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3
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6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to school accountability in the public education
10 system.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ requires the State Board of Education to establish a school accountability system;
15 ▸ enacts provisions related to the school accountability system, including provisions
16 related to:
17 • the indicators used to determine a school's rating under the school accountability
18 system;
19 • board duties and rulemaking under the school accountability system; and
20 • required reports;
21 ▸ modifies provisions in the School Turnaround and Leadership Development Act;
22 and
23 ▸ makes technical and conforming changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 This bill provides a special effective date.
28 Utah Code Sections Affected:
29 AMENDS:
30 53A-1-413, as last amended by Laws of Utah 2016, Chapter 144
31 53A-1-1202, as last amended by Laws of Utah 2016, Chapter 241
32 53A-1-1203, as last amended by Laws of Utah 2016, Chapter 241
33 53A-1-1206, as last amended by Laws of Utah 2016, Chapter 241
34 53A-1-1207, as last amended by Laws of Utah 2016, Chapter 241
35 53A-1-1208, as last amended by Laws of Utah 2016, Chapter 241
36 53A-1-1209, as last amended by Laws of Utah 2016, Chapter 331
37 53A-1a-510, as last amended by Laws of Utah 2015, Chapter 449
38 53A-15-1403, as last amended by Laws of Utah 2015, Chapter 444
39 63A-3-402, as last amended by Laws of Utah 2015, Chapters 215, 226, and 283
40 REPEALS AND REENACTS:
41 53A-1-1101, as enacted by Laws of Utah 2011, Chapter 417
42 53A-1-1102, as last amended by Laws of Utah 2015, Chapter 452
43 53A-1-1103, as last amended by Laws of Utah 2015, Chapter 415
44 53A-1-1104, as last amended by Laws of Utah 2015, Chapters 258 and 452
45 53A-1-1105, as last amended by Laws of Utah 2013, Chapter 478 and last amended by
46 Coordination Clause, Laws of Utah 2013, Chapter 478
47 53A-1-1106, as last amended by Laws of Utah 2013, Chapter 478
48 53A-1-1107, as last amended by Laws of Utah 2014, Chapter 403
49 REPEALS:
50 53A-1-1108, as last amended by Laws of Utah 2014, Chapter 403
51 53A-1-1109, as enacted by Laws of Utah 2011, Chapter 417
52 53A-1-1110, as last amended by Laws of Utah 2016, Chapter 349
53 53A-1-1111, as enacted by Laws of Utah 2011, Chapter 417
54 53A-1-1112, as last amended by Laws of Utah 2013, Chapter 478
55 53A-1-1113, as enacted by Laws of Utah 2011, Chapter 417
56 53A-3-601, as last amended by Laws of Utah 2000, Chapter 219
57 53A-3-602.5, as last amended by Laws of Utah 2015, Chapter 415
58 53A-3-603, as last amended by Laws of Utah 2016, Chapter 144
59
60 Be it enacted by the Legislature of the state of Utah:
61 Section 1. Section 53A-1-413 is amended to read:
62 53A-1-413. Student Achievement Backpack -- Utah Student Record Store.
63 (1) As used in this section:
64 (a) "Authorized LEA user" means a teacher or other person who is:
65 (i) employed by an LEA that provides instruction to a student; and
66 (ii) authorized to access data in a Student Achievement Backpack through the Utah
67 Student Record Store.
68 (b) "LEA" means a school district, charter school, or the Utah Schools for the Deaf and
69 the Blind.
70 (c) "Student Achievement Backpack" means, for a student from kindergarten through
71 grade 12, a complete learner profile that:
72 (i) is in electronic format;
73 (ii) follows the student from grade to grade and school to school; and
74 (iii) is accessible by the student's parent or guardian or an authorized LEA user.
75 (d) "U-PASS" means the Utah Performance Assessment System for Students
76 established in Part 6, Achievement Tests.
77 (e) "Utah Student Record Store" means a repository of student data collected from
78 LEAs as part of the state's longitudinal data system that is:
79 (i) managed by the State Board of Education;
80 (ii) cloud-based; and
81 (iii) accessible via a web browser to authorized LEA users.
82 (2) (a) The State Board of Education shall use the State Board of Education's robust,
83 comprehensive data collection system, which collects longitudinal student transcript data from
84 LEAs and the unique student identifiers as described in Section 53A-1-603.5, to allow the
85 following to access a student's Student Achievement Backpack:
86 (i) the student's parent or guardian; and
87 (ii) each LEA that provides instruction to the student.
88 (b) The State Board of Education shall ensure that a Student Achievement Backpack:
89 (i) provides a uniform, transparent reporting mechanism for individual student
90 progress;
91 (ii) provides a complete learner history for postsecondary planning;
92 (iii) provides a teacher with visibility into a student's complete learner profile to better
93 inform instruction and personalize education;
94 (iv) assists a teacher or administrator in diagnosing a student's learning needs through
95 the use of data already collected by the State Board of Education;
96 (v) facilitates a student's parent or guardian taking an active role in the student's
97 education by simplifying access to the student's complete learner profile; and
98 (vi) serves as additional disaster mitigation for LEAs by using a cloud-based data
99 storage and collection system.
100 (3) Using existing information collected and stored in the State Board of Education's
101 data warehouse, the State Board of Education shall create the Utah Student Record Store where
102 an authorized LEA user may:
103 (a) access data in a Student Achievement Backpack relevant to the user's LEA or
104 school; or
105 (b) request student records to be transferred from one LEA to another.
106 (4) The State Board of Education shall implement security measures to ensure that:
107 (a) student data stored or transmitted to or from the Utah Student Record Store is
108 secure and confidential pursuant to the requirements of the Family Educational Rights and
109 Privacy Act, 20 U.S.C. Sec. 1232g; and
110 (b) an authorized LEA user may only access student data that is relevant to the user's
111 LEA or school.
112 (5) A student's parent or guardian may request the student's Student Achievement
113 Backpack from the LEA or the school in which the student is enrolled.
114 (6) [
115 student data in a Student Achievement Backpack, which shall include the following data, or
116 request the data be transferred from one LEA to another:
117 (a) student demographics;
118 (b) course grades;
119 (c) course history; and
120 (d) results [
121 (7) [
122 student data in a Student Achievement Backpack, which shall include the data listed in
123 Subsections (6)(a) through (d) and the following data, or request the data be transferred from
124 one LEA to another:
125 (a) section attendance;
126 (b) the name of a student's teacher for classes or courses the student takes;
127 (c) teacher qualifications for a student's teacher, including years of experience, degree,
128 license, and endorsement;
129 (d) results of formative, interim, and summative computer adaptive assessments
130 administered pursuant to Section 53A-1-603;
131 (e) detailed data demonstrating a student's mastery of the core standards for Utah
132 public schools and objectives as measured by computer adaptive assessments administered
133 pursuant to Section 53A-1-603;
134 (f) a student's writing sample written for an online writing assessment administered
135 pursuant to Section 53A-1-603;
136 (g) student growth scores for U-PASS tests;
137 (h) a school's [
138 Accountability System;
139 (i) results of benchmark assessments of reading administered pursuant to Section
140 53A-1-606.6; and
141 (j) a student's reading level at the end of grade 3.
142 (8) No later than June 30, 2017, the State Board of Education shall ensure that data
143 collected in the Utah Student Record Store for a Student Achievement Backpack shall be
144 integrated into each LEA's student information system and shall be made available to a
145 student's parent or guardian and an authorized LEA user in an easily accessible viewing format.
146 Section 2. Section 53A-1-1101 is repealed and reenacted to read:
147
148 53A-1-1101. Title.
149 This part is known as "School Accountability System."
150 Section 3. Section 53A-1-1102 is repealed and reenacted to read:
151 53A-1-1102. Definitions.
152 As used in this part:
153 (1) "Board" means the State Board of Education.
154 (2) "Statewide assessment" means a statewide assessment as determined by the board.
155 Section 4. Section 53A-1-1103 is repealed and reenacted to read:
156 53A-1-1103. Board to establish school accountability system.
157 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
158 board shall make rules to establish a school accountability system in accordance with this part.
159 Section 5. Section 53A-1-1104 is repealed and reenacted to read:
160 53A-1-1104. Indicators -- Rating schools.
161 (1) The board shall ensure that the school accountability system established under this
162 part includes an indicator for each of the following:
163 (a) academic achievement as measured by performance on a statewide assessment of
164 English language arts, mathematics, and science;
165 (b) except as provided in Subsection (3)(a), academic growth as measured by progress
166 on a statewide assessment of English language arts, mathematics, and science;
167 (c) college and career readiness of students as measured by at least the following, as
168 applicable to a grade level:
169 (i) performance on a college readiness assessment described in Section 53A-1-611;
170 (ii) high school graduation;
171 (iii) performance in advanced courses and secondary core courses, as determined by the
172 board; and
173 (iv) grade 1 through 3 literacy; and
174 (d) equitable educational opportunity as measured by:
175 (i) student access to resources and conditions that influence student learning outcomes;
176 (ii) student, parent, or community engagement in schooling; or
177 (iii) the success of students who are at risk of academic failure.
178 (2) The board may include other indicators in addition to the indicators described in
179 Subsection (1).
180 (3) (a) Subject to Subsection (3)(b), the board may exclude the academic growth
181 indicator described in Subsection (1)(b) for a school year in which the board determines it is
182 necessary to establish a new baseline to calculate growth due to:
183 (i) a transition to a new assessment; or
184 (ii) a qualifying event, as determined by the board.
185 (b) The board may only exclude an academic growth indicator for a school for which
186 an academic growth indicator is unavailable due to a transition to a new assessment or
187 qualifying event described in Subsection (3)(a).
188 (4) (a) Using the accountability system established under this part, except as provided
189 in Subsection (4)(b), the board shall annually assign:
190 (i) an overall rating, as determined by the board, to each school; and
191 (ii) a rating, as determined by the board, for each of the indicators described in
192 Subsections (1) and (2).
193 (b) For a school for which an academic growth indicator has been excluded in
194 accordance with Subsection (3), the board is not required to assign:
195 (i) an overall rating described in Subsection (4)(a)(i); or
196 (ii) a rating for an academic growth indicator in accordance with Subsection (4)(a)(ii).
197 Section 6. Section 53A-1-1105 is repealed and reenacted to read:
198 53A-1-1105. Methodology for determining a school's rating -- Metrics and weights
199 -- Formula for calculating growth.
200 (1) The board shall use an evidence-based methodology for determining a school's
201 ratings described in Section 53A-1-1104 by establishing:
202 (a) the metrics that are used to assess performance on an indicator described in Section
203 53A-1-1104; and
204 (b) the relative weight assigned to:
205 (i) an indicator described in Section 53A-1-1104; and
206 (ii) a metric within an indicator that has more than one metric described in Subsection
207 (1)(a).
208 (2) In establishing a metric to assess performance on the academic growth indicator
209 described in Subsection 53A-1-1104(1)(b), the board shall establish a formula for a growth
210 target for a student's performance on a statewide assessment that enables an individual to
211 know, at the beginning of a school year, the growth a student would need to achieve to reach
212 the student's growth target by the end of the school year.
213 Section 7. Section 53A-1-1106 is repealed and reenacted to read:
214 53A-1-1106. Schools included in the school accountability system.
215 (1) The board shall include all public schools in the state in the school accountability
216 system established under this part.
217 (2) The board may use different metrics and weights, described in Section 53A-1-1105,
218 to appropriately assess the educational impact of:
219 (a) a school that serves a special student population;
220 (b) a newly opened school; or
221 (c) a small school in which the total number of students tested is fewer than the
222 minimum number of students necessary for statistical reporting purposes.
223 Section 8. Section 53A-1-1107 is repealed and reenacted to read:
224 53A-1-1107. Reporting.
225 (1) The board shall annually publish on the board's website a report card for each
226 school that includes:
227 (a) the school's overall rating described in Subsection 53A-1-1104(4)(a)(i);
228 (b) the school's ratings for each of the indicators described in Subsection
229 53A-1-1104(4)(a)(ii);
230 (c) the methodology for determining a school's rating described in Section
231 53A-1-1105; and
232 (d) (i) the percentage of students who participated in statewide assessments; and
233 (ii) the percentage of nonproficient students, as determined by prior year statewide
234 assessment scores, who participated in statewide assessments.
235 (2) (a) The board shall develop an individualized student achievement report that
236 includes:
237 (i) information on a student's level of proficiency as measured by a statewide
238 assessment; and
239 (ii) a comparison of a student's growth target and actual learning growth as measured
240 by a statewide assessment.
241 (b) The board shall, subject to the Family Educational Rights and Privacy Act, 20
242 U.S.C. Sec. 1232g, make the individualized student achievement report described in
243 Subsection (2)(a) available for a school district or charter school to access electronically.
244 (c) A school district or charter school shall distribute an individualized student
245 achievement report to the parent or guardian of the student to whom the report applies.
246 Section 9. Section 53A-1-1202 is amended to read:
247 53A-1-1202. Definitions.
248 As used in this part:
249 (1) "Board" means the State Board of Education.
250 (2) "Charter school authorizer" means the same as that term is defined in Section
251 53A-1a-501.3.
252 (3) "District school" means a public school under the control of a local school board
253 elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
254 Boards.
255 (4) "Educator" means the same as that term is defined in Section 53A-6-103.
256 (5) "Final remedial year" means the second school year following the initial remedial
257 year.
258 (6) "Initial remedial year" means the school year a district school or charter school is
259 designated as a low performing school under Section 53A-1-1203.
260 (7) "Low performing school" means a district school or charter school that has been
261 designated as a low performing school by the board [
262
263
264
265
266 53A-1-1203.
267 (8) "School accountability system" means the system established by the board in
268 accordance with Part 11, School Accountability System.
269 [
270 assigned to a school under the school [
271 [
272
273 [
274
275
276 Section 10. Section 53A-1-1203 is amended to read:
277 53A-1-1203. State Board of Education to designate low performing schools.
278 [
279 shall annually designate a school as a low performing school if the school is:
280 [
281
282 system; and
283 [
284 be defined in rules made by the board in accordance with Title 63G, Chapter 3, Utah
285 Administrative Rulemaking Act.
286 (2) The board is not required to designate as a low performing school a school for
287 which an academic growth indicator has been excluded under the school accountability system
288 in accordance with Section 53A-1-1104.
289 Section 11. Section 53A-1-1206 is amended to read:
290 53A-1-1206. State Board of Education to identify independent school turnaround
291 experts -- Review and approval of school turnaround plans -- Appeals process.
292 (1) On or before August 30, the board shall identify at least two [
293 independent school turnaround experts, through a request for proposals process, that a low
294 performing school may select from to partner with to:
295 (a) collect and analyze data on the low performing school's student achievement,
296 personnel, culture, curriculum, assessments, instructional practices, governance, leadership,
297 finances, and policies;
298 (b) recommend changes [
299
300 data collected under Subsection (1)(a);
301 (c) develop and implement, in partnership with the school turnaround committee, a
302 school turnaround plan that meets the criteria described in Subsection 53A-1-1204(3);
303 (d) monitor the effectiveness of a school turnaround plan through reliable means of
304 evaluation, including on-site visits, observations, surveys, analysis of student achievement data,
305 and interviews;
306 (e) provide ongoing implementation support and project management for a school
307 turnaround plan;
308 (f) provide high-quality professional development personalized for school staff that is
309 designed to build the:
310 (i) leadership capacity of the school principal; and
311 (ii) instructional capacity of school staff; and
312 (g) leverage support from community partners to coordinate an efficient delivery of
313 supports to students both inside and outside the classroom.
314 (2) In identifying independent school turnaround experts under Subsection (1), the
315 board shall identify experts that:
316 (a) have a credible track record of improving student academic achievement in public
317 schools with various demographic characteristics, as measured by statewide assessments;
318 (b) have experience designing, implementing, and evaluating data-driven instructional
319 systems in public schools;
320 (c) have experience coaching public school administrators and teachers on designing
321 data-driven school improvement plans;
322 (d) have experience working with the various education entities that govern public
323 schools;
324 (e) have experience delivering high-quality professional development in instructional
325 effectiveness to public school administrators and teachers;
326 (f) are willing to be compensated for professional services based on performance as
327 described in Subsection (3); and
328 (g) are willing to partner with any low performing school in the state, regardless of
329 location.
330 (3) (a) When awarding a contract to an independent school turnaround expert selected
331 by a local school board under Subsection 53A-1-1204(2) or by a charter school governing
332 board under Subsection 53A-1-1205(4)(b), the board shall ensure that a contract between the
333 board and the independent school turnaround expert specifies that the board will:
334 (i) pay an independent school turnaround expert no more than 50% of the expert's
335 professional fees at the beginning of the independent school turnaround expert's work for the
336 low performing school; and
337 (ii) pay the remainder of the independent school turnaround expert's professional fees
338 upon completion of the independent school turnaround expert's work for the low performing
339 school if:
340 (A) the independent school turnaround expert fulfills the terms of the contract; and
341 (B) the low performing school's [
342 rating, as determined by the board under Subsection (3)(b).
343 (b) The board shall determine whether a low performing school's [
344 improved under Subsection (3)(a)(ii) by comparing the school's letter [
345 school year prior to the initial remedial year to the school's [
346 (i) for the final remedial year; or
347 (ii) for the last school year of the extension period if, as described in Section
348 53A-1-1207:
349 (A) a school is granted an extension; and
350 (B) the board extends the contract of the school's independent school turnaround
351 expert.
352 (c) In negotiating a contract with an independent school turnaround expert, the board
353 shall offer:
354 (i) differentiated amounts of funding based on student enrollment; and
355 (ii) a higher amount of funding for schools that are in the lowest performing 1% of
356 schools statewide according to [
357 under the school [
358 (4) The board shall:
359 (a) review a school turnaround plan submitted for approval under Subsection
360 53A-1-1204(5)(b) or under Subsection 53A-1-1205(7)(b) within 30 days of submission;
361 (b) approve a school turnaround plan that:
362 (i) is timely;
363 (ii) is well-developed; and
364 (iii) meets the criteria described in Subsection 53A-1-1204(3); and
365 (c) subject to legislative appropriations, provide funding to a low performing school for
366 interventions identified in an approved school turnaround plan if the local school board or
367 charter school governing board provides matching funds or an in-kind contribution of goods or
368 services in an amount equal to the funding the low performing school would receive from the
369 board.
370 (5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
371 the board shall make rules to establish an appeals process for:
372 (i) a low performing district school that is not granted approval from the district
373 school's local school board under Subsection 53A-1-1204(5)(b);
374 (ii) a low performing charter school that is not granted approval from the charter
375 school's charter school governing board under Subsection 53A-1-1205(7)(b); and
376 (iii) a local school board or charter school governing board that is not granted approval
377 from the board under Subsection (4)(b).
378 (b) The board shall ensure that rules made under Subsection (5)(a) require an appeals
379 process described in:
380 (i) Subsections (5)(a)(i) and (ii) to be resolved on or before April 1 of the initial
381 remedial year; and
382 (ii) Subsection (5)(a)(iii) to be resolved on or before May 15 of the initial remedial
383 year.
384 (6) (a) Subject to Subsection (6)(b), the board shall balance the need to prioritize
385 funding appropriated by the Legislature to carry out the provisions of this part to contract with
386 highly qualified independent school turnaround experts with the need to fund:
387 (i) interventions to facilitate the implementation of a school turnaround plan under
388 Subsection (4)(c);
389 (ii) the School Recognition and Reward Program created under Section 53A-1-1208;
390 and
391 (iii) the School Leadership Development Program created under Section 53A-1-1209.
392 (b) The board may use up to 4% of the funds appropriated by the Legislature to carry
393 out the provisions of this part for administration if the amount for administration is approved
394 by the board in an open meeting.
395 Section 12. Section 53A-1-1207 is amended to read:
396 53A-1-1207. Consequences for failing to improve the school rating of a low
397 performing school.
398 (1) As used in this section, "high performing charter school" means a charter school
399 that:
400 (a) satisfies all requirements of state law and board rules;
401 (b) meets or exceeds standards for student achievement established by the charter
402 school's charter school authorizer; and
403 (c) has received at least [
404 [
405 (2) (a) A low performing school may petition the board for an extension to continue
406 school improvement efforts for up to two years if the low performing school's [
407 does not improve by at least one [
408 [
409
410 (b) The board may only grant an extension under Subsection (2)(a) if the low
411 performing school has [
412
413 the school accountability system, as determined by the board.
414 [
415 [
416 [
417
418
419
420 [
421 of a low performing school that is granted an extension under this Subsection (2).
422 [
423 eligible for:
424 (i) continued funding under Subsection 53A-1-1206(4)(c); and
425 (ii) the School Recognition and Reward Program under Section 53A-1-1208.
426 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
427 board shall make rules establishing consequences for a low performing school that:
428 (a) (i) does not improve the school's [
429 as determined by comparing the school's [
430 initial remedial year to the school's [
431 (ii) is not granted an extension under Subsection (2); or
432 (b) (i) is granted an extension under Subsection (2); and
433 (ii) does not improve the school's [
434 determined by comparing the school's [
435 remedial year to the school's [
436 period.
437 (4) The board shall ensure that the rules established under Subsection (3) include a
438 mechanism for:
439 (a) restructuring a district school that may include:
440 (i) contract management;
441 (ii) conversion to a charter school; or
442 (iii) state takeover; and
443 (b) restructuring a charter school that may include:
444 (i) termination of a school's charter;
445 (ii) closure of a charter school; or
446 (iii) transferring operation and control of the charter school to:
447 (A) a high performing charter school; or
448 (B) the school district in which the charter school is located.
449 Section 13. Section 53A-1-1208 is amended to read:
450 53A-1-1208. School Recognition and Reward Program.
451 (1) As used in this section, "eligible school" means a low performing school that:
452 (a) improves the school's [
453 determined by comparing the school's [
454 remedial year to the school's [
455 (b) (i) has been granted an extension under Subsection 53A-1-1207(2); and
456 (ii) improves the school's [
457 determined by comparing the school's [
458 remedial year to the school's [
459 period.
460 (2) The School Recognition and Reward Program is created to provide incentives to
461 schools and educators to improve the school [
462 (3) Subject to appropriations by the Legislature, upon the release of school [
463 ratings by the board, the board shall distribute a reward equal to:
464 (a) for an eligible school that improves the eligible school's [
465 rating by one rating:
466 (i) $100 per tested student; and
467 (ii) $1,000 per educator;
468 (b) for an eligible school that improves the eligible school's [
469 rating by two ratings:
470 (i) $200 per tested student; and
471 (ii) $2,000 per educator;
472 (c) for an eligible school that improves the eligible school's [
473 rating by three ratings:
474 (i) $300 per tested student; and
475 (ii) $3,000 per educator; and
476 (d) for an eligible school that improves the eligible school's [
477 rating by four ratings:
478 (i) $500 per tested student; and
479 (ii) $5,000 per educator.
480 (4) The principal of an eligible school that receives a reward under Subsection (3), in
481 consultation with the educators at the eligible school, may determine how to use the money in
482 the best interest of the school, including providing bonuses to educators.
483 (5) If the number of qualifying eligible schools exceeds available funds, the board may
484 reduce the amounts specified in Subsection (3).
485 Section 14. Section 53A-1-1209 is amended to read:
486 53A-1-1209. School Leadership Development Program.
487 (1) As used in this section, "school leader" means a school principal or assistant
488 principal.
489 (2) There is created the School Leadership Development Program to increase the
490 number of highly effective school leaders capable of:
491 (a) initiating, achieving, and sustaining school improvement efforts; and
492 (b) forming and sustaining community partnerships as described in Section 53A-4-303.
493 (3) The board shall identify one or more providers, through a request for proposals
494 process, to develop or provide leadership development training for school leaders that:
495 (a) may provide in-depth training in proven strategies to turn around low performing
496 schools;
497 (b) may emphasize hands-on and job-embedded learning;
498 (c) aligns with the state's leadership standards established by board rule;
499 (d) reflects the needs of a school district or charter school where a school leader serves;
500 (e) may include training on using student achievement data to drive decisions;
501 (f) may develop skills in implementing and evaluating evidence-based instructional
502 practices;
503 (g) may develop skills in leading collaborative school improvement structures,
504 including professional learning communities; and
505 (h) includes instruction on forming and sustaining community partnerships as
506 described in Section 53A-4-303.
507 (4) Subject to legislative appropriations, the State Board of Education shall provide
508 incentive pay to a school leader who:
509 (a) completes leadership development training under this section; and
510 (b) agrees to work, for at least five years, in a school that received [
511
512 year previous to the first year the school leader:
513 (i) completes leadership development training; and
514 (ii) begins to work, or continues to work, in a school described in this Subsection
515 (4)(b).
516 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
517 board shall make rules specifying:
518 (a) eligibility criteria for a school leader to participate in the School Leadership
519 Development Program;
520 (b) application procedures for the School Leadership Development Program;
521 (c) criteria for selecting school leaders from the application pool; and
522 (d) procedures for awarding incentive pay under Subsection (4).
523 Section 15. Section 53A-1a-510 is amended to read:
524 53A-1a-510. Termination of a charter.
525 (1) Subject to the requirements of Subsection (3), a charter school authorizer may
526 terminate a school's charter for any of the following reasons:
527 (a) failure of the charter school to meet the requirements stated in the charter;
528 (b) failure to meet generally accepted standards of fiscal management;
529 (c) subject to Subsection (8), failure to make adequate yearly progress under the No
530 Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq.;
531 (d) (i) designation as a low performing school under Chapter 1, [
532
533 (ii) failure to improve the school's [
534 Chapter 1, Part 12, School Turnaround and Leadership Development Act;
535 (e) violation of requirements under this part or another law; or
536 (f) other good cause shown.
537 (2) (a) The authorizer shall notify the following of the proposed termination in writing,
538 state the grounds for the termination, and stipulate that the governing board may request an
539 informal hearing before the authorizer:
540 (i) the governing board of the charter school; and
541 (ii) if the charter school is a qualifying charter school with outstanding bonds issued in
542 accordance with Chapter 20b, Part 2, Charter School Credit Enhancement Program, the Utah
543 Charter School Finance Authority.
544 (b) Except as provided in Subsection (2)(e), the authorizer shall conduct the hearing in
545 accordance with Title 63G, Chapter 4, Administrative Procedures Act, within 30 days after
546 receiving a written request under Subsection (2)(a).
547 (c) If the authorizer, by majority vote, approves a motion to terminate a charter school,
548 the governing board of the charter school may appeal the decision to the State Board of
549 Education.
550 (d) (i) The State Board of Education shall hear an appeal of a termination made
551 pursuant to Subsection (2)(c).
552 (ii) The State Board of Education's action is final action subject to judicial review.
553 (e) (i) If the authorizer proposes to terminate the charter of a qualifying charter school
554 with outstanding bonds issued in accordance with Chapter 20b, Part 2, Charter School Credit
555 Enhancement Program, the authorizer shall conduct a hearing described in Subsection (2)(b)
556 120 days or more after notifying the following of the proposed termination:
557 (A) the governing board of the qualifying charter school; and
558 (B) the Utah Charter School Finance Authority.
559 (ii) Prior to the hearing described in Subsection (2)(e)(i), the Utah Charter School
560 Finance Authority shall meet with the authorizer to determine whether the deficiency may be
561 remedied in lieu of termination of the qualifying charter school's charter.
562 (3) An authorizer may not terminate the charter of a qualifying charter school with
563 outstanding bonds issued in accordance with Chapter 20b, Part 2, Charter School Credit
564 Enhancement Program, without mutual agreement of the Utah Charter School Finance
565 Authority and the authorizer.
566 (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
567 the State Board of Education shall make rules that require a charter school to report any threats
568 to the health, safety, or welfare of its students to the State Charter School Board in a timely
569 manner.
570 (b) The rules under Subsection (4)(a) shall also require the charter school report to
571 include what steps the charter school has taken to remedy the threat.
572 (5) Subject to the requirements of Subsection (3), the authorizer may terminate a
573 charter immediately if good cause has been shown or if the health, safety, or welfare of the
574 students at the school is threatened.
575 (6) If a charter is terminated during a school year, the following entities may apply to
576 the charter school's authorizer to assume operation of the school:
577 (a) the school district where the charter school is located;
578 (b) the governing board of another charter school; or
579 (c) a private management company.
580 (7) (a) If a charter is terminated, a student who attended the school may apply to and
581 shall be enrolled in another public school under the enrollment provisions of Chapter 2, Part 2,
582 District of Residency, subject to space availability.
583 (b) Normal application deadlines shall be disregarded under Subsection (7)(a).
584 (8) Subject to the requirements of Subsection (3), an authorizer may terminate a charter
585 pursuant to Subsection (1)(c) under the same circumstances that local educational agencies are
586 required to implement alternative governance arrangements under 20 U.S.C. Sec. 6316.
587 Section 16. Section 53A-15-1403 is amended to read:
588 53A-15-1403. Parental right to academic accommodations.
589 (1) (a) A student's parent or guardian is the primary person responsible for the
590 education of the student, and the state is in a secondary and supportive role to the parent or
591 guardian. As such, a student's parent or guardian has the right to reasonable academic
592 accommodations from the student's LEA as specified in this section.
593 (b) Each accommodation shall be considered on an individual basis and no student
594 shall be considered to a greater or lesser degree than any other student.
595 (c) The parental rights specified in this section do not include all the rights or
596 accommodations that may be available to a student's parent or guardian as a user of the public
597 education system.
598 (d) An accommodation under this section may only be provided if the accommodation
599 is:
600 (i) consistent with federal law; and
601 (ii) consistent with a student's IEP if the student already has an IEP.
602 (2) An LEA shall reasonably accommodate a parent's or guardian's written request to
603 retain a student in kindergarten through grade 8 on grade level based on the student's academic
604 ability or the student's social, emotional, or physical maturity.
605 (3) An LEA shall reasonably accommodate a parent's or guardian's initial selection of a
606 teacher or request for a change of teacher.
607 (4) An LEA shall reasonably accommodate the request of a student's parent or guardian
608 to visit and observe any class the student attends.
609 (5) Notwithstanding Chapter 11, Part 1, Compulsory Education Requirements, an LEA
610 shall record an excused absence for a scheduled family event or a scheduled proactive visit to a
611 health care provider if:
612 (a) the parent or guardian submits a written statement at least one school day before the
613 scheduled absence; and
614 (b) the student agrees to make up course work for school days missed for the scheduled
615 absence in accordance with LEA policy.
616 (6) (a) An LEA shall reasonably accommodate a parent's or guardian's written request
617 to place a student in a specialized class, a specialized program, or an advanced course.
618 (b) An LEA shall consider multiple academic data points when determining an
619 accommodation under Subsection (6)(a).
620 (7) Consistent with Section 53A-13-108, which requires the State Board of Education
621 to establish graduation requirements that use competency-based standards and assessments, an
622 LEA shall allow a student to earn course credit [
623 without completing a course in school by:
624 (a) testing out of the course; or
625 (b) demonstrating competency in course standards.
626 (8) An LEA shall reasonably accommodate a parent's or guardian's request to meet
627 with a teacher at a mutually agreeable time if the parent or guardian is unable to attend a
628 regularly scheduled parent teacher conference.
629 (9) (a) At the request of a student's parent or guardian, an LEA shall excuse a student
630 from taking an assessment that:
631 (i) is federally mandated;
632 (ii) is mandated by the state under this title; or
633 (iii) requires the use of:
634 (A) a state assessment system; or
635 (B) software that is provided or paid for by the state.
636 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
637 State Board of Education shall make rules:
638 (i) to establish a statewide procedure for excusing a student under Subsection (9)(a)
639 that:
640 (A) does not place an undue burden on a parent or guardian; and
641 (B) may be completed online; and
642 (ii) to prevent negative impact, to the extent authorized by state statute, to an LEA or
643 an LEA's employees through school [
644 student not taking a test under Subsection (9)(a).
645 (c) An LEA:
646 (i) shall follow the procedures outlined in rules made by the State Board of Education
647 under Subsection (9)(b) to excuse a student under Subsection (9)(a);
648 (ii) may not require procedures to excuse a student under Subsection (9)(a) in addition
649 to the procedures outlined in rules made by the State Board of Education under Subsection
650 (9)(b); and
651 (iii) may not reward a student for taking an assessment described in Subsection (9)(a).
652 (d) The State Board of Education shall:
653 (i) maintain and publish a list of state assessments, state assessment systems, and
654 software that qualify under Subsection (9)(a); and
655 (ii) audit and verify an LEA's compliance with the requirements of this Subsection (9).
656 (10) (a) An LEA shall provide for:
657 (i) the distribution of a copy of a school's discipline and conduct policy to each student
658 in accordance with Section 53A-11-903; and
659 (ii) a parent's or guardian's signature acknowledging receipt of the school's discipline
660 and conduct policy.
661 (b) An LEA shall notify a parent or guardian of a student's violation of a school's
662 discipline and conduct policy and allow a parent or guardian to respond to the notice in
663 accordance with Chapter 11, Part 9, School Discipline and Conduct Plans.
664 Section 17. Section 63A-3-402 is amended to read:
665 63A-3-402. Utah Public Finance Website -- Establishment and administration --
666 Records disclosure -- Exceptions.
667 (1) There is created the Utah Public Finance Website to be administered by the
668 Division of Finance with the technical assistance of the Department of Technology Services.
669 (2) The Utah Public Finance Website shall:
670 (a) permit Utah taxpayers to:
671 (i) view, understand, and track the use of taxpayer dollars by making public financial
672 information available on the Internet for participating state entities, independent entities, and
673 participating local entities, using the Utah Public Finance Website; and
674 (ii) link to websites administered by participating local entities or independent entities
675 that do not use the Utah Public Finance Website for the purpose of providing participating
676 local entities' or independent entities' public financial information as required by this part and
677 by rule under Section 63A-3-404;
678 (b) allow a person who has Internet access to use the website without paying a fee;
679 (c) allow the public to search public financial information on the Utah Public Finance
680 Website using criteria established by the board;
681 (d) provide access to financial reports, financial audits, budgets, or other financial
682 documents that are used to allocate, appropriate, spend, and account for government funds, as
683 may be established by rule under Section 63A-3-404;
684 (e) have a unique and simplified website address;
685 (f) be directly accessible via a link from the main page of the official state website;
686 (g) include other links, features, or functionality that will assist the public in obtaining
687 and reviewing public financial information, as may be established by rule under Section
688 63A-3-404; and
689 (h) include a link to school report cards published on the State Board of Education's
690 website under Section [
691 (3) The division shall:
692 (a) establish and maintain the website, including the provision of equipment, resources,
693 and personnel as necessary;
694 (b) maintain an archive of all information posted to the website;
695 (c) coordinate and process the receipt and posting of public financial information from
696 participating state entities;
697 (d) coordinate and regulate the posting of public financial information by participating
698 local entities and independent entities; and
699 (e) provide staff support for the advisory committee.
700 (4) (a) A participating state entity and each independent entity shall permit the public
701 to view the entity's public financial information via the website, beginning with information
702 that is generated not later than the fiscal year that begins July 1, 2008, except that public
703 financial information for an:
704 (i) institution of higher education shall be provided beginning with information
705 generated for the fiscal year beginning July 1, 2009; and
706 (ii) independent entity shall be provided beginning with information generated for the
707 entity's fiscal year beginning in 2014.
708 (b) No later than May 15, 2009, the website shall:
709 (i) be operational; and
710 (ii) permit public access to participating state entities' public financial information,
711 except as provided in Subsections (4)(c) and (d).
712 (c) An institution of higher education that is a participating state entity shall submit the
713 entity's public financial information at a time allowing for inclusion on the website no later
714 than May 15, 2010.
715 (d) No later than the first full quarter after July 1, 2014, an independent entity shall
716 submit the entity's public financial information for inclusion on the Utah Public Finance
717 Website or via a link to its own website on the Utah Public Finance Website.
718 (5) (a) The Utah Educational Savings Plan, created in Section 53B-8a-103, shall
719 provide the following financial information to the division for posting on the Utah Public
720 Finance Website:
721 (i) administrative fund expense transactions from its general ledger accounting system;
722 and
723 (ii) employee compensation information.
724 (b) The plan is not required to submit other financial information to the division,
725 including:
726 (i) revenue transactions;
727 (ii) account owner transactions; and
728 (iii) fiduciary or commercial information, as defined in Section 53B-12-102.
729 (6) (a) The following independent entities shall each provide administrative expense
730 transactions from its general ledger accounting system and employee compensation
731 information to the division for posting on the Utah Public Finance Website or via a link to a
732 website administered by the independent entity:
733 (i) the Utah Capital Investment Corporation, created in Section 63N-6-301;
734 (ii) the Utah Housing Corporation, created in Section 63H-8-201; and
735 (iii) the School and Institutional Trust Lands Administration, created in Section
736 53C-1-201.
737 (b) For purposes of this part, an independent entity described in Subsection (6)(a) is not
738 required to submit to the division, or provide a link to, other financial information, including:
739 (i) revenue transactions of a fund or account created in its enabling statute;
740 (ii) fiduciary or commercial information related to any subject if the disclosure of the
741 information:
742 (A) would conflict with fiduciary obligations; or
743 (B) is prohibited by insider trading provisions;
744 (iii) information of a commercial nature, including information related to:
745 (A) account owners, borrowers, and dependents;
746 (B) demographic data;
747 (C) contracts and related payments;
748 (D) negotiations;
749 (E) proposals or bids;
750 (F) investments;
751 (G) the investment and management of funds;
752 (H) fees and charges;
753 (I) plan and program design;
754 (J) investment options and underlying investments offered to account owners;
755 (K) marketing and outreach efforts;
756 (L) lending criteria;
757 (M) the structure and terms of bonding; and
758 (N) financial plans or strategies; and
759 (iv) information protected from public disclosure by federal law.
760 (7) (a) As used in this Subsection (7):
761 (i) "Local education agency" means a school district or a charter school.
762 (ii) "New school building project" means:
763 (A) the construction of a school or school facility that did not previously exist in a local
764 education agency; or
765 (B) the lease or purchase of an existing building, by a local education agency, to be
766 used as a school or school facility.
767 (iii) "School facility" means a facility, including a pool, theater, stadium, or
768 maintenance building, that is built, leased, acquired, or remodeled by a local education agency
769 regardless of whether the facility is open to the public.
770 (iv) "Significant school remodel" means a construction project undertaken by a local
771 education agency with a project cost equal to or greater than $2,000,000, including:
772 (A) the upgrading, changing, alteration, refurbishment, modification, or complete
773 substitution of an existing school or school facility in a local education agency; or
774 (B) the addition of a school facility.
775 (b) For each new school building project or significant school remodel, the local
776 education agency shall:
777 (i) prepare an annual school plant capital outlay report; and
778 (ii) submit the report:
779 (A) to the division for publication on the Utah Public Finance Website; and
780 (B) in a format, including any raw data or electronic formatting, prescribed by
781 applicable division policy.
782 (c) The local education agency shall include in the capital outlay report described in
783 Subsection (7)(b)(i) the following information as applicable to each new school building
784 project or significant school remodel:
785 (i) the name and location of the new school building project or significant school
786 remodel;
787 (ii) construction and design costs, including:
788 (A) the purchase price or lease terms of any real property acquired or leased for the
789 project or remodel;
790 (B) facility construction;
791 (C) facility and landscape design;
792 (D) applicable impact fees; and
793 (E) furnishings and equipment;
794 (iii) the gross square footage of the project or remodel;
795 (iv) the year construction was completed; and
796 (v) the final student capacity of the new school building project or, for a significant
797 school remodel, the increase or decrease in student capacity created by the remodel.
798 (d) (i) For a cost, fee, or other expense required to be reported under Subsection (7)(c),
799 the local education agency shall report the actual cost, fee, or other expense.
800 (ii) The division may require that a local education agency provide further itemized
801 data on information listed in Subsection (7)(c).
802 (e) (i) No later than May 15, 2015, a local education agency shall provide the division a
803 school plant capital outlay report for each new school building project and significant school
804 remodel completed on or after July 1, 2004, and before May 13, 2014.
805 (ii) For a new school building project or significant school remodel completed after
806 May 13, 2014, the local education agency shall provide the school plant capital outlay report
807 described in this Subsection (7) to the division annually by a date designated by the division.
808 (8) A person who negligently discloses a record that is classified as private, protected,
809 or controlled by Title 63G, Chapter 2, Government Records Access and Management Act, is
810 not criminally or civilly liable for an improper disclosure of the record if the record is disclosed
811 solely as a result of the preparation or publication of the Utah Public Finance Website.
812 Section 18. Repealer.
813 This bill repeals:
814 Section 53A-1-1108, Calculation of additional points earned for high school
815 graduation and college and career readiness.
816 Section 53A-1-1109, Calculation of percent of maximum points earned.
817 Section 53A-1-1110, Letter grade based on percentage of maximum points earned.
818 Section 53A-1-1111, Students with disabilities.
819 Section 53A-1-1112, Reporting.
820 Section 53A-1-1113, Rules.
821 Section 53A-3-601, Legislative findings.
822 Section 53A-3-602.5, School performance report -- Components -- Annual filing.
823 Section 53A-3-603, State board models, guidelines, and training.
824 Section 19. Effective date.
825 This bill takes effect on September 15, 2017.
Legislative Review Note
Office of Legislative Research and General Counsel