First Substitute H.B. 33

Representative Lloyd W. Frandsen proposes to substitute the following bill:

1 ENHANCING ACADEMIC ACHIEVEMENT IN
2 PUBLIC SCHOOLS
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Lloyd W. Frandsen
6 AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING FOR ANNUAL
7 CRITERION-REFERENCED ACHIEVEMENT TESTING OF STUDENTS IN ALL GRADE
8 LEVELS AND NORM-REFERENCED TESTING OF STUDENTS IN GRADES 3, 5, 8, AND
9 11; MODIFYING DEFINITIONS; REQUIRING THE STATE BOARD OF EDUCATION TO
10 DEVELOP ASSESSMENT MECHANISMS FOR DETERMINING DEMONSTRATED
11 COMPETENCY IN COURSES REQUIRED FOR HIGH SCHOOL GRADUATION;
12 PROVIDING FOR AN EXTERNAL EVALUATION OF CORE CURRICULUM CONTENT
13 STANDARDS, OBJECTIVES, AND ASSESSMENTS; PROVIDING FOR A BASIC SKILLS
14 COMPETENCY TEST TO BE ADMINISTERED IN THE TENTH GRADE WHICH A
15 STUDENT MUST PASS IN ORDER TO RECEIVE A BASIC HIGH SCHOOL DIPLOMA;
16 AND PROVIDING AN EFFECTIVE DATE.
17 This act affects sections of Utah Code Annotated 1953 as follows:
18 AMENDS:
19 53A-1-602, as enacted by Chapter 267, Laws of Utah 1990
20 53A-1-603, as enacted by Chapter 267, Laws of Utah 1990
21 53A-1-604, as enacted by Chapter 267, Laws of Utah 1990
22 53A-1-605, as enacted by Chapter 267, Laws of Utah 1990
23 53A-1-606, as last amended by Chapter 254, Laws of Utah 1997
24 53A-1-609, as enacted by Chapter 267, Laws of Utah 1990
25 ENACTS:

26 53A-1-611, Utah Code Annotated 1953
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 53A-1-602 is amended to read:
29 53A-1-602. Definitions.
30 As used in this part:
31 (1) "Achievement test" means a standardized test which measures or attempts to measure
32 the level of performance which a student has attained in one or more courses of study.
33 Achievement tests shall include norm-referenced and criterion-referenced tests [in basic skills
34 courses administered annually by the State Board of Education].
35 (2) "Basic skills course" means a subject which requires, among other skills, memorization
36 and mastery of specific functions, including reading, spelling, basic mathematics, [science,] and
37 effectiveness of written expression.
38 (3) "Testing program" means:
39 (a) systematic norm-referenced achievement testing of all students in grades 3, 5, 8, and
40 11 required by this part in all schools within each school district by means of tests designated by
41 the State Board of Education; and
42 (b) criterion-referenced achievement testing of students in all grade levels and courses in
43 basic skill areas of the core curriculum.
44 Section 2. Section 53A-1-603 is amended to read:
45 53A-1-603. Duties of State Board of Education.
46 (1) The State Board of Education shall:
47 (a) require a testing program in each school district;
48 (b) require the State Office of Education to submit and recommend criterion-referenced
49 and norm-referenced achievement tests to the board for approval and adoption and distribution to
50 [the] each school [districts] district by the state office;
51 (c) develop a testing method to obtain an accurate estimate of statewide performance,
52 school district performance, and school performance of students in grades 3, 5, 8, and 11 in basic
53 skills courses; and
54 (d) provide for the state to participate in the [1992 NAEP state] National Assessment of
55 Educational Progress state-by-state comparison testing program.
56 (2) Under the testing method, the state office shall annually require that each district

57 administer a statewide norm-referenced test to all students in grades 3, 5, 8, and 11,and statewide
58 criterion-referenced tests in all grade levels and courses in basic skill areas of the core curriculum.
59 (3) The board shall adopt rules for the conduct and administration of the testing program.
60 [(4) School districts shall implement the testing program during the 1990-91 school year.]
61 Section 3. Section 53A-1-604 is amended to read:
62 53A-1-604. Test development, publication, and administration.
63 (1) The State Board of Education [may] shall develop, publish, and administer
64 criterion-referenced tests of its own devising[, but shall give first consideration to] and incorporate
65 existing norm-referenced tests and assessment programs into the statewide testing program.
66 (2) (a) The board may use the expert services of any persons or groups of persons in the
67 public or private sector in evaluating current tests and assessment programs, in developing,
68 publishing, and administering new tests, or both.
69 (b) (i) The board shall commission an external evaluation of the current core curriculum
70 content standards, objectives, and assessments to determine where changes need to be made to
71 improve the standards and objectives for increased academic achievement.
72 (ii) The evaluation, together with any recommended changes, shall be completed by
73 November 1, 1999, and a report made to the Legislative Education Interim Committee at its
74 November interim meeting.
75 Section 4. Section 53A-1-605 is amended to read:
76 53A-1-605. Analysis of results.
77 (1) The State Office of Education shall develop a plan to analyze the results of the state
78 testing program scores for [grades 5, 8, and 11] all grade levels and courses required under Section
79 53A-1-603 .
80 (2) The plan shall include a component designed to assist school districts to use the results
81 of the testing program in planning [and], evaluating, and enhancing programs within the district.
82 (3) The plan shall include provisions for statistical reporting of [school and district test]
83 averages [based on] as follows:
84 [(a) actual levels of performance on tests; and]
85 [(b) performance levels that are statistically corrected for factors such as socioeconomic
86 status.]
87 (a) norm-referenced tests results shall be reported at the state and district levels, and shall

88 include:
89 (i) actual levels of performance on tests; and
90 (ii) performance levels that are statistically corrected for factors such as socioeconomic
91 status; and
92 (b) criterion-referenced tests results shall be reported at state, district, and school levels,
93 and shall include actual levels of performance on tests.
94 (4) (a) The State Board of Education shall submit to the Legislature, annually, a budget
95 to implement the testing program authorized under this part.
96 (b) As part of the budget recommendation, the state board shall include evaluation of the
97 testing program and proposed modifications if appropriate.
98 Section 5. Section 53A-1-606 is amended to read:
99 53A-1-606. Conducting of testing programs.
100 (1) (a) Each local school board shall, in accordance with rules adopted by the State Board
101 of Education, conduct a testing program within the school district.
102 (b) (i) (A) The testing program in grades 1 through 6 shall be used to determine whether
103 the planned instruction has resulted in the student's mastery of reading skills.
104 (B) As used in Subsection (1)(b)(i)(A), planned instruction shall include instructional
105 practices of:
106 (I) early and explicit teaching of phonetic decoding skills;
107 (II) continuous and frequent exposure to a wide range of quality literature;
108 (III) writing to foster and reinforce word recognition, language structure, and experience;
109 and
110 (IV) regular and adequate time to read a wide variety of materials across the curriculum.
111 (ii) If, through the testing, the school finds the student seriously deficient in one or more
112 of these basic skills, it shall provide remedial assistance to help the student overcome the
113 deficiency and attain reading proficiency appropriate to the student's age and ability.
114 (iii) The remediation program shall include a plan to bring the student up to the appropriate
115 reading level and an opportunity for parents to receive materials and guidance so that they will be
116 able to assist in the remediation process and support their students' progress toward literacy.
117 (c) The testing program shall incorporate assessment mechanisms developed by the State
118 Board of Education as well as commercially produced testing material selected by the board under

119 Subsection 53A-1-603 (1), unless the local board has developed its own comparable mechanisms
120 as approved by the state board.
121 (2) Each board shall provide for district evaluation of the test results and use the
122 evaluations in setting goals and establishing programs for the district and schools within the
123 district.
124 (3) The local board may also administer other tests.
125 Section 6. Section 53A-1-609 is amended to read:
126 53A-1-609. Construction of part.
127 [Nothing] Except as otherwise provided in Section 53A-1-611 , nothing in this part shall
128 be construed to mean or represented to require that graduation from a high school or promotion
129 to another grade is in any way dependent upon successful performance of any test administered
130 as a part of the testing program established under this part.
131 Section 7. Section 53A-1-611 is enacted to read:
132 53A-1-611. Standards and assessment processes to measure student performance --
133 Basic skills competency test.
134 (1) The Legislature recognizes the need for the State Board of Education to develop and
135 implement standards and assessment processes to ensure that student progress is measured and that
136 school boards and school personnel are accountable.
137 (2) (a) In addition to its responsibilities under Sections 53A-1-603 through 53A-1-605 , the
138 State Board of Education, through the state superintendent of public instruction, shall design a
139 basic skills competency test to be administered in the tenth grade.
140 (b) A student must pass the basic skills competency test, in addition to the established
141 requirements of the state and local board of education of the district in which the student attends
142 school, in order to receive a basic high school diploma of graduation.
143 (c) The state board shall include in the test, at a minimum, components on English
144 language arts and reading and mathematics.
145 (d) A student who fails to pass all components of the test may not receive a basic high
146 school diploma but may receive a certificate of completion or alternative completion diploma
147 under rules made by the State Board of Education in accordance with Title 63, Chapter 46a, Utah
148 Administrative Rulemaking Act.
149 (e) The state board shall make rules to allow students who initially fail the test to retake

150 all or part of the test.
151 (f) Subsection (2) is subject to compliance with federal law relating to students with
152 disabilities under the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.
153 (3) The state board shall implement the standards and assessment program established
154 under this section, including the tenth grade basic skills competency test, no later than the
155 beginning of the 2002-2003 school year.
156 (4) The requirements of this section are to be complementary to the other achievement
157 testing provisions of this part.
158 Section 8. Effective date.
159 This act takes effect on July 1, 1999.