Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 312 (2016GS)

Sponsor

Rep. Briscoe, J.

Final action

House/ filed 3/10/2016

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires the State Board of Education to select at least two school districts to participate in the Peer Assistance and Review Program (PAR Program);
• amends reporting requirements;
• removes the repeal date for the PAR Program; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PEER ASSISTANCE AND REVIEW PROGRAM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Joel K. Briscoe
Senate Sponsor: 
 Todd Weiler
LONG TITLE
General Description:
This bill amends provisions related to the Peer Assistance and Review Program.
Highlighted Provisions:
This bill:
▸ requires the State Board of Education to select at least two school districts to
participate in the Peer Assistance and Review Program (PAR Program);
▸ amends reporting requirements;
▸ removes the repeal date for the PAR Program; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates:
▸ to the State Board of Education - State Office of Education - Initiative Programs as
an ongoing appropriation:
• from the Education Fund, $500,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-8a-801
, as enacted by Laws of Utah 2012, Chapter 273
53A-8a-802
, as enacted by Laws of Utah 2012, Chapter 273
53A-8a-803
, as enacted by Laws of Utah 2012, Chapter 273
53A-8a-804
, as enacted by Laws of Utah 2012, Chapter 273
63I-2-253
, as last amended by Laws of Utah 2015, Chapters 258, 418, and 456
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-8a-801
 is amended to read:
53A-8a-801.
Definitions.
As used in this part:
[
(2)
] 
(1)
 "Consulting teacher" means a teacher who is appointed as described in Section
53A-8a-803
 and provides assistance and review to teachers assigned to a PAR Program.
[
(3)
] 
(2)
 "Novice teacher" means a provisional teacher who has not achieved career
employee status.
[
(4)
] 
(3)
 "PAR Joint Panel" means the governing panel of a district's PAR Program,
created according to Section 
53A-8a-804
.
[
(1)
] 
(4)
 "Peer Assistance and Review Pilot Program" or "PAR Program" means the
teacher evaluation and mentoring program created in Section 
53A-8a-802
.
(5) "Teacher" means an individual employed by a school district who
:
(a)
 is required to hold an educator license issued by the State Board of Education
;
 and
(b)
 [
who
] has an assignment to teach in a classroom.
(6) "Underperforming veteran teacher" means a teacher
:
(a)
 who [
has achieved
] 
is a
 career employee [
status
] as defined in Section 
53A-8a-102
;
and
(b)
 whose work has been judged to fall below the 
school
 district's standards.
Section 2. Section 
53A-8a-802
 is amended to read:
53A-8a-802.
PAR Program guidelines -- Report.
(1) 
(a)
 [
The PAR
] 
There is created the Peer Assistance and Review
 Program [
is created
to
]
.
(b) A school district that participates in the PAR Program shall, for novice teachers and
underperforming veteran teachers
:
[
(a)
] 
(i)
 conduct regular evaluations [
of novice teachers and underperforming veteran
teachers
];
[
(b)
] 
(ii)
 provide support and mentoring [
to novice teachers and underperforming
veteran teachers
]; and
[
(c)
] 
(iii)
 make recommendations for continued employment or dismissal [
of novice
teachers and underperforming veteran teachers
].
(2) Subject to future budget constraints, the Legislature shall appropriate money [
for a
five-year period
] to the State Board of Education for the PAR Program.
(3) The State Board of Education shall:
(a) solicit proposals from school districts for the use of grant money to develop and
implement PAR Programs; and
(b) award grants to 
at least two
 school districts on a competitive basis.
(4) In awarding a grant under Subsection (3)(b), the State Board of Education shall
consider:
(a) [
the applicant's
] 
a school district's
 capacity to effectively achieve the purposes of
the PAR Program as described in Subsection (1);
(b) whether [
the
] 
a school
 district has a rigorous and standards-based teacher
evaluation system [
already
] in place; and
(c) other criteria as determined by the State Board of Education.
(5) To receive a grant, a school district shall submit a proposal to the State Board of
Education on how the 
school
 district intends to develop and implement a PAR Program, within
the specifications of Section 
53A-8a-803
.
(6) A selected 
school
 district may use grant money 
received under this section
:
(a) to develop and design a PAR Program to fit the needs of the 
school
 district, which
may include hiring [
consultants
] 
a consultant
;
(b) to fund additional pay or stipends, computers, travel reimbursement, [
and
] 
or
 office
space for consulting teachers;
(c) for program administration and clerical support staff;
(d) for stipends for PAR Joint Panel members;
(e) to pay substitute teachers for
:
(i)
 PAR Joint Panel members to attend meetings
;
 or [
for
]
(ii)
 teachers [
enrolled
] 
participating
 in the PAR Program to visit and observe other
classes; and
(f) for training costs.
(7) 
(a)
 [
After each year of the pilot program,
] 
In accordance with Title 63G, Chapter 6a,
Utah Procurement Code,
 the State Board of Education shall [
make a report to the Education
Interim Committee evaluating
] 
contract with an independent evaluator to evaluate
 the impact
of the PAR Program on retaining high quality teachers and dismissing ineffective teachers in a
timely manner.
(b) The State Board of Education shall complete the evaluation described in Subsection
(7)(a) once every three years.
(c) The board shall report to the Education Interim Committee on the results of the
evaluation on or before October 1, 2018, and every three years thereafter.
(8) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 State Board of Education shall make rules specifying:
(a) procedures for applying for and awarding grants under this part;
(b) criteria for awarding grants; and
(c) reporting requirements for grantees.
Section 3. Section 
53A-8a-803
 is amended to read:
53A-8a-803.
Program components.
(1) A 
school
 district that receives a grant under Section 
53A-8a-802
 to design and
implement a PAR Program, shall use the general guidelines as set forth in this section.
(2) A 
school
 district's PAR Program shall consist of the following two sections:
(a) an induction section for novice teachers; and
(b) a remediation section for underperforming veteran teachers.
(3) The induction section of a 
school
 district's PAR Program shall include the
following components:
(a) a novice teacher is automatically enrolled into the induction section of the PAR
Program and assigned a consulting teacher who serves as a mentor;
(b) the novice teacher receives help from a consulting teacher in
:
(i)
 setting up a classroom[
,
]
;
(ii)
 securing needed supplies[
,
]
;
(iii)
 preparing for classroom management[
,
]
;
(iv)
 reflecting on lessons[
,
]
;
 and
(v)
 getting feedback and support;
(c) the consulting teacher assesses the novice teacher's work and reports to the 
school
district's PAR Joint Panel [
several
] 
at least three
 times throughout the year, [
with
] 
including
 a
summative report and evaluation 
of the novice teacher
 at the end of the year;
(d) the consulting teacher assists the 
school
 district's PAR Joint Panel in deciding
whether to hire the novice teacher for another year; and
(e) the principal retains the right and responsibility for evaluating all teachers for career
employment status.
(4) The remediation section of a 
school
 district's PAR Program shall include the
following components:
(a) 
(i)
 a principal or supervisor recommends an underperforming veteran teacher to the
remediation section of the program[
,
]
;
 or
(ii)
 the underperforming veteran teacher may be automatically enrolled in the
intervention section of the program in accordance with local school board policy;
(b) an underperforming veteran teacher is assigned a consulting teacher who acts as a
mentor and initially investigates whether the teacher is[
, in fact,
] failing to meet [
the
] 
school
district standards;
(c) the consulting teacher mentors the underperforming veteran teacher for a period of
time established in accordance with local school board policy; and
(d) the underperforming veteran teacher either
:
(i)
 meets 
school
 district standards after close mentoring[
,
]
;
 or
(ii)
 is dismissed or encouraged to resign because the underperforming veteran teacher
rejects help or fails to improve sufficiently despite the consulting teacher's mentoring.
(5) Consulting teachers:
(a) are chosen through a competitive process by the 
school
 district's PAR Joint Panel;
(b) (i) are released from regular teaching loads for three to five years; or
(ii) are released from regular teaching part-time and serve as consulting teachers
part-time;
(c) earn regular salary plus an additional stipend for being consulting teachers;
(d) are assigned a caseload of teachers to mentor and evaluate, preferably in the same
subject and grade level;
(e) report on teachers to the 
school
 district's PAR Joint Panel; and
(f) mentor and evaluate teachers participating in the 
school
 district's PAR Program
through:
(i) scheduled and unscheduled visits;
(ii) developing a growth plan with a teacher based on the teacher's strengths and
weaknesses;
(iii) observing lessons and providing feedback;
(iv) helping with lesson planning;
(v) providing resources and materials; and
(vi) arranging for a participating teacher to observe another [
colleague's
] class.
Section 4. Section 
53A-8a-804
 is amended to read:
53A-8a-804.
Creation -- Make-up -- Duties of a school district PAR Joint Panel.
(1) A 
school
 district that receives money to create a PAR Program under Section
53A-8a-802
 shall create a PAR Joint Panel consisting of an equal number of teacher
representatives and 
school
 district administrators [
or their designees
].
(2) A district PAR Joint Panel shall:
(a) meet regularly to design the 
school
 district's PAR Program;
(b) review cases of teachers assigned to the 
school
 district's PAR Program and decide
whether the 
school
 district should continue to employ teachers based on evidence collected by
consulting teachers; and
(c) select consulting teachers through a competitive process.
Section 5. Section 
63I-2-253
 is amended to read:
63I-2-253.
 Repeal dates -- Titles 53, 53A, and 53B.
(1) Section 
53A-1-403.5
 is repealed July 1, 2017.
[
(2) Subsection 
53A-1-410
(5) is repealed July 1, 2015.
]
[
(3)
] 
(2)
 Section 
53A-1-411
 is repealed July 1, 2017.
[
(4)
] 
(3)
 Section 
53A-1a-513.5
 is repealed July 1, 2017.
[
(5)
] 
(4)
 Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.
[
(6) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
repealed July 1, 2017.
]
Section 6. 
Appropriation.
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
are appropriated from resources not otherwise appropriated, or reduced from amounts
previously appropriated, out of the funds or amounts indicated. These sums of money are in
addition to amounts previously appropriated for fiscal year 2017.
To State Board of Education -- State Office of Education -- Initiative Programs
From Education Fund
$500,000
Schedule of Programs:
Peer Assistance and Review $500,000
The Legislature intends that:
(1) except as provided in Subsection (2), the State Board of Education use the
appropriation described in this section to expand the Peer Assistance and Review Program
created in Section 
53A-8a-802
 to at least one additional school district;
(2) the State Board of Education may use up to $25,000 of the appropriation to contract
with an independent evaluator to conduct an evaluation, as required by Subsection
53A-8a-802
(7); and
(3) the appropriation provided in this section be:
(a) ongoing; and
(b) nonlapsing.
Legislative Review Note
Office of Legislative Research and General Counsel