S.B. 84

1

STRATEGIC PLANNING ACT FOR
2 EDUCATIONAL EXCELLENCE AMENDMENTS
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Lyle W. Hillyard
6 AN ACT RELATING TO EDUCATION; h [ MODIFYING THE MISSION OF PUBLIC
7 EDUCATION UNDER THE STATE STRATEGIC PLAN; ] h EXPANDING THE
8 CHARACTERISTICS OF THE STATE'S PUBLIC EDUCATION SYSTEM IDENTIFIED
9 UNDER THE STATE STRATEGIC PLAN; MODIFYING STRATEGIC PLANNING
10 PROVISIONS RELATED TO PARENTAL PARTICIPATION IN THE EDUCATIONAL
11 PROCESS, SCHOOL DISTRICT AND INDIVIDUAL SCHOOL RESPONSIBILITIES, AND
12 STATE BOARD OF EDUCATION DUTIES; MODIFYING THE DUTIES OF THE TASK
13 FORCE ON STRATEGIC PLANNING FOR PUBLIC AND HIGHER EDUCATION; AND
14 MAKING CERTAIN TECHNICAL CHANGES.
15 This act affects sections of Utah Code Annotated 1953 as follows:
16 AMENDS:
17 53A-1a-103, as enacted by Chapter 47, Laws of Utah 1992
18 53A-1a-104, as enacted by Chapter 47, Laws of Utah 1992
19 53A-1a-105, as last amended by Chapter 340, Laws of Utah 1996
20 53A-1a-106, as last amended by Chapter 310, Laws of Utah 1997
21 53A-1a-107, as last amended by Chapters 105 and 109, Laws of Utah 1996
22 53A-1a-201, as last amended by Chapter 53, Laws of Utah 1995
23 53A-1a-202, as last amended by Chapter 53, Laws of Utah 1995
24 53A-1a-203, as enacted by Chapter 46, Laws of Utah 1992
25 REPEALS AND REENACTS:
26 53A-1a-102 (Repealed 06/30/02), as last amended by Chapter 61, Laws of Utah 1996
27 Be it enacted by the Legislature of the state of Utah:

lilac-March 4, 1998

1 Section 1. Section 53A-1a-102 (Repealed 06/30/02) is repealed and reenacted to read:
2 53A-1a-102 (Repealed 06/30/02). Education Strategic Plans -- Content -- Involvement
3 of Strategic Planning Committee for Public and Higher Education.
4 (1) The State Board of Education and State Board of Regents shall:
5 (a) have ongoing strategic planning for their respective education systems; and
6 (b) prepare a written strategic plan for their respective systems every three years;
7 (i) the State Board of Regents' first plan to be completed by September 1, 1998, with
8 subsequent plans completed by September 1 in each third year; and
9 (ii) the State Board of Education's second plan to be completed by September 1, 2000,
10 with subsequent plans completed by September 1 in each third year.
11 (2) (a) The boards shall involve the Strategic Planning Committee for Public and Higher
12 Education on an ongoing basis in developing the strategic plans required under Subsection (1)(b).
13 (b) The committee shall submit a copy of each written plan in the appropriate year to the
14 Legislature as part of its annual report required under Section 53A-1a-202.
15 (3) Each strategic plan shall include at least the following components:
16 (a) the education system's mission;
17 (b) system goals that address issues critical for accomplishing the mission;
18 (c) the objectives to be accomplished during the years following submission of the
19 strategic plan; h AND
20 h [ (d) revenues or resources needed to accomplish the goals and objectives and sources from
21 which the revenues or resources may be drawn; and ]
22 [ (e) ] (d) h performance measures required to report on implementing and meeting the goals
22a and
23 objectives.
24 (4) (a) The boards shall consult with the strategic planning committee on any
25 modifications to their respective plans and objectives to be accomplished during the second and
26 third year of each plan.
27 (b) The strategic planning committee shall report its activities under Subsection (4)(a) to
28 the Legislature as part of its annual report required under Section 53A-1a-202.
29 Section 2. Section 53A-1a-103 is amended to read:
30 53A-1a-103. Public education's mission.
31 The Legislature recognizes that [public education's] the mission of public education in Utah

lilac-March 4, 1998

- 2 -

1 is to h [[] assure Utah the best educated citizenry in the world and each individual the training to
2 succeed in a global society, by []] [ be a world leader in ] h providing h [[] students with learning and
3 occupational skills, character development, literacy, and []] [ the opportunities and instructional
4 support for each student to gain the ] h basic knowledge h [[] through a responsive educational
4a system that
5 guarantees local school communities autonomy, flexibility, and client choice, while holding them
6 accountable for results []] . [ , understanding, and life skills necessary to be a literate, civil, responsible,
7 and contributing citizen in a diverse, changing, and integrated society, with the understanding that:
8 (1) basic knowledge includes the arts, humanities, and sciences as defined by the State
9 Core Curriculum;
10 (2) life skills are defined as lifelong learning, complex thinking, effective communication,
11 responsible citizenship, employability, character development, and ethics; and
12 (3) literate means the ability to use words and numbers to communicate and apply basic
13 knowledge. ] h
14 Section 3. Section 53A-1a-104 is amended to read:
15 53A-1a-104. Ideal characteristics of public education system.
16 It is the intent of the Legislature to assist [in maintaining a] the state's public education
17 system [that has] in acquiring and maintaining the following characteristics:
18 [(1) assumes that all students have the ability to learn and that each student departing the
19 system will be prepared to achieve success in productive employment, further education, or both;]
20 [(2) provides a personalized education plan or personalized education occupation plan for
21 each student, which involves the]
22 (1) each student, the student's parent or guardian, and school personnel [in establishing the
23 plan] work together to develop a student education plan, hereafter referred to as an SEP, at the
24 elementary level and a student education/occupation plan, hereafter referred to as an SEOP, at the
25 secondary level to help guide the student's education;
26 h [[] (3) provides students with the knowledge and skills to take responsibility for their
27 decisions and to make appropriate choices; []] h
28 (2) each school has a climate of safety, civility, and respect;
29 [(4) assures] (3) opportunities are provided for [students] each student to [exhibit the
30 capacity] demonstrate the abilities to learn, [think,] reason, create, communicate, h [ exhibit aesthetic
31 awareness, ] h and work effectively, both individually and in groups;

lilac-March 4, 1998

- 3 -

1 [(5) offers a] (4) h OFFERS h a world-class curriculum h [[] that enables []] [ is implemented
1a in each school
2 to help all ] h students h [[] to successfully compete []] [ succeed ] h in a global society h , AND TO
2a SUCCEED AS CITIZENS IN A CONSTITUTIONAL REPUBLIC h , and to succeed as
3 citizens of a participatory democracy];
4 [(6) incorporates] (5) an information retrieval system [that provides] is functioning in each
5 school to provide students, parents, and educators with reliable, useful, and timely data on the
6 progress of each student;
7 (6) rigorous recruitment, selection, professional development, retention, and certification
8 policies provide for competent teachers and administrators;
9 (7) [attracts and retains excellent] h DEVELOP A STRATEGY THAT ALLOWS h teachers [for
9a every classroom and provides recognition,
10 rewards,] and administrators throughout the system h [ receive h [competitive] FAIR h compensation ]
10a TO BE COMPENSATED THROUGH A PAID FOR PERFORMANCE SYSTEM h [for their
11 excellence], and excellence in teaching and school leadership is both recognized and rewarded;
12 (8) [empowers] each school district and [public] school [to create its own vision and plan
13 to achieve results consistent with the objectives outlined in this chapter] has a strategic plan and
14 planning process compatible with the mission of Public Education and consistent with the State
15 Strategic Plan;
16 (9) [uses] technology [to improve] is accessible and appropriately used in each school in
17 teaching [and], learning [processes], and [for] in the delivery of educational services;
18 (10) [promotes ongoing] research and development projects [at the district and the school
19 level that are directed at] for improving [or enhancing public education] administration, teaching,
20 and learning are supported at all levels of the system and project results are widely shared;
21 (11) the system offers a public school choice program, which gives students and their
22 parents options to best meet the student's personalized education needs; and
23 [(12) emphasizes the involvement of educators, parents, and the community at large in the
24 educational process by allowing them to be involved in establishing and implementing educational
25 goals and participating in decision-making at the school site.]
26 (12) funding at all levels of the system is allocated on the basis of equity;
27 (13) each student's parent or guardian is encouraged and assisted by teachers and
28 administrators to be actively involved in the student's learning;
29 (14) each school has appropriate site-based decision making in place that involves parents
30 of students attending the school, educators and other staff at the school, and other community
31 members in developing educational goals;

lilac-March 4, 1998

- 4 -

1 (15) each school has processes in place that promote collaboration between and among
2 students, parents of students at the school, school personnel, local communities, state agencies, and
3 other entities to remove barriers and increase learning opportunities for students;
4 (16) policies and processes are established at all system levels to enhance the quality and
5 increase the number of productive business/school partnerships;
6 (17) accountability mechanisms for monitoring and responding to high standards and
7 performance expectations are established and maintained at all levels; h AND h
8 (18) students acquire credits by demonstrating competency h [ ; and ] . h
9 h [ (19) school districts and schools recognize and respect the diverse backgrounds of the
10 students, parents, and community. ] h
11 Section 4. Section 53A-1a-105 is amended to read:
12 53A-1a-105. Parental participation in educational process -- Employer support.
13 (1) The Legislature recognizes the importance of parental participation in the educational
14 process in order for students to achieve and maintain high levels of performance.
15 (2) It is, therefore, the policy of the state to:
16 (a) [expect that] encourage parents [shall] to provide a home environment that values
17 education and send their children to school prepared to learn;
18 (b) [rely upon school districts and schools to] provide opportunities for parents [of
19 students] to be involved in establishing and implementing educational goals for their respective
20 schools and students;
21 (c) [expect] encourage employers to [recognize the need for] accommodate parents and
22 members of the community [to] as they participate in the public education system in order to help
23 students achieve and maintain excellence; and
24 (d) [have] expect the State Board of Education[,] and local school boards[, school
25 community councils, and school directors] to work with employers to develop policies and
26 programs that [would allow employees] provide opportunities for greater employee participation
27 in the public education system during school hours.
28 (3) (a) Each local school board shall adopt a policy on parental involvement in the schools
29 of the district.
30 (b) The local board shall design its policy to build consistent and effective communication
31 between parents of students enrolled in the district and the [teachers and administrators] educators

lilac-March 4, 1998

- 5 -

1 assigned to their children's schools.
2 (c) The policy shall provide parents with the opportunity to be actively involved in their
3 children's education and to be informed of:
4 (i) the importance of [the] parental involvement [of parents] in [directly affecting the
5 success of] their children's educational efforts; and
6 (ii) groups and organizations that [may] provide instruction and training to parents to
7 [help] improve their children's academic success and support their academic efforts.
8 Section 5. Section 53A-1a-106 is amended to read:
9 53A-1a-106. School district and individual school powers.
10 (1) In order to acquire and develop the characteristics listed in Section 53A-1a-104, each
11 school district and each public school within its respective district shall implement a
12 h [[] comprehensive []] h system of accountability h [[] in which students advance through
12a public schools by
13 demonstrating competency in required skills and mastery of required knowledge through the use
14 of diverse assessment instruments such as authentic and criterion referenced tests, projects, and
15 portfolios []] [ to evaluate the performance of each student ] h .
16 (2) (a) Each school district and public school is authorized and encouraged to do the
17 following:
18 (i) develop and implement programs integrating technology into [the] curriculum,
19 instruction, and [student] assessment;
20 (ii) increase teacher and parent involvement in decision-making at the school site;
21 h [[] (iii) implement a public school choice program to give parents, students, and teachers
22 greater flexibility in designing and choosing among programs with different focuses between
23 schools within the same district and between different districts, subject to space availability,
24 demographics, and legal and performance criteria; []] h
25 [(iv)] h [ (iii) ] (iv) h establish strategic planning at both the district and school level [and
25a site-based
26 decision making programs at the school level] consistent with this chapter;
27 h [ (iv) ] (v) h establish site-based decision-making programs at the school level consistent with
27a this
- 6 -

lilac-March 4, 1998

28 chapter;
29 h [ (v) ] (vi) h provide opportunities for each student to acquire and develop academic and
30 occupational knowledge, skills, and abilities consistent with an SEP or an SEOP;
31 h [ (vi) ] (vii) h participate in [ongoing] research and development projects primarily [at the school

lilac-March 4, 1998

- 6a -

1 level] aimed at improving the quality of education within the system; and
2 (vii) involve business and industry in the education process through the establishment of
3 partnerships [with the business community at the district and school level].
4 (b) (i) Each school district, in consultation with its teachers, school community councils
5 or similar entities, and the State Board of Education, shall establish policies to provide for the
6 effective implementation of [a personalized student education plan (SEP) or student
7 education/occupation plan (SEOP)] an SEP or SEOP for each student [at the school site].
8 (ii) The policies shall include guidelines and expectations:
9 (A) for recognizing the student's accomplishments and strengths;
10 (B) for planning, monitoring, and managing education and career development;
11 (C) for an on-going partnership involving students, parents, and school personnel in the
12 process, to include at least two annual SEP conferences at the elementary level, involving the
13 student, the student's parent or guardian, and school personnel, and at least one individual SEOP
14 conference held annually in grades 7-11, with an optional conference in grade 12, involving the
15 student, the student's parent or guardian, and school personnel, and at least one small group SEOP
16 conference in grade 12 and at least one small group SEOP conference in grade 7 or 8 and 9 or 10
17 involving the student, the student's parent or guardian, and school personnel; and
18 (D) for identifying and obtaining adequate resources, [such as] including time and training,
19 required for a successful program.
20 (iii) (A) The State Board of Education shall provide guidelines, after receiving input from
21 local school boards, as to what constitutes the makeup of a small group SEOP.
22 (B) Nothing in Subsection (2)(b) prevents parents or guardians from having additional
23 conferences with school personnel on matters related to their students.
24 (iv) Time spent during the school day to implement SEPs and SEOPs is considered part
25 of the school term referred to in Subsection 53A-17a-103(5).
26 (3) A school district or [public] an individual school may submit proposals [to modify or
27 waive] requesting the modification or waiver of rules or policies of a supervisory authority within
28 the public education system in order to acquire or develop the characteristics listed in Section
29 53A-1a-104.
30 (4) (a) Each school district and public school shall make an annual report to its patrons on
31 its activities [under this section] consistent with this chapter.

- 7 -

1 (b) The reporting process shall involve participation from teachers, parents, and the
2 community at large in determining how well the district or school is performing.
3 (c) The State Board of Education shall receive a copy of each report and make a summary
4 report to the strategic planning committee referred to in Section 53A-1a-102.
5 Section 6. Section 53A-1a-107 is amended to read:
6 53A-1a-107. State Board of Education assistance to districts and schools.
7 (1) In order to assist school districts and individual schools in acquiring and maintaining
8 the characteristics of the public education system set forth in Section 53A-1a-104, the State Board
9 of Education shall:
10 (a) provide the framework for [an education system] a world class curriculum, including
11 core competencies and [their assessment, in which] assessments for use in school districts and
12 public schools to permit students to advance by demonstrating competency in subject matter and
13 mastery of skills;
14 (b) assist school districts in establishing policies for the effective implementation of
15 [student education plans] SEPs and [student education/occupation plans] SEOPs required under
16 Subsection 53A-1a-106(2)(b);
17 (c) develop [and disseminate], implement, and periodically review a state model
18 curriculum[, structured to incorporate the concepts of quality versus quantity, depth versus breadth,
19 subject integration and application, applied thinking skills, character development, and a global
20 prospective, which districts and schools may use to assist teachers in helping] to help students
21 acquire the competencies and skills required [to advance] for advancement through the public
22 education system[, and periodically review and, if appropriate, revise the curriculum];
23 [(d) conduct a statewide public awareness program on competency-based educational
24 systems;]
25 [(e)] (d) compile and publish, for the state as a whole, a set of educational performance
26 indicators describing trends in student performance;
27 [(f)] (e) promote a public education climate of high expectations and academic excellence;
28 [(g)] (f) [disseminate successful site-based decision-making models to districts and
29 schools and] provide inservice and evaluation programs for site-based plans;
30 [(h) provide a mechanism for widespread dissemination of information about]
31 (g) promote strategic planning for public education[, including involvement of] that

- 8 -

1 involves business and industry as partners in the education process, in order to ensure the
2 understanding and support of all the individuals and groups concerned with the mission of public
3 education as outlined in Section 53A-1a-103;
4 [(i) provide for] (h) establish and facilitate a research and development [clearing house]
5 information system at the state level to receive and share with school districts and public schools
6 information on effective and innovative practices and programs in education;
7 [(j)] (i) help school districts develop and implement guidelines and inservice programs for
8 administrators and teachers focused on improving interaction with parents and promoting greater
9 parental involvement in the public schools; and
10 [(k)] (j) in concert with the State Board of Regents and the state's colleges of education
11 review and revise teacher certification requirements to [be consistent with teacher preparation for
12 participation in] prepare teachers to provide personalized education [programs within the public
13 schools] for all public school students.
14 (2) (a) The board shall make an annual report to the Legislature on its activities under this
15 section.
16 (b) The reporting process shall involve participation from school districts and schools in
17 helping to evaluate how well the board has assisted the schools and school districts.
18 Section 7. Section 53A-1a-201 is amended to read:
19 53A-1a-201. Strategic Planning for Public and Higher Education Committee --
20 Membership -- Quorum -- Termination date.
21 (1) There is created a [Task Force on] Strategic Planning for Public and Higher Education
22 Committee.
23 (2) The [task force] committee shall consist of the following members:
24 (a) three members [shall be state senators] of the Senate appointed by the president of the
25 Senate, no more than two of whom may be from the same political party;
26 (b) [three] five members [shall be state representatives] of the House of Representatives
27 appointed by the speaker of the House of Representatives, no more than [two] three of whom may
28 be from the same political party;
29 (c) [one member shall be] the governor or the governor's designee;
30 (d) [one member shall be] the state superintendent of public instruction or the
31 superintendent's designee;

- 9 -

1 (e) [one member shall be] the commissioner of higher education or the commissioner's
2 designee;
3 (f) [one member shall be] a member of the State Board of Education appointed by the
4 governor in consultation with the board;
5 (g) [one member shall be] a member of the State Board of Regents appointed by the
6 governor in consultation with the board; and
7 (h) [14] 12 members[, who shall be] appointed jointly by the governor, h THE PRESIDENT OF
7a THE SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, h the state
8 superintendent of public instruction, and the commissioner of higher education.
9 (3) The [14] 12 members appointed under Subsection (2)(h) shall be men and women who:
10 (a) are representative of the interests of public and higher education;
11 (b) are selected from nominees submitted by community-based organizations of
12 demonstrated effectiveness and other nominees, such as teachers and faculty, school
13 administrators, and local school or institutional board members; and
14 (c) reflect or represent:
15 (i) diverse racial, ethnic, limited English proficiency, Indian tribe, and national origin
16 backgrounds that are found in the state's student population;
17 (ii) low-income families;
18 (iii) persons with disabilities; and
19 (iv) business and labor.
20 (4) (a) The president of the Senate shall designate a Senate cochair for the [task force]
21 committee.
22 (b) The speaker of the House of Representatives shall designate a House cochair for the
23 [task force] committee.
24 (5) If a member cannot continue to serve on the [task force] committee for any reason, a
25 replacement shall be chosen by the authority that made the original appointment.
26 (6) A majority of the [task force] committee is a quorum for the transaction of business.
27 (7) (a) The [task force] committee may create public education and higher education
28 subcommittees to focus on specific issues within their respective systems as well as on issues that
29 overlap both systems.
30 (b) The [task force] committee members who serve on a subcommittee may, by majority
31 vote, expand the membership of the subcommittee but not the membership of the [task force]

lilac-March 4, 1998

- 10 -

1 committee.
2 (c) Those invited to serve on a subcommittee who are not members of the [task force]
3 committee shall serve without compensation.
4 (8) The [task force] committee shall terminate on June 30, h [ 2002 ] 1999 h , unless
4a reauthorized by
5 the Legislature.
6 Section 8. Section 53A-1a-202 is amended to read:
7 53A-1a-202. Committee duties and powers.
8 (1) The [task force] committee shall:
9 (a) [engage in] work with the State Board of Education, through the office of the state
10 Superintendent of Public Instruction, and State Board of Regents, through the office of the
11 Commissioner of Higher Education, as the boards develop their strategic [planning] plans for the
12 state's systems of public and higher education required under Section 53A-1a-102;
13 [(b) monitor and evaluate the progress of public and higher education in achieving the
14 objectives outlined in this chapter and in the state's strategic plan for public and higher education;]
15 (b) identify critical education issues of concern for the Legislature and other stakeholders
16 in public and higher education, and propose goals and objectives for dealing with those issues to
17 both boards;
18 (c) review both boards' strategic plans prior to their submission to the Legislature and may
19 offer suggestions for modifications, if the committee determines that those suggestions would
20 improve the plans;
21 [(c)] (d) [study and review funding mechanisms and available] work with both systems'
22 boards and offices in their ongoing strategic planning process and evaluate any resources,
23 legislation, or policy required by each system to accomplish the mission, goals, and objectives of
24 [the state's] its strategic plan [for public and higher education]; and
25 [(d)] (e) work with [the Utah Tomorrow Strategic Planning Committee] other public and
26 private entities engaged in strategic planning efforts to coordinate [planning efforts for public and
27 higher education] their efforts with those of the committee.
28 [(2) The task force may recommend new mechanisms or programs or suggest
29 modifications in existing programs in order to provide additional revenues or resources to either
30 or both education systems.]
31 [(3) (a)] (2) The [task force] committee shall make an annual report to the Legislature[,]

lilac-March 4, 1998

- 11 -

1 and the governor[, the State Board of Education, and the State Board of Regents] on its [evaluation
2 of strategic planning in public and higher education and the programs authorized in this chapter]
3 activities and recommend desirable programs, funding, or legislation needed to accomplish the
4 mission, goals, and objectives established in each system's strategic plan.
5 [(b) As part of its report, the task force may make recommendations for any necessary
6 changes or modifications in this chapter and in the state's strategic plan for public and higher
7 education.]
8 Section 9. Section 53A-1a-203 is amended to read:
9 53A-1a-203. Compensation for members -- Staff.
10 (1) Nonlegislative [task force] committee members shall serve without compensation, but
11 they may be reimbursed for expenses and mileage as established by the Division of Finance.
12 (2) Legislative [task force] committee members shall be reimbursed as provided by
13 legislative rule.
14 (3) (a) The Office of the Legislative Fiscal Analyst shall provide staff and support services
15 to the task force.
16 (b) The office may contract with other persons to provide services to the [task force]
17 committee.




Legislative Review Note
as of 12-31-97 9:52 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

- 12 -