First Substitute S.B. 159

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House Floor Amendments 3-12-2009 je/dsl This document includes House Floor Amendments incorporated into the bill on Thu, Mar 12, 2009 at 10:37 PM by jeyring. --> Senator Howard A. Stephenson proposes the following substitute bill:

1 MATH EDUCATION INITIATIVE
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Howard A. Stephenson
5 House Sponsor: Merlynn T. Newbold
6
7 LONG TITLE
8 General Description:
9 This bill creates a program that awards grants for the improvement of math education.
10 Highlighted Provisions:
11 This bill:
12 . requires the Legislature to annually appropriate money to the State Board of
13 Education for the Math Education Initiative, subject to future budget constraints;
14 . directs the State Board of Education to use monies appropriated for the Math
15 Education Initiative to award grants to:
16 . school districts and charter schools to help pay for costs to adopt Singapore
17 math H. or other research-validated math program .H ; and
18 . institutions of higher education or nonprofit education organizations for math
19 teacher training programs;
20 . requires a school district or charter school that participates in the Math Education
21 Initiative to:
22 . offer Singapore math H. or other research-validated math program .H in
22a grades kindergarten through six and certain courses at
23 the secondary school level; and
24 . provide professional development to teachers in Singapore math H. or other
24a research-validated math program .H ;
25 . requires the State Board of Education to make rules establishing criteria for

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House Floor Amendments 3-12-2009 je/dsl 26

awarding grants for math teacher training programs; and
27 . directs the State Board of Education to:
28 . appoint an advisory committee to make recommendations regarding the
29 implementation of the Math Education Initiative; and
30 . contract with an independent, qualified evaluator, selected through a request for
31 proposals process, to evaluate the effect of instruction in Singapore math H. or other research-
31a validated math program .H on
32 student achievement.
33 Monies Appropriated in this Bill:
34 This bill appropriates:
35 . H. [ as an ongoing appropriation subject to future budget constraints, $500,000 ]
35a $250,000 .H from the
36 Uniform School Fund for fiscal year 2009-10 H. only .H to the State Board of Education.
37 Other Special Clauses:
38 This bill provides an effective date.
39 Utah Code Sections Affected:
40 AMENDS:
40a H. 53A-17a-148, as last amended by Laws of Utah 2008, Chapter 289 .H
41 63I-2-253, as last amended by Laws of Utah 2008, Second Special Session, Chapter 6
42 ENACTS:
43 53A-13-401, Utah Code Annotated 1953
44 53A-13-402, Utah Code Annotated 1953
45 53A-13-403, Utah Code Annotated 1953
46 53A-13-404, Utah Code Annotated 1953
47 53A-13-405, Utah Code Annotated 1953
48 53A-13-406, Utah Code Annotated 1953
49 53A-13-407, Utah Code Annotated 1953
50 53A-13-408, Utah Code Annotated 1953
51
52 Be it enacted by the Legislature of the state of Utah:
53 Section 1. Section 53A-13-401 is enacted to read:
54 Part 4. Math Education Initiative
55 53A-13-401. Definitions.
56 As used in this section:

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House Floor Amendments 3-12-2009 je/dsl 57

(1) "Board" means the State Board of Education.
58 (2) "Singapore math" means the math curriculum created by the education ministry in
59 Singapore for use in Singapore schools and encompassing the textbooks, workbooks, and other
60 materials based on the math curriculum.
61 Section 2. Section 53A-13-402 is enacted to read:
62 53A-13-402. Purposes of the Math Education Initiative -- Public-private
63 partnerships encouraged.
64 (1) The Math Education Initiative is created to:
65 (a) make Utah the premier state for math education and a recognized source of skilled
66 scientists and engineers;
67 (b) meet the demand of Utah employers for workers with high math skills; and
68 (c) entice companies that require a highly skilled technical workforce to locate in the
69 state.
70 (2) The formation of public-private partnerships is encouraged to advance the purposes
71 of the Math Education Initiative.
72 Section 3. Section 53A-13-403 is enacted to read:
73 53A-13-403. Annual appropriation for Math Education Initiative -- Use of Math
74 Education Initiative monies.
75 (1) Subject to future budget constraints, the Legislature shall:
76 (a) annually appropriate money to the State Board of Education for the Math Education
77 Initiative; and
78 (b) increase appropriations for the Math Education Initiative as the state's capacity to
79 provide professional development to teachers in Singapore math H. or other research-validated
79a math program .H expands.
80 (2) From monies appropriated for the Math Education Initiative, the State Board of
81 Education shall:
82 (a) award grants to:
83 (i) school districts and charter schools to help pay for a school district's or charter
84 school's costs of adopting Singapore math H. or other research-validated math program .H as
84a provided by Section 53A-13-404 ; and
85 (ii) institutions of higher education or nonprofit educational organizations for math
86 teacher training programs as provided in Section 53A-13-407 ; and
87 (b) contract with an independent, qualified evaluator, selected through a request for

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proposals process, to evaluate the effect of instruction in Singapore math H. or other research-
88a validated math program .H on student
89 achievement.
90 Section 4. Section 53A-13-404 is enacted to read:
91 53A-13-404. Grants to school districts and charter schools.
92 (1) Participation in the Math Education Initiative is voluntary for school districts and
93 charter schools and is based on a competitive grant proposal process.
94 (2) The board may award grants of up to $150 per student for the portion of a school
95 district's or charter school's kindergarten through grade eight enrollment that participates in the
96 Math Education Initiative for the first time.
97 (3) A school district or charter school may use the grant monies to pay for Singapore
98 math H. or other research-validated math program .H instructional materials or professional
98a development in teaching Singapore math H. or other research-validated math program .H .
99 Section 5. Section 53A-13-405 is enacted to read:
100 53A-13-405. Requirements of school districts and charter schools to participate in
101 the Math Education Initiative.
102 (1) A school district or charter school that participates in the Math Education Initiative:
103 (a) (i) shall adopt Singapore math H. or other research-validated math program .H for
103a grades kindergarten through six, except as
104 provided in Subsection (2); and
105 (ii) may adopt Singapore math H. or other research-validated math program .H for
105a grades seven and eight;
106 (b) shall at the secondary school level, offer:
107 (i) honors and regular sections of algebra 1, geometry, and algebra 2, taught from a
108 small group of high quality textbooks recommended by the State Board of Education;
109 (ii) an honors pre-calculus course that corresponds to college algebra and trigonometry
110 at Utah higher education institutions so that high achieving students can receive college credit
111 through concurrent enrollment; and
112 (iii) calculus and statistics courses that meet the standards for the Advanced Placement
113 exams;
114 (c) shall administer math achievement tests at the beginning and the end of the school
115 year; and
116 (d) shall provide professional development to teachers in Singapore math H. or other
116a research-validated math program .H .
117 (2) (a) A school district or charter school may phase in the adoption of Singapore math
117a H. or other research-validated math program .H
118 in grades kindergarten through eight over two or more years.

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(b) A school district may phase in the adoption of Singapore math H. or other research-
119a validated math program .H throughout schools
120 in the school district over two or more years.
121 (3) If a school district or charter school has insufficient enrollment in a higher level
122 math class listed in Subsection (1)(b) to justify the cost of hiring an instructor for the class, the
123 school district or charter school may offer the class through distance education, including
124 interactive video conferencing or online instruction.
125 Section 6. Section 53A-13-406 is enacted to read:
126 53A-13-406. Advisory committee.
127 (1) The board shall appoint an advisory committee to:
128 (a) evaluate Singapore math H. or other research-validated math program .H
128a instructional materials and make recommendations to
129 school districts and charter schools for the adoption of Singapore math H. or other research-
129a validated math program .H instructional materials;
130 (b) make recommendations to school districts and charter schools that participate in the
131 Math Education Initiative on professional development in math, including:
132 (i) the qualifications of individuals who provide professional development in
133 Singapore math H. or other research-validated math program .H ; and
134 (ii) the extent and content of initial and continuing professional development in
135 Singapore math H. or other research-validated math program .H ; and
136 (c) review grant proposals submitted by school districts and charter schools to adopt
137 Singapore math H. or other research-validated math program .H and make recommendations
137a to the board on awarding grants.
138 (2) In reviewing and making recommendations to the board on grant proposals, the
139 advisory council shall consider:
140 (a) the extent and content of professional development for teachers of Singapore math
140a H. or other research-validated math program .H ;
141 (b) the quality of instructional materials;
142 (c) the grade seven and eight math curricula; and
143 (d) elementary and secondary math class schedules, including the number of days and
144 hours per week each class is scheduled.
145 (3) The advisory committee appointed under Subsection (1) shall consist of five
146 members of whom:
147 (a) three members shall be mathematicians who serve or have served as a math
148 professor at a higher education institution in Utah that offers graduate level degrees in math;
149 and

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House Floor Amendments 3-12-2009 je/dsl 150

(b) two additional members shall have a high level of expertise in mathematics.
151 Section 7. Section 53A-13-407 is enacted to read:
152 53A-13-407. Grants for math teacher training programs.
153 (1) Subject to funding for the programs, H. [ beginning on July 1, 2010, ] .H the
153a board may
154 award grants to institutions of higher education or nonprofit educational organizations for
155 programs that provide training leading to a secondary education license with an endorsement in
156 mathematics for an individual who:
157 (a) is not a teacher in a public or private school;
158 (b) does not have a teaching license;
159 (c) has a bachelor's degree or higher; and
160 (d) demonstrates a high level of mathematics competency by:
161 (i) successfully completing substantial coursework in mathematics; and
162 (ii) passing a mathematics content exam.
163 (2) (a) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
164 Administrative Rulemaking Act, that establish criteria for awarding grants under this section.
165 (b) In awarding grants, the board shall consider the amount or percent of matching
166 funds provided by the grant recipient.
166a H. Section 8. Section 53A-17A-148 is amended to read:
166b 53A-17a-148. Use of nonlapsing balances.
166c (1) As used in this section:
166d (a) "Education entity" means a school district, charter school, or the Utah Schools for the Deaf
166e and the Blind.
166f (b) (i) "New educator" means a person who:
166g (A) is an educator as defined in Section 53A-17a-153;
166h (B) is hired by an education entity to begin teaching during the 2008-09 school year;
166i (C) did not work in this state as an educator for an education entity during the 2007-08 school
166j year; and
166k (D) has never received a signing bonus in this state.
166l (ii) A new educator may include a person who is returning to education after one or more
166m years of interrupted service.
166n (2) The State Board of Education may use Minimum School Program nonlapsing balances to
166o restore special education funding as follows:
166p (a) up to $902,538 is authorized in fiscal year 2005-06; and
166q (b) up to $902,538 is authorized in fiscal year 2006-07.
166r (3) The State Board of Education shall use Minimum School Program nonlapsing balances in
166s fiscal year 2008-09 as follows:
166t (a) $5,000,000 shall be allocated to education entities to provide one-time signing bonuses for
166u new educators as provided under Subsection (4), including money for the following employer-paid
166v benefits:
166w (i) retirement;

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H. (ii) workers' compensation;
166y (iii) Social Security; and
166z (iv) Medicare; and
166aa (b) $20,000,000 shall be allocated to education entities to provide one-time performance-based
166ab compensation as provided under Subsection (5).
166ac (4) (a) Subject to the availability of funding, education entities shall provide a one-time signing
166ad bonus of $1,000 to a new educator.
166ae (b) If the total cost of bonuses and employer-paid benefits under Subsection (4)(a) for all
166af education entities exceeds $5,000,000, all bonuses shall be reduced pro rata so that the total cost does
166ag not exceed $5,000,000.
166ah (c) To qualify for a bonus, a new educator shall:
166ai (i) be hired prior to October 1, 2008; and
166aj (ii) work for at least 90 days for the education entity.
166ak (5) (a) The $20,000,000 for performance-based compensation shall be allocated to qualifying
166al education entities on a per pupil basis.
166am (b) (i) To receive an allocation under Subsection (5)(a), an education entity shall:
166an (A) submit, prior to July 1, 2008, a written performance-based compensation plan to the State
166ao Board of Education that conforms to guidelines established by the State Board of Education in rule;
166ap and
166aq (B) receive approval of the plan by the State Board of Education.
166ar (ii) The performance-based compensation plan shall provide specific information about how
166as the education entity intends to spend its allocation, including:
166at (A) who is eligible for the performance-based compensation;
166au (B) criteria for awarding performance-based compensation;
166av (C) the instruments or assessments that may be used to measure or evaluate performance;
166aw (D) the amount of performance-based compensation that may be awarded; and
166ax (E) whether the performance-based compensation will be based on individual, team, or
166ay school-based performance, or a combination of those.
166az (iii) The State Board of Education shall send the approved plans to the Executive
166ba Appropriations Committee and the Education Interim Committee by August 1, 2008 for review and
166bb comment.
166bc (c) (i) An education entity shall award performance-based compensation from monies
166bd distributed under this section for employee performance during the 2008-09 school year.
166be (ii) Performance-based compensation monies may only be used in accordance with an
166bf education entity's performance-based compensation plan.
166bg (iii) If an education entity uses performance-based compensation monies for purposes other
166bh than those stated in this Subsection (5) and its performance-based compensation plan, the education
166bi entity shall reimburse the monies that were improperly used.
166bj (d) An education entity that awards performance-based compensation from monies
166bk distributed under this section shall report the following information to the Executive Appropriations
166bl Committee by June 30, 2009:
166bm (i) the number of employees who received performance-based compensation;
166bn (ii) the total number of employees; .H

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(iii) the average performance-based compensation awarded to employees; and
166bp (iv) the maximum performance-based compensation awarded to an employee.
166bq (6) The State Board of Education may make rules as necessary to administer this section, in
166br accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
166bs (7) In fiscal year 2009-10, the State Board of Education shall redirect the use of $250,000 of
166bt Minimum School Program nonlapsing balances from the program created in Section 53A-17a-152 to
166bu improve mathematics achievement test scores of students in grades four through six to math teacher
166bv training programs as provided in Section 53A-13-409. .H
167 Section H. [ 8 ] 9 .H . Section 53A-13-408 is enacted to read:
168 53A-13-408. Annual report.
169 (1) Through 2012, the State Board of Education shall make a report to the Education
170 Interim Committee after each year of instruction in Singapore math H. or other research-
170a validated math program .H in Utah schools.
171 (2) The report shall include an evaluation of the effect of instruction in Singapore math
172 H. or other research-validated math program .H on student achievement.
173 Section H. [ 9 ] 10 .H . Section 63I-2-253 is amended to read:
174 63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
175 (1) Section 53A-1-403.5 is repealed July 1, 2012.
176 (2) Subsection 53A-1-603 (5) is repealed July 1, 2010.
177 (3) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2014.
178 (4) Section 53A-3-702 is repealed July 1, 2008.
179 (5) Section 53A-6-112 is repealed July 1, 2009.
180 (6) Subsection 53A-13-110 (3) is repealed July 1, 2013.

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(7) Section 53A-13-408 is repealed July 1, 2013.
182 [(7)] (8) Section 53A-17a-152 is repealed July 1, 2010.
183 [(8)] (9) Section 53A-17a-162 is repealed July 1, 2012.
184 Section H. [ 10 ] 11 .H . Appropriation.
185 H. [ As an ongoing appropriation subject to future budget constraints, there ] There .H
185a is appropriated
186 H. [ $500,000 ] $250,000 .H from the Uniform School Fund for fiscal year 2009-10 H. only .H
186a to the State Board of
187 Education for:
188 (1) grants to school districts and charter schools to adopt Singapore math H. or other
188a research-validated math program .H as provided
189 in Title 53A, Chapter 13, Part 4, Math Education Initiative; and
190 (2) an evaluation of the effect of instruction in Singapore math H. or other research-
190a validated math program .H on student achievement.
191 Section H. [ 11 ] 12 .H . Effective date.
192 (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
193 elected to each house, this bill takes effect upon approval by the governor, or the day following
194 the constitutional time limit of Utah Constitution Article VII, Section 8, without the governor's
195 signature, or in the case of a veto override.
196 (2) Uncodified Section 10, Appropriation, takes effect on July 1, 2009.