First Substitute S.B. 59

Senator Wayne L. Niederhauser proposes the following substitute bill:

1 SCHOOL GRADING SYSTEM
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Wayne L. Niederhauser
5 House Sponsor: Gregory H. Hughes
6
7 LONG TITLE
8 General Description:
9 This bill establishes a school grading system based on the performance of a school's
10 students on statewide assessments, and for high schools, the graduation rate and
11 measures that indicate college and career readiness.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . requires the State Board of Education to establish a school grading system in which
16 a school receives a grade of A, B, C, D, or F based on the performance of the
17 school's students on statewide assessments, and for a high school, the graduation
18 rate and measures that indicate college and career readiness;
19 . specifies the criteria upon which a school grade is based and procedures for
20 determining a school's grade;
21 . imposes requirements for the reporting of a school's grade; and
22 . directs the State Board of Education to:
23 . make rules, as necessary, to implement the school grading system; and
24 . make reports and recommendations for proposed legislation to the Education
25 Interim Committee.

26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 63A-3-402, as last amended by Laws of Utah 2009, Chapter 310
33 ENACTS:
34 53A-1-1101, Utah Code Annotated 1953
35 53A-1-1102, Utah Code Annotated 1953
36 53A-1-1103, Utah Code Annotated 1953
37 53A-1-1104, Utah Code Annotated 1953
38 53A-1-1105, Utah Code Annotated 1953
39 53A-1-1106, Utah Code Annotated 1953
40 53A-1-1107, Utah Code Annotated 1953
41 53A-1-1108, Utah Code Annotated 1953
42 53A-1-1109, Utah Code Annotated 1953
43 53A-1-1110, Utah Code Annotated 1953
44 53A-1-1111, Utah Code Annotated 1953
45 53A-1-1112, Utah Code Annotated 1953
46 53A-1-1113, Utah Code Annotated 1953
47
48 Be it enacted by the Legislature of the state of Utah:
49 Section 1. Section 53A-1-1101 is enacted to read:
50 Part 11. School Grading Act
51 53A-1-1101. Title.
52 This part is known as the "School Grading Act."
53 Section 2. Section 53A-1-1102 is enacted to read:
54 53A-1-1102. Definitions.
55 As used in this part:
56 (1) "High school" means a school that includes grade 12.

57 (2) "Statewide assessment" means any of the following assessments that are
58 administered statewide under Part 6, Achievement Tests:
59 (a) a criterion-referenced test of student achievement in language arts, mathematics, or
60 science, including a test administered in a computer adaptive format; or
61 (b) an online writing assessment.
62 Section 3. Section 53A-1-1103 is enacted to read:
63 53A-1-1103. State Board of Education to establish school grading system - Report
64 to Education Interim Committee.
65 (1) The State Board of Education shall establish a school grading system in accordance
66 with this part in which a school annually is designated a grade of A, B, C, D, or F based on the
67 performance of the school's students on statewide assessments, and for a high school, the
68 graduation rate and measures that indicate college and career readiness.
69 (2) The State Board of Education shall:
70 (a) model the school grading system described in this part using school performance
71 data for the 2010-11 school year;
72 (b) make periodic reports to the Education Interim Committee on the results of the
73 modeling and suggested modifications to the school grading system; and
74 (c) make recommendations for proposed legislation to the Education Interim
75 Committee on modifications to the school grading system by the committee's November
76 meeting.
77 (3) The school grading system shall take effect for the 2011-12 school year and shall
78 replace the U-PASS accountability system developed and implemented by the State Board of
79 Education.
80 Section 4. Section 53A-1-1104 is enacted to read:
81 53A-1-1104. Schools included in grading system.
82 (1) Except as provided in Subsection (2), a school that has students who take statewide
83 assessments shall receive a school grade.
84 (2) A school may not receive a school grade, if the number of a school's students tested
85 is less than the minimum sample size necessary, based on accepted professional practice for
86 statistical reliability or the prevention of the unlawful release of personally identifiable student
87 data under 20 U.S.C. Sec. 1232.

88 Section 5. Section 53A-1-1105 is enacted to read:
89 53A-1-1105. Criteria for determining school grades.
90 A school's grade shall be based on:
91 (1) the proficiency of a school's students in language arts, mathematics, science, and
92 writing as measured by statewide assessments;
93 (2) learning gains of a school's students on statewide assessments of language arts,
94 mathematics, and science achievement; and
95 (3) for a high school:
96 (a) the graduation rate; and
97 (b) measures indicating college and career readiness.
98 Section 6. Section 53A-1-1106 is enacted to read:
99 53A-1-1106. Calculation of points earned for students' proficiency in language
100 arts, mathematics, science, and writing.
101 (1) A school shall receive points for the proficiency of a school's students in language
102 arts, mathematics, science, and writing as follows:
103 (a) A school shall receive one point for each percent of the school's students who take a
104 statewide assessment of language arts achievement and score at or above the proficient level.
105 (b) A school shall receive one point for each percent of the school's students who take
106 a statewide assessment of mathematics achievement and score at or above the proficient level.
107 (c) A school shall receive one point for each percent of the school's students who take a
108 statewide assessment of science achievement and score at or above the proficient level.
109 (d) A school shall receive 0.5 points for each percent of the school's students who take
110 a statewide assessment of writing achievement and score at or above the proficient level.
111 (2) (a) A school may earn a maximum of 100 points for each of the criteria listed in
112 Subsections (1)(a), (1)(b), and (1)(c).
113 (b) A school may earn a maximum of 50 points for the criteria listed in Subsection
114 (1)(d).
115 Section 7. Section 53A-1-1107 is enacted to read:
116 53A-1-1107. Calculation of points earned for students' learning gains in language
117 arts, mathematics, and science.
118 (1) Subject to Subsection (2), a school shall receive points, as determined by the State

119 Board of Education, for students who take a statewide assessment of language arts,
120 mathematics, or science achievement in two successive years and:
121 (a) maintain a proficient level or higher from one school year to the next; or
122 (b) improve their achievement level from one school year to the next.
123 (2) Points assigned for students who score below the proficient level in the prior school
124 year and improve their achievement level or score at the proficient level or higher in the current
125 year shall be double the number of points assigned for students who maintain a proficient level
126 from one school year to the next.
127 (3) A school may earn a maximum of 350 points for the criteria described in
128 Subsection (1).
129 Section 8. Section 53A-1-1108 is enacted to read:
130 53A-1-1108. Calculation of additional points earned for high school graduation
131 and college and career readiness.
132 (1) In addition to the points described in Sections 53A-1-1106 and 53A-1-1107 and
133 subject to Subsection (2), a high school shall receive points, as determined by the State Board
134 of Education, for:
135 (a) the percent of students who graduate from high school; and
136 (b) indicators of college and career readiness.
137 (2) In calculating the percent of students who graduate, the State Board of Education
138 shall use the same graduation rate for a high school that is used to determine whether the high
139 school makes Adequate Yearly Progress under the federal No Child Left Behind accountability
140 system.
141 (3) A school may earn a maximum of 200 points for the criteria described in
142 Subsection (1) with two-thirds of the maximum number of points allotted to high school
143 graduation and one-third allotted to indicators of college and career readiness.
144 Section 9. Section 53A-1-1109 is enacted to read:
145 53A-1-1109. Calculation of percent of maximum points earned.
146 (1) The percent of the maximum number of points a school that is not a high school
147 may earn shall be calculated by:
148 (a) dividing the sum of the points earned for the criteria listed in Sections 53A-1-1106
149 and 53A-1-1107 by the maximum number of points that a school may earn as provided in

150 Sections 53A-1-1106 and 53A-1107; and
151 (b) multiplying the quotient calculated under Subsection (1)(a) by 100.
152 (2) The percent of the maximum number of points a high school may earn shall be
153 calculated by:
154 (a) dividing the sum of the points earned for the criteria listed in Sections 53A-1-1106 ,
155 53A-1-1107 , and 53A-1-1108 by the maximum number of points that a school may earn as
156 provided in Sections 53A-1-1106 , 53A-1-1107 , and 53A-1-1108 ; and
157 (b) multiplying the quotient calculated under Subsection (2)(a) by 100.
158 Section 10. Section 53A-1-1110 is enacted to read:
159 53A-1-1110. Letter grade based on percent of maximum points earned.
160 (1) Except as provided in Subsection (2), a school shall receive a letter grade based on
161 the percent of the maximum number of points the school may earn as calculated under Section
162 53A-1-1109 as follows:
163 (a) A, 100% - 90%;
164 (b) B, 89% - 80%;
165 (c) C, 79% - 70%;
166 (d) D, 69% - 50%; and
167 (e) F, 49% or less.
168 (2) If student participation in a statewide assessment is fewer than 95%, the school
169 shall receive an F.
170 Section 11. Section 53A-1-1111 is enacted to read:
171 53A-1-1111. Students with disabilities.
172 (1) In implementing the school grading system, the State Board of Education shall
173 provide for the inclusion of the test scores of a student with a disability.
174 (2) Test scores on an alternative assessment administered to a student with a disability
175 may substitute for a statewide assessment as defined in Section 53A-1-1102 .
176 Section 12. Section 53A-1-1112 is enacted to read:
177 53A-1-1112. Reporting.
178 (1) For the 2011-12 school year and thereafter, the State Board of Education, in
179 collaboration with school districts and charter schools, shall annually develop a school report
180 card to be delivered to parents of students in public schools.

181 (2) The report card shall include:
182 (a) the school's grade;
183 (b) the percent of the maximum number of points that may be earned; and
184 (c) information indicating the school's performance on the various criteria upon which
185 the grade is based.
186 (3) On or before August 15, the State Board of Education shall annually publish, on the
187 State Board of Education's website, a report card for each school with the information required
188 in Subsection (2).
189 (4) On or before August 15, a school district shall annually publish on the school
190 district's website, and a school's website, a school report card with the grade for the prior
191 school year, together with the current school improvement plan established in accordance with
192 Section 53A-1a-108.5 .
193 (5) On or before August 15, a charter school shall annually publish on the charter
194 school's website a school report card with the grade for the prior school year.
195 Section 13. Section 53A-1-1113 is enacted to read:
196 53A-1-1113. Rules.
197 The State Board of Education shall make rules, as necessary, to implement a school
198 grading system in accordance with this part.
199 Section 14. Section 63A-3-402 is amended to read:
200 63A-3-402. Utah Public Finance Website -- Establishment and administration --
201 Records disclosure.
202 (1) There is created the Utah Public Finance Website to be administered by the
203 Division of Finance with the technical assistance of the Department of Technology Services.
204 (2) The Utah Public Finance Website shall:
205 (a) permit Utah taxpayers to:
206 (i) view, understand, and track the use of taxpayer dollars by making public financial
207 information available on the Internet for participating state entities' and participating local
208 entities, using the Utah Public Finance Website; and
209 (ii) link to websites administered by participating local entities that do not use the Utah
210 Public Finance Website for the purpose of providing participating local entities' public
211 financial information as required by this part and by rule under Section 63A-3-404 ;

212 (b) allow a person who has Internet access to use the website without paying a fee;
213 (c) allow the public to search public financial information on the Utah Public Finance
214 Website using those criteria established by the board;
215 (d) provide access to financial reports, financial audits, budgets, or other financial
216 documents that are used to allocate, appropriate, spend, and account for the government funds,
217 as may be established by rule under Section 63A-3-404 ;
218 (e) have a unique and simplified website address;
219 (f) be directly accessible via a link from the main page of the official state website;
220 [and]
221 (g) include other links, features, or functionality that will assist the public in obtaining
222 and reviewing public financial information, as may be established by rule under Section
223 63A-3-404 [.]; and
224 (h) include a link to school report cards published on the State Board of Education's
225 website pursuant to Section 53A-1-1112 .
226 (3) The division shall:
227 (a) establish and maintain the website, including the provision of equipment, resources,
228 and personnel as is necessary;
229 (b) maintain an archive of all information posted to the website;
230 (c) coordinate and process the receipt and posting of public financial information from
231 participating state entities;
232 (d) coordinate and regulate the posting of public financial information by participating
233 local entities; and
234 (e) provide staff support for the advisory committee.
235 (4) (a) A participating state entity shall permit the public to view the participating
236 entity's public financial information via the website, beginning with information that is
237 generated not later than the fiscal year that begins July 1, 2008, except that public financial
238 information for an institution of higher education shall be provided beginning with information
239 generated for the fiscal year beginning July 1, 2009.
240 (b) Not later than May 15, 2009, the website shall:
241 (i) be operational; and
242 (ii) permit public access to participating state entities' public financial information,

243 except as provided in Subsection (4)(c).
244 (c) An institution of higher education that is a participating state entity shall submit the
245 entity's public financial information at a time allowing for inclusion on the website no later
246 than May 15, 2010.
247 (5) A person who negligently discloses a record that is classified as private, protected,
248 or controlled by Title 63G, Chapter 2, Government Records Access and Management Act, is
249 not criminally or civilly liable for an improper disclosure of the record if the record is disclosed
250 solely as a result of the preparation or publication of the Utah Public Finance Website.