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H.B. 177
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6 Jeff Alexander
Kevin S. Garn
7 AN ACT RELATING TO PUBLIC EDUCATION; ESTABLISHING A UTAH PERFORMANCE
8 ASSESSMENT SYSTEM FOR STUDENTS TO PROVIDE EVALUATIVE INFORMATION
9 ON STUDENT PERFORMANCE; MODIFYING DEFINITIONS; PROVIDING FOR THE
10 PHASING IN OF ASSESSMENT TOOLS; EXPANDING THE PERFORMANCE
11 ASSESSMENT DUTIES OF THE STATE BOARD OF EDUCATION; PROVIDING FOR FULL
12 IMPLEMENTATION OF THE SYSTEM BY THE 2003-04 SCHOOL YEAR; PROVIDING FOR
13 STUDENT BEHAVIOR INDICATORS; PROVIDING A MECHANISM TO IDENTIFY AND
14 ASSIST SCHOOLS NOT ACHIEVING ACCEPTABLE LEVELS OF STUDENT
15 PERFORMANCE; MODIFYING THE SCHOOL DISTRICT PERFORMANCE REPORT;
16 PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE.
17 This act affects sections of Utah Code Annotated 1953 as follows:
18 AMENDS:
19 53A-1-601, as enacted by Chapter 267, Laws of Utah 1990
20 53A-1-602, as last amended by Chapter 336, Laws of Utah 1999
21 53A-1-603, as last amended by Chapter 336, Laws of Utah 1999
22 53A-1-604, as last amended by Chapter 336, Laws of Utah 1999
23 53A-1-605, as last amended by Chapter 336, Laws of Utah 1999
24 53A-1-606, as last amended by Chapter 336, Laws of Utah 1999
25 53A-1-607, as enacted by Chapter 267, Laws of Utah 1990
26 53A-1-611, as enacted by Chapter 336, Laws of Utah 1999
27 53A-3-601, as enacted by Chapter 50, Laws of Utah 1990
28 53A-3-602, as last amended by Chapter 19, Laws of Utah 1999
29 53A-3-603, as enacted by Chapter 50, Laws of Utah 1990
30 63-55b-153, as renumbered and amended by Chapter 21 and last amended by Chapter 366,
31 Laws of Utah 1999
32 ENACTS:
33 53A-3-602.5, Utah Code Annotated 1953
34 This act enacts uncodified material.
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 53A-1-601 is amended to read:
37 53A-1-601. Legislative intent.
38 (1) It is the intent of the Legislature in enacting this part to determine the effectiveness of
39 school districts and schools in assisting students to master the fundamental educational skills
40 towards which instruction is directed.
41 (2) (a) The [
42 for Students enacted under this part shall provide the public, the Legislature, [
43 of Education, school districts, public schools, and school teachers evaluative information regarding
44 the various levels of proficiency achieved by students, so that [
45
46 evaluate the effectiveness of programs in the public schools. [
47 (b) The information may also be used to recognize excellence and to identify the need for
48 additional resources or to reallocate educational resources in a manner to assure educational
49 opportunities for all students and to improve existing programs.
50 Section 2. Section 53A-1-602 is amended to read:
51 53A-1-602. Definitions.
52 As used in this part:
53 (1) "Achievement test" means a standardized test which measures or attempts to measure
54 the level of performance which a student has attained in one or more courses of study.
55 Achievement tests shall include norm-referenced and criterion-referenced tests.
56 (2) "Basic skills course" means a subject which requires[
57
58 State Board of Education, to include reading, [
59 in grades 4 through 12, and effectiveness of written expression.
60 [
61 (3) "Constructed response" means an answer to a question on a criterion-referenced test
62 that requires a student to provide other than a "true-false" or "multiple choice" response.
63 (4) "Utah Performance Assessment System for Students" or "UPASS" means:
64 (a) systematic norm-referenced achievement testing of all students in grades 3, 5, 8, and
65 11 required by this part in all schools within each school district by means of tests designated by
66 the State Board of Education; [
67 (b) criterion-referenced achievement testing of students in all grade levels [
68 in basic [
69 science in Subsection (2), to include constructed responses to questions on a pilot basis for tests
70 administered during the 2001-02 and 2002-03 school years, except science tests, and the inclusion
71 of constructed response questions on all criterion referenced tests, except science tests,
72 administered during the 2003-04 school year and for each year thereafter;
73 (c) beginning with the 2001-02 school year, a direct writing assessment in grades 6 and
74 9;
75 (d) beginning with the 2002-03 school year, a tenth grade basic skills competency test as
76 detailed in Section 53A-1-611 ; and
77 (e) beginning with the 2001-02 school year, the use of student behavior indicators in
78 assessing student performance.
79 Section 3. Section 53A-1-603 is amended to read:
80 53A-1-603. Duties of State Board of Education.
81 (1) The State Board of Education shall:
82 (a) require [
83 Assessment System for Students, hereafter referred to as UPASS;
84 (b) require the [
85 submit and recommend criterion-referenced and norm-referenced achievement tests, a tenth grade
86 basic skills competency test, and a direct writing assessment for grades 6 and 9 to the board for
87 approval and adoption and distribution to each school district by the state [
88 (c) develop [
89 measure statewide performance, school district performance, and school performance of students
90 in grades [
91 (d) provide for the state to participate in the National Assessment of Educational Progress
92 state-by-state comparison testing program.
93 (2) Under [
94 district administer:
95 (a) a statewide norm-referenced test to all students in grades 3, 5, 8, and 11[
96 (b) statewide criterion-referenced tests in all grade levels and courses in basic skill areas
97 of the core curriculum[
98 (c) a direct writing assessment to all students in grades 6 and 9, with the first assessment
99 to be administered during the 2001- 02 school year; and
100 (d) a tenth grade basic skills competency test as detailed in Section 53A-1-611 , with the
101 first test to be administered during the 2002-03 school year.
102 (3) The board shall adopt rules for the conduct and administration of [
103 UPASS to include the following:
104 (a) the computation of student performance based on information that is disaggregated
105 with respect to race, ethnicity, gender, and socioeconomic status;
106 (b) security features to maintain the integrity of the system, which could include statewide
107 uniform testing dates, multiple test forms, and test administration protocols;
108 (c) the exemption of student test scores, by exemption category, such as limited English
109 proficiency, mobility, and students with disabilities, with the percent or number of student test
110 scores exempted being publically reported;
111 (d) compiling of criterion-referenced and direct writing test scores and test score averages
112 at the classroom level to allow for:
113 (i) an annual review of those scores by professional and other appropriate staff at the
114 classroom level at the earliest point in time and consistent with the timeline of the phase-in
115 referred to in Sections 53A-1-602 and 53A-1-603 ; and
116 (ii) the assessment of year-to-year student progress in specific classes, courses, and
117 subjects; and
118 (e) providing that:
119 (i) scores on the tests and assessments required under Subsections (2)(a) and (b) shall be
120 considered in determining a student's academic grade for the appropriate course and whether a
121 student shall advance to the next grade level; and
122 (ii) the student's score on the tenth grade basic skills competency test shall be recorded on
123 the student's transcript of credits.
124 Section 4. Section 53A-1-604 is amended to read:
125 53A-1-604. Test development, publication, and administration.
126 (1) The State Board of Education shall develop, publish, and administer
127 criterion-referenced tests and other assessments referred to in Subsections 53A-1-603 (2)(c) and
128 (d) of its own devising and incorporate existing norm-referenced tests and assessment programs
129 into [
130 (2) [
131 public or private sector in evaluating current tests and assessment programs, in developing,
132 publishing, and administering new tests, or both.
133 [
134
135
136 [
137
138
139 (3) The board shall develop assessment tools in such a manner and on such a timeline as
140 to ensure full implementation of UPASS by the 2003-04 school year.
141 Section 5. Section 53A-1-605 is amended to read:
142 53A-1-605. Analysis of results.
143 (1) The State [
144 instruction, shall develop a plan to analyze the results of the [
145 for all grade levels and courses required under Section 53A-1-603 and the student behavior
146 indicators referred to in Subsection 53A-1-602 (4)(e).
147 (2) The plan shall include [
148 (a) assist school districts and individual schools to use the results of the [
149 analysis in planning, evaluating, and enhancing programs within the district[
150 (b) for the 2002-03 school year and for each year thereafter, identify schools not achieving
151 state-established acceptable levels of student performance in order to assist those schools in raising
152 their student performance levels.
153 (3) The plan shall include provisions for statistical reporting of [
154 (a) norm-referenced tests results shall be reported at the state [
155 grade levels, and shall include actual levels of performance on tests; and
156 (b) criterion-referenced tests results shall be reported at state, district, [
157 grade or course levels, and shall include actual levels of performance on tests.
158 (4) (a) The State Board of Education shall submit to the Legislature, annually, a budget
159 to implement [
160 (b) As part of the budget recommendation, the state board shall include:
161 (i) evaluation of [
162 appropriate[
163 (ii) resources required to assist schools identified under Subsection (2)(b) in raising their
164 performance levels.
165 (5) Each local school board shall provide for district evaluation of the UPASS test results
166 and use the evaluations in setting goals and establishing programs for the district and school within
167 the district.
168 Section 6. Section 53A-1-606 is amended to read:
169 53A-1-606. Mastery of reading skills.
170 [
171
172 [
173 Students in grades 1 through 6 shall be used to determine whether the planned instruction has
174 resulted in the student's mastery of reading skills.
175 [
176 instructional practices of:
177 [
178 [
179 [
180 experience; and
181 [
182 curriculum.
183 [
184 in one or more of these basic skills, it shall provide remedial assistance to help the student
185 overcome the deficiency and attain reading proficiency appropriate to the student's age and ability.
186 [
187 appropriate reading level and an opportunity for parents to receive materials and guidance so that
188 they will be able to assist in the remediation process and support their students' progress toward
189 literacy.
190 [
191 by the State Board of Education, through the state superintendent of public instruction, as well as
192 commercially produced testing material selected by the board under Subsection 53A-1-603 (1)[
193
194
195 [
196
197
198 [
199 Section 7. Section 53A-1-607 is amended to read:
200 53A-1-607. Scoring -- Reports of results.
201 (1) Each local school board shall submit all answer sheets for the achievement tests
202 administered under [
203
204 by a national testing service.
205 (2) The district and school results of the UPASS testing program, but not the score or
206 relative position of individual students, shall be reported to each local school board annually at a
207 regularly scheduled meeting.
208 (3) Each local board shall make copies of the report available to the general public upon
209 request.
210 (4) The board may charge a fee for the copying costs.
211 Section 8. Section 53A-1-611 is amended to read:
212 53A-1-611. Standards and assessment processes to measure student performance --
213 Basic skills competency test.
214 (1) The Legislature recognizes the need for the State Board of Education to develop and
215 implement standards and assessment processes to ensure that student progress is measured and that
216 school boards and school personnel are accountable.
217 (2) (a) In addition to its responsibilities under Sections 53A-1-603 through 53A-1-605 , the
218 State Board of Education, through the state superintendent of public instruction, shall design a
219 basic skills competency test to be administered in the tenth grade.
220 (b) A student must pass the basic skills competency test, in addition to the established
221 requirements of the state and local board of education of the district in which the student attends
222 school, in order to receive a basic high school diploma of graduation.
223 (c) The state board shall include in the test, at a minimum, components on English
224 language arts and reading and mathematics.
225 (d) A student who fails to pass all components of the test may not receive a basic high
226 school diploma but may receive a certificate of completion or alternative completion diploma
227 under rules made by the State Board of Education in accordance with Title 63, Chapter 46a, Utah
228 Administrative Rulemaking Act.
229 (e) The state board shall make rules:
230 (i) to allow students who initially fail the test to retake all or part of the test[
231 [
232 with federal law relating to students with disabilities [
233
234 (3) The state board shall implement [
235
236 beginning of the 2002-[
237 (4) The requirements of this section are to be complementary to the other achievement
238 testing provisions of this part.
239 Section 9. Section 53A-3-601 is amended to read:
240 53A-3-601. Legislative findings.
241 The Legislature recognizes broad-based support from the general public and the state's
242 education community for school and school district performance reports. The Legislature further
243 recognizes that a number of school districts are already committed to a reporting program that
244 gives parents individual student achievement test information, that provides school test data results
245 to the school's community, and that publishes district-wide test results for distribution to the
246 general public.
247 Section 10. Section 53A-3-602 is amended to read:
248 53A-3-602. School district performance report -- Elements -- Annual filing.
249 (1) Each school district shall develop a district performance report providing for
250 accountability of the district to its residents for the quality of schools and the educational
251 achievement of students in the district.
252 (2) The report shall include the following statistical data:
253 (a) norm-referenced achievement test scores and trends by grade or subject;
254 (b) ACT scores, including trend data and the percentage of each graduating class taking
255 the ACT;
256 (c) advanced placement scores, including numbers taking the tests and percentage who
257 pass;
258 (d) criterion-referenced test scores, including trend data;
259 (e) enrollment trends;
260 (f) ethnic distribution of student population;
261 (g) attendance and drop-out rates and trends;
262 (h) fiscal information, including revenues available to the district by source and total and
263 the information required under Subsection 53A-1-301 (2)(d) as related to the district;
264 (i) expenditures by source and total;
265 (j) per pupil expenditures and trends;
266 (k) pupil-teacher ratios and trends;
267 (l) certificated staff by level and average years of professional experience;
268 (m) course-taking patterns and trends in the high schools;
269 (n) number of buildings by level, number of buildings on year-round programs, and
270 number of buildings on extended days;
271 (o) percent of free or reduced school lunch participants;
272 (p) percent of students receiving fee waivers and dollar amount of fee waivers;
273 (q) percent of AFDC families; and
274 (r) a statement on the amount of class time missed by students and faculty in grades 9
275 through 12 for activities which require them to miss normal class time, to include:
276 (i) the total number of individuals involved;
277 (ii) the hours of normal class time missed;
278 (iii) the total miles traveled to and from the activities;
279 (iv) the costs for transporting students and faculty to and from the activities; and
280 (v) a breakdown of the activities by category as follows:
281 (A) athletic contests;
282 (B) music performances and contests;
283 (C) forensics, debate, speech, and drama performances and contests;
284 (D) school club activities and contests; and
285 (E) all other school-sponsored activities and contests.
286 (3) School districts may include any other data in their reports which they feel is important
287 to report to the general public.
288 (4) Each district shall issue its report annually by January 15.
289 (5) Each district shall file a copy of its report with the Legislature and the State Board of
290 Education and have it distributed to the residence of each student enrolled in the district.
291 (6) Beginning with the report to be issued by January 15, 2001, each school district shall
292 report its previous spring criterion-referenced test scores on a district, school, grade level, and
293 course basis.
294 Section 11. Section 53A-3-602.5 is enacted to read:
295 53A-3-602.5. School performance report -- Components -- Annual filing.
296 (1) The State Board of Education in collaboration with the state's 40 school districts shall
297 develop a school performance report to inform the state's residents of the quality of schools and
298 the educational achievement of students in the state's public education system.
299 (2) The report shall include the following statistical data for each school in each school
300 district, as applicable, and shall also aggregate the data at the district and state level:
301 (a) test scores and trends over the previous four years on:
302 (i) norm-referenced achievement tests;
303 (ii) criterion-referenced tests;
304 (iii) writing assessments required under Subsection 53A-1-603 (2)(c); and
305 (iv) tenth grade basic skills competency tests required under Subsection 53A-1-603 (2)(d);
306 (b) college entrance examinations, including the number and percentage of each graduating
307 class taking the examinations for the previous four years;
308 (c) advanced placement and concurrent enrollment data, including:
309 (i) the number of students taking advanced placement and concurrent enrollment courses;
310 (ii) the number and percent of students taking a specific advanced placement course who
311 take advanced placement tests to receive college credit for the course;
312 (iii) of those students taking the test referred to in Subsection (2)(c)(ii), the number and
313 percent who pass the test; and
314 (iv) of those students taking a concurrent enrollment course, the number and percent of
315 those who receive college credit for the course;
316 (d) the number and percent of students in elementary schools reading at or above grade
317 level;
318 (e) the number and percent of students classified as "chronic absentees", as defined by
319 State Board of Education rule;
320 (f) achievement gaps that reflect the differences in achievement of various student groups
321 as defined by State Board of Education rule; and
322 (g) the number of students enrolled in special education programs for the previous four
323 years;
324 (h) the number and percent of "student dropouts" within the district as defined by State
325 Board of Education rule;
326 (i) course-taking patterns and trends in secondary schools;
327 (j) student mobility;
328 (k) staff qualifications, to include years of professional service and the number and percent
329 of staff who have a degree or endorsement in their assigned teaching area;
330 (l) the number and percentage of parents who participate in SEP, SEOP, and parent-teacher
331 conferences;
332 (m) the number and percentage of students who participate in extracurricular activities,
333 to include a statement on the amount of class time missed by students and faculty for those
334 activities which require them to miss normal class time during the school day and the total number
335 of individuals involved in missing normal class time; and
336 (n) average class size by grade level and subject.
337 (3) During the year 2000 interim, the State Board of Education shall work with the Task
338 Force on Learning Standards and Accountability in Public Education, the Legislative Education
339 Interim Committee, and the Strategic Planning for Public and Higher Education Committee to
340 determine if additional statistical data should be collected and reported under Subsection (2), to
341 include the following:
342 (a) the average grade given in each math, science, and English class in grades 9 through
343 12;
344 (b) the number of volunteers and volunteer hours;
345 (c) incidents of student discipline as defined by State Board of Education rule;
346 (d) parent surveys;
347 (e) student surveys;
348 (f) enrollment totals and trends;
349 (g) average daily attendance, including every period in secondary schools;
350 (h) suspensions;
351 (i) the number and percent of students who qualify for free and reduced price school lunch;
352 (j) for secondary schools, grade distributions and average student GPA by school and
353 teacher;
354 (k) total reading hours at home;
355 (l) keyboarding skills;
356 (m) physical fitness;
357 (n) portfolios;
358 (o) safe school violations; and
359 (p) court referrals.
360 (4) (a) The State Board of Education shall adopt common definitions and data collection
361 procedures for local school boards to use in collecting and forwarding the data required under
362 Subsection (2) to the state superintendent of public instruction.
363 (b) The state board, through the state superintendent of public instruction, shall adopt
364 standard reporting forms and provide a common template for collecting and reporting the data,
365 which shall be used by all school districts.
366 (c) The state superintendent shall use the automated decision support system proposed for
367 authorization by the Legislature in the 2000 General Session in Subsection 53A-1-301 (2)(e) to
368 collect and report the data required under Subsection (2), contingent upon approval of the proposal
369 and its required appropriation.
370 (5) (a) For the school year ending June 30, 2002, and for each year thereafter, the state
371 board, through the state superintendent of public instruction shall issue its report annually by
372 October 1 to include the required data from the previous school year or years as indicated in
373 Subsection (2).
374 (b) The state board shall determine the nature and extent of longitudinal data to be reported
375 under Subsections (2)(a), (b), (c), and (d) during the first three years of the reporting program, with
376 the baseline reporting year beginning July 1, 2001 and ending June 30, 2002.
377 (6) Each local school board shall receive a written copy of the report from the state
378 superintendent of public instruction containing the data for that school district and have it
379 distributed to the residence of each student enrolled in the school district before November 30th
380 of each year.
381 Section 12. Section 53A-3-603 is amended to read:
382 53A-3-603. State board models, guidelines, and training.
383 (1) The State Board of Education through the State Office of Education shall develop and
384 provide models, guidelines, and training to school districts to enable each district to comply with
385 Section [
386 (2) The models and guidelines shall focus on systematic, simplified organizational analysis
387 and reporting of available data.
388 (3) A school district is not restricted to using the models and guidelines developed by the
389 board if it develops or finds a better approach for clearly communicating the data required under
390 Section [
391 Section 13. Section 63-55b-153 is amended to read:
392 63-55b-153. Repeal dates -- Titles 53 and 53A.
393 (1) Subsection 53-5-710 (4) pertaining to restrictions at Olympic venue secure areas is
394 repealed April 1, 2002.
395 (2) Title 53, Chapter 12, State Olympic Public Safety Command Act, is repealed July 1,
396 2002.
397 (3) Section 53-12-301.1 is repealed April 1, 2002.
398 (4) Section 53A-1-403.5 is repealed July 1, 2007.
399 (5) Section 53A-3-602 is repealed July 1, 2001.
400 Section 14. Task force activities.
401 (1) The Task Force on Learning Standards and Accountability in Public Education created
402 in H.B.144 of the 1999 General Session shall seek input from State Board of Education, the Utah
403 School Boards Association, the Utah School Superintendents Association, the Utah Parents and
404 Teachers Association, the Utah Education Association, the Utah Association of Elementary School
405 Principals, the Utah Association of Secondary School Principals, the Utah School Employees
406 Association, Utah Partners in Education, the state's colleges of education, other members of the
407 state's public education community, including teachers, students, and parents, the business
408 community, and the general public during the 2000 interim on issues related to the Utah
409 Performance Assessment System for Students, to include:
410 (a) recognition and rewards to schools and school districts who:
411 (i) display exemplary student performance; or
412 (ii) show significant improvement gains in student performance;
413 (b) interventions, including identification of available resources, at the school and district
414 level to assist schools whose students are not achieving acceptable levels of performance;
415 (c) determining what constitutes an acceptable level of performance and whether the level
416 should remain constant or be adjusted over time;
417 (d) how to best inservice teachers and administrators to maximize the usefulness of the
418 system;
419 (e) discontinuing social promotions;
420 (f) using surveys that deal with parental satisfaction as a component of assessing school
421 performance; and
422 (g) the ways in which a positive public awareness program could be best implemented to
423 inform teachers, parents, and the general public of the benefits provided by UPASS.
424 (2) The task force shall include its findings under Subsection (1) in the report it is required
425 to make to the Education Interim Committee and the State Board of Education by November 30,
426 2000, under H.B.144.
427 Section 15. Intent language.
428 It is the intent of the Legislature that, notwithstanding the repeal of Section 53A-3-602 on
429 July 1, 2001, school districts shall issue a report on or before January 15, 2002, containing the
430 information described in Section 53A-3-602 for the 2000-01 school year.
431 Section 16. Effective date.
432 This act takes effect on July 1, 2000, except Sections 53A-3-602.5 and 53A-3-603 take
433 effect July 1, 2001.
Legislative Review Note
as of 11-23-99 4:24 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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