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H.B. 168
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6 Ron Bigelow
7 Judy Ann Buffmire
8 James R. Gowans
Bradley T. Johnson
Keele Johnson
Tammy J. Rowan
Lawanna Shurtliff
Matt Throckmorton
9 AN ACT RELATING TO PUBLIC EDUCATION; REQUIRING THE STATE
10 SUPERINTENDENT OF PUBLIC INSTRUCTION TO COLLECT AND ORGANIZE
11 EDUCATION DATA INTO AN AUTOMATED DECISION SUPPORT SYSTEM TO
12 FACILITATE ACCOUNTABILITY REPORTING AND PERFORMANCE RECOGNITION,
13 SCHOOL DISTRICT AND SCHOOL IMPROVEMENT PLANNING, AND THE
14 EVALUATION OF EDUCATIONAL POLICY AND PROGRAM EFFECTIVENESS.
15 This act affects sections of Utah Code Annotated 1953 as follows:
16 AMENDS:
17 53A-1-301, as last amended by Chapter 19, Laws of Utah 1999
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 53A-1-301 is amended to read:
20 53A-1-301. Appointment -- Qualifications -- Duties.
21 (1) (a) The State Board of Education shall appoint a superintendent of public instruction,
22 hereinafter called the state superintendent, who is the executive officer of the board and serves at
23 the pleasure of the board.
24 (b) The board shall appoint the state superintendent on the basis of outstanding
25 professional qualifications.
26 (c) The state superintendent shall administer all programs assigned to the State Board of
27 Education in accordance with the policies and the standards established by the board.
28 (2) The superintendent shall perform duties assigned by the board, including the following:
29 (a) investigating all matters pertaining to the public schools;
30 (b) adopting and keeping an official seal to authenticate the superintendent's official acts;
31 copies of authenticated documents shall be received as evidence in the courts of this state in the
32 same manner as originals;
33 (c) holding and conducting meetings, seminars, and conferences on educational topics;
34 (d) presenting to the governor and the Legislature each December a report of the public
35 school system for the preceding year to include:
36 (i) data on the general condition of the schools with recommendations considered desirable
37 for specific programs;
38 (ii) a complete statement of fund balances;
39 (iii) a complete statement of revenues by fund and source;
40 (iv) a complete statement of adjusted expenditures by fund, the status of bonded
41 indebtedness, the cost of new school plants, and school levies;
42 (v) a complete statement of state funds allocated to each of the state's 40 school districts
43 by source, including supplemental appropriations, and a complete statement of expenditures by
44 each district, including supplemental appropriations, by function and object as outlined in the U.S.
45 Department of Education publication Financial Accounting for Local and State School Systems;
46 (vi) a statement that includes such items as fall enrollments, average membership, high
47 school graduates, certificated and classified employees, pupil-teacher ratios, average salaries,
48 applicable private school data, and data from standardized norm-referenced tests in grades 5, 8,
49 and 11 on each school and district;
50 (vii) statistical information regarding incidents of delinquent activity in the schools or at
51 school-related activities with separate categories for:
52 (A) alcohol and drug abuse;
53 (B) weapon possession;
54 (C) assaults; and
55 (D) arson;
56 (viii) a statement on the amount of class time missed by students and faculty in grades 9
57 through 12 for activities which occur or for which travel is required during normal class time, to
58 include:
59 (A) the total number of individuals involved, the total amount of normal class time missed,
60 the total miles traveled to and from the activities, and the costs for transporting students and
61 faculty to and from the activities; and
62 (B) a breakdown of the totals under Subsection (viii)(A) by individual school district and
63 a breakdown of the activities by category as follows:
64 (I) athletic contests;
65 (II) music performances and contests;
66 (III) forensics, debate, speech, and drama performances and contests;
67 (IV) school club activities and contests; and
68 (V) all other school-sponsored activities and contests; and
69 (ix) other statistical and financial information about the school system which the
70 superintendent considers pertinent; [
71 (e) to the extent provided by legislative appropriations, collecting and organizing education
72 data into an automated decision support system to facilitate school district and school improvement
73 planning, accountability reporting and performance recognition, and the evaluation of educational
74 policy and program effectiveness to include:
75 (i) data that are:
76 (A) comparable across schools and school districts;
77 (B) appropriate for use in longitudinal studies; and
78 (C) comprehensive with regard to the data elements required under applicable state or
79 federal law or state board rule;
80 (ii) features that enable users, most particularly school administrators, teachers, and
81 parents, to:
82 (A) retrieve school and school district level data electronically;
83 (B) interpret the data visually; and
84 (C) draw conclusions that are statistically valid; and
85 (iii) procedures for the collection and management of education data that:
86 (A) require the state superintendent of public instruction to:
87 (I) collaborate with school districts in designing and implementing uniform data standards
88 and definitions;
89 (II) undertake or sponsor research to implement improved methods for analyzing education
90 data;
91 (III) provide for data security to prevent unauthorized access to or contamination of the
92 data; and
93 (IV) protect the confidentiality of data under state and federal privacy laws; and
94 (B) require all school districts to comply with the data collection and management
95 procedures established under Subsection (2)(e); and
96 [
97 for the board to be included in the budget that the governor submits to the Legislature.
98 (3) Upon leaving office, the state superintendent shall deliver to his successor all books,
99 records, documents, maps, reports, papers, and other articles pertaining to his office.
Legislative Review Note
as of 11-17-99 3:03 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Committee Note
The Education Interim Committee recommended this bill.
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