Administrative Rule Review Report  #AR10-080

Legislative Service Office

30-Nov-10

AGENCY: Department of Education.

DATE SUBMITTED: November 19, 2010.

SUBJECT: Chapter 29, Certified Personnel Evaluation Systems.

NATURE OF RULES:                      Legislative, procedural

STATUTORY AUTHORITY:          W.S. 21‑2‑304(b)(xv)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:  These rules significantly amend the existing rules on teacher performance evaluation systems.  The rules are amended by changing the reference from teacher performance evaluation systems to certified personnel evaluation systems.  The rules require districts to file the evaluation system with the Department of Education and provide criteria which must be included in the system and criteria for department review of district evaluation systems.

It is important to note that while the department listed these rules as new rules they are not new rules as defined for purposes of the adoption of rules because these rules were not adopted in response to a new or significantly amended statute.  These rules are as substantial revision of existing rules under an existing statutory provision.

FINDINGS:  The rules appear to be within the scope of authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the agency.

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Joshua Anderson

Staff Attorney

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Lynda G. Cook

Staff Attorney

JDA/