Senator Ann Millner proposes the following substitute bill:


1     
STUDENT ASSESSMENT AND SCHOOL

2     
ACCOUNTABILITY AMENDMENTS

3     
2017 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Ann Millner

6     
House Sponsor: Bradley G. Last

7     

8     LONG TITLE
9     General Description:
10          This bill amends and enacts provisions related to assessments and accountability in the
11     public education system.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     repeals outdated references to the Utah Performance Assessment System for
16     Students or "U-PASS";
17          ▸     amends provisions related to the administration of statewide assessments;
18          ▸     enacts provisions related to a high school assessment;
19          ▸     repeals and reenacts provisions related to:
20               •     State Board of Education duties related to assessments; and
21               •     standards assessments;
22          ▸     amends other provisions related to assessments;
23          ▸     establishes a school accountability system;
24          ▸     enacts provisions related to the school accountability system, including provisions
25     related to:

26               •     the indicators and calculation of points used to determine a school's rating under
27     the school accountability system;
28               •     required rulemaking by the board; and
29                •     required reports;
30          ▸     repeals and reenacts, for technical purposes, provisions related to youth suicide
31     prevention training; and
32          ▸     makes technical and conforming changes.
33     Money Appropriated in this Bill:
34          None
35     Other Special Clauses:
36          This bill provides a special effective date.
37          This bill provides revisor instructions.
38     Utah Code Sections Affected:
39     AMENDS:
40          53A-1-301, as last amended by Laws of Utah 2016, Chapter 348
41          53A-1-402.6, as last amended by Laws of Utah 2015, Chapter 415
42          53A-1-413, as last amended by Laws of Utah 2016, Chapter 144
43          53A-1-601, as last amended by Laws of Utah 2000, Chapter 219
44          53A-1-602, as last amended by Laws of Utah 2015, Chapters 222 and 415
45          53A-1-603.5, as enacted by Laws of Utah 2006, Chapter 147
46          53A-1-605, as last amended by Laws of Utah 2015, Chapter 222
47          53A-1-607, as last amended by Laws of Utah 2009, Chapter 299
48          53A-1-608, as enacted by Laws of Utah 1990, Chapter 267
49          53A-1-610, as enacted by Laws of Utah 1990, Chapter 267
50          53A-1-611, as last amended by Laws of Utah 2016, Chapter 203
51          53A-1-613, as enacted by Laws of Utah 2013, Chapter 161
52          53A-1-708, as last amended by Laws of Utah 2016, Chapters 144 and 221
53          53A-1-1202, as last amended by Laws of Utah 2016, Chapter 241
54          53A-1-1203, as last amended by Laws of Utah 2016, Chapter 241
55          53A-1-1206, as last amended by Laws of Utah 2016, Chapter 241
56          53A-1-1207, as last amended by Laws of Utah 2016, Chapter 241

57          53A-1-1209, as last amended by Laws of Utah 2016, Chapter 331
58          53A-1a-106, as last amended by Laws of Utah 2012, Chapter 315
59          53A-1a-504, as last amended by Laws of Utah 2016, Chapter 213
60          53A-1a-510, as last amended by Laws of Utah 2015, Chapter 449
61          53A-17a-166, as enacted by Laws of Utah 2011, Chapter 359
62          53A-25b-304, as last amended by Laws of Utah 2012, Chapter 291
63     ENACTS:
64          53A-1-611.5, Utah Code Annotated 1953
65          53A-1-1113.5, Utah Code Annotated 1953
66          53A-15-1303, Utah Code Annotated 1953
67     REPEALS AND REENACTS:
68          53A-1-603, as last amended by Laws of Utah 2016, Chapters 203 and 221
69          53A-1-604, as last amended by Laws of Utah 2013, Chapter 161
70          53A-1-1101, as enacted by Laws of Utah 2011, Chapter 417
71          53A-1-1102, as last amended by Laws of Utah 2015, Chapter 452
72          53A-1-1103, as last amended by Laws of Utah 2015, Chapter 415
73          53A-1-1104, as last amended by Laws of Utah 2015, Chapters 258 and 452
74          53A-1-1105, as last amended by Laws of Utah 2013, Chapter 478 and last amended by
75     Coordination Clause, Laws of Utah 2013, Chapter 478
76          53A-1-1106, as last amended by Laws of Utah 2013, Chapter 478
77          53A-1-1107, as last amended by Laws of Utah 2014, Chapter 403
78          53A-1-1108, as last amended by Laws of Utah 2014, Chapter 403
79          53A-1-1109, as enacted by Laws of Utah 2011, Chapter 417
80          53A-1-1110, as last amended by Laws of Utah 2016, Chapter 349
81          53A-1-1111, as enacted by Laws of Utah 2011, Chapter 417
82          53A-1-1112, as last amended by Laws of Utah 2013, Chapter 478
83     REPEALS:
84          53A-1-1104.5, as enacted by Laws of Utah 2014, Chapter 403
85          53A-1-1107.5, as last amended by Laws of Utah 2015, Chapter 452
86          53A-1-1113, as enacted by Laws of Utah 2011, Chapter 417
87          53A-3-601, as last amended by Laws of Utah 2000, Chapter 219

88          53A-3-602.5, as last amended by Laws of Utah 2015, Chapter 415
89          53A-3-603, as last amended by Laws of Utah 2016, Chapter 144
90     Utah Code Sections Affected by Revisor Instructions:
91          53A-1-413, as last amended by Laws of Utah 2016, Chapter 144
92     

93     Be it enacted by the Legislature of the state of Utah:
94          Section 1. Section 53A-1-301 is amended to read:
95          53A-1-301. Appointment -- Qualifications -- Duties.
96          (1) (a) The State Board of Education shall appoint a superintendent of public
97     instruction, hereinafter called the state superintendent, who is the executive officer of the
98     [board] State Board of Education and serves at the pleasure of the [board] State Board of
99     Education.
100          (b) The [board] State Board of Education shall appoint the state superintendent on the
101     basis of outstanding professional qualifications.
102          (c) The state superintendent shall administer all programs assigned to the State Board
103     of Education in accordance with the policies and the standards established by the [board] State
104     Board of Education.
105          (2) The State Board of Education shall, with the [appointed] state superintendent,
106     develop a statewide education strategy focusing on core academics, including the development
107     of:
108          (a) core standards for Utah public schools and graduation requirements;
109          (b) a process to select model instructional materials that best correlate [to] with the
110     core standards for Utah public schools and graduation requirements that are supported by
111     generally accepted scientific standards of evidence;
112          (c) professional development programs for teachers, superintendents, and principals;
113          (d) model remediation programs;
114          (e) a model method for creating individual student learning targets, and a method of
115     measuring an individual student's performance toward those targets;
116          (f) progress-based assessments for ongoing performance evaluations of school districts
117     and schools;
118          (g) incentives to achieve the desired outcome of individual student progress in core

119     academics[, and which] that do not create disincentives for setting high goals for the students;
120          (h) an annual report card for school and school district performance, measuring
121     learning and reporting progress-based assessments;
122          (i) a systematic method to encourage innovation in schools and school districts as [they
123     strive] each strives to achieve improvement in [their] performance; and
124          (j) a method for identifying and sharing best demonstrated practices across school
125     districts and schools.
126          (3) The state superintendent shall perform duties assigned by the [board] State Board
127     of Education, including [the following]:
128          (a) investigating all matters pertaining to the public schools;
129          (b) adopting and keeping an official seal to authenticate the state superintendent's
130     official acts;
131          (c) holding and conducting meetings, seminars, and conferences on educational topics;
132          (d) presenting to the governor and the Legislature each December a report of the public
133     school system for the preceding year [to include] that includes:
134          (i) data on the general condition of the schools with recommendations considered
135     desirable for specific programs;
136          (ii) a complete statement of fund balances;
137          (iii) a complete statement of revenues by fund and source;
138          (iv) a complete statement of adjusted expenditures by fund, the status of bonded
139     indebtedness, the cost of new school plants, and school levies;
140          (v) a complete statement of state funds allocated to each school district and charter
141     school by source, including supplemental appropriations, and a complete statement of
142     expenditures by each school district and charter school, including supplemental appropriations,
143     by function and object as outlined in the United States Department of Education publication
144     "Financial Accounting for Local and State School Systems";
145          (vi) a complete statement, by school district and charter school, of the amount of and
146     percentage increase or decrease in expenditures from the previous year attributed to:
147          (A) wage increases, with expenditure data for base salary adjustments identified
148     separately from step and lane expenditures;
149          (B) medical and dental premium cost adjustments; and

150          (C) adjustments in the number of teachers and other staff;
151          (vii) a statement that includes data on:
152          (A) fall enrollments;
153          (B) average membership;
154          (C) high school graduates;
155          (D) licensed and classified employees, including data reported by school districts on
156     educator ratings pursuant to Section 53A-8a-410;
157          (E) pupil-teacher ratios;
158          (F) average class sizes [calculated in accordance with State Board of Education rules
159     adopted under Subsection 53A-3-602.5(4)];
160          (G) average salaries;
161          (H) applicable private school data; and
162          (I) data from [standardized norm-referenced tests in grades 5, 8, and 11 on] statewide
163     assessments described in Section 53A-1-602 for each school and school district;
164          (viii) statistical information regarding incidents of delinquent activity in the schools or
165     at school-related activities with separate categories for:
166          (A) alcohol and drug abuse;
167          (B) weapon possession;
168          (C) assaults; and
169          (D) arson;
170          (ix) information about:
171          (A) the development and implementation of the strategy of focusing on core
172     academics;
173          (B) the development and implementation of competency-based education and
174     progress-based assessments; and
175          (C) the results being achieved under Subsections (3)(d)(ix)(A) and (B), as measured by
176     individual progress-based assessments and a comparison of Utah students' progress with the
177     progress of students in other states using standardized norm-referenced tests as benchmarks;
178     and
179          (x) other statistical and financial information about the school system [which] that the
180     state superintendent considers pertinent;

181          (e) collecting and organizing education data into an automated decision support system
182     to facilitate school district and school improvement planning, accountability reporting,
183     performance recognition, and the evaluation of educational policy and program effectiveness to
184     include:
185          (i) data that are:
186          (A) comparable across schools and school districts;
187          (B) appropriate for use in longitudinal studies; and
188          (C) comprehensive with regard to the data elements required under applicable state or
189     federal law or [state board] State Board of Education rule;
190          (ii) features that enable users, most particularly school administrators, teachers, and
191     parents, to:
192          (A) retrieve school and school district level data electronically;
193          (B) interpret the data visually; and
194          (C) draw conclusions that are statistically valid; and
195          (iii) procedures for the collection and management of education data that:
196          (A) require the state superintendent [of public instruction] to:
197          (I) collaborate with school districts in designing and implementing uniform data
198     standards and definitions;
199          (II) undertake or sponsor research to implement improved methods for analyzing
200     education data;
201          (III) provide for data security to prevent unauthorized access to or contamination of the
202     data; and
203          (IV) protect the confidentiality of data under state and federal privacy laws; and
204          (B) require all school districts and schools to comply with the data collection and
205     management procedures established under Subsection (3)(e);
206          (f) administering and implementing federal educational programs in accordance with
207     Title 53A, Chapter 1, Part 9, Implementing Federal or National Education Programs Act; and
208          (g) with the approval of the [board] State Board of Education, preparing and
209     submitting to the governor a budget for the [board] State Board of Education to be included in
210     the budget that the governor submits to the Legislature.
211          (4) The state superintendent shall distribute funds deposited in the Autism Awareness

212     Restricted Account created in Section 53A-1-304 in accordance with the requirements of
213     Section 53A-1-304.
214          (5) Upon leaving office, the state superintendent shall deliver to the state
215     superintendent's successor all books, records, documents, maps, reports, papers, and other
216     articles pertaining to the state superintendent's office.
217          (6) (a) For the [purpose] purposes of Subsection (3)(d)(vii):
218          (i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
219     students enrolled in a school by the number of full-time equivalent teachers assigned to the
220     school, including regular classroom teachers, school-based specialists, and special education
221     teachers;
222          (ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
223     the schools within a school district;
224          (iii) the pupil-teacher ratio for charter schools aggregated shall be the median
225     pupil-teacher ratio of charter schools in the state; and
226          (iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
227     pupil-teacher ratio of public schools in the state.
228          (b) The printed copy of the report required by Subsection (3)(d) shall:
229          (i) include the pupil-teacher ratio for:
230          (A) each school district;
231          (B) the charter schools aggregated; and
232          (C) the state's public schools aggregated; and
233          (ii) [indicate the Internet] identify a website where pupil-teacher ratios for each school
234     in the state may be accessed.
235          Section 2. Section 53A-1-402.6 is amended to read:
236          53A-1-402.6. Core standards for Utah public schools.
237          (1) (a) In establishing minimum standards related to curriculum and instruction
238     requirements under Section 53A-1-402, the State Board of Education shall, in consultation
239     with local school boards, school superintendents, teachers, employers, and parents implement
240     core standards for Utah public schools that will enable students to, among other objectives:
241          (i) communicate effectively, both verbally and through written communication;
242          (ii) apply mathematics; and

243          (iii) access, analyze, and apply information.
244          (b) Except as provided in this title, the State Board of Education may recommend but
245     may not require a local school board or charter school governing board to use:
246          (i) a particular curriculum or instructional material; or
247          (ii) a model curriculum or instructional material.
248          (2) The [board] State Board of Education shall, in establishing the core standards for
249     Utah public schools:
250          (a) identify the basic knowledge, skills, and competencies each student is expected to
251     acquire or master as the student advances through the public education system; and
252          (b) align with each other the core standards for Utah public schools and [tests
253     administered under the Utah Performance Assessment System for Students (U-PASS) with
254     each other.] the assessments described in Section 53A-1-604.
255          (3) The basic knowledge, skills, and competencies identified pursuant to Subsection
256     (2)(a) shall increase in depth and complexity from year to year and focus on consistent and
257     continual progress within and between grade levels and courses in the basic academic areas of:
258          (a) English, including explicit phonics, spelling, grammar, reading, writing,
259     vocabulary, speech, and listening; and
260          (b) mathematics, including basic computational skills.
261          (4) Before adopting core standards for Utah public schools, the State Board of
262     Education shall:
263          (a) publicize draft core standards for Utah public schools on the State Board of
264     Education's website and the Utah Public Notice website created under Section 63F-1-701;
265          (b) invite public comment on the draft core standards for Utah public schools for a
266     period of not less than 90 days; and
267          (c) conduct three public hearings that are held in different regions of the state on the
268     draft core standards for Utah public schools.
269          (5) Local school boards shall design their school programs, that are supported by
270     generally accepted scientific standards of evidence, to focus on the core standards for Utah
271     public schools with the expectation that each program will enhance or help achieve mastery of
272     the core standards for Utah public schools.
273          (6) Except as provided in Section 53A-13-101, each school may select instructional

274     materials and methods of teaching, that are supported by generally accepted scientific standards
275     of evidence, that [it] the school considers most appropriate to meet the core standards for Utah
276     public schools.
277          (7) The state may exit any agreement, contract, memorandum of understanding, or
278     consortium that cedes control of the core standards for Utah public schools to any other entity,
279     including a federal agency or consortium, for any reason, including:
280          (a) the cost of developing or implementing the core standards for Utah public schools;
281          (b) the proposed core standards for Utah public schools are inconsistent with
282     community values; or
283          (c) the agreement, contract, memorandum of understanding, or consortium:
284          (i) was entered into in violation of Part 9, Implementing Federal or National Education
285     Programs Act, or Title 63J, Chapter 5, Federal Funds Procedures Act;
286          (ii) conflicts with Utah law;
287          (iii) requires Utah student data to be included in a national or multi-state database;
288          (iv) requires records of teacher performance to be included in a national or multi-state
289     database; or
290          (v) imposes curriculum, assessment, or data tracking requirements on home school or
291     private school students.
292          (8) The State Board of Education shall annually report to the Education Interim
293     Committee on the development and implementation of the core standards for Utah public
294     schools, including the time line established for the review of the core standards for Utah public
295     schools by a standards review committee and the recommendations of a standards review
296     committee established under Section 53A-1-402.8.
297          Section 3. Section 53A-1-413 is amended to read:
298          53A-1-413. Student Achievement Backpack -- Utah Student Record Store.
299          (1) As used in this section:
300          (a) "Authorized LEA user" means a teacher or other person who is:
301          (i) employed by an LEA that provides instruction to a student; and
302          (ii) authorized to access data in a Student Achievement Backpack through the Utah
303     Student Record Store.
304          (b) "LEA" means a school district, charter school, or the Utah Schools for the Deaf and

305     the Blind.
306          (c) "Statewide assessment" means the same as that term is defined in Section
307     53A-1-602.
308          [(c)] (d) "Student Achievement Backpack" means, for a student from kindergarten
309     through grade 12, a complete learner profile that:
310          (i) is in electronic format;
311          (ii) follows the student from grade to grade and school to school; and
312          (iii) is accessible by the student's parent or guardian or an authorized LEA user.
313          [(d) "U-PASS" means the Utah Performance Assessment System for Students
314     established in Part 6, Achievement Tests.]
315          (e) "Utah Student Record Store" means a repository of student data collected from
316     LEAs as part of the state's longitudinal data system that is:
317          (i) managed by the State Board of Education;
318          (ii) cloud-based; and
319          (iii) accessible via a web browser to authorized LEA users.
320          (2) (a) The State Board of Education shall use the State Board of Education's robust,
321     comprehensive data collection system, which collects longitudinal student transcript data from
322     LEAs and the unique student identifiers as described in Section 53A-1-603.5, to allow the
323     following to access a student's Student Achievement Backpack:
324          (i) the student's parent or guardian; and
325          (ii) each LEA that provides instruction to the student.
326          (b) The State Board of Education shall ensure that a Student Achievement Backpack:
327          (i) provides a uniform, transparent reporting mechanism for individual student
328     progress;
329          (ii) provides a complete learner history for postsecondary planning;
330          (iii) provides a teacher with visibility into a student's complete learner profile to better
331     inform instruction and personalize education;
332          (iv) assists a teacher or administrator in diagnosing a student's learning needs through
333     the use of data already collected by the State Board of Education;
334          (v) facilitates a student's parent or guardian taking an active role in the student's
335     education by simplifying access to the student's complete learner profile; and

336          (vi) serves as additional disaster mitigation for LEAs by using a cloud-based data
337     storage and collection system.
338          (3) Using existing information collected and stored in the State Board of Education's
339     data warehouse, the State Board of Education shall create the Utah Student Record Store where
340     an authorized LEA user may:
341          (a) access data in a Student Achievement Backpack relevant to the user's LEA or
342     school; or
343          (b) request student records to be transferred from one LEA to another.
344          (4) The State Board of Education shall implement security measures to ensure that:
345          (a) student data stored or transmitted to or from the Utah Student Record Store is
346     secure and confidential pursuant to the requirements of the Family Educational Rights and
347     Privacy Act, 20 U.S.C. Sec. 1232g; and
348          (b) an authorized LEA user may only access student data that is relevant to the user's
349     LEA or school.
350          (5) A student's parent or guardian may request the student's Student Achievement
351     Backpack from the LEA or the school in which the student is enrolled.
352          (6) [No later than June 30, 2014, an] An authorized LEA user [shall be able to] may
353     access student data in a Student Achievement Backpack, which shall include the following
354     data, or request that the data be transferred from one LEA to another:
355          (a) student demographics;
356          (b) course grades;
357          (c) course history; and
358          (d) results [for an] of a statewide assessment [administered under U-PASS].
359          (7) [No later than June 30, 2015, an] An authorized LEA user [shall be able to] may
360     access student data in a Student Achievement Backpack, which shall include the data listed in
361     Subsections (6)(a) through (d) and the following data, or request that the data be transferred
362     from one LEA to another:
363          (a) section attendance;
364          (b) the name of a student's teacher for classes or courses the student takes;
365          (c) teacher qualifications for a student's teacher, including years of experience, degree,
366     license, and endorsement;

367          (d) results of [formative, interim, and summative computer adaptive assessments
368     administered pursuant to Section 53A-1-603] statewide assessments;
369          [(e) detailed data demonstrating a student's mastery of the core standards for Utah
370     public schools and objectives as measured by computer adaptive assessments administered
371     pursuant to Section 53A-1-603;]
372          [(f)] (e) a student's writing sample that is written for [an online] a writing assessment
373     administered pursuant to Section [53A-1-603] 53A-1-604;
374          [(g)] (f) student growth scores [for U-PASS tests] on a statewide assessment, as
375     applicable;
376          [(h)] (g) a school's grade assigned pursuant to Part 11, School Grading Act;
377          [(i)] (h) results of benchmark assessments of reading administered pursuant to Section
378     53A-1-606.6; and
379          [(j)] (i) a student's reading level at the end of grade 3.
380          (8) No later than June 30, 2017, the State Board of Education shall ensure that data
381     collected in the Utah Student Record Store for a Student Achievement Backpack [shall be] is
382     integrated into each LEA's student information system and [shall be] is made available to a
383     student's parent or guardian and an authorized LEA user in an easily accessible viewing format.
384          Section 4. Section 53A-1-601 is amended to read:
385          53A-1-601. Legislative intent.
386          (1) [It is the intent of the Legislature in] In enacting this part, the Legislature intends to
387     determine the effectiveness of school districts and schools in assisting students to master the
388     fundamental educational skills [towards] toward which instruction is directed.
389          (2) [(a) The Utah Performance Assessment System for Students enacted under this part
390     shall provide] The board shall ensure that a statewide assessment provides the public, the
391     Legislature, the [State Board of Education] board, school districts, public schools, and school
392     teachers with:
393          (a) evaluative information regarding the various levels of proficiency achieved by
394     students, so that they may have an additional tool to plan, measure, and evaluate the
395     effectiveness of programs in the public schools[.]; and
396          (b) [The] information [may also be used] to recognize excellence and to identify the
397     need for additional resources or to reallocate educational resources in a manner to [assure]

398     ensure educational opportunities for all students and to improve existing programs.
399          Section 5. Section 53A-1-602 is amended to read:
400          53A-1-602. Definitions.
401          As used in this part:
402          [(1) "Basic academic subject" means a subject that requires mastery of specific
403     functions, as defined under rules made by the State Board of Education, to include reading,
404     language arts, mathematics, science in grades 4 through 12, and effectiveness of written
405     expression.]
406          (1) "Board" means the State Board of Education.
407          (2) "Core standards for Utah public schools" means the standards [developed and
408     adopted by the State Board of Education that define the knowledge and skills students should
409     have in kindergarten through grade 12 to enable students to be prepared for college or
410     workforce training.] established by the board as described in Section 53A-1-402.6.
411          (3) "Individualized education program" or "IEP" means a written statement for a
412     student with a disability that is developed, reviewed, and revised in accordance with the
413     Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
414          [(4) "Utah Performance Assessment System for Students" or "U-PASS" means:]
415          [(a) as determined by the State Board of Education, criterion-referenced achievement
416     testing or online computer adaptive testing of students in grades 3 through 12 in basic academic
417     subjects;]
418          [(b) an online writing assessment in grades 5 and 8;]
419          (4) "Statewide assessment" means one or more of the following, as applicable:
420          (a) a standards assessment described in Section 53A-1-604;
421          (b) a high school assessment described in Section 53A-1-611.5;
422          (c) a college readiness [assessments as detailed] assessment described in Section
423     53A-1-611; [and] or
424          (d) [testing] an assessment of students in grade 3 to measure reading grade level
425     described in Section 53A-1-606.6.
426          Section 6. Section 53A-1-603 is repealed and reenacted to read:
427          53A-1-603. Statewide assessments -- Duties of State Board of Education.
428          (1) The board shall:

429          (a) require the state superintendent of public instruction to:
430          (i) submit and recommend statewide assessments to the board for adoption by the
431     board; and
432          (ii) distribute the statewide assessments adopted by the board to a school district or
433     charter school;
434          (b) provide for the state to participate in the National Assessment of Educational
435     Progress state-by-state comparison testing program; and
436          (c) require a school district or charter school to administer statewide assessments.
437          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
438     board shall make rules for the administration of statewide assessments.
439          (3) The board shall ensure that statewide assessments are administered in compliance
440     with the requirements of Part 14, Student Data Protection Act, and Chapter 13, Part 3, Utah
441     Family Educational Rights and Privacy Act.
442          Section 7. Section 53A-1-603.5 is amended to read:
443          53A-1-603.5. Unique student identifier -- Coordination of higher education and
444     public education information technology systems.
445          (1) As used in this section, "unique student identifier" means an alphanumeric code
446     assigned to each public education student for identification purposes, which:
447          (a) is not assigned to any former or current student; and
448          (b) does not incorporate personal information, including a birth date or Social Security
449     number.
450          (2) The [State Board of Education] board, through the superintendent of public
451     instruction, shall assign each public education student a unique student identifier, which shall
452     be used to track individual student performance on achievement tests administered under this
453     part.
454          (3) The [State Board of Education] board and the State Board of Regents shall
455     coordinate public education and higher education information technology systems to allow
456     individual student academic achievement to be tracked through both education systems in
457     accordance with this section and Section 53B-1-109.
458          (4) The [State Board of Education] board and the State Board of Regents shall
459     coordinate access to the unique student identifier of a public education student who later

460     attends an institution within the state system of higher education.
461          Section 8. Section 53A-1-604 is repealed and reenacted to read:
462          53A-1-604. Utah standards assessments -- Administration -- Review committee.
463          (1) As used in this section, "computer adaptive assessment" means an assessment that
464     measures the range of a student's ability by adapting to the student's responses, selecting more
465     difficult or less difficult questions based on the student's responses.
466          (2) The board shall:
467          (a) adopt a standards assessment that:
468          (i) measures a student's proficiency in:
469          (A) mathematics for students in each of grades 3 through 8;
470          (B) English language arts for students in each of grades 3 through 8;
471          (C) science for students in each of grades 4 through 8; and
472          (D) writing for students in at least grades 5 and 8; and
473          (ii) except for the writing measurement described in Subsection (2)(a)(i)(D), is a
474     computer adaptive assessment; and
475          (b) ensure that an assessment described in Subsection (2)(a) is:
476          (i) a criterion referenced assessment;
477          (ii) administered online;
478          (iii) aligned with the core standards for Utah public schools; and
479          (iv) adaptable to competency-based education as defined in Section 53A-15-1802.
480          (3) A school district or charter school shall annually administer the standards
481     assessment adopted by the board under Subsection (2) to all students in the subjects and grade
482     levels described in Subsection (2).
483          (4) A student's score on the standards assessment adopted under Subsection (2) may
484     not be considered in determining:
485          (a) the student's academic grade for a course; or
486          (b) whether the student may advance to the next grade level.
487          (5) (a) The board shall establish a committee consisting of 15 parents of Utah public
488     education students to review all standards assessment questions.
489          (b) The committee established in Subsection (5)(a) shall include the following parent
490     members:

491          (i) five members appointed by the chair of the board;
492          (ii) five members appointed by the speaker of the House of Representatives or the
493     speaker's designee; and
494          (iii) five members appointed by the president of the Senate or the president's designee.
495          (c) The board shall provide staff support to the parent committee.
496          (d) The term of office of each member appointed in Subsection (5)(b) is four years.
497          (e) The chair of the board, the speaker of the House of Representatives, and the
498     president of the Senate shall adjust the length of terms to stagger the terms of committee
499     members so that approximately half of the committee members are appointed every two years.
500          (f) No member may receive compensation or benefits for the member's service on the
501     committee.
502          Section 9. Section 53A-1-605 is amended to read:
503          53A-1-605. Analysis of results -- Staff professional development.
504          (1) The [State Board of Education] board, through the state superintendent of public
505     instruction, shall develop [a plan] an online data reporting tool to analyze the results of [the
506     U-PASS scores for all grade levels and courses required under Section 53A-1-603.] statewide
507     assessments.
508          (2) The [plan] online data reporting tool shall include components designed to:
509          (a) assist school districts and individual schools to use the results of the analysis in
510     planning, evaluating, and enhancing programs; [and]
511          (b) identify schools not achieving state-established acceptable levels of student
512     performance in order to assist those schools in [raising their] improving student performance
513     levels[. (3) The plan shall include provisions]; and
514          (c) provide:
515          (i) for statistical reporting of [criterion-referenced or online computer adaptive test]
516     statewide assessment results at state, school district, school, and grade or course levels[,]; and
517     [shall include]
518          (ii) actual levels of performance on [tests] statewide assessments.
519          [(4) Each] (3) A local school board [and] or charter school governing board shall
520     provide for:
521          (a) evaluation of the [U-PASS test] statewide assessment results and use of the

522     evaluations in setting goals and establishing programs; and
523          (b) a professional development program that provides teachers, principals, and other
524     professional staff with the training required to successfully establish and maintain [U-PASS]
525     statewide assessments.
526          Section 10. Section 53A-1-607 is amended to read:
527          53A-1-607. Scoring -- Reports of results.
528          (1) [Each] For a statewide assessment that requires the use of a student answer sheet, a
529     local school board [and] or charter school governing board shall submit all answer sheets [for
530     the achievement tests administered under U-PASS] on a per-school and per-class basis to the
531     state superintendent of public instruction for scoring unless the [test] assessment requires
532     scoring by a national testing service.
533          (2) The district, school, and class results of the [U-PASS testing program] statewide
534     assessments, but not the score or relative position of individual students, shall be reported to
535     each local school board or charter school governing board annually at a regularly scheduled
536     meeting.
537          (3) [Each local board and] A local school board or charter school governing board:
538          (a) shall make copies of the report available to the general public upon request[. (4)
539     The board]; and
540          (b) may charge a fee for [the copying costs] the cost of copying the report.
541          [(5) The State Board of Education]
542          (4) (a) The board shall annually provide to school districts and charter schools a
543     comprehensive report for each of [their] the school district's and charter school's students
544     showing the student's [U-PASS test] statewide assessment results for each year that the student
545     took a [U-PASS test. School districts and charter schools] statewide assessment.
546          (b) A school district or charter school shall give a copy of the comprehensive report to
547     the student's parents and make the report available to school staff, as appropriate.
548          Section 11. Section 53A-1-608 is amended to read:
549          53A-1-608. Preparation for tests.
550          (1) School district employees may not [carry on] conduct any specific instruction or
551     preparation of students [which] that would be a breach of testing ethics, such as the teaching of
552     specific test questions.

553          (2) School district employees who administer the test shall follow the standardization
554     procedures in the [publisher's] test administration manual for an assessment and any additional
555     specific instructions developed by the [State Board of Education] board.
556          (3) The [State Board of Education] board may revoke the certification of an individual
557     who violates this section.
558          Section 12. Section 53A-1-610 is amended to read:
559          53A-1-610. Grade level specification change.
560          (1) [The State Board of Education may replace the grade] The board may change a
561     grade level specification for the administration of specific [tests] assessments under this part
562     [with a specification of age or time elapsed since the student entered school if the replacement]
563     to a different grade level specification or a competency-based specification if the specification
564     is more consistent with patterns of school organization.
565          (2) [The] (a) If the board changes a grade level specification described in Subsection
566     (1), the board shall submit a report to the Legislature explaining the reasons for [replacing]
567     changing the grade level specification.
568          (b) The board shall submit the report at least six months [prior to] before the
569     anticipated change.
570          Section 13. Section 53A-1-611 is amended to read:
571          53A-1-611. College readiness assessments.
572          (1) The Legislature recognizes the need for the [State Board of Education] board to
573     develop and implement standards and assessment processes to ensure that student progress is
574     measured and that school boards and school personnel are accountable.
575          [(2) In addition to its responsibilities under Sections 53A-1-603 through 53A-1-605,
576     the State Board of Education shall:]
577          [(a) adopt college readiness assessments for secondary students; and]
578          [(b) require a school district or charter school to administer the college readiness
579     assessments adopted by the State Board of Education.]
580          [(3) A college readiness assessment adopted by the State Board of Education:]
581          [(a) shall include the college admissions test that includes an assessment of language
582     arts, mathematics, and science that is]
583          (2) The board shall adopt a college readiness assessment for secondary students that:

584          (a) is the college readiness assessment most commonly submitted to local universities;
585     and
586          (b) may include:
587          (i) the Armed Services Vocational Aptitude Battery; [and] or
588          (ii) a battery of assessments that are predictive of success in higher education.
589          [(4)] (3) (a) Except as provided in Subsection [(4)(b), the State Board of Education
590     shall require] (3)(b), a school district or charter school [to] shall annually administer [a test] the
591     college readiness assessment adopted under Subsection [(3)(a)] (2) to all students in grade 11.
592          (b) A student with an IEP may take an appropriate college readiness assessment other
593     than [a test] the assessment adopted by the [State Board of Education] board under Subsection
594     [(3)(a)] (2), as determined by the student's IEP.
595          Section 14. Section 53A-1-611.5 is enacted to read:
596          53A-1-611.5. High school assessments.
597          (1) The board shall adopt a high school assessment that:
598          (a) is predictive of a student's college readiness as measured by the college readiness
599     assessment described in Section 53A-1-611; and
600          (b) provides a growth score for a student from grade 9 to 10.
601          (2) A school district or charter school shall annually administer the high school
602     assessment adopted by the board under Subsection (1) to all students in grades 9 and 10.
603          Section 15. Section 53A-1-613 is amended to read:
604          53A-1-613. Online test preparation program.
605          (1) The [State Board of Education] board shall contract with a provider, selected
606     through a request for proposals process, to provide an online [program to prepare students to
607     take the college admissions test that includes an assessment of language arts, mathematics, and
608     science] college readiness diagnostic tool that is aligned with the college readiness assessment
609     that is most commonly submitted to local universities.
610          (2) An online test preparation program described in Subsection (1):
611          (a) (i) shall allow a student to independently access online materials and learn at the
612     student's own pace; and
613          (ii) may be used to provide classroom and teacher-assisted instruction;
614          (b) shall provide online study materials, diagnostic exams, drills, and practice tests in

615     an approach that is engaging to high school students;
616          (c) shall enable electronic reporting of student progress to administrators, teachers,
617     parents, and other facilitators;
618          (d) shall record a student's progress in an online dashboard that provides diagnostic
619     assessment of the content areas tested and identifies mastery of corresponding skill sets; and
620          (e) shall provide training and professional development to personnel in school districts
621     and charter schools on how to utilize the online test preparation program and provide
622     teacher-assisted instruction to students.
623          [(3) To be eligible to administer a college admissions test provided by the State Board
624     of Education from funds appropriated for college readiness assessments, a school district or
625     charter school shall:]
626          [(a) promote the use of the online test preparation program; and]
627          [(b) inform parents and students of the availability of, and how to access and use, the
628     online test preparation program. (4) The State Board of Education,]
629          (3) The board, school districts, and charter schools shall make the online test
630     preparation program available to a student:
631          (a) beginning in the 2013-14 school year; and
632          (b) for at least one full year[, except a student in grade 11 in the 2013-14 school year
633     shall have access to the online test preparation program as soon as the program can be made
634     operational].
635          Section 16. Section 53A-1-708 is amended to read:
636          53A-1-708. Grants for online delivery of statewide assessments.
637          (1) As used in this section:
638          (a) "Adaptive tests" means tests administered during the school year using an online
639     adaptive test system.
640          (b) "Core standards for Utah public schools" means the standards [developed and
641     adopted by the State Board of Education that define the knowledge and skills students should
642     have in kindergarten through grade 12 to enable students to be prepared for college or
643     workforce training.] established by the State Board of Education as described in Section
644     53A-1-402.6.
645          (c) "Statewide assessment" means the same as that term is defined in Section

646     53A-1-602.
647          [(c)] (d) "Summative tests" means tests administered near the end of a course to assess
648     overall achievement of course goals.
649          [(d)] (e) "Uniform online summative test system" means a single system for the online
650     delivery of summative tests required [under U-PASS] as statewide assessments that:
651          (i) is coordinated by the State Board of Education;
652          (ii) ensures the reliability and security of [U-PASS tests] statewide assessments; and
653          (iii) is selected through collaboration between the State Board of Education and school
654     district representatives with expertise in technology, assessment, and administration.
655          [(e) "U-PASS" means the Utah Performance Assessment System for Students.]
656          (2) The State Board of Education may award grants to school districts and charter
657     schools to implement [one or both of the following]:
658          (a) a uniform online summative test system to enable [parents of students and] school
659     staff and parents of students to review [U-PASS test] statewide assessment scores by the end of
660     the school year; or
661          (b) an online adaptive test system to enable parents of students and school staff to
662     measure and monitor a student's academic progress during a school year.
663          (3) (a) Grant money may be used to pay for any of the following, provided it is directly
664     related to implementing a uniform online summative test system, an online adaptive test
665     system, or both:
666          (i) computer equipment and peripherals, including electronic data capture devices
667     designed for electronic test administration and scoring;
668          (ii) software;
669          (iii) networking equipment;
670          (iv) upgrades of existing equipment or software;
671          (v) upgrades of existing physical plant facilities;
672          (vi) personnel to provide technical support or coordination and management; and
673          (vii) teacher professional development.
674          (b) Equipment purchased in compliance with Subsection (3)(a), when not in use for the
675     online delivery of summative tests or adaptive tests required [under U-PASS] as statewide
676     assessments, may be used for other purposes.

677          (4) [The] In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
678     Act, the State Board of Education shall make rules:
679          (a) establishing procedures for applying for and awarding grants;
680          (b) specifying how grant money [shall be] is allocated among school districts and
681     charter schools;
682          (c) requiring reporting of grant money expenditures and evidence showing that the
683     grant money has been used to implement a uniform online summative test system, an online
684     adaptive test system, or both;
685          (d) establishing technology standards for an online adaptive testing system;
686          (e) requiring a school district or charter school that receives a grant under this section
687     to implement, in compliance with [Chapter 1,] Part 14, Student Data Protection Act, and
688     Chapter 13, Part 3, Utah Family Educational Rights and Privacy Act, an online adaptive test
689     system by the 2014-15 school year that:
690          (i) meets the technology standards established under Subsection (4)(d); and
691          (ii) is aligned with the core standards for Utah public schools;
692          (f) requiring a school district or charter school to provide matching funds to implement
693     a uniform online summative test system, an online adaptive test system, or both in an amount
694     that is greater than or equal to the amount of a grant received under this section; and
695          (g) ensuring that student identifiable data is not released to any person, except as
696     provided by [Chapter 1,] Part 14, Student Data Protection Act, Section 53A-13-301, and rules
697     of the State Board of Education adopted under that section.
698          (5) If a school district or charter school uses grant money for purposes other than those
699     stated in Subsection (3), the school district or charter school is liable for reimbursing the State
700     Board of Education in the amount of the grant money improperly used.
701          (6) A school district or charter school may not use federal funds to provide the
702     matching funds required to receive a grant under this section.
703          (7) A school district may not impose a tax rate above the certified tax rate for the
704     purpose of generating revenue to provide matching funds for a grant under this section.
705          Section 17. Section 53A-1-1101 is repealed and reenacted to read:
706     
Part 11. School Accountability System

707          53A-1-1101. Title.

708          This part is known as "School Accountability System."
709          Section 18. Section 53A-1-1102 is repealed and reenacted to read:
710          53A-1-1102. Definitions.
711          As used in this part:
712          (1) "Board" means the State Board of Education.
713          (2) "Individualized education program" means a written statement for a student with a
714     disability that is developed, reviewed, and revised in accordance with the Individuals with
715     Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
716          (3) "Lowest performing 25% of students" means the proportion of a school's students
717     who scored in the lowest 25% of students in the school on a statewide assessment based on the
718     prior school year's scores.
719          (4) "Statewide assessment" means one or more of the following, as applicable:
720          (a) a standards assessment described in Section 53A-1-604;
721          (b) a high school assessment described in Section 53A-1-611.5;
722          (c) a college readiness assessment described in Section 53A-1-611; or
723          (d) an alternate assessment administered to a student with a disability.
724          Section 19. Section 53A-1-1103 is repealed and reenacted to read:
725          53A-1-1103. Statewide school accountability system -- State Board of Education
726     rulemaking.
727          (1) There is established a statewide school accountability system.
728          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
729     board shall make rules to implement the school accountability system in accordance with this
730     part.
731          Section 20. Section 53A-1-1104 is repealed and reenacted to read:
732          53A-1-1104. Schools included in school accountability system -- Other indicators
733     and point distribution for a school that serves a special student population.
734          (1) Except as provided in Subsection (2), the board shall include all public schools in
735     the state in the school accountability system established under this part.
736          (2) The board shall exempt from the school accountability system:
737          (a) a school in which the number of students tested on a statewide assessment is lower
738     than the minimum sample size necessary, based on acceptable professional practice for

739     statistical reliability, or when release of the information would violate 20 U.S.C. Sec. 1232h,
740     the prevention of the unlawful release of personally identifiable student data;
741          (b) a school in the school's first year of operations if the school's local school board or
742     charter school governing board requests the exemption; or
743          (c) a high school in the school's second year of operations if the school's local school
744     board or charter school governing board requests the exemption.
745          (3) Notwithstanding the provisions of this part, the board may use, to appropriately
746     assess the educational impact of a school that serves a special student population:
747          (a) other indicators in addition to the indicators described in Section 53A-1-1106 or
748     53A-1-1107; or
749          (b) different point distribution than the point distribution described in Section
750     53A-1-1108.
751          Section 21. Section 53A-1-1105 is repealed and reenacted to read:
752          53A-1-1105. Rating schools.
753          (1) Except as provided in Subsection (3), and in accordance with this part, the board
754     shall annually assign to each school an overall rating using an A through F letter grading scale
755     where, based on the school's performance level on the indicators described in Subsection (2):
756          (a) an A grade represents an exemplary school;
757          (b) a B grade represents a commendable school;
758          (c) a C grade represents a typical school;
759          (d) a D grade represents a developing school; and
760          (e) an F grade represents a critical needs school.
761          (2) A school's overall rating described in Subsection (1) shall be based on the school's
762     performance on the indicators described in:
763          (a) Section 53A-1-1106, for an elementary school or a middle school; or
764          (b) Section 53A-1-1107, for a high school.
765          (3) For a school year in which the board determines it is necessary to establish, due to a
766     transition to a new assessment, a new baseline to determine student growth described in
767     Section 53A-1-1111, the board is not required to assign an overall rating described in
768     Subsection (1) to a school to which the new baseline applies.
769          Section 22. Section 53A-1-1106 is repealed and reenacted to read:

770          53A-1-1106. Indicators for elementary and middle schools.
771          For an elementary school or a middle school, the board shall assign the school's overall
772     rating, in accordance with Section 53A-1-1108, based on the school's performance on the
773     following indicators:
774          (1) academic achievement as measured by performance on a statewide assessment of
775     English language arts, mathematics, and science;
776          (2) academic growth as measured by progress from year to year on a statewide
777     assessment of English language arts, mathematics, and science; and
778          (3) equitable educational opportunity as measured by:
779          (a) academic growth of the lowest performing 25% of students as measured by
780     progress of the lowest performing 25% of students on a statewide assessment of English
781     language arts, mathematics, and science; and
782          (b) except as provided in Section 53A-1-1110, English learner progress as measured by
783     performance on an English learner assessment established by the board.
784          Section 23. Section 53A-1-1107 is repealed and reenacted to read:
785          53A-1-1107. Indicators for high schools.
786          For a high school, in accordance with Section 53A-1-1108, the board shall assign the
787     school's overall rating based on the school's performance on the following indicators:
788          (1) academic achievement as measured by performance on a statewide assessment of
789     English language arts, mathematics, and science;
790          (2) academic growth as measured by progress from year to year on a statewide
791     assessment of English language arts, mathematics, and science;
792          (3) equitable educational opportunity as measured by:
793          (a) academic growth of the lowest performing 25% of students as measured by
794     progress of the lowest performing 25% of students on a statewide assessment of English
795     language arts, mathematics, and science; and
796          (b) except as provided in Section 53A-1-1110, English learner progress as measured by
797     performance on an English learner assessment established by the board; and
798          (4) postsecondary readiness as measured by:
799          (a) the school's graduation rate, as described in Section 53A-1-1108;
800          (b) student performance, as described in Section 53A-1-1108, on a college readiness

801     assessment described in Section 53A-1-611; and
802          (c) student achievement in advanced course work, as described in Section 53A-1-1108.
803          Section 24. Section 53A-1-1108 is repealed and reenacted to read:
804          53A-1-1108. Calculation of points.
805          (1) (a) The board shall award to a school points for academic achievement described in
806     Subsection 53A-1-1106(1) or 53A-1-1107(1) as follows:
807          (i) the board shall award a school points proportional to the percentage of the school's
808     students who, out of all the school's students who take a statewide assessment of English
809     language arts, score at or above the proficient level on the assessment;
810          (ii) the board shall award a school points proportional to the percentage of the school's
811     students who, out of all the school's students who take a statewide assessment of mathematics,
812     score at or above the proficient level on the assessment; and
813          (iii) the board shall award a school points proportional to the percentage of the school's
814     students who, out of all the school's students who take a statewide assessment of science, score
815     at or above the proficient level on the assessment.
816          (b) (i) The maximum number of total points possible for academic achievement
817     described in Subsection (1)(a) is 56 points.
818          (ii) The maximum number of points possible for a component listed in Subsection
819     (1)(a)(i), (ii), or (iii) is one-third of the number of points described in Subsection (1)(b)(i).
820          (2) (a) Subject to Subsection (2)(b), the board shall award to a school points for
821     academic growth described in Subsection 53A-1-1106(2) or 53A-1-1107(2) as follows:
822          (i) the board shall award a school points for growth of the school's students on a
823     statewide assessment of English language arts;
824          (ii) the board shall award a school points for growth of the school's students on a
825     statewide assessment of mathematics; and
826          (iii) the board shall award a school points for growth of the school's students on a
827     statewide assessment of science.
828          (b) The board shall determine points for growth awarded under Subsection (2)(a) by
829     indexing the points based on:
830          (i) whether a student's performance on a statewide assessment is equal to or exceeds
831     the student's academic growth target; and

832          (ii) the amount of a student's growth on a statewide assessment compared to other
833     students with similar prior assessment scores.
834          (c) (i) The maximum number of total points possible for academic growth described in
835     Subsection (2)(a) is 56 points.
836          (ii) The maximum number of points possible for a component listed in Subsection
837     (2)(a)(i), (ii), or (iii) is one-third of the number of points described in Subsection (2)(c)(i).
838          (3) (a) Subject to Subsection (3)(b), the board shall award to a school points for
839     equitable educational opportunity described in Subsection 53A-1-1106(3) or 53A-1-1107(3) as
840     follows:
841          (i) the board shall award a school points for growth of the school's lowest performing
842     25% of students on a statewide assessment of English language arts;
843          (ii) the board shall award a school points for growth of the school's lowest performing
844     25% of students on a statewide assessment of mathematics;
845          (iii) the board shall award a school points for growth of the school's lowest performing
846     25% of students on a statewide assessment of science; and
847          (iv) except as provided in Section 53A-1-1110, the board shall award to a school points
848     proportional to the percentage of English learners who achieve adequate progress as
849     determined by the board on an English learner assessment established by the board.
850          (b) The board shall determine points for academic growth awarded under Subsection
851     (3)(a)(i), (ii), or (iii) by indexing the points based on the amount of a student's growth on a
852     statewide assessment compared to other students with similar prior assessment scores.
853          (c) (i) The maximum number of total points possible for equitable educational
854     opportunity described in Subsection (3)(a) is 38 points.
855          (ii) The maximum number of points possible for the components listed in Subsection
856     (3)(a)(i), (ii), and (iii), combined, is 25 points.
857          (iii) The maximum number of points possible for a component listed in Subsection
858     (3)(a)(i), (ii), or (iii) is one-third of the number of the combined points described in Subsection
859     (3)(c)(ii).
860          (iv) The maximum number of points possible for the component listed in Subsection
861     (3)(a)(iv) is 13 points.
862          (4) (a) The board shall award to a high school points for postsecondary readiness

863     described in Subsection 53A-1-1107(4) as follows:
864          (i) the board shall award to a high school points proportional to the percentage of the
865     school's students who, out of all the school's students who take a college readiness assessment
866     described in Section 53A-1-611, receive a composite score of at least 18 on the assessment;
867          (ii) the board shall award to a high school points proportional to the percentage of the
868     school's students who achieve at least one of the following:
869          (A) a C grade or better in an Advanced Placement course;
870          (B) a C grade or better in a concurrent enrollment course;
871          (C) a C grade or better in an International Baccalaureate course; or
872          (D) completion of a career and technical education pathway, as defined by the board;
873     and
874          (iii) in accordance with Subsection (4)(c), the board shall award to a high school points
875     proportional to the percentage of the school's students who graduate from the school.
876          (b) (i) The maximum number of total points possible for postsecondary readiness
877     described in Subsection (4)(a) is 75 points.
878          (ii) The maximum number of points possible for a component listed in Subsection
879     (4)(a)(i), (ii), or (iii) is one-third of the number of points described in Subsection (4)(b)(i).
880          (c) (i) In calculating the percentage of students who graduate described in Subsection
881     (4)(a)(iii), except as provided in Subsection (4)(c)(ii), the board shall award to a high school
882     points proportional to the percentage of the school's students who graduate from the school
883     within four years.
884          (ii) The board may award up to 10% of the points allocated for high school graduation
885     described in Subsection (4)(b)(ii) to a school for students who graduate from the school within
886     five years.
887          Section 25. Section 53A-1-1109 is repealed and reenacted to read:
888          53A-1-1109. Calculation of total points awarded -- Maximum number of total
889     points possible.
890          (1) Except as provided in Section 53A-1-1110, the board shall calculate the number of
891     total points awarded to a school by totaling the number of points the board awards to the school
892     in accordance with Section 53A-1-1108.
893          (2) The maximum number of total points possible under Subsection (1) is:

894          (a) for an elementary school or a middle school, 150 points; or
895          (b) for a high school, 225 points.
896          Section 26. Section 53A-1-1110 is repealed and reenacted to read:
897          53A-1-1110. Exclusion of English learner progress -- Calculation of total points
898     awarded for a school with fewer than 10 English learners.
899          (1) For a school that has fewer than 10 English learners, the board shall:
900          (a) exclude the use of English learner progress in determining the school's overall
901     rating by:
902          (i) awarding no points to the school for English learner progress described in
903     Subsection 53A-1-1108(3)(a)(iv); and
904          (ii) excluding the points described in Subsection 53A-1-1108(3)(c)(iv) from the
905     school's maximum points possible; and
906          (b) calculate the number of total points awarded to the school by totaling the number of
907     points the board awards to the school in accordance with Section 53A-1-1108 subject to the
908     exclusion described in Subsection (1)(a).
909          (2) The maximum number of total points possible under Subsection (1) is:
910          (a) for an elementary school or a middle school, 137 points; or
911          (b) for a high school, 212 points.
912          Section 27. Section 53A-1-1111 is repealed and reenacted to read:
913          53A-1-1111. State Board of Education duties -- Proficient level -- Student growth
914     -- English learner adequate progress.
915          (1) (a) For the purpose of determining whether a student scores at or above the
916     proficient level on a statewide assessment, the board shall determine, through a process that
917     evaluates student performance based on specific criteria, the minimum level that demonstrates
918     proficiency for each statewide assessment.
919          (b) If the board adjusts the minimum level that demonstrates proficiency described in
920     Subsection (1)(a), the board shall report the adjustment and the reason for the adjustment to the
921     Education Interim Committee no later than 30 days after the day on which the board makes the
922     adjustment.
923          (2) (a) For the purpose of determining whether a student's performance on a statewide
924     assessment is equal to or exceeds the student's academic growth target, the board shall

925     calculate, for each individual student, the amount of growth necessary to achieve or maintain
926     proficiency by a future school year determined by the board.
927          (b) For the purpose of determining the amount of a student's growth on a statewide
928     assessment compared to other students with similar prior assessment scores, the board shall
929     calculate growth as a percentile for a student using appropriate statistical methods.
930          (3) For the purpose of determining whether an English learner achieves adequate
931     progress on an English learner assessment established by the board, the board shall determine
932     the minimum progress that demonstrates adequate progress.
933          Section 28. Section 53A-1-1112 is repealed and reenacted to read:
934          53A-1-1112. Reporting.
935          (1) The board shall annually publish on the board's website a report card that includes
936     for each school:
937          (a) the school's overall rating described in Subsection 53A-1-1105(1);
938          (b) the school's performance on each indicator described in:
939          (i) Section 53A-1-1106, for an elementary school or a middle school; or
940          (ii) Section 53A-1-1107, for a high school;
941          (c) information comparing the school's performance on each indicator described in
942     Subsection (1)(b) with:
943          (i) the average school performance; and
944          (ii) the school's performance in all previous years for which data is available;
945          (d) the percentage of students who participated in statewide assessments, disaggregated
946     according to student proficiency;
947          (e) for an elementary school, the percentage of students who read on grade level in
948     grades 1 through 3; and
949          (f) for a high school, performance on Advanced Placement exams.
950          (2) A school may include in the school's report card described in Subsection (1) up to
951     two self-reported school quality indicators that:
952          (a) are approved by the board for inclusion; and
953          (b) may include process or input indicators.
954          (3) (a) The board shall develop an individualized student achievement report that
955     includes:

956          (i) information on the student's level of proficiency as measured by a statewide
957     assessment; and
958          (ii) a comparison of the student's academic growth target and actual academic growth
959     as measured by a statewide assessment.
960          (b) The board shall, subject to the Family Educational Rights and Privacy Act, 20
961     U.S.C. Sec. 1232g, make the individualized student achievement report described in
962     Subsection (3)(a) available for a school district or charter school to access electronically.
963          (c) A school district or charter school shall distribute an individualized student
964     achievement report to the parent or guardian of the student to whom the report applies.
965          Section 29. Section 53A-1-1113.5 is enacted to read:
966          53A-1-1113.5. Overall rating based on student performance -- Establishment of
967     performance thresholds and criteria -- Report during interim.
968          (1) As used in this section, "statewide assessment" means one or more of the following,
969     as applicable:
970          (a) a standards assessment described in Section 53A-1-604;
971          (b) a high school assessment described in Section 53A-1-611.5;
972          (c) a college readiness assessment described in Section 53A-1-611; or
973          (d) an alternate assessment administered to a student with a disability.
974          (2) (a) The board shall calculate a school's grade for the 2016-2017 school year in
975     accordance with Part 11, School Grading Act.
976          (b) The board shall assign a school an overall rating for the 2017-2018 school year or a
977     school year thereafter in accordance with Subsection (3).
978          (3) The board shall assign a school an overall rating using an A through F letter
979     grading scale where, based on the school's performance level on the indicators described in
980     Subsection (7):
981          (a) an A grade represents an exemplary school;
982          (b) a B grade represents a commendable school;
983          (c) a C grade represents a typical school;
984          (d) a D grade represents a developing school; and
985          (e) an F grade represents a critical needs school.
986          (4) (a) The board shall engage in a criteria setting process to establish:

987          (i) performance thresholds for the overall ratings described in Subsection (3); and
988          (ii) a system for assigning a school an overall rating based on evaluating the school's
989     performance against specific criteria.
990          (b) In establishing the performance thresholds described in Subsection (4)(a), the board
991     shall solicit and consider input from:
992          (i) legislators;
993          (ii) the governor;
994          (iii) representatives from local school boards;
995          (iv) other representatives from school districts, including superintendents;
996          (v) representatives from charter school governing boards;
997          (vi) other representatives from charter schools;
998          (vii) teachers; and
999          (viii) parents.
1000          (5) On or before the Education Interim Committee's September 2017 interim meeting,
1001     the board shall report to the Education Interim Committee:
1002          (a) the performance thresholds and criteria described in Subsection (4), including
1003     rationale and documentation of the procedures used to develop the performance thresholds and
1004     criteria; and
1005          (b) a sample report card for a school, including a sample display of:
1006          (i) the school's overall rating described in Subsection (3);
1007          (ii) the school's performance on each indicator described in Subsection (7);
1008          (iii) information comparing the school's performance on each indicator described in
1009     Subsection (7) with:
1010          (A) the average school performance; and
1011          (B) the school's performance in all previous years for which data is available;
1012          (iv) the percentage of students who participated in statewide assessments,
1013     disaggregated according to student proficiency;
1014          (v) for an elementary school, the percentage of students who read on grade level in
1015     grades 1 through 3;
1016          (vi) for a high school, performance on Advanced Placement exams; and
1017          (vii) up to two school-reported school quality indicators that may include process or

1018     input indicators.
1019          (6) On or before October 31, 2017, the Education Interim Committee shall make
1020     recommendations related to the board's report described in Subsection (5) to the Legislative
1021     Management Committee.
1022          (7) A school's overall rating described in Subsection (3) shall be based on the school's
1023     performance on the following indicators:
1024          (a) for a school:
1025          (i) academic achievement as measured by performance on a statewide assessment of
1026     English language arts, mathematics, and science;
1027          (ii) academic growth as measured by progress from year to year on a statewide
1028     assessment of English language arts, mathematics, and science; and
1029          (iii) equitable educational opportunity as measured by:
1030          (A) academic growth of the lowest performing 25% of students as measured by
1031     progress of the lowest performing 25% of students on a statewide assessment of English
1032     language arts, mathematics, and science; and
1033          (B) English learner progress as measured by performance on an English learner
1034     assessment established by the board; and
1035          (b) for a high school, in addition to the indicators described in Subsection (7)(a),
1036     postsecondary readiness as measured by:
1037          (i) the school's graduation rate;
1038          (ii) student performance on a college readiness assessment described in Section
1039     53A-1-611; and
1040          (iii) student achievement in advanced course work.
1041          Section 30. Section 53A-1-1202 is amended to read:
1042          53A-1-1202. Definitions.
1043          As used in this part:
1044          (1) "Board" means the State Board of Education.
1045          (2) "Charter school authorizer" means the same as that term is defined in Section
1046     53A-1a-501.3.
1047          (3) "District school" means a public school under the control of a local school board
1048     elected under Title 20A, Chapter 14, Nomination and Election of State and Local School

1049     Boards.
1050          (4) "Educator" means the same as that term is defined in Section 53A-6-103.
1051          (5) "Final remedial year" means the second school year following the initial remedial
1052     year.
1053          (6) "Initial remedial year" means the school year a district school or charter school is
1054     designated as a low performing school under Section 53A-1-1203.
1055          (7) "Low performing school" means a district school or charter school that has been
1056     designated as a low performing school by the board [because the school is: (a) in the lowest
1057     performing 3% of schools statewide according to the percentage of possible points earned
1058     under the school grading system; and (b) a low performing school according to other
1059     outcome-based measures as may be defined in rules made by the board in accordance with Title
1060     63G, Chapter 3, Utah Administrative Rulemaking Act.] in accordance with Section
1061     53A-1-1203.
1062          (8) "School accountability system" means the school accountability system established
1063     in Part 11, School Accountability System.
1064          [(8)] (9) "School grade" or "grade" means the letter grade assigned to a school as the
1065     school's overall rating under the school [grading] accountability system.
1066          [(9) "School grading system" means the system established under Part 11, School
1067     Grading Act, of assigning letter grades to schools.]
1068          [(10) "Statewide assessment" means a test of student achievement in basic academic
1069     subjects, including a test administered in a computer adaptive format that is administered
1070     statewide under Part 6, Achievement Tests.]
1071          Section 31. Section 53A-1-1203 is amended to read:
1072          53A-1-1203. State Board of Education to designate low performing schools.
1073          [On] (1) Except as provided in Subsection (2), on or before September 1, the board
1074     shall annually designate a school as a low performing school if the school is:
1075          [(1)] (a) in the lowest performing 3% of schools statewide according to the percentage
1076     of possible points earned under the school [grading] accountability system; and
1077          [(2)] (b) a low performing school according to other outcome-based measures as may
1078     be defined in rules made by the board in accordance with Title 63G, Chapter 3, Utah
1079     Administrative Rulemaking Act.

1080          (2) The board is not required to designate as a low performing school a school for
1081     which the board is not required to assign an overall rating in accordance with Section
1082     53A-1-1105.
1083          Section 32. Section 53A-1-1206 is amended to read:
1084          53A-1-1206. State Board of Education to identify independent school turnaround
1085     experts -- Review and approval of school turnaround plans -- Appeals process.
1086          (1) On or before August 30 each year, the board shall identify at least two [or more]
1087     approved independent school turnaround experts, through a request for proposals process, that
1088     a low performing school may select from to partner with to:
1089          (a) collect and analyze data on the low performing school's student achievement,
1090     personnel, culture, curriculum, assessments, instructional practices, governance, leadership,
1091     finances, and policies;
1092          (b) recommend changes [to the low performing school's culture, curriculum,
1093     assessments, instructional practices, governance, finances, policies, or other areas] based on
1094     data collected under Subsection (1)(a);
1095          (c) develop and implement, in partnership with the school turnaround committee, a
1096     school turnaround plan that meets the criteria described in Subsection 53A-1-1204(3);
1097          (d) monitor the effectiveness of a school turnaround plan through reliable means of
1098     evaluation, including on-site visits, observations, surveys, analysis of student achievement data,
1099     and interviews;
1100          (e) provide ongoing implementation support and project management for a school
1101     turnaround plan;
1102          (f) provide high-quality professional development personalized for school staff that is
1103     designed to build the:
1104          (i) leadership capacity of the school principal; and
1105          (ii) instructional capacity of school staff; and
1106          (g) leverage support from community partners to coordinate an efficient delivery of
1107     supports to students both inside and outside the classroom.
1108          (2) In identifying independent school turnaround experts under Subsection (1), the
1109     board shall identify experts that:
1110          (a) have a credible track record of improving student academic achievement in public

1111     schools with various demographic characteristics, as measured by statewide assessments
1112     described in Section 53A-1-602;
1113          (b) have experience designing, implementing, and evaluating data-driven instructional
1114     systems in public schools;
1115          (c) have experience coaching public school administrators and teachers on designing
1116     data-driven school improvement plans;
1117          (d) have experience working with the various education entities that govern public
1118     schools;
1119          (e) have experience delivering high-quality professional development in instructional
1120     effectiveness to public school administrators and teachers;
1121          (f) are willing to be compensated for professional services based on performance as
1122     described in Subsection (3); and
1123          (g) are willing to partner with any low performing school in the state, regardless of
1124     location.
1125          (3) (a) When awarding a contract to an independent school turnaround expert selected
1126     by a local school board under Subsection 53A-1-1204(2) or by a charter school governing
1127     board under Subsection 53A-1-1205(4)(b), the board shall ensure that a contract between the
1128     board and the independent school turnaround expert specifies that the board will:
1129          (i) pay an independent school turnaround expert no more than 50% of the expert's
1130     professional fees at the beginning of the independent school turnaround expert's work for the
1131     low performing school; and
1132          (ii) pay the remainder of the independent school turnaround expert's professional fees
1133     upon completion of the independent school turnaround expert's work for the low performing
1134     school if:
1135          (A) the independent school turnaround expert fulfills the terms of the contract; and
1136          (B) the low performing school's grade improves by at least one letter grade, as
1137     determined by the board under Subsection (3)(b).
1138          (b) The board shall determine whether a low performing school's grade has improved
1139     under Subsection (3)(a)(ii) by comparing the school's letter grade for the school year prior to
1140     the initial remedial year to the school's letter grade:
1141          (i) for the final remedial year; or

1142          (ii) for the last school year of the extension period if, as described in Section
1143     53A-1-1207:
1144          (A) a school is granted an extension; and
1145          (B) the board extends the contract of the school's independent school turnaround
1146     expert.
1147          (c) In negotiating a contract with an independent school turnaround expert, the board
1148     shall offer:
1149          (i) differentiated amounts of funding based on student enrollment; and
1150          (ii) a higher amount of funding for schools that are in the lowest performing 1% of
1151     schools statewide according to the percentage of possible points earned under the school
1152     [grading] accountability system.
1153          (4) The board shall:
1154          (a) review a school turnaround plan submitted for approval under Subsection
1155     53A-1-1204(5)(b) or under Subsection 53A-1-1205(7)(b) within 30 days of submission;
1156          (b) approve a school turnaround plan that:
1157          (i) is timely;
1158          (ii) is well-developed; and
1159          (iii) meets the criteria described in Subsection 53A-1-1204(3); and
1160          (c) subject to legislative appropriations, provide funding to a low performing school for
1161     interventions identified in an approved school turnaround plan if the local school board or
1162     charter school governing board provides matching funds or an in-kind contribution of goods or
1163     services in an amount equal to the funding the low performing school would receive from the
1164     board.
1165          (5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1166     the board shall make rules to establish an appeals process for:
1167          (i) a low performing district school that is not granted approval from the district
1168     school's local school board under Subsection 53A-1-1204(5)(b);
1169          (ii) a low performing charter school that is not granted approval from the charter
1170     school's charter school governing board under Subsection 53A-1-1205(7)(b); and
1171          (iii) a local school board or charter school governing board that is not granted approval
1172     from the board under Subsection (4)(b).

1173          (b) The board shall ensure that rules made under Subsection (5)(a) require an appeals
1174     process described in:
1175          (i) Subsections (5)(a)(i) and (ii) to be resolved on or before April 1 of the initial
1176     remedial year; and
1177          (ii) Subsection (5)(a)(iii) to be resolved on or before May 15 of the initial remedial
1178     year.
1179          (6) (a) Subject to Subsection (6)(b), the board shall balance the need to prioritize
1180     funding appropriated by the Legislature to carry out the provisions of this part to contract with
1181     highly qualified independent school turnaround experts with the need to fund:
1182          (i) interventions to facilitate the implementation of a school turnaround plan under
1183     Subsection (4)(c);
1184          (ii) the School Recognition and Reward Program created under Section 53A-1-1208;
1185     and
1186          (iii) the School Leadership Development Program created under Section 53A-1-1209.
1187          (b) The board may use up to 4% of the funds appropriated by the Legislature to carry
1188     out the provisions of this part for administration if the amount for administration is approved
1189     by the board in an open meeting.
1190          Section 33. Section 53A-1-1207 is amended to read:
1191          53A-1-1207. Consequences for failing to improve the school grade of a low
1192     performing school.
1193          (1) As used in this section, "high performing charter school" means a charter school
1194     that:
1195          (a) satisfies all requirements of state law and board rules;
1196          (b) meets or exceeds standards for student achievement established by the charter
1197     school's charter school authorizer; and
1198          (c) has received at least a ["B"] B grade under the school [grading] accountability
1199     system in the previous two school years.
1200          (2) (a) A low performing school may petition the board for an extension to continue
1201     school improvement efforts for up to two years if the low performing school's grade does not
1202     improve by at least one letter grade, as determined by comparing the school's letter grade for
1203     the school year prior to the initial remedial year to the school's letter grade for the final

1204     remedial year.
1205          (b) The board may only grant an extension under Subsection (2)(a) if the low
1206     performing school has increased the number of points awarded under the school [grading]
1207     accountability system by at least:
1208          (i) 25% for [a school that is not a high school; and] an elementary school or a middle
1209     school; or
1210          (ii) 10% for a high school.
1211          (c) The board shall determine whether a low performing school has increased the
1212     number of points awarded under the school [grading] accountability system by the percentages
1213     described in Subsection (2)(b) by comparing the number of points awarded for the school year
1214     prior to the initial remedial year to the number of points awarded for the final remedial year.
1215          (d) The board may extend the contract of an independent school turnaround expert of a
1216     low performing school that is granted an extension under this Subsection (2).
1217          (e) A school that has been granted an extension under this Subsection (2) is eligible
1218     for:
1219          (i) continued funding under Subsection 53A-1-1206(4)(c); and
1220          (ii) the School Recognition and Reward Program under Section 53A-1-1208.
1221          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1222     board shall make rules establishing consequences for a low performing school that:
1223          (a) (i) does not improve the school's grade by at least one letter grade, as determined by
1224     comparing the school's letter grade for the school year prior to the initial remedial year to the
1225     school's letter grade for the final remedial year; and
1226          (ii) is not granted an extension under Subsection (2); or
1227          (b) (i) is granted an extension under Subsection (2); and
1228          (ii) does not improve the school's grade by at least one letter grade, as determined by
1229     comparing the school's letter grade for the school year prior to the initial remedial year to the
1230     school's letter grade for the last school year of the extension period.
1231          (4) The board shall ensure that the rules established under Subsection (3) include a
1232     mechanism for:
1233          (a) restructuring a district school that may include:
1234          (i) contract management;

1235          (ii) conversion to a charter school; or
1236          (iii) state takeover; and
1237          (b) restructuring a charter school that may include:
1238          (i) termination of a school's charter;
1239          (ii) closure of a charter school; or
1240          (iii) transferring operation and control of the charter school to:
1241          (A) a high performing charter school; or
1242          (B) the school district in which the charter school is located.
1243          Section 34. Section 53A-1-1209 is amended to read:
1244          53A-1-1209. School Leadership Development Program.
1245          (1) As used in this section, "school leader" means a school principal or assistant
1246     principal.
1247          (2) There is created the School Leadership Development Program to increase the
1248     number of highly effective school leaders capable of:
1249          (a) initiating, achieving, and sustaining school improvement efforts; and
1250          (b) forming and sustaining community partnerships as described in Section 53A-4-303.
1251          (3) The board shall identify one or more providers, through a request for proposals
1252     process, to develop or provide leadership development training for school leaders that:
1253          (a) may provide in-depth training in proven strategies to turn around low performing
1254     schools;
1255          (b) may emphasize hands-on and job-embedded learning;
1256          (c) aligns with the state's leadership standards established by board rule;
1257          (d) reflects the needs of a school district or charter school where a school leader serves;
1258          (e) may include training on using student achievement data to drive decisions;
1259          (f) may develop skills in implementing and evaluating evidence-based instructional
1260     practices;
1261          (g) may develop skills in leading collaborative school improvement structures,
1262     including professional learning communities; and
1263          (h) includes instruction on forming and sustaining community partnerships as
1264     described in Section 53A-4-303.
1265          (4) Subject to legislative appropriations, the State Board of Education shall provide

1266     incentive pay to a school leader who:
1267          (a) completes leadership development training under this section; and
1268          (b) agrees to work, for at least five years, in a school that received an ["F"] F grade or
1269     ["D"] D grade under the school [grading] accountability system in the school year previous to
1270     the first year the school leader:
1271          (i) completes leadership development training; and
1272          (ii) begins to work, or continues to work, in a school described in this Subsection
1273     (4)(b).
1274          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1275     board shall make rules specifying:
1276          (a) eligibility criteria for a school leader to participate in the School Leadership
1277     Development Program;
1278          (b) application procedures for the School Leadership Development Program;
1279          (c) criteria for selecting school leaders from the application pool; and
1280          (d) procedures for awarding incentive pay under Subsection (4).
1281          Section 35. Section 53A-1a-106 is amended to read:
1282          53A-1a-106. School district and individual school powers -- Student
1283     education/occupation plan (SEOP) definition.
1284          (1) In order to acquire and develop the characteristics listed in Section 53A-1a-104,
1285     each school district and each public school within its respective district shall implement a
1286     comprehensive system of accountability in which students advance through public schools by
1287     demonstrating competency in [required skills and mastery of required knowledge] the core
1288     standards for Utah public schools through the use of diverse assessment instruments such as
1289     authentic [and criterion referenced tests] assessments, projects, and portfolios.
1290          (2) (a) Each school district and public school shall:
1291          (i) develop and implement programs integrating technology into the curriculum,
1292     instruction, and student assessment;
1293          (ii) provide for teacher and parent involvement in policymaking at the school site;
1294          (iii) implement a public school choice program to give parents, students, and teachers
1295     greater flexibility in designing and choosing among programs with different focuses through
1296     schools within the same district and other districts, subject to space availability, demographics,

1297     and legal and performance criteria;
1298          (iv) establish strategic planning at both the district and school level and site-based
1299     decision making programs at the school level;
1300          (v) provide opportunities for each student to acquire and develop academic and
1301     occupational knowledge, skills, and abilities;
1302          (vi) participate in ongoing research and development projects primarily at the school
1303     level aimed at improving the quality of education within the system; and
1304          (vii) involve business and industry in the education process through the establishment
1305     of partnerships with the business community at the district and school level.
1306          (b) (i) As used in this title, "student education/occupation plan" or "SEOP" means a
1307     plan developed by a student and the student's parent or guardian, in consultation with school
1308     counselors, teachers, and administrators that:
1309          (A) is initiated at the beginning of grade 7;
1310          (B) identifies a student's skills and objectives;
1311          (C) maps out a strategy to guide a student's course selection; and
1312          (D) links a student to post-secondary options, including higher education and careers.
1313          (ii) Each local school board, in consultation with school personnel, parents, and school
1314     community councils or similar entities shall establish policies to provide for the effective
1315     implementation of a personalized student education plan (SEP) or student
1316     education/occupation plan (SEOP) for each student at the school site.
1317          (iii) The policies shall include guidelines and expectations for:
1318          (A) recognizing the student's accomplishments, strengths, and progress [towards]
1319     toward meeting student achievement standards as defined in [U-PASS] the core standards for
1320     Utah public schools;
1321          (B) planning, monitoring, and managing education and career development; and
1322          (C) involving students, parents, and school personnel in preparing and implementing
1323     SEPs and SEOPs.
1324          (iv) A parent may request conferences with school personnel in addition to SEP or
1325     SEOP conferences established by local school board policy.
1326          (v) Time spent during the school day to implement SEPs and SEOPs is considered part
1327     of the school term referred to in Subsection 53A-17a-103(4).

1328          (3) A school district or public school may submit proposals to modify or waive rules or
1329     policies of a supervisory authority within the public education system in order to acquire or
1330     develop the characteristics listed in Section 53A-1a-104.
1331          (4) (a) Each school district and public school shall make an annual report to its patrons
1332     on its activities under this section.
1333          (b) The reporting process shall involve participation from teachers, parents, and the
1334     community at large in determining how well the district or school is performing.
1335          Section 36. Section 53A-1a-504 is amended to read:
1336          53A-1a-504. Charter school application -- Applicants -- Contents.
1337          (1) (a) An application to establish a charter school may be submitted by:
1338          (i) an individual;
1339          (ii) a group of individuals; or
1340          (iii) a nonprofit legal entity organized under Utah law.
1341          (b) An authorized charter school may apply under this chapter for a charter from
1342     another charter school authorizer.
1343          (2) A charter school application shall include:
1344          (a) the purpose and mission of the school;
1345          (b) except for a charter school authorized by a local school board, a statement that,
1346     after entering into a charter agreement, the charter school will be organized and managed under
1347     Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act;
1348          (c) a description of the governance structure of the school, including:
1349          (i) a list of the governing board members that describes the qualifications of each
1350     member; and
1351          (ii) an assurance that the applicant shall, within 30 days of authorization, provide the
1352     authorizer with the results of a background check for each member;
1353          (d) a description of the target population of the school that includes:
1354          (i) the projected maximum number of students the school proposes to enroll;
1355          (ii) the projected school enrollment for each of the first three years of school operation;
1356     and
1357          (iii) the ages or grade levels the school proposes to serve;
1358          (e) academic goals;

1359          (f) qualifications and policies for school employees, including policies that:
1360          (i) comply with the criminal background check requirements described in Section
1361     53A-1a-512.5;
1362          (ii) require employee evaluations; and
1363          (iii) address employment of relatives within the charter school;
1364          (g) a description of how the charter school will provide, as required by state and federal
1365     law, special education and related services;
1366          (h) for a public school converting to charter status, arrangements for:
1367          (i) students who choose not to continue attending the charter school; and
1368          (ii) teachers who choose not to continue teaching at the charter school;
1369          (i) a statement that describes the charter school's plan for establishing the charter
1370     school's facilities, including:
1371          (i) whether the charter school intends to lease or purchase the charter school's facilities;
1372     and
1373          (ii) financing arrangements;
1374          (j) a market analysis of the community the school plans to serve;
1375          (k) a capital facility plan;
1376          (l) a business plan;
1377          (m) other major issues involving the establishment and operation of the charter school;
1378     and
1379          (n) the signatures of the governing board members of the charter school.
1380          (3) A charter school authorizer may require a charter school application to include:
1381          (a) the charter school's proposed:
1382          (i) curriculum;
1383          (ii) instructional program; or
1384          (iii) delivery methods;
1385          (b) a method for assessing whether students are reaching academic goals, including, at
1386     a minimum, [participation in the Utah Performance Assessment System for Students under
1387     Chapter 1, Part 6, Achievement Tests] administering the statewide assessments described in
1388     Section 53A-1-602;
1389          (c) a proposed calendar;

1390          (d) sample policies;
1391          (e) a description of opportunities for parental involvement;
1392          (f) a description of the school's administrative, supervisory, or other proposed services
1393     that may be obtained through service providers; or
1394          (g) other information that demonstrates an applicant's ability to establish and operate a
1395     charter school.
1396          Section 37. Section 53A-1a-510 is amended to read:
1397          53A-1a-510. Termination of a charter.
1398          (1) Subject to the requirements of Subsection (3), a charter school authorizer may
1399     terminate a school's charter for any of the following reasons:
1400          (a) failure of the charter school to meet the requirements stated in the charter;
1401          (b) failure to meet generally accepted standards of fiscal management;
1402          (c) subject to Subsection (8), failure to make adequate yearly progress under the No
1403     Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq.;
1404          (d) (i) designation as a low performing school under Chapter 1, [Part 11, School
1405     Grading Act] Part 12, School Turnaround and Leadership Development Act; and
1406          (ii) failure to improve the school's grade under the conditions described in Chapter 1,
1407     Part 12, School Turnaround and Leadership Development Act;
1408          (e) violation of requirements under this part or another law; or
1409          (f) other good cause shown.
1410          (2) (a) The authorizer shall notify the following of the proposed termination in writing,
1411     state the grounds for the termination, and stipulate that the governing board may request an
1412     informal hearing before the authorizer:
1413          (i) the governing board of the charter school; and
1414          (ii) if the charter school is a qualifying charter school with outstanding bonds issued in
1415     accordance with Chapter 20b, Part 2, Charter School Credit Enhancement Program, the Utah
1416     Charter School Finance Authority.
1417          (b) Except as provided in Subsection (2)(e), the authorizer shall conduct the hearing in
1418     accordance with Title 63G, Chapter 4, Administrative Procedures Act, within 30 days after
1419     receiving a written request under Subsection (2)(a).
1420          (c) If the authorizer, by majority vote, approves a motion to terminate a charter school,

1421     the governing board of the charter school may appeal the decision to the State Board of
1422     Education.
1423          (d) (i) The State Board of Education shall hear an appeal of a termination made
1424     pursuant to Subsection (2)(c).
1425          (ii) The State Board of Education's action is final action subject to judicial review.
1426          (e) (i) If the authorizer proposes to terminate the charter of a qualifying charter school
1427     with outstanding bonds issued in accordance with Chapter 20b, Part 2, Charter School Credit
1428     Enhancement Program, the authorizer shall conduct a hearing described in Subsection (2)(b)
1429     120 days or more after notifying the following of the proposed termination:
1430          (A) the governing board of the qualifying charter school; and
1431          (B) the Utah Charter School Finance Authority.
1432          (ii) Prior to the hearing described in Subsection (2)(e)(i), the Utah Charter School
1433     Finance Authority shall meet with the authorizer to determine whether the deficiency may be
1434     remedied in lieu of termination of the qualifying charter school's charter.
1435          (3) An authorizer may not terminate the charter of a qualifying charter school with
1436     outstanding bonds issued in accordance with Chapter 20b, Part 2, Charter School Credit
1437     Enhancement Program, without mutual agreement of the Utah Charter School Finance
1438     Authority and the authorizer.
1439          (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1440     the State Board of Education shall make rules that require a charter school to report any threats
1441     to the health, safety, or welfare of its students to the State Charter School Board in a timely
1442     manner.
1443          (b) The rules under Subsection (4)(a) shall also require the charter school report to
1444     include what steps the charter school has taken to remedy the threat.
1445          (5) Subject to the requirements of Subsection (3), the authorizer may terminate a
1446     charter immediately if good cause has been shown or if the health, safety, or welfare of the
1447     students at the school is threatened.
1448          (6) If a charter is terminated during a school year, the following entities may apply to
1449     the charter school's authorizer to assume operation of the school:
1450          (a) the school district where the charter school is located;
1451          (b) the governing board of another charter school; or

1452          (c) a private management company.
1453          (7) (a) If a charter is terminated, a student who attended the school may apply to and
1454     shall be enrolled in another public school under the enrollment provisions of Chapter 2, Part 2,
1455     District of Residency, subject to space availability.
1456          (b) Normal application deadlines shall be disregarded under Subsection (7)(a).
1457          (8) Subject to the requirements of Subsection (3), an authorizer may terminate a charter
1458     pursuant to Subsection (1)(c) under the same circumstances that local educational agencies are
1459     required to implement alternative governance arrangements under 20 U.S.C. Sec. 6316.
1460          Section 38. Section 53A-15-1303 is enacted to read:
1461          53A-15-1303. Youth suicide prevention training for employees.
1462          (1) A school district or charter school shall require a licensed employee to complete
1463     two hours of professional development training on youth suicide prevention within the
1464     employee's license cycle described in Section 53A-6-104.
1465          (2) The board shall:
1466          (a) develop or adopt sample materials to be used by a school district or charter school
1467     for professional development training on youth suicide prevention; and
1468          (b) in rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1469     Rulemaking Act, incorporate the training described in Subsection (1) into professional
1470     development training described in Section 53A-6-104.
1471          Section 39. Section 53A-17a-166 is amended to read:
1472          53A-17a-166. Enhancement for At-Risk Students Program.
1473          (1) (a) Subject to the requirements of Subsection (1)(b), the State Board of Education
1474     shall distribute money appropriated for the Enhancement for At-Risk Students Program to
1475     school districts and charter schools according to a formula adopted by the State Board of
1476     Education, after consultation with school districts and charter schools.
1477          (b) (i) The State Board of Education shall appropriate $1,200,000 from the
1478     appropriation for Enhancement for At-Risk Students for a gang prevention and intervention
1479     program designed to help students at-risk for gang involvement stay in school.
1480          (ii) Money for the gang prevention and intervention program shall be distributed to
1481     school districts and charter schools through a request for proposals process.
1482          (2) In establishing a distribution formula under Subsection (1)(a), the State Board of

1483     Education shall use the following criteria:
1484          (a) low performance on [U-PASS tests] statewide assessments described in Section
1485     53A-1-602;
1486          (b) poverty;
1487          (c) mobility; and
1488          (d) limited English proficiency.
1489          (3) A school district or charter school shall use money distributed under this section to
1490     improve the academic achievement of students who are at risk of academic failure.
1491          (4) The State Board of Education shall develop performance criteria to measure the
1492     effectiveness of the Enhancement for At-Risk Students Program and make an annual report to
1493     the Public Education Appropriations Subcommittee on the effectiveness of the program.
1494          Section 40. Section 53A-25b-304 is amended to read:
1495          53A-25b-304. Administration of statewide assessments.
1496          The Utah Schools for the Deaf and the Blind shall annually administer, as applicable,
1497     the [U-PASS tests specified] statewide assessments described in Section 53A-1-602, except a
1498     student may take an alternative test in accordance with the student's IEP.
1499          Section 41. Repealer.
1500          This bill repeals:
1501          Section 53A-1-1104.5, Two school grades assigned to a combination school.
1502          Section 53A-1-1107.5, Growth target established to determine whether a student
1503     demonstrates sufficient growth in a subject.
1504          Section 53A-1-1113, Rules.
1505          Section 53A-3-601, Legislative findings.
1506          Section 53A-3-602.5, School performance report -- Components -- Annual filing.
1507          Section 53A-3-603, State board models, guidelines, and training.
1508          Section 42. Effective date.
1509          (1) Except as provided in Subsections (2) and (3), this bill takes effect on July 1, 2017.
1510          (2) The following sections take effect on November 1, 2017:
1511          (a) Section 53A-1-1101;
1512          (b) Section 53A-1-1102;
1513          (c) Section 53A-1-1103;

1514          (d) Section 53A-1-1104;
1515          (e) Section 53A-1-1105;
1516          (f) Section 53A-1-1106;
1517          (g) Section 53A-1-1107;
1518          (h) Section 53A-1-1108;
1519          (i) Section 53A-1-1109;
1520          (j) Section 53A-1-1110;
1521          (k) Section 53A-1-1111;
1522          (l) Section 53A-1-1112;
1523          (m) Section 53A-1-1202;
1524          (n) Section 53A-1-1203;
1525          (o) Section 53A-1-1206;
1526          (p) Section 53A-1-1207;
1527          (q) Section 53A-1-1209; and
1528          (r) Section 53A-1a-510.
1529          (3) The following sections are repealed on November 1, 2017:
1530          (a) Section 53A-1-1104.5;
1531          (b) Section 53A-1-1107.5;
1532          (c) Section 53A-1-1113;
1533          (d) Section 53A-1-1113.5;
1534          (e) Section 53A-3-601;
1535          (f) Section 53A-3-602.5; and
1536          (g) Section 53A-3-603.
1537          Section 43. Revisor instructions.
1538          The Legislature intends that, on November 1, 2017, the Office of Legislative Research
1539     and General Counsel, in preparing the Utah Code database for publication, replace the
1540     reference in Subsection 53A-1-413(7)(g) to "Part 11, School Grading Act" with "Part 11,
1541     School Accountability System."