H.B. 155

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 26, 2007 at 5:00 PM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 28, 2007 at 12:02 PM by rday. --> 1

STUDENT ACHIEVEMENT ASSESSMENT
2 AMENDMENTS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Merlynn T. Newbold
6 Senate Sponsor: Howard A. Stephenson
7
8 LONG TITLE
9 General Description:
10 This bill modifies U-PASS (Utah Performance Assessment System for Students) and
11 requirements for reading achievement plans and the reporting of students' reading grade
12 level.
13 Highlighted Provisions:
14 This bill:
15 . modifies U-PASS by:
16 . expanding the basic skill courses tested to include intermediate algebra;
17 . eliminating criterion-referenced testing in grade 1;
18 . eliminating norm-referenced testing in grade 11; and
19 . adding a reading test in grade 3;
20 . modifies assessment, intervention, and reporting elements of schools' reading
21 achievement plans for students in kindergarten through grade 3;
22 . modifies reporting requirements regarding U-PASS test results; S. [ and ] .S
23 . modifies eligibility requirements for stipends for basic skills education to enable
24 students to pass the Utah Basic Skills Competency Test S. ; and
24a . requires the State Board of Education to consider administering the Utah Basic
24b Skills Competency Test on a Saturday to preserve instructional time .S .
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:

28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 53A-1-602, as last amended by Chapter 7, Laws of Utah 2002, Sixth Special Session
32 53A-1-603, as last amended by Chapter 7, Laws of Utah 2002, Fifth Special Session
33 53A-3-602.5, as last amended by Chapters 210 and 244, Laws of Utah 2002
34 53A-1-607, as last amended by Chapter 219, Laws of Utah 2000
35 53A-1-612, as enacted by Chapter 299, Laws of Utah 2006
36 REPEALS AND REENACTS:
37 53A-1-606.5, as last amended by Chapters 210 and 324, Laws of Utah 2002
38 REPEALS:
39 53A-1-606, as last amended by Chapter 93, Laws of Utah 2001
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 53A-1-602 is amended to read:
43 53A-1-602. Definitions.
44 As used in this part:
45 (1) "Achievement test" means a standardized test which measures or attempts to
46 measure the level of performance which a student has attained in one or more courses of study.
47 Achievement tests shall include norm-referenced and criterion-referenced tests.
48 (2) "Basic skills course" means a subject which requires mastery of specific functions,
49 as defined under rules made by the State Board of Education, to include reading, language arts,
50 mathematics through [geometry] intermediate algebra, science, in grades 4 through 12, and
51 effectiveness of written expression.
52 (3) "Utah Performance Assessment System for Students" or "U-PASS" means:
53 (a) systematic norm-referenced achievement testing of all students in grades 3, 5, and
54 8[, and 11] required by this part in all schools within each school district by means of tests
55 designated by the State Board of Education;
56 (b) criterion-referenced achievement testing of students in [all grade levels] grades 2
57 through 12 in basic skills courses;
58 (c) [beginning with the 2001-02 school year,] a direct writing assessment in grades 6

59 and 9;
60 (d) [beginning with the 2003-04 school year,] a tenth grade basic skills competency test
61 as detailed in Section 53A-1-611 ; [and]
62 (e) [beginning with the 2002-03 school year,] the use of student behavior indicators in
63 assessing student performance[.]; and
64 (f) beginning with the 2007-08 school year, testing of students in grade 3 to measure
65 reading grade level.
66 Section 2. Section 53A-1-603 is amended to read:
67 53A-1-603. Duties of State Board of Education.
68 (1) The State Board of Education shall:
69 (a) require each school district and charter school to implement the Utah Performance
70 Assessment System for Students, hereafter referred to as U-PASS;
71 (b) require the state superintendent of public instruction to submit and recommend
72 criterion-referenced and norm-referenced achievement tests, a tenth grade basic skills
73 competency test, [and] a direct writing assessment for grades 6 and 9, and a test for students in
74 grade 3 to measure reading grade level to the board for approval and adoption and distribution
75 to each school district and charter school by the state superintendent;
76 (c) develop an assessment method to uniformly measure statewide performance,
77 school district performance, and school performance of students in grades [1] 2 through 12 in
78 mastering basic skills courses; and
79 (d) provide for the state to participate in the National Assessment of Educational
80 Progress state-by-state comparison testing program.
81 (2) Under U-PASS, the state office shall annually require that each district and charter
82 school, as applicable, administer:
83 (a) a statewide norm-referenced test to all students in grades 3, 5, and 8[, and 11];
84 (b) statewide criterion-referenced tests in [all grade levels] grades 2 through 12 and
85 courses in basic skill areas of the core curriculum;
86 (c) a direct writing assessment to all students in grades 6 and 9[, with the first
87 assessment to be administered during the 2001-02 school year; and];
88 (d) a tenth grade basic skills competency test as detailed in Section 53A-1-611 [, with
89 the first test to be administered during the 2003-04 school year.]; and

90 (e) a test to all students in grade 3 to measure reading grade level.
91 (3) The board shall adopt rules for the conduct and administration of U-PASS to
92 include the following:
93 (a) the computation of student performance based on information that is disaggregated
94 with respect to race, ethnicity, gender, limited English proficiency, and those students who
95 qualify for free or reduced price school lunch;
96 (b) security features to maintain the integrity of the system, which could include
97 statewide uniform testing dates, multiple test forms, and test administration protocols;
98 (c) the exemption of student test scores, by exemption category, such as limited
99 English proficiency, mobility, and students with disabilities, with the percent or number of
100 student test scores exempted being publically reported at a district level;
101 (d) compiling of criterion-referenced and direct writing test scores and test score
102 averages at the classroom level to allow for:
103 (i) an annual review of those scores by parents of students and professional and other
104 appropriate staff at the classroom level at the earliest point in time [and consistent with the
105 timeline of the phase-in referred to in Section 53A-1-602 and this section, but no later than by
106 the end of the school year beginning with the 2003-04 school year];
107 (ii) the assessment of year-to-year student progress in specific classes, courses, and
108 subjects;
109 (iii) a teacher to review, prior to the beginning of a new school year [for the 2003-04
110 school year and for each school year thereafter], test scores from the previous school year of
111 students who have been assigned to the teacher's class for the new school year; and
112 (iv) allowing a school district or charter school to have its tests administered and
113 scored electronically to accelerate the review of test scores and their usefulness to parents and
114 educators under Subsections (3)(d)(i), (ii), and (iii), without violating the integrity of U-PASS;
115 and
116 (e) providing that:
117 (i) scores on the tests and assessments required under Subsection (2)(b) shall be
118 considered in determining a student's academic grade for the appropriate course and whether a
119 student shall advance to the next grade level; and
120 (ii) the student's score on the tenth grade basic skills competency test shall be recorded

121 on the student's transcript of credits.
121a S. (4) The State Board of Education shall consider administering the basic skills
121b competency test on a Saturday to preserve instructional time. .S
122 Section 3. Section 53A-1-606.5 is repealed and reenacted to read:
123 53A-1-606.5. State reading goal -- Reading achievement plan.
124 (1) As used in this section, the "five domains of reading" include phonological
125 awareness, phonics, fluency, comprehension, and vocabulary.
126 (2) (a) The Legislature recognizes that:
127 (i) reading is the most fundamental skill, the gateway to knowledge and lifelong
128 learning;
129 (ii) there is an ever increasing demand for literacy in the highly technological society
130 we live in;
131 (iii) students who do not learn to read will be economically and socially disadvantaged;
132 (iv) reading problems exist in almost every classroom;
133 (v) almost all reading failure is preventable if reading difficulties are diagnosed and
134 treated by no later than the end of the third grade; and
135 (vi) early identification and treatment of reading difficulties can result in students
136 learning to read by the end of the third grade.
137 (b) It is therefore the long-term goal of the state to have every student in the state's
138 public education system reading on or above grade level by the end of the third grade.
139 (3) (a) Each public school containing kindergarten, grade 1, grade 2, or grade 3,
140 including charter schools, shall develop, in conjunction with all other school planning
141 processes and requirements, a reading achievement plan for its students in kindergarten through
142 grade 3 to reach the reading goal set in Subsection (2)(b).
143 (b) The reading achievement plan shall be:
144 (i) developed under the direction of:
145 (A) the school community council or a subcommittee or task force created by the
146 school community council, in the case of a school district school; or
147 (B) the charter school governing board or a subcommittee or task force created by the
148 governing board, in the case of a charter school; and
149 (ii) implemented by the school's principal, teachers, and other appropriate school staff.
150 (c) The school principal shall take primary responsibility to provide leadership and
151 allocate resources and support for teachers and students, most particularly for those who are

152 reading below grade level, to achieve the reading goal.
153 (d) Each reading achievement plan shall include:
154 (i) an assessment component that:
155 (A) focuses on ongoing formative assessment to measure the five domains of reading,
156 as appropriate, and inform instructional decisions; and
157 (B) includes a reading assessment selected from a list recommended by the State Board
158 of Education;
159 (ii) an intervention component:
160 (A) that provides adequate and appropriate interventions focused on each student
161 attaining proficiency in reading skills;
162 (B) based on best practices identified through proven researched-based methods;
163 (C) that provides intensive intervention, such as focused instruction in small groups,
164 implemented at the earliest possible time for students having difficulty in reading;
165 (D) that provides an opportunity for parents to receive materials and guidance so that
166 they will be able to assist their children in attaining proficiency in reading skills; and
167 (E) that, as resources allow, involves a reading specialist; and
168 (iii) a reporting component that includes reporting to parents:
169 (A) their child's literacy profile which documents ongoing formative assessment
170 results; and
171 (B) at the end of third grade, their child's reading level.
172 (e) In developing or reviewing a reading achievement plan, a school community
173 council, charter school governing board, or a subcommittee or task force of a school
174 community council or charter school governing board may not have access to data that reveal
175 the identity of students.
176 (4) (a) The school district shall approve each plan developed by schools within the
177 district prior to its implementation and review each plan annually.
178 (b) The charter school governing board shall approve each plan developed by schools
179 under its control and review each plan annually.
180 Section 4. Section 53A-1-607 is amended to read:
181 53A-1-607. Scoring -- Reports of results.
182 (1) Each local school board and charter school shall submit all answer sheets for the

183 achievement tests administered under U-PASS on a per-school and per-class basis to the state
184 superintendent of public instruction for scoring unless the test requires scoring by a national
185 testing service.
186 (2) The district and school results of the U-PASS testing program, but not the score or
187 relative position of individual students, shall be reported to each local school board or charter
188 school governing board annually at a regularly scheduled meeting.
189 (3) Each local board and charter school governing board shall make copies of the
190 report available to the general public upon request.
191 (4) The board may charge a fee for the copying costs.
192 (5) The State Board of Education shall annually provide to school districts and charter
193 schools a comprehensive report for each of their students showing the student's U-PASS test
194 results for each year the student took a U-PASS test. School districts and charter schools shall
195 give a copy of the comprehensive report to the student's parents and make the report available
196 to school staff, as appropriate.
197 Section 5. Section 53A-1-612 is amended to read:
198 53A-1-612. Basic Skills Education Stipend Program.
199 (1) As used in this section:
200 (a) "Basic skills education" means individual or group instruction, including
201 assessments, designed to develop the skills and knowledge necessary to pass the Utah Basic
202 Skills Competency Test.
203 (b) "Basic skills provider" means:
204 (i) a school district;
205 (ii) a charter school;
206 (iii) an accredited public or private educational institution; or
207 (iv) other entity that meets board requirements pursuant to Subsection (12).
208 (c) "Program" means the Basic Skills Education Stipend Program.
209 (d) "Stipend recipient" means a student who receives a stipend under this section.
210 (e) "Utah Basic Skills Competency Test" or "UBSCT" means the basic skills
211 competency test administered to students pursuant to Section 53A-1-611 .
212 (2) The Basic Skills Education Stipend Program is created to provide students who
213 have not passed the UBSCT supplemental instruction in the skills and knowledge necessary to

214 pass the test.
215 (3) The State Board of Education shall administer the Basic Skills Education Stipend
216 Program.
217 (4) (a) A student may receive a stipend for basic skills education if:
218 [(i) (A) by the spring of the student's junior year the student has not passed the
219 UBSCT; and]
220 [(B)] (i) the student's score on one more subtests is below the midpoint of the partial
221 mastery range;
222 (ii) the student's parent or guardian is a Utah resident;
223 (iii) the student is enrolled full-time in a public school in the state; and
224 (iv) the student does not qualify for the Utah Alternative Assessment.
225 (b) A student who meets the criteria of Subsection (4)(a) may receive a stipend for
226 basic skills education in the subject of each subtest failed. Depending upon the number of
227 subtests failed, a student may receive one, two, or three stipends. A student may receive a
228 stipend only once for each subtest failed.
229 (5) Stipend amounts shall be based on a student's subtest score as follows:
230 (a) $500, if the student's subtest score was below the midpoint of the partial mastery
231 range but above the minimal mastery range;
232 (b) $1,000, if the student's subtest score was below the partial mastery range, but above
233 or at the midpoint of the minimal mastery range; or
234 (c) $1,500, if the student's subtest score was below the midpoint of the minimal
235 mastery range.
236 (6) A stipend recipient may apply for basic skills education from any basic skills
237 provider.
238 (7) Each basic skill provider shall accept stipend recipients on a first come/first served
239 basis.
240 (8) A stipend recipient shall give the following to the basic skills provider selected to
241 provide basic skills education:
242 (a) a voucher in the amount of the stipend which the basic skills educator may present
243 for payment by the board if the stipend recipient passes the subtest corresponding to the basic
244 skills education provided by the basic skills provider; and

245 (b) an authorization signed by the stipend recipient's parent or guardian for the stipend
246 recipient's school to release records of the stipend recipient to the basic skills provider, if the
247 basic skills provider is not the school district or charter school in which the stipend recipient is
248 enrolled.
249 (9) A basic skills provider who possesses a voucher shall receive payment from the
250 board in the amount of the stipend, if, on a subsequent administration of the UBSCT, the
251 stipend recipient passes the subtest corresponding to the basic skills education provided by the
252 basic skills provider.
253 (10) (a) A basic skills provider may charge a stipend recipient an amount in addition to
254 that paid by the board.
255 (b) The additional amount charged by a basic skills provider shall be:
256 (i) consistent with the restriction in Utah Constitution Article X, Section 2;
257 (ii) disclosed to the stipend recipient's parent or guardian when the stipend recipient
258 applies for basic skills education; and
259 (iii) reported to the board before receiving payment from the board.
260 (c) A basic skills provider may not make any additional charge or refund of a charge
261 contingent upon a stipend recipient's passing or failing a UBSCT subtest.
262 (11) (a) Stipends shall be awarded by the board subject to the availability of money
263 appropriated by the Legislature for that purpose.
264 (b) The Legislature shall annually appropriate money to the board from the General
265 Fund to make stipend payments.
266 (c) If monies are not available to pay for all stipends requested, the stipends shall be
267 allocated according to rules adopted by the State Board of Education.
268 (12) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
269 the State Board of Education shall make rules:
270 (a) establishing qualifications for basic skills providers who are not school districts,
271 high schools, or accredited public or private educational institutions;
272 (b) establishing procedures for the administration of the Basic Skills Education Stipend
273 Program; and
274 (c) requiring the parent or guardian of a stipend recipient who selects a basic skills
275 provider other than the school district or charter school in which the stipend recipient is

276 enrolled to sign:
277 (i) an acknowledgment that the school district or charter school is released from further
278 remediation responsibility for the stipend recipient; and
279 (ii) if the student has an IEP, an acknowledgment that offering a voucher to the basic
280 skill provider has the same effect as a parental refusal to consent to services pursuant to Section
281 614(a)(1) of the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
281a S. (13) School districts and charter schools shall provide each student who qualifies for a
281b basic skills education stipend information about the Basic Skills Education Stipend Program,
281c including:
281d (a) voucher applications; and
281e (b) how to access a list of approved public and private providers. .S
282 Section 6. Section 53A-3-602.5 is amended to read:
283 53A-3-602.5. School performance report -- Components -- Annual filing.
284 (1) The State Board of Education in collaboration with the state's [40] school districts
285 and charter schools shall develop a school performance report to inform the state's residents of
286 the quality of schools and the educational achievement of students in the state's public
287 education system.
288 (2) The report shall be written and include the following statistical data for each school
289 in each school district and each charter school, as applicable, and shall also aggregate the data
290 at the district and state level:
291 (a) except as provided in Subsection (2)(a)(ii), test scores over the previous year on:
292 (i) norm-referenced achievement tests;
293 (ii) criterion-referenced tests [beginning with the 2001-02 school year,] to include the
294 scores aggregated for all students by grade level or course for the previous two years and an
295 indication of whether there was a sufficient magnitude of gain in the scores between the two
296 years;
297 (iii) writing assessments required under Section 53A-1-603 ; and
298 (iv) tenth grade basic skills competency tests required under Section 53A-1-603 ;
299 (b) college entrance examinations, including the number and percentage of each
300 graduating class taking the examinations for the previous four years;
301 (c) advanced placement and concurrent enrollment data, including:
302 (i) the number of students taking advanced placement and concurrent enrollment
303 courses;
304 (ii) the number and percent of students taking a specific advanced placement course
305 who take advanced placement tests to receive college credit for the course;
306 (iii) of those students taking the test referred to in Subsection (2)(c)(ii), the number and

307 percent who pass the test; and
308 (iv) of those students taking a concurrent enrollment course, the number and percent of
309 those who receive college credit for the course;
310 (d) the number and percent of students [through] in grade [ten] 3 reading at or above
311 grade level;
312 (e) the number and percent of students who were absent from school ten days or more
313 during the school year;
314 (f) achievement gaps that reflect the differences in achievement of various student
315 groups as defined by State Board of Education rule;
316 (g) the number and percent of "student dropouts" within the district as defined by State
317 Board of Education rule;
318 (h) course-taking patterns and trends in secondary schools;
319 (i) student mobility;
320 (j) staff qualifications, to include years of professional service and the number and
321 percent of staff who have a degree or endorsement in their assigned teaching area and the
322 number and percent of staff who have a graduate degree;
323 (k) the number and percent of parents who participate in SEP, SEOP, and
324 parent-teacher conferences;
325 (l) average class size by grade level and subject;
326 (m) average daily attendance as defined by State Board of Education rule, including
327 every period in secondary schools; and
328 (n) enrollment totals disaggregated with respect to race, ethnicity, gender, limited
329 English proficiency, and those students who qualify for free or reduced price school lunch.
330 (3) The State Board of Education, in collaboration with the state's school districts and
331 charter schools, shall provide for the collection and electronic reporting of the following data
332 for each school in each school district and each charter school:
333 (a) test scores and trends over the previous four years on the tests referred to in
334 Subsection (2)(a);
335 (b) the average grade given in each math, science, and English course in grades 9
336 through 12 for which criteria-referenced tests are required under Section 53A-1-603 ;
337 (c) incidents of student discipline as defined by State Board of Education rule,

338 including suspensions, expulsions, and court referrals; and
339 (d) the number and percent of students receiving fee waivers and the total dollar
340 amount of fees waived.
341 (4) (a) The State Board of Education shall adopt common definitions and data
342 collection procedures for local school boards and charter schools to use in collecting and
343 forwarding the data required under Subsections (2) and (3) to the state superintendent of public
344 instruction.
345 (b) The state board, through the state superintendent of public instruction, shall adopt
346 standard reporting forms and provide a common template for collecting and reporting the data,
347 which shall be used by all school districts and charter schools.
348 (c) The state superintendent shall use the automated decision support system referred to
349 in Section 53A-1-301 to collect and report the data required under Subsections (2) and (3).
350 (5) [(a) For the school year ending June 30, 2003, and for each year thereafter, the] The
351 state board, through the state superintendent of public instruction, shall issue its report annually
352 by October 1 to include the required data from the previous school year or years as indicated in
353 Subsections (2) and (3).
354 [(b) The state board shall determine the nature and extent of longitudinal data to be
355 reported under Subsections (2)(b), (c), and (d) and (3)(a) during the first three years of the
356 reporting program, with the baseline reporting year beginning July 1, 2002 and ending June 30,
357 2003.]
358 (6) (a) Each local school board and each charter school shall receive a written or an
359 electronic copy of the report from the state superintendent of public instruction containing the
360 data for that school district or charter school in a clear summary format and have it distributed,
361 on a one per household basis, to the residence of students enrolled in the school district before
362 November 30th of each year.
363 (b) Each local school board, each charter school, and the state board shall have a
364 complete report of the statewide data available for copying or in an electronic format at their
365 respective offices.
366 Section 7. Repealer.
367 This bill repeals:
368 Section 53A-1-606, Mastery of reading skills.

Legislative Review Note
as of 1-24-07 4:50 PM

Office of Legislative Research and General Counsel