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H.B. 262





Sponsor: Merlynn T. Newbold

             5      This act modifies provisions related to the State System of Public Education by eliminating
             6      certain requirements pertaining to the preparation and implementation of student education
             7      plans and student education/occupation plans.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      AMENDS:
             10          53A-1a-106, as last amended by Chapter 59, Laws of Utah 2000
             11          53A-1a-107, as last amended by Chapter 86, Laws of Utah 2001
             12          53A-3-402.9, as last amended by Chapter 86, Laws of Utah 2001
             13          53A-15-101, as last amended by Chapters 105 and 312, Laws of Utah 1996
             14          53A-15-103, as enacted by Chapter 115, Laws of Utah 1997
             15      Be it enacted by the Legislature of the state of Utah:
             16          Section 1. Section 53A-1a-106 is amended to read:
             17           53A-1a-106. School district and individual school powers.
             18          (1) In order to acquire and develop the characteristics listed in Section 53A-1a-104 , each
             19      school district and each public school within its respective district shall implement a
             20      comprehensive system of accountability in which students advance through public schools by
             21      demonstrating competency in required skills and mastery of required knowledge through the use
             22      of diverse assessment instruments such as authentic and criterion referenced tests, projects, and
             23      portfolios.
             24          (2) (a) Each school district and public school shall:
             25          (i) develop and implement programs integrating technology into the curriculum,
             26      instruction, and student assessment;
             27          (ii) provide for teacher and parent involvement in policymaking at the school site;

             28          (iii) implement a public school choice program to give parents, students, and teachers
             29      greater flexibility in designing and choosing among programs with different focuses through
             30      schools within the same district and other districts, subject to space availability, demographics, and
             31      legal and performance criteria;
             32          (iv) establish strategic planning at both the district and school level and site-based decision
             33      making programs at the school level;
             34          (v) provide opportunities for each student to acquire and develop academic and
             35      occupational knowledge, skills, and abilities;
             36          (vi) participate in ongoing research and development projects primarily at the school level
             37      aimed at improving the quality of education within the system; and
             38          (vii) involve business and industry in the education process through the establishment of
             39      partnerships with the business community at the district and school level.
             40          (b) (i) Each local school [district] board, in consultation with [its teachers,] school
             41      personnel h , PARENTS, h and school community councils or similar entities[, and the State Board of
             41a      Education,]
             42      shall establish policies to provide for the effective implementation of a personalized student
             43      education plan (SEP) or student education/occupation plan (SEOP) for each student at the school
             44      site.
             45          (ii) The policies shall include guidelines and expectations for:
             46          (A) recognizing the student's accomplishments h [ and ] , h strengths h , AND PROGRESS
             47          (B) planning, monitoring, and managing education and career development; and
             48          (C) [an on-going partnership] involving students, parents, and school personnel in [the
             49      process, to include at least two annual SEP conferences at the elementary level, involving the
             50      student, the student's parent or guardian, and school personnel, and at least one individual SEOP
             51      conference held annually in grades 7-11, with an optional conference in grade 12, involving the
             52      student, the student's parent or guardian, and school personnel, and at least one small group SEOP
             53      conference in grade 12 and at least one small group SEOP conference in grade 7 or 8 and 9 or 10
             54      involving the student, the student's parent or guardian, and school personnel;] preparing and
             55      implementing SEPs and SEOPs.
             56          [(D) ensuring that SEP and SEOP conferences are held in compliance with applicable rules
             57      of the State Board of Education and do not result in significant loss of class time for students; and]
             58          [(E) identifying and obtaining adequate resources, such as time and training, required for

             59      a successful program.]
             60          [(iii) (A) The State Board of Education shall provide guidelines, after receiving input from
             61      local school boards, as to what constitutes the makeup of a small group SEOP.]
             62          [(B) Nothing in Subsection (2)(b) prevents parents or guardians from having additional
             63      conferences with school personnel on matters related to their students.]
             64           h [[](iv) Time spent during the school day to implement SEPs and SEOPs is considered part
             65      of the school term referred to in Subsection 53A-17a-103 (5). []] h
             66          (3) A school district or public school may submit proposals to modify or waive rules or
             67      policies of a supervisory authority within the public education system in order to acquire or
             68      develop the characteristics listed in Section 53A-1a-104 .
             69          (4) (a) Each school district and public school shall make an annual report to its patrons on
             70      its activities under this section.
             71          (b) The reporting process shall involve participation from teachers, parents, and the
             72      community at large in determining how well the district or school is performing.
             73          (c) The State Board of Education shall receive a copy of each report and make a summary
             74      report to the strategic planning committee referred to in Section 53A-1a-102 .
             75          Section 2. Section 53A-1a-107 is amended to read:
             76           53A-1a-107. State Board of Education assistance to districts and schools.
             77          (1) In order to assist school districts and individual schools in acquiring and maintaining
             78      the characteristics set forth in Section 53A-1a-104 , the State Board of Education shall:
             79          (a) provide the framework for an education system, including core competencies and their
             80      assessment, in which school districts and public schools permit students to advance by
             81      demonstrating competency in subject matter and mastery of skills;
             82          [(b) assist school districts in establishing policies for the effective implementation of
             83      student education plans and student education/occupation plans required under Subsection
             84      53A-1a-106 (2)(b);]
             85          [(c)] (b) develop and disseminate a state model curriculum, structured to incorporate the
             86      concepts of quality versus quantity, depth versus breadth, subject integration and application,
             87      applied thinking skills, character development, and a global prospective, which districts and
             88      schools may use to assist teachers in helping students acquire the competencies and skills required
             89      to advance through the public education system, and periodically review and, if appropriate, revise

             90      the curriculum;
             91          [(d)] (c) conduct a statewide public awareness program on competency-based educational
             92      systems;
             93          [(e)] (d) compile and publish, for the state as a whole, a set of educational performance
             94      indicators describing trends in student performance;
             95          [(f)] (e) promote a public education climate of high expectations and academic excellence;
             96          [(g)] (f) disseminate successful site-based decision-making models to districts and schools
             97      and provide teacher professional development opportunities and evaluation programs for site-based
             98      plans consistent with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b);
             99          [(h)] (g) provide a mechanism for widespread dissemination of information about strategic
             100      planning for public education, including involvement of business and industry in the education
             101      process, in order to ensure the understanding and support of all the individuals and groups
             102      concerned with the mission of public education as outlined in Section 53A-1a-103 ;
             103          [(i)] (h) provide for a research and development clearing house at the state level to receive
             104      and share with school districts and public schools information on effective and innovative practices
             105      and programs in education;
             106          [(j)] (i) help school districts develop and implement guidelines, strategies, and professional
             107      development programs for administrators and teachers consistent with Subsections 53A-1a-104 (7)
             108      and 53A-6-102 (2)(a) and (b) focused on improving interaction with parents and promoting greater
             109      parental involvement in the public schools; and
             110          [(k)] (j) in concert with the State Board of Regents and the state's colleges of education
             111      review and revise teacher licensing requirements to be consistent with teacher preparation for
             112      participation in personalized education programs within the public schools.
             113          (2) (a) The board shall make an annual report to the Legislature on its activities under this
             114      section.
             115          (b) The reporting process shall involve participation from school districts and schools in
             116      helping to evaluate how well the board has assisted the schools and school districts.
             117          Section 3. Section 53A-3-402.9 is amended to read:
             118           53A-3-402.9. Assessment of emerging and early reading skills -- Resources provided
             119      by school districts.
             120          (1) The Legislature recognizes that well-developed reading skills help:

             121          (a) children to succeed in school, develop self esteem, and build positive relationships with
             122      others;
             123          (b) young adults to become independent learners; and
             124          (c) adults to become and remain productive members of a rapidly changing
             125      technology-based society.
             126          (2) (a) [Therefore, as part of a kindergarten student's first student education plan, the] Each
             127      kindergarten student, the student's parent or guardian, [the student,] and kindergarten personnel
             128      at the student's school h [ shall ] MAY h participate in an assessment of the student's reading and
             128a      numeric skills.
             129          (b) The assessment h [ shall ] , IF MADE, SHOULD h take place no later than during the first
             129a      two weeks of the school
             130      year.
             131          (c) The State Office of Education, in cooperation with the state's school districts, h [ shall ]
             131a      MAY h
             132      develop the assessment instrument and any additional materials needed to implement and
             133      supplement the assessment program.
             134          (3) The kindergarten student's teacher h [ shall ] MAY h use the assessment in planning and
             134a      developing
             135      an instructional program to meet the student's identified needs.
             136          (4) Based on the assessment under Subsection (2), the school shall provide the student's
             137      parent or guardian with appropriate resource materials to assist them at home in the student's
             138      literacy development.
             139           h [ (5) The State Office of Education shall collect, review, and provide to school districts the
             140      assessment data generated under Subsection (2) in order to:
             141          (a) provide information to develop a personalized instructional program based on student
             142      needs;
             143          (b) improve teacher professional development and preservice programs and strategies that
             144      are consistent with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b) and related to
             145      teaching reading and numeric skills; and
             146          (c) evaluate the effectiveness of reading readiness for students entering the first grade.
             147          (6) In conjunction with the assessment program established under this section, school
             148      districts shall annually evaluate the need to use part of their Title 1 funds for preschool literacy
             149      programs.
] h

             150          Section 4. Section 53A-15-101 is amended to read:
             151           53A-15-101. Higher education courses in the public schools -- Cooperation between

             152      public and higher education -- Annual report.
             153          (1) The State Board of Education in collaboration with the State Board of Regents shall
             154      implement:
             155          (a) a curriculum program and delivery system which allows students the option to
             156      complete high school graduation requirements and prepares them to meet college admission
             157      requirements at the conclusion of the eleventh grade, but does not preclude a student involved in
             158      accelerated learning programs from graduating at an earlier time;
             159          (b) a program of selected college credit courses in general and applied technology
             160      education which would be made available in cooperation with the State Board of Regents, as
             161      resources allow, through concurrent enrollment with one or more of the state's institutions of
             162      higher education;
             163          (c) a course of study for a student who decides to continue on through the twelfth grade
             164      that would allow the student to take courses necessary to graduate from high school, and at the
             165      student's option, to become better prepared for the world of work, or complete selected college
             166      level courses corresponding to the first year of course work at a university, college, or community
             167      college in the state system of higher education; and
             168          (d) a program for advanced placement which permits students to earn high school credits
             169      while qualifying to take advanced placement examinations for college credit[; and].
             170          [(e) (i) a program for the preparation of a student education-occupation plan by each
             171      student at the beginning of the ninth grade which focuses on the student's intent and course of
             172      study necessary to complete graduation requirements while participating in one of the programs
             173      listed in Subsections (a), (b), (c), and (d);]
             174          [(ii) the student education-occupation plan shall be prepared by the student under the
             175      guidance of the student's parent or guardian and school counselor and be consistent with the
             176      policies established by school districts under Subsection 53A-1a-106 (2)(b).]
             177          (2) The delivery system and curriculum program shall be designed and implemented to
             178      take full advantage of the most current available educational technology.
             179          (3) The State Board of Regents shall adopt rules to ensure the following:
             180          (a) early high school graduates who are academically prepared and meet college admission
             181      requirements may be enrolled in one of the state's institutions of higher education;
             182          (b) college credit courses are taught in high school concurrent enrollment or advanced

             183      placement programs by college or university faculty or public school educators under the following
             184      conditions:
             185          (i) public school educators in concurrent enrollment programs must first be approved as
             186      adjunct faculty and supervised by a state institution of higher education;
             187          (ii) teaching is done through live classroom instruction or telecommunications; and
             188          (iii) course content, procedures, and teaching materials in concurrent enrollment programs
             189      are approved by the appropriate department or program at an institution of higher education in
             190      order to ensure quality and comparability with courses offered on college and university campuses;
             191      and
             192          (c) college credits obtained under this section shall be accepted for transfer of credit
             193      purposes as if they had been obtained at any public institution of higher education within the state
             194      system.
             195          (4) College-level courses taught in the high school carry the same credit hour value as
             196      when taught on a college or university campus and apply toward graduation on the same basis as
             197      courses taught at an institution of higher education to which the credits are submitted.
             198          (5) The State Board of Education shall provide students in the public schools with the
             199      option of accelerating their educational program and graduating at the conclusion of the eleventh
             200      grade.
             201          (6) (a) The State Board of Education and State Board of Regents shall work in close
             202      cooperation in developing, implementing, and evaluating the program established under this
             203      section.
             204          (b) (i) Each high school shall receive its proportional share of concurrent enrollment
             205      monies appropriated or allocated pursuant to Section 53A-17a-120 based upon the hours of higher
             206      education course work undertaken by students at the school under Subsections (1)(b) and (1)(c)
             207      as compared to the state total.
             208          (ii) School districts shall contract with institutions of higher education to provide the
             209      higher education services required under this section.
             210          (iii) (A) Higher education tuition and fees may not be charged for participation in this
             211      program, except that each institution within the state's higher education system may charge a
             212      one-time per student per institution admissions application fee for concurrent enrollment course
             213      credit offered by the institution.

             214          (B) Payment of the fee under Subsection (6)(b)(iii)(A) satisfies the general admissions
             215      application fee requirement for a full-time or part-time student at an institution so that no
             216      additional admissions application fee may be charged by the institution.
             217          (c) The two boards shall provide the Legislature and the governor with an annual report
             218      on the effectiveness of the program with specific focus on the availability and use of counselors
             219      in the ninth through eleventh grades to assist students and their parents in designing and
             220      implementing effective student education plans.
             221          Section 5. Section 53A-15-103 is amended to read:
             222           53A-15-103. Developmental program for extended school year -- Objectives --
             223      Participation requirements -- Appropriation -- Evaluation.
             224          (1) In pursuit of educational excellence and consistent with the State Strategic Plan for
             225      Public Education, there is established a developmental program for the implementation of an
             226      extended school year program at selected secondary public schools.
             227          (2) The objectives of the program are to:
             228          (a) develop and implement an extended school year program for middle or junior high and
             229      high school students;
             230          (b) increase school building efficiency in better utilizing facilities by the addition of a
             231      summer term of school;
             232          (c) provide an optional term in the summer for voluntary enrollment in basic programs for
             233      acceleration, enrichment, promotion, and remediation;
             234          (d) increase attendance options by allowing students and their parents to choose which
             235      terms the student will attend school during the school year, so long as the students attend a
             236      required minimum number of days as determined by the State Board of Education under
             237      [Subsection] Section 53A-17a-103 [(5)];
             238          (e) provide teachers with opportunities for flexible contracts;
             239          (f) provide a program in high school to enable students to complete at least the first year
             240      of college at the high school site or at least one year of an applied technology apprenticeship
             241      program or components of both;
             242          (g) determine the effect of the extended school year on student discipline, extracurricular
             243      activities, and family vacations; and
             244          (h) provide a meaningful summer program for students.

             245          (3) Participation in the program is voluntary and subject to the following requirements:
             246          (a) a prepared plan for the development and implementation of a program by the applicant
             247      school or school district that:
             248          (i) includes competency based promotion or graduation components consistent with the
             249      Utah Strategic Plan for Educational Excellence and the standards established under Section
             250      53A-15-101 ;
             251          (ii) provides for the transferability of credits from the middle school or junior high school
             252      level to the high school level under an accelerated learning program; and
             253          (iii) at the high school level, allows students to participate in the programs referred to in
             254      Subsection (2)(f); and
             255          [(b) verification that the school has an effective student education-occupation plan for each
             256      student at the school; and]
             257          [(c)] (b) a process for the development and implementation of procedures for teachers and
             258      administrators at the applicant school to be able to waive or modify any state or district rules or
             259      policies that would impede or interfere with the implementation of the extended school year
             260      program, including a component for waivers relating to contracts or agreements between the
             261      district and its employees, and requiring agreement to the waivers by the entity that represented
             262      the employees in obtaining the contract or agreement.
             263          (4) (a) The State Board of Education shall select the schools to participate in the
             264      developmental program authorized under this section.
             265          (b) The board, through the state superintendent of public instruction, shall establish
             266      application deadlines for participation in the program.
             267          (5) (a) The State Board of Education shall use experimental and developmental program
             268      monies appropriated under Section 53A-17a-132 to implement the developmental program
             269      authorized under this section.
             270          (b) The board, through the state superintendent, shall administer and distribute the
             271      appropriation in such a manner as to provide for participation by a junior high or middle school
             272      that is a feeder school to a high school selected to participate in the program.
             273          (c) (i) Participation in the program is limited to four consecutive years unless otherwise
             274      reauthorized by the Legislature.
             275          (ii) Unless otherwise approved by the state board, a participant school shall devote its first

             276      year in the program to planning and development for full implementation of the program beginning
             277      with summer sessions in 1998.
             278          (d) (i) A participant school's funding in succeeding years shall be based, in part, on the
             279      school's achievements in the previous year.
             280          (ii) Participating high schools shall:
             281          (A) collaborate with the state superintendent of public instruction to develop a funding
             282      mechanism for the schools that takes into account the acceleration of students through the system
             283      under the program; and
             284          (B) present their findings to the Legislature's Education Interim Committee, together with
             285      any proposal for legislation, prior to the 1998 Annual General Session.
             286          (e) (i) Participant schools are encouraged to supplement their allocation of the
             287      appropriation with monies they may have access to under other programs authorized in Title 53A,
             288      such as centennial schools, modified centennial schools, and comprehensive guidance.
             289          (ii) These experimental and developmental program monies under Subsection (5)(a) are
             290      in addition to any other appropriations made under Title 53A for accelerated learning programs,
             291      including concurrent enrollment and advanced placement, and may not be used to supplant monies
             292      for those programs.
             293          (6) (a) Each participating school shall closely monitor and report its progress and
             294      achievements under the program pursuant to guidelines established by the State Board of
             295      Education.
             296          (b) The state board shall make an annual report on the effectiveness of the program to the
             297      Legislature's Education Interim Committee and the Task Force on Strategic Planning for Public
             298      and Higher Education.
             299          (7) Each school participating in the program shall structure its program to be compatible
             300      with the collaborative, early graduation, and centennial scholarship programs authorized under
             301      Sections 53A-15-101 and 53A-15-102 .

Legislative Review Note
    as of 12-19-01 3:20 PM

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

Office of Legislative Research and General Counsel

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