A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Utah Constitution, Article X, Section 3
Section 53G, Chapter 11, Part 5
Subsections 53E-3-501(1)(a)(i) and (ii)
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Ben Rasmussen, Director of Policy
R277. Education, Administration.
R277-323. Public Educator Evaluation.
R277-323-1. Authority[,] and Purpose[, and Oversight Category]. (1) This rule is authorized by:
(a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;
(b) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law;
(c) Title 53G, Chapter 11, Part 5, School District and Utah Schools for the Deaf and the Blind Employee Requirements, which requires the Board to make rules to establish a framework for the evaluation of educators and set policies and procedures related to educator evaluations; and
(d) Subsections 53E-3-501(1)(a)(i) and (ii), which require the Board to establish rules and minimum standards for the qualification and certification of educators and for required school administrative and supervisory services.
(2) The purpose of this rule is to:
(a) provide a framework for educator evaluation systems;
(b) describe the requirements for district policies related to educator evaluation; and
(c) establish requirements for determining annual summative educator effectiveness ratings.
[(3) This rule is categorized as Category 3 as described in Rule R277-111.] R277-323-2. Definitions.
(1) "Academic growth" means demonstration of student learning through formative assessment measures identified by the LEA, school, or educator within the school year.
(2) "Administrator" has the same meaning as that term is defined in Section 53G-11-501.
(3) "Certified evaluator" means an educator with training in evaluating educator performance and demonstrated competency in using an educator evaluation tool to rate educator performance according to established standards.
(4) "Chronically absent" means that a student:
(a) was enrolled in an LEA for at least 60 calendar days; and
(b) missed 10% or more of the student's instructional days, whether the absence was excused or not.
(5) "Continued professional growth" means incremental measures of improvement relevant to the Utah Effective Educator Standards.
(6) "Educator" has the same meaning as that term is defined in Section 53G-11-501.
(7) "Educator evaluation system" means a school district's process, policies, and procedures for evaluating an educator's performance in the educator's assignments.
(8) "Formative assessment measures" means planned, ongoing processes used for educators to engage in reflection and growth of professional skills and includes opportunities to receive feedback on strengths or weaknesses of specific knowledge, skills, and abilities.
(9) "Evaluator" means an individual who is responsible for an educator's summative evaluation in accordance with this Rule R277-323.
(10) "Local board" means a school district's elected board of education or for the Utah Schools of the Deaf and the Blind, the Board.
(11) "Observation" means a formal or informal visit made by an administrator to an educator's classroom for the purpose of gathering formative information, providing feedback for growth, and informing decisions related to the educator's summative evaluation.
(12) "Performance" means the combination of an educator's professionalism consistent with:
(a) the Utah Effective Educator Standards;
(b) student academic growth; and
(c) continued professional growth as an educator.
(13) "Summative evaluation" means an evaluation that is used to make decisions or ratings of an educator's performance and that may inform decisions on salary, continued employment, personnel assignments, transfers, or dismissals, consistent with a school district's policies.
(14) "Summative evaluation rating" means an annual rating of an educator's performance that assigns one of three levels, that may be defined as:
(a) One -- The educator did not meet performance expectations;