utilized by the local school board that includes
input from employees, parents, and students;
[
(c)
] 
(ii)
 the effectiveness of evaluating employee performance in a school or district
for which the school or district administrator has responsibility; and
[
(d)
] 
(iii)
 other factors as determined by a local school board in implementing state law
and State Board of Education rules; and
[
(2)
] 
(b)
 require each school district to fully implement an evaluation system for school
and district administrators in accordance with the framework established by the State Board of
Education no later than the 2015-16 school year.
(2) The evaluation of school and district administrators described in Subsection (1)(a)
may not use student achievement data as a component of evaluation.
Legislative Review Note
Office of Legislative Research and General Counsel