H.B. 328

1

TEACHER QUALITY AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gregory H. Hughes
5 Senate Sponsor: Howard A. Stephenson
6
7 LONG TITLE
8 General Description:
9 This bill creates a program to pilot the development and implementation of
10 performance-based compensation plans for elementary school teachers and modifies
11 reporting requirements for certain student achievement tests.
12 Highlighted Provisions:
13 This bill:
14 . directs the State Board of Education to solicit and award grants on a competitive
15 basis to school districts and charter schools to develop and implement
16 performance-based compensation plans for elementary school teachers;
17 . requires the performance-based compensation plans to include certain performance
18 criteria; and
19 . requires criterion-referenced test results to be reported by class.
20 Monies Appropriated in this Bill:
21 This bill appropriates:
22 . as an ongoing appropriation subject to future constraints, $300,000 from the
23 Uniform School Fund to the State Board of Education.
24 Other Special Clauses:
25 This bill takes effect on July 1, 2009.
26 Utah Code Sections Affected:
27 AMENDS:

28 53A-1-607, as last amended by Laws of Utah 2007, Chapter 244
29 53A-3-602.5, as last amended by Laws of Utah 2007, Chapters 112 and 244
30 63I-1-253, as last amended by Laws of Utah 2008, Chapter 250 and renumbered and
31 amended by Laws of Utah 2008, Chapter 382
32 ENACTS:
33 53A-17a-163, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 53A-1-607 is amended to read:
37 53A-1-607. Scoring -- Reports of results.
38 (1) Each local school board and charter school shall submit all answer sheets for the
39 achievement tests administered under U-PASS on a per-school and per-class basis to the state
40 superintendent of public instruction for scoring unless the test requires scoring by a national
41 testing service.
42 (2) The district [and], school, and class results of the U-PASS testing program, but not
43 the score or relative position of individual students, shall be reported to each local school board
44 or charter school governing board annually at a regularly scheduled meeting.
45 (3) Each local board and charter school governing board shall make copies of the
46 report available to the general public upon request.
47 (4) The board may charge a fee for the copying costs.
48 (5) The State Board of Education shall annually provide to school districts and charter
49 schools a comprehensive report for each of their students showing the student's U-PASS test
50 results for each year the student took a U-PASS test. School districts and charter schools shall
51 give a copy of the comprehensive report to the student's parents and make the report available
52 to school staff, as appropriate.
53 Section 2. Section 53A-3-602.5 is amended to read:
54 53A-3-602.5. School performance report -- Components -- Annual filing.
55 (1) The State Board of Education in collaboration with the state's school districts and
56 charter schools shall develop a school performance report to inform the state's residents of the
57 quality of schools and the educational achievement of students in the state's public education
58 system.

59 (2) The report shall be written and include the following statistical data for each school
60 in each school district and each charter school, as applicable, and shall also aggregate the data
61 at the district and state level:
62 (a) except as provided in Subsection (2)(a)(ii), test scores over the previous year on:
63 (i) norm-referenced achievement tests;
64 (ii) criterion-referenced tests to include the scores aggregated for all students:
65 (A) by grade level or course for the previous two years and an indication of whether
66 there was a sufficient magnitude of gain in the scores between the two years; and
67 (B) by class;
68 (iii) writing assessments required under Section 53A-1-603 ; and
69 (iv) tenth grade basic skills competency tests required under Section 53A-1-603 ;
70 (b) college entrance examinations data, including the number and percentage of each
71 graduating class taking the examinations for the previous four years;
72 (c) advanced placement and concurrent enrollment data, including:
73 (i) the number of students taking advanced placement and concurrent enrollment
74 courses;
75 (ii) the number and percent of students taking a specific advanced placement course
76 who take advanced placement tests to receive college credit for the course;
77 (iii) of those students taking the test referred to in Subsection (2)(c)(ii), the number and
78 percent who pass the test; and
79 (iv) of those students taking a concurrent enrollment course, the number and percent of
80 those who receive college credit for the course;
81 (d) the number and percent of students in grade 3 reading at or above grade level;
82 (e) the number and percent of students who were absent from school ten days or more
83 during the school year;
84 (f) achievement gaps that reflect the differences in achievement of various student
85 groups as defined by State Board of Education rule;
86 (g) the number and percent of "student dropouts" within the district as defined by State
87 Board of Education rule;
88 (h) course-taking patterns and trends in secondary schools;
89 (i) student mobility;

90 (j) staff qualifications, to include years of professional service and the number and
91 percent of staff who have a degree or endorsement in their assigned teaching area and the
92 number and percent of staff who have a graduate degree;
93 (k) the number and percent of parents who participate in SEP, SEOP, and
94 parent-teacher conferences;
95 (l) average class size by grade level and subject;
96 (m) average daily attendance as defined by State Board of Education rule, including
97 every period in secondary schools; and
98 (n) enrollment totals disaggregated with respect to race, ethnicity, gender, limited
99 English proficiency, and those students who qualify for free or reduced price school lunch.
100 (3) The State Board of Education, in collaboration with the state's school districts and
101 charter schools, shall provide for the collection and electronic reporting of the following data
102 for each school in each school district and each charter school:
103 (a) test scores and trends over the previous four years on the tests referred to in
104 Subsection (2)(a);
105 (b) the average grade given in each math, science, and English course in grades 9
106 through 12 for which criteria-referenced tests are required under Section 53A-1-603 ;
107 (c) incidents of student discipline as defined by State Board of Education rule,
108 including suspensions, expulsions, and court referrals; and
109 (d) the number and percent of students receiving fee waivers and the total dollar
110 amount of fees waived.
111 (4) (a) (i) The State Board of Education shall adopt common definitions and data
112 collection procedures for local school boards and charter schools to use in collecting and
113 forwarding the data required under Subsections (2) and (3) to the state superintendent of public
114 instruction.
115 (ii) Average class size by grade and subject shall be calculated for the purposes of
116 Subsection (2)(l) in accordance with the following:
117 (A) for kindergarten through grade six, average class size by grade shall be calculated
118 by dividing grade membership on October 1 by the number of classes in the corresponding
119 grade; and
120 (B) for grades seven through twelve, average class size shall be calculated for core

121 language arts, mathematics, and science courses by dividing membership on October 1 in core
122 language arts, mathematics, or science course classes by the number of classes for the
123 corresponding course.
124 (b) The state board, through the state superintendent of public instruction, shall adopt
125 standard reporting forms and provide a common template for collecting and reporting the data,
126 which shall be used by all school districts and charter schools.
127 (c) The state superintendent shall use the automated decision support system referred to
128 in Section 53A-1-301 to collect and report the data required under Subsections (2) and (3).
129 (5) The state board, through the state superintendent of public instruction, shall issue its
130 report annually by October 1 to include the required data from the previous school year or years
131 as indicated in Subsections (2) and (3).
132 (6) (a) Each local school board and each charter school shall receive a written or an
133 electronic copy of the report from the state superintendent of public instruction containing the
134 data for that school district or charter school in a clear summary format and have it distributed,
135 on a one per household basis, to the residence of students enrolled in the school district before
136 November 30th of each year.
137 (b) Each local school board, each charter school, and the state board shall have a
138 complete report of the statewide data available for copying or in an electronic format at their
139 respective offices.
140 Section 3. Section 53A-17a-163 is enacted to read:
141 53A-17a-163. Performance-based Compensation Pilot Program.
142 (1) The Performance-based Compensation Pilot Program is created to pilot the
143 development and implementation of performance-based compensation plans for elementary
144 school teachers.
145 (2) From monies appropriated by the Legislature for the Performance-based
146 Compensation Pilot Program, the State Board of Education shall award grants to school
147 districts and charter schools to develop and implement performance-based compensation plans
148 for elementary school teachers.
149 (3) The State Board of Education shall:
150 (a) solicit proposals from school districts and charter schools for the use of grant
151 monies to develop and implement performance-based compensation plans for elementary

152 school teachers; and
153 (b) award grants on a competitive basis.
154 (4) To receive a grant, a school district or charter school shall submit a proposal to the
155 State Board of Education to develop and implement a performance-based compensation plan
156 over a two-year period as follows:
157 (a) In the first year, the school district or charter school shall develop, administer, and
158 evaluate performance measures.
159 (b) In the second year, the school district or charter school shall administer
160 performance measures and compensate educators based on performance.
161 (c) A performance-based compensation plan shall provide that:
162 (i) student learning gains shall account for 40% of the maximum amount of
163 performance-based compensation that may be awarded to a teacher;
164 (ii) a teacher's instructional quality as measured by classroom observations or other
165 instruments shall account for 40% of the maximum amount of performance-based
166 compensation that may be awarded to a teacher; and
167 (iii) the remaining 20% of the maximum amount that may be awarded to a teacher shall
168 include a measure of parent, student, or community satisfaction.
169 (d) A proposal shall include a budget and specify the amount of grant monies
170 requested.
171 (e) A school district's proposal may apply to one or more elementary schools within the
172 district.
173 Section 4. Section 63I-1-253 is amended to read:
174 63I-1-253. Repeal dates, Titles 53, 53A, and 53B.
175 The following provisions are repealed on the following dates:
176 (1) Section 53-3-232 , Conditional licenses, is repealed July 1, 2015.
177 (2) Title 53A, Chapter 1a, Part 6, Public Education Job Enhancement Program is
178 repealed July 1, 2010.
179 (3) Title 53A, Chapter 1a, Part 9, Voluntary Extended-day Kindergarten Program, is
180 repealed July 1, 2011.
181 (4) The State Instructional Materials Commission, created in Section 53A-14-101 , is
182 repealed July 1, 2011.

183 (5) Section 53A-17a-163 , Performance-based Compensation Pilot Program is repealed
184 July 1, 2011.
185 Section 5. Appropriation.
186 As an ongoing appropriation subject to future budget constraints, there is appropriated
187 $300,000 from the Uniform School Fund for fiscal year 2009-10 to the State Board of
188 Education for the Performance-based Compensation Pilot Program.
189 Section 6. Effective date.
190 This bill takes effect on July 1, 2009.




Legislative Review Note
as of 2-4-09 10:19 AM

Office of Legislative Research and General Counsel