S.B. 209

This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Mar 6, 2014 at 4:02 PM by lpoole. --> This document includes House Floor Amendments incorporated into the bill on Thu, Mar 13, 2014 at 5:31 PM by jeyring. --> 1

SCHOOL GRADING REVISIONS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: J. Stuart Adams
5 House Sponsor: Gregory H. Hughes
6
7 LONG TITLE
8 General Description:
9 This bill modifies procedures and standards for assigning a letter grade to a school
10 based on the proficiency, learning gains, or college and career readiness of the school's
11 students.
12 Highlighted Provisions:
13 This bill:
14 . modifies the definition of sufficient growth;
15 . requires the State Board of Education to establish a growth target for a student for
16 each statewide assessment the student takes;
17 . requires the State Board of Education to create an alignment of scale scores when
18 transitioning between assessment systems;
19 . exempts from school grading a school that is designated as an alternative school by
20 the State Board of Education;
21 . requires the State Board of Education to annually evaluate an alternative school in
22 accordance with an accountability plan developed by the State Board of Education;
23 . exempts certain schools from school grading;
24 . defines a combination school and requires the State Board of Education to assign
25 two school grades to a combination school;
26 . modifies the calculation of a high school's graduation rate;
27 . establishes a standard for determining whether a student is college ready for the

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House Floor Amendments 3-13-2014 je/tjn 28

purpose of school grading;
29 . requires the State Board of Education to lower a school grade by one letter grade if
30 student participation in testing is less than 95%; H. [ and ]
30a . provides for exceptions to certain requirements for the purpose of determining
30b school grades for the 2013-14 school year; and .H
31 . makes technical amendments.
32 Money Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 AMENDS:
38 53A-1-1102, as last amended by Laws of Utah 2013, Chapter 478
39 53A-1-1103, as last amended by Laws of Utah 2013, Chapter 478 and last amended by
40 Coordination Clause, Laws of Utah 2013, Chapter 478
41 53A-1-1104, as enacted by Laws of Utah 2011, Chapter 417
42 53A-1-1107, as repealed and reenacted by Laws of Utah 2013, Chapter 478
43 53A-1-1108, as last amended by Laws of Utah 2013, Chapter 478 and last amended by
44 Coordination Clause, Laws of Utah 2013, Chapter 478
45 53A-1-1110, as last amended by Laws of Utah 2013, Chapter 478
46 ENACTS:
47 53A-1-1104.5, Utah Code Annotated 1953
48 53A-1-1107.5, Utah Code Annotated 1953
48a H. 53A-1-1114, Utah Code Annotated 1953 .H
49
50 Be it enacted by the Legislature of the state of Utah:
51 Section 1. Section 53A-1-1102 is amended to read:
52 53A-1-1102. Definitions.
53 As used in this part:
54 (1) "Alternative school" means a school:
55 (a) established to serve youth who are not succeeding in a traditional school
56 environment; and
57 (b) designated as an alternative school by the State Board of Education.
58 (2) "Board" means the State Board of Education.

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- 3 - 59 (3) "Combination school" means a school that includes:
60 (a) grade 12; and
61 (b) a grade lower than grade 7.
62 [(1)] (4) "High school" means:
63 (a) a school that:
64 (i) includes grade 12[.]; and
65 (ii) does not include any grade lower than grade 7; or
66 (b) grades 9 through 12 of a combination school.
67 (5) "Individualized education program" or "IEP" means a written statement, for a
68 student with a disability, that is developed, reviewed, and revised in accordance with the
69 Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
70 [(2)] (6) "Statewide assessment" means[: (a)] a criterion-referenced test of student
71 achievement in language arts, mathematics, or science, including a test administered in a
72 computer adaptive format[; and (b)], which is administered statewide under Part 6,
73 Achievement Tests.
74 [(3) "Student growth percentile" means the result of a statistical model that calculates
75 each student's change in achievement between two or more points in time on a statewide
76 assessment and compares each student's performance to that of similarly achieving students.]
77 [(4)] (7) "Sufficient growth" means [a measurement of growth greater than or equal to
78 growth at a specific percentile in the 2011-12 year adopted by the State Board of Education in
79 rule.] a student's scale score on a statewide assessment is equal to or exceeds the student's
80 growth target established pursuant to Section 53A-1-1107.5 .
81 (8) "Year 1" means the first year of two consecutive years in which a student takes a
82 statewide assessment in the same subject.
83 (9) "Year 2" means the second year of two consecutive years in which a student takes a
84 statewide assessment in the same subject.
85 Section 2. Section 53A-1-1103 is amended to read:
86 53A-1-1103. State Board of Education to establish school grading system --
87 Report to Education Interim Committee.
88 (1) (a) The State Board of Education shall establish a school grading system in
89 accordance with this part in which a school annually is designated a grade of A, B, C, D, or F

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- 4 - 90 based on the performance of the school's students on statewide assessments, and for a high
91 school, the graduation rate and, except for the 2012-13 school year, student performance on a
92 college admissions test administered pursuant to Section 53A-1-611 .
93 (b) The school grading system established in this part shall be known and referred to as
94 "school grading."
95 (2) The State Board of Education shall:
96 (a) model the school grading system described in this part using school performance
97 data for the 2010-11 school year;
98 (b) study modifications to the school grading system; and
99 (c) make recommendations for proposed legislation to the Education Interim
100 Committee on modifications to the school grading system by the committee's September 2012
101 meeting.
102 (3) The school grading system shall take effect for the 2012-13 school year and shall
103 replace the U-PASS accountability system developed and implemented by the State Board of
104 Education.
105 (4) For the purposes of school grading, the State Board of Education shall create an
106 alignment mapping of scale scores when transitioning to a new assessment system to reflect the
107 standards of academic achievement set by the State Board of Education.
108 Section 3. Section 53A-1-1104 is amended to read:
109 53A-1-1104. Schools included in grading system.
110 (1) Except as provided in [Subsection] Subsections (2) through (5), a school that has
111 students who take statewide assessments shall receive a school grade.
112 (2) A school may not receive a school grade, if the number of a school's students tested
113 is less than the minimum sample size necessary, based on accepted professional practice for
114 statistical reliability or the prevention of the unlawful release of personally identifiable student
115 data under 20 U.S.C. Sec. 1232h.
116 (3) (a) An alternative school is exempt from school grading.
117 (b) The board shall annually:
118 (i) evaluate an alternative school in accordance with an accountability plan approved
119 by the board; and
120 (ii) report the results on a school report card.

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- 5 - 121 (c) The State Board of Education, a local school board, and a charter school governing
122 board shall provide to a parent or guardian a school report card for an alternative school and
123 electronically publish the school report card in the same manner and at the same time as other
124 school report cards are provided and published pursuant to Section 53A-11-1112 .
125 (4) The State Board of Education shall exempt a school from school grading in the
126 school's first year of operations if the school's local school board or charter school governing
127 board requests the exemption.
128 (5) The State Board of Education shall exempt a high school from school grading or
129 exempt a combination school from the school grading requirement described in Subsection
130 53A-1-1104.5 (2) in the high school's or combination school's second year of operations if the
131 school's local school board or charter school governing board requests the exemption.
132 Section 4. Section 53A-1-1104.5 is enacted to read:
133 53A-1-1104.5. Two school grades assigned to a combination school.
134 The board shall assign two school grades to a combination school as follows:
135 (1) the board shall assign a school grade based on the proficiency and learning gains of
136 students who are enrolled in a grade below grade 9 as described in Sections 53A-1-1106 and
137 53A-1-1107 ; and
138 (2) the board shall assign a school grade based on:
139 (a) the proficiency and learning gains of students who are enrolled in grades 9 through
140 12, as described in Sections 53A-1-1106 and 53A-1-1107 ;
141 (b) the school's graduation rate calculated in accordance with Section 53A-1-1108 ; and
142 (c) the percentage of students considered college ready calculated in accordance with
143 Section 53A-1-1108 .
144 Section 5. Section 53A-1-1107 is amended to read:
145 53A-1-1107. Calculation of points earned for students demonstrating sufficient
146 growth in language arts, mathematics, and science.
147 (1) A school shall receive points for a school's students demonstrating sufficient
148 growth in language arts, mathematics, and science[, and writing] as follows:
149 (a) A school shall receive 0.5 points for each percentage of the school's students who
150 take a statewide assessment of language arts achievement and make sufficient growth.
151 (b) A school shall receive 0.5 points for each percentage of the school's students who

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- 6 - 152 take a statewide assessment of mathematics achievement and make sufficient growth.
153 (c) A school shall receive 0.5 points for each percentage of the school's students who
154 take a statewide assessment of science achievement and make sufficient growth.
155 (2) A school shall receive points for a school's students who scored below the
156 proficient level on statewide achievement tests in the prior year and who demonstrate sufficient
157 growth in language arts, mathematics, and science as follows:
158 (a) A school shall receive 0.5 points for each percentage of the school's nonproficient
159 students, as determined by prior year language arts test scores, who take a statewide assessment
160 of language arts achievement and make sufficient growth.
161 (b) A school shall receive 0.5 points for each percentage of the school's nonproficient
162 students, as determined by prior year mathematics test scores, who take a statewide assessment
163 of mathematics achievement and make sufficient growth.
164 (c) A school shall receive 0.5 points for each percentage of the school's nonproficient
165 students, as determined by prior year science test scores, who take a statewide assessment of
166 science achievement and make sufficient growth.
167 (3) A school may earn a maximum of 50 points for each of the criteria listed in
168 Subsections (1)(a), (b), and (c) and (2)(a), (b), and (c).
169 (4) The State Board of Education shall:
170 (a) model the school grading system based on awarding points as described in
171 Subsection (2) for students in the lowest quartile, as determined by prior year test scores, who
172 make sufficient growth; and
173 (b) submit a report on the model results to the Education Interim Committee no later
174 than the committee's November 2013 meeting.
175 Section 6. Section 53A-1-1107.5 is enacted to read:
176 53A-1-1107.5. Growth target established to determine whether a student
177 demonstrates sufficient growth in a subject.
178 (1) (a) For the purpose of determining whether a student demonstrates sufficient
179 growth in the 2013-14 school year in language arts, mathematics, or science as provided in
180 Section 53A-1-1107 , the board shall establish a growth target for a student for each statewide
181 assessment the student takes.
182 (b) A student demonstrates sufficient growth in the 2013-14 school year if the student's

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- 7 - 183 scale score on a statewide assessment administered in the 2013-14 school year is equal to or
184 exceeds the growth target established pursuant to Subsections (1)(c) and (1)(d).
185 (c) The board shall establish a 2013-14 growth target for each cohort of students with
186 the same scale score on a particular statewide assessment in the 2012-13 school year.
187 (d) (i) The board shall establish a 2013-14 growth target based on actual student
188 growth in the 2011-12 school year as measured by statewide assessments administered at the
189 end of the 2010-11 and 2011-12 school years.
190 (ii) Among a cohort of students with the same scale score on a particular statewide
191 assessment in the 2010-11 school year, the scale score of the student who scores in the 2011-12
192 school year, at a percentile determined by the board in rule, becomes the 2013-14 growth target
193 for any student with a scale score in the 2012-13 school year that is the same as the cohort's
194 scale score in the 2010-11 school year.
195 (2) (a) For the purpose of determining whether a student demonstrates sufficient
196 growth in the 2014-15 school year, or a succeeding school year, in language arts, mathematics,
197 or science as provided in Section 53A-1-1107 , the board shall establish a year 2 growth target
198 for a student for each statewide assessment the student takes.
199 (b) A student demonstrates sufficient growth if the student's scale score on a statewide
200 assessment in year 2 is equal to or exceeds the year 2 growth target established pursuant to
201 Subsections (2)(c) and (2)(d).
202 (c) The board shall establish a year 2 growth target for each cohort of students with the
203 same scale score on a particular statewide assessment in year 1.
204 (d) (i) The board shall establish a year 2 growth target based on actual student growth
205 in the 2014-15 school year as measured by statewide assessments administered at the end of the
206 2013-14 and 2014-15 school years.
207 (ii) Among a cohort of students with the same scale score on a particular statewide
208 assessment in the 2013-14 school year, the scale score of the student who scores on a similar
209 statewide assessment in the 2014-15 school year, at a percentile determined by the board in
210 rule, becomes the year 2 growth target for statewide assessments administered in the 2014-15
211 school year and succeeding years for any student with a year 1 scale score that is the same as
212 the cohort's scale score in the 2013-14 school year.
213 Section 7. Section 53A-1-1108 is amended to read:

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Senate 3rd Reading Amendments 3-6-2014 lp/tjn 214

53A-1-1108. Calculation of additional points earned for high school graduation
215 and college and career readiness.
216 (1) In addition to the points described in Sections 53A-1-1106 and 53A-1-1107 [and
217 subject to Subsection (2)], a high school shall receive points, as determined by the State Board
218 of Education, for:
219 (a) the percentage of students who graduate from high school; and
220 (b) except for the 2012-13 school year, the percentage of students who are considered
221 college ready as measured by a college admissions test administered pursuant to Section
222 53A-1-611 .
223 (2) [In] (a) Except as provided in Subsection (2)(b), in calculating the percentage of
224 students who graduate, the State Board of Education shall use the same graduation rate for a
225 high school that is used under the federal [No Child Left Behind accountability] four-year
226 cohort system.
227 (b) In calculating a high school graduation rate for the purpose of school grading, the
228 State Board of Education shall exclude from the four-year cohort for the graduating class a
229 student with a disability who has an individualized education program that includes a plan to
230 complete graduation requirements in more than four years.
231 (3) (a) Except as provided in Subsection (3)(b), for the purpose of school grading, a
232 student is considered college ready if the student's S. [ composite ] .S score S. in each subject
232a area .S on the ACT is at S. [ least 18 ] or above the College Readiness Benchmark as defined
232b by the ACT .S .
233 (b) The S. H. [ [ ] board [ ] ] in consultation with the .H State Board of Regents .S 233a1 may adopt by rule a higher
233a S. [ composite ] subject area .S score threshold on the ACT to be
234 considered college ready for school grading purposes.
235 [(3)] (4) (a) Except as provided in Subsection [(3)] (4)(b), a school may earn a
236 maximum of 300 points for the criteria described in Subsection (1) with one-half of the
237 maximum number of points allotted to high school graduation and one-half allotted to the
238 percentage of students who are considered college ready as measured by a college admissions
239 test administered pursuant to Section 53A-1-611 .
240 (b) For the 2012-13 school year, a school may earn a maximum of 150 points for the
241 percentage of students who graduate from high school.
242 Section 8. Section 53A-1-1110 is amended to read:
243 53A-1-1110. Letter grade based on percentage of maximum points earned.
244 (1) Except as provided in Subsections (2) and (3), a school shall receive a letter grade

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House Floor Amendments 3-13-2014 je/tjn 245

based on the percentage of the maximum number of points the school may earn as calculated
246 under Section 53A-1-1109 as follows:
247 (a) A, 100% - 80%;
248 (b) B, 79% - 70%;
249 (c) C, 69% - 60%;
250 (d) D, 59% - 50%; and
251 (e) F, 49% or less.
252 (2) When 85% of schools receive an A or B, the State Board of Education shall
253 increase the endpoints of the ranges listed in Subsections (1)(a) through (1)(e) by five
254 percentage points, except the lower endpoint of the A range may not be greater than 90%.
255 (3) [A school shall receive an F] The board shall lower a school's grade by one letter
256 grade if:
257 (a) student participation in a statewide assessment is fewer than 95%; or
258 (b) the participation of nonproficient students as determined by prior year test scores is
259 fewer than 95%.
259a H. Section 9. Section 53A-1-1114 is enacted to read:
259b 53A-1-1114. Exceptions applicable to determining school grades for the 2013-14
259c school year.
259d (1) Notwithstanding the requirements of Subsection 53A-1-1102(7),
259e Subsection 53A-1-1103(4), Section 53A-1-1107.5, Subsection 53A-1-1110(1), and
259f Subsections 53A-1-1112(5) through (7), for the purposes of determining school grades for the
259g 2013-14 school year, when schools transition to a new assessment system:
259h (a) the State Board of Education is not required to create an alignment mapping of
259i scale scores between assessments administered in the 2012-13 school year and those
259j administered in the 2013-14 school year;
259k (b) the State Board of Education shall determine, by rule:
259l (i) how to measure growth of a school's students on statewide assessments of language
259m arts, mathematics, and science achievement; and
259n (ii) a standard for sufficient growth;
259o (c) the State Board of Education may, by rule, adjust the percentage of the maximum
259p number of points required to earn A through F letter grades; and
259q (d) the State Board of Education, schools districts, and charter schools shall publish on
259r their websites school grades for the 2013-14 school year on or before December 15, 2014.
259s (2)(a) Before the State Board of Education adopts a rule pursuant to Subsection

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House Floor Amendments 3-13-2014 je/tjn 259t

(1)(c), the board shall submit one or more proposals to the Executive Appropriations
259u Committee to adjust the maximum number of points required to earn A through F letter
259v grades for the 2013-14 school year.
259w (b) For each proposal submitted to the Executive Appropriations Committee, the board
259x shall model the projected distribution of schools earning each letter grade.
259y (c) The Executive Appropriations Committee may:
259z (i) recommend that the board adopt a proposal to adjust the maximum number of
259aa points required to earn A through F letter grades for the 2013-14 school year;
259ab (ii) recommend that the board modify a proposal to adjust the maximum number of
259ac points required to earn A through F letter grades for the 2013-14 school year; or
259ad (iii) recommend that no adjustment be made to the maximum number of points
259ae required to earn A through F letter grades for the 2013-14 school year. .H

Legislative Review Note
as of 2-18-14 10:16 AM

Office of Legislative Research and General Counsel