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S.B. 81






Sponsor: David H. Steele

             9      A REPEALER.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          53A-1a-102 (Repealed 06/30/02), as repealed and reenacted by Chapter 318, Laws of
             13      Utah 1999
             14          53A-1a-104, as enacted by Chapter 47, Laws of Utah 1992
             15          53A-1a-105, as last amended by Chapter 340, Laws of Utah 1996
             16          53A-1a-106, as last amended by Chapter 310, Laws of Utah 1997
             17          53A-1a-108, as last amended by Chapter 12, Laws of Utah 1996
             18          53A-1a-109, as last amended by Chapter 61, Laws of Utah 1996
             19          53A-1a-201, as last amended by Chapter 318, Laws of Utah 1999
             20          53A-16-101.5, as enacted by Chapter 376, Laws of Utah 1999
             21          63-55-253, as last amended by Chapters 15, 134 and 375, Laws of Utah 1997
             22      REPEALS:
             23          53A-1a-303.5, as last amended by Chapter 10, Laws of Utah 1997
             24      Be it enacted by the Legislature of the state of Utah:
             25          Section 1. Section 53A-1a-102 (Repealed 06/30/02) is amended to read:
             26           53A-1a-102 (Repealed 06/30/02). Education Strategic Plans -- Content -- Involvement
             27      of Strategic Planning Committee for Public and Higher Education.

             28          (1) The State Board of Education and State Board of Regents shall:
             29          (a) [have] conduct ongoing strategic planning for their respective education systems; and
             30          (b) prepare a written strategic plan for their respective systems every three years.
             31          (2) (a) The State Board of Regents shall complete its first written plan by September 1,
             32      1999, and complete subsequent plans by September 1 in each third year.
             33          (b) The State Board of Education shall complete its first written plan by September 1,
             34      2000, and complete subsequent plans by September 1 in each third year.
             35          (3) (a) [The boards] Each board shall submit a copy of each written plan in the appropriate
             36      year to the Strategic Planning for Public and Higher Education Committee and the Utah Tomorrow
             37      Strategic Planning Committee.
             38          (b) The Strategic Planning for Public and Higher Education Committee shall submit a copy
             39      of each plan to the Legislature as part of its annual report required under Section 53A-1a-202 .
             40          (4) Each strategic plan shall include at least the following components:
             41          (a) the respective education system's mission;
             42          (b) system goals that address issues critical for accomplishing the mission;
             43          (c) the objectives to be accomplished during the years following submission of the
             44      strategic plan;
             45          (d) action plans specifying the means of accomplishing the goals and objectives, including
             46      proposed statutes, policies, programs, and initiatives; and
             47          (e) performance measures required to report on the accomplishment of goals and
             48      objectives and the implementation and outcomes of action plans.
             49          Section 2. Section 53A-1a-104 is amended to read:
             50           53A-1a-104. Characteristics of public education system.
             51          [It is the intent of the] The Legislature [to] shall assist in maintaining a public education
             52      system that has the following characteristics:
             53          (1) assumes that all students have the ability to learn and that each student departing the
             54      system will be prepared to achieve success in productive employment, further education, or both;
             55          (2) provides a personalized education plan or personalized education occupation plan for
             56      each student, which involves the student, the student's parent or guardian, and school personnel
             57      in establishing the plan;
             58          (3) provides students with the knowledge and skills to take responsibility for their

             59      decisions and to make appropriate choices;
             60          (4) [assures] provides opportunities for students to exhibit the capacity to learn, think,
             61      reason, and work effectively, individually and in groups;
             62          (5) offers a world-class curriculum that enables students to successfully compete in a
             63      global society, and to succeed as citizens of a participatory democracy;
             64          (6) incorporates an information retrieval system that provides students, parents, and
             65      educators with reliable, useful, and timely data on the progress of each student;
             66          (7) attracts and retains excellent teachers for every classroom and provides recognition,
             67      rewards, and compensation for their excellence;
             68          (8) empowers each school district and public school to create its own vision and plan to
             69      achieve results consistent with the objectives outlined in this chapter;
             70          (9) uses technology to improve teaching and learning processes and for the delivery of
             71      educational services;
             72          (10) promotes ongoing research and development projects at the district and the school
             73      level that are directed at improving or enhancing public education;
             74          (11) offers a public school choice program, which gives students and their parents options
             75      to best meet the student's personalized education needs; and
             76          (12) emphasizes the involvement of educators, parents, and the community at large in the
             77      educational process by allowing them to be involved in establishing and implementing educational
             78      goals and participating in decision-making at the school site.
             79          Section 3. Section 53A-1a-105 is amended to read:
             80           53A-1a-105. Parental participation in educational process -- Employer support.
             81          (1) The Legislature recognizes the importance of parental participation in the educational
             82      process in order for students to achieve and maintain high levels of performance.
             83          (2) It is, therefore, the policy of the state to:
             84          (a) [expect that] encourage parents [shall] to provide a home environment that values
             85      education and send their children to school prepared to learn;
             86          (b) rely upon school districts and schools to provide opportunities for parents of students
             87      to be involved in establishing and implementing educational goals for their respective schools and
             88      students; and
             89          (c) expect employers to recognize the need for parents and members of the community to

             90      participate in the public education system in order to help students achieve and maintain
             91      excellence[; and].
             92          [(d) have the State Board of Education, local school boards, school community councils,
             93      and school directors work with employers to develop policies and programs that would allow
             94      employees opportunities for greater participation in the public education system during school
             95      hours.]
             96          (3) (a) Each local school board shall adopt a policy on parental involvement in the schools
             97      of the district.
             98          (b) The board shall design its policy to build consistent and effective communication
             99      [between] among parents [of students enrolled in the district and the], teachers, and administrators
             100      [assigned to their children's schools].
             101          (c) The policy shall provide parents with the opportunity to be actively involved in their
             102      children's education and to be informed of:
             103          (i) the importance of the involvement of parents in directly affecting the success of their
             104      children's educational efforts; and
             105          (ii) groups and organizations that may provide instruction and training to parents to help
             106      improve their children's academic success and support their academic efforts.
             107          Section 4. Section 53A-1a-106 is amended to read:
             108           53A-1a-106. School district and individual school powers.
             109          (1) In order to acquire and develop the characteristics listed in Section 53A-1a-104 , each
             110      school district and each public school within its respective district shall implement as funded by
             111      the Legislature a comprehensive system of accountability in which students advance through
             112      public schools by demonstrating competency in required skills and mastery of required knowledge
             113      through the use of diverse assessment instruments such as authentic and criterion referenced tests,
             114      projects, and portfolios.
             115          (2) (a) Each school district and public school [is authorized and encouraged to do the
             116      following] shall:
             117          (i) develop and implement programs integrating technology into the curriculum,
             118      instruction, and student assessment;
             119          (ii) [increase] provide for teacher and parent involvement in decision-making at the school
             120      site;

             121          (iii) implement a public school choice program to give parents, students, and teachers
             122      greater flexibility in designing and choosing among programs with different focuses [between]
             123      through schools within the same district and [between different] other districts, subject to space
             124      availability, demographics, and legal and performance criteria;
             125          (iv) establish strategic planning at both the district and school level and site-based decision
             126      making programs at the school level;
             127          (v) provide opportunities for each student to acquire and develop academic and
             128      occupational knowledge, skills, and abilities;
             129          (vi) participate in ongoing research and development projects primarily at the school level
             130      aimed at improving the quality of education within the system; and
             131          (vii) involve business and industry in the education process through the establishment of
             132      partnerships with the business community at the district and school level.
             133          (b) (i) Each school district, in consultation with its teachers, school community councils
             134      or similar entities, and the State Board of Education, shall establish policies to provide for the
             135      effective implementation of a personalized student education plan (SEP) or student
             136      education/occupation plan (SEOP) for each student at the school site.
             137          (ii) The policies shall include guidelines and expectations for:
             138          (A) [for] recognizing the student's accomplishments and strengths;
             139          (B) [for] planning, monitoring, and managing education and career development;
             140          (C) [for] an on-going partnership involving students, parents, and school personnel in the
             141      process, to include at least two annual SEP conferences at the elementary level, involving the
             142      student, the student's parent or guardian, and school personnel, and at least one individual SEOP
             143      conference held annually in grades 7-11, with an optional conference in grade 12, involving the
             144      student, the student's parent or guardian, and school personnel, and at least one small group SEOP
             145      conference in grade 12 and at least one small group SEOP conference in grade 7 or 8 and 9 or 10
             146      involving the student, the student's parent or guardian, and school personnel; [and]
             147          (D) ensuring that SEP and SEOP conferences are held in compliance with applicable rules
             148      of the State Board of Education and do not result in significant loss of class time for students; and
             149          [(D) for] (E) identifying and obtaining adequate resources, such as time and training,
             150      required for a successful program.
             151          (iii) (A) The State Board of Education shall provide guidelines, after receiving input from

             152      local school boards, as to what constitutes the makeup of a small group SEOP.
             153          (B) Nothing in Subsection (2)(b) prevents parents or guardians from having additional
             154      conferences with school personnel on matters related to their students.
             155          (iv) Time spent during the school day to implement SEPs and SEOPs is considered part
             156      of the school term referred to in Subsection 53A-17a-103 (5).
             157          (3) A school district or public school may submit proposals to modify or waive rules or
             158      policies of a supervisory authority within the public education system in order to acquire or
             159      develop the characteristics listed in Section 53A-1a-104 .
             160          (4) (a) Each school district and public school shall make an annual report to its patrons on
             161      its activities under this section.
             162          (b) The reporting process shall involve participation from teachers, parents, and the
             163      community at large in determining how well the district or school is performing.
             164          (c) The State Board of Education shall receive a copy of each report and make a summary
             165      report to the strategic planning committee referred to in Section 53A-1a-102 .
             166          Section 5. Section 53A-1a-108 is amended to read:
             167           53A-1a-108. School community councils authorized -- Composition.
             168          (1) Each public school, in consultation with its school district, [is authorized and
             169      encouraged to] shall establish a school community council at the school building level to help[,]
             170      develop[,] and maintain schools that have the characteristics listed in Section 53A-1a-104 .
             171          (2) (a) Each council should include in its membership classroom teachers, classified
             172      employees, the school principal or the principal's designee, parents of students, members from the
             173      community at large and, where appropriate, students.
             174          (b) The number of parent and community members shall equal the number of teachers and
             175      classified employees who serve on the committee.
             176          Section 6. Section 53A-1a-109 is amended to read:
             177           53A-1a-109. Annual review and reports.
             178          (1) The Legislature recognizes that the mission of public education shall be accomplished
             179      by implementing the strategies and achieving the objectives outlined in the [Task Force on]
             180      Strategic Planning for Public and Higher [Education's] Education Committee's Utah State Public
             181      Education Strategic Plan.
             182          (2) The Legislature, the State Board of Education, each school district, and each public

             183      school or school community council shall annually review and report its progress towards
             184      achieving the mission and objectives outlined in the strategic plan document referred to in
             185      Subsection (1).
             186          (3) (a) Modifications may be made if necessary to accomplish the mission of public
             187      education as stated in the strategic plan.
             188          (b) Any modifications or changes shall be reported to the [education strategic planning]
             189      committee [referred to in Section 53A-1a-102 ].
             190          (4) (a) The reporting requirement for the Legislature may be satisfied through the strategic
             191      planning committee referred to in Section 53A-1a-102 or through the Legislature's education
             192      interim, standing, or appropriations committees.
             193          (b) The reporting requirement for the State Board of Education under this part may be
             194      satisfied in the annual report to the governor and the Legislature required in Section 53A-1-301 .
             195          (c) The reporting requirement for school districts and schools or school community
             196      councils may be satisfied in the school district performance report required in Section 53A-3-602 .
             197          Section 7. Section 53A-1a-201 is amended to read:
             198           53A-1a-201. Strategic Planning for Public and Higher Education Committee --
             199      Membership -- Quorum -- Termination date.
             200          (1) There is created a Strategic Planning for Public and Higher Education Committee.
             201          (2) The committee shall consist of the following members:
             202          (a) three members of the Senate appointed by the president of the Senate, no more than
             203      two of whom may be from the same political party;
             204          (b) three members of the House of Representatives appointed by the speaker of the House
             205      of Representatives, no more than two of whom may be from the same political party;
             206          (c) the governor's designee;
             207          (d) [one member shall be] the state superintendent of public instruction or the
             208      superintendent's designee;
             209          (e) [one member shall be] the commissioner of higher education or the commissioner's
             210      designee;
             211          (f) [one member shall be] a member of the State Board of Education appointed by the
             212      governor in consultation with the board;
             213          (g) [one member shall be] a member of the State Board of Regents appointed by the

             214      governor in consultation with the board; and
             215          (h) 14 members appointed jointly by the governor, the state superintendent of public
             216      instruction, and the commissioner of higher education.
             217          (3) The 14 members appointed under Subsection (2)(h) shall be men and women who:
             218          (a) are representative of the interests of public and higher education;
             219          (b) are selected from nominees submitted by community-based organizations of
             220      demonstrated effectiveness and other nominees, such as teachers and faculty, school
             221      administrators, and local school or institutional board members; and
             222          (c) reflect or represent:
             223          (i) diverse racial, ethnic, limited English proficiency, Indian tribe, and national origin
             224      backgrounds that are found in the state's student population;
             225          (ii) low-income families;
             226          (iii) persons with disabilities; and
             227          (iv) business and labor.
             228          (4) (a) The president of the Senate shall designate a Senate cochair for the committee.
             229          (b) The speaker of the House of Representatives shall designate a House cochair for the
             230      committee.
             231          (5) If a member cannot continue to serve on the committee for any reason, a replacement
             232      shall be chosen by the authority that made the original appointment.
             233          (6) A majority of the committee is a quorum for the transaction of business.
             234          (7) (a) The committee may create public education and higher education subcommittees
             235      to focus on specific issues within their respective systems as well as on issues that overlap both
             236      systems.
             237          (b) The committee members who serve on a subcommittee may, by majority vote, expand
             238      the membership of the subcommittee but not the membership of the committee.
             239          (c) Those invited to serve on a subcommittee who are not members of the committee shall
             240      serve without compensation.
             241          [(8) The committee shall terminate on June 30, 2002, unless reauthorized by the
             242      Legislature.]
             243          Section 8. Section 53A-16-101.5 is amended to read:
             244           53A-16-101.5. School LAND Trust Account -- Contents -- Purpose -- Distribution

             245      of funds -- School plans for use of funds.
             246          (1) (a) There is established a School LAND Trust Program for the state's public schools
             247      to enhance student academic performance and improve educational excellence.
             248          (b) As used in this section, "academic or educational excellence" means student
             249      performance in acquiring and mastering skills in the required state school curriculum.
             250          (2) The program shall be funded from that portion of the Uniform School Fund consisting
             251      of all the interest and dividends on the State School Fund remaining after the deduction of the
             252      amount retained in the State School Fund to protect the fund against losses due to inflation as
             253      prescribed by the Utah Constitution Article X, Section 5.
             254          (3) (a) The State Board of Education shall allocate all the monies referred to in Subsection
             255      (2) annually for the fiscal year beginning July 1, 2000, and for each fiscal year thereafter as
             256      follows:
             257          (i) school districts shall receive 10% of the funds on an equal basis; and
             258          (ii) the remaining 90% of the funds shall be distributed on a per student basis, with each
             259      district receiving its allocation on the number of students in the district as compared to the state
             260      total.
             261          (c) Each school district shall distribute its allocation under Subsection (3)(a) to each school
             262      within the district on an equal per student basis.
             263          (d) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
             264      board may make rules regarding the time and manner in which the student count shall be made for
             265      allocation of the monies.
             266          (4) [(a)] In order to receive its allocation under Subsection (3), each school shall [establish]
             267      have established a local school [committee by October 1, 1999. (b) The committee shall consist]
             268      community council under Section 53A-1a-108 or a designated subcommittee of the council
             269      consisting of seven members:
             270          [(i)] (a) the school's principal;
             271          [(ii)] (b) two teachers appointed by the faculty at the school; and
             272          [(iii)] (c) four parents selected by the parents of students at the school and representing
             273      various grade levels at the school, one of whom shall be the school's PTA president if the school
             274      has one.
             275          [(c) The school may use its directors under Subsections 53A-1a-301 (3) or

             276      53A-1a-303.5 (4)(a) or its community council under Section 53A-1a-108 to fill the requirements
             277      of Subsections (4)(a) and (b).]
             278          (5) (a) The [committee] community council or its subcommittee shall develop a plan to
             279      include:
             280          (i) the school's identified most critical academic needs;
             281          (ii) a recommended course of action to meet the identified academic needs;
             282          (iii) a specific listing of any programs, practices, materials, or equipment which the school
             283      will need to implement its action plan to have a direct impact on the instruction of students and
             284      result in measurable increased student performance; and
             285          (iv) how the school intends to spend its allocation of funds under this section to enhance
             286      or improve academic excellence at the school.
             287          (b) The school may develop a multiyear plan, but the plan must be presented and approved
             288      by the local school board of the district in which the school is located annually and as a
             289      prerequisite to receiving funds allocated under this section.
             290          (6) (a) Each school shall:
             291          (i) implement the plan as developed by the [committee] council or its subcommittee and
             292      approved by the local school board;
             293          (ii) provide ongoing support for the [committee's] council's or its subcommittee's plan;
             294          (iii) meet school board reporting requirements regarding financial and performance
             295      accountability; and
             296          (iv) publicize to its patrons and the general public on how the funds it received under this
             297      section were used to enhance or improve academic excellence at the school, including the results
             298      of those efforts.
             299          (b) (i) Each school through its [committee] council or its subcommittee shall prepare and
             300      present an annual report to its local school board at the end of the school year.
             301          (ii) The report shall detail the use of funds received by the school under this section and
             302      an assessment of the results obtained from the use of the funds.
             303          Section 9. Section 63-55-253 is amended to read:
             304           63-55-253. Repeal dates, Titles 53A, 53B.
             305          The following provisions of Title 53A are repealed on the following dates:
             306          (1) Title 53A, Chapter 1a, Part 2, Strategic Planning for Public and Higher Education

             307      Committee is repealed July 1, 2002.
             308          [(1)] (2) The State Textbook Commission, created in Section 53A-14-101 , is repealed July
             309      1, 2001.
             310          [(2)] (3) Title 53A, Chapter 20a, Public Education Revenue Bond Act, is repealed July 1,
             311      2007.
             312          Section 10. Repealer.
             313          This act repeals:
             314          Section 53A-1a-303.5, Modified program.
             315          Section 11. Repeal date.
             316          Section 53A-1a-303.5 is repealed June 30, 2000.

Legislative Review Note
    as of 11-24-99 9:27 AM

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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