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H.B. 262 Enrolled

                 

STUDENT EDUCATION PLANS

                 
2002 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Merlynn T. Newbold

                  This act modifies provisions related to the State System of Public Education by eliminating
                  certain requirements pertaining to the preparation and implementation of student education
                  plans and student education/occupation plans.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      53A-1a-106, as last amended by Chapter 59, Laws of Utah 2000
                      53A-1a-107, as last amended by Chapter 86, Laws of Utah 2001
                      53A-3-402.9, as last amended by Chapter 86, Laws of Utah 2001
                      53A-15-101, as last amended by Chapters 105 and 312, Laws of Utah 1996
                      53A-15-103, as enacted by Chapter 115, Laws of Utah 1997
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 53A-1a-106 is amended to read:
                       53A-1a-106. School district and individual school powers.
                      (1) In order to acquire and develop the characteristics listed in Section 53A-1a-104 , each
                  school district and each public school within its respective district shall implement a
                  comprehensive system of accountability in which students advance through public schools by
                  demonstrating competency in required skills and mastery of required knowledge through the use
                  of diverse assessment instruments such as authentic and criterion referenced tests, projects, and
                  portfolios.
                      (2) (a) Each school district and public school shall:
                      (i) develop and implement programs integrating technology into the curriculum,
                  instruction, and student assessment;
                      (ii) provide for teacher and parent involvement in policymaking at the school site;
                      (iii) implement a public school choice program to give parents, students, and teachers
                  greater flexibility in designing and choosing among programs with different focuses through


                  schools within the same district and other districts, subject to space availability, demographics, and
                  legal and performance criteria;
                      (iv) establish strategic planning at both the district and school level and site-based decision
                  making programs at the school level;
                      (v) provide opportunities for each student to acquire and develop academic and occupational
                  knowledge, skills, and abilities;
                      (vi) participate in ongoing research and development projects primarily at the school level
                  aimed at improving the quality of education within the system; and
                      (vii) involve business and industry in the education process through the establishment of
                  partnerships with the business community at the district and school level.
                      (b) (i) Each local school [district] board, in consultation with [its teachers,] school personnel,
                  parents, and school community councils or similar entities[, and the State Board of Education,] shall
                  establish policies to provide for the effective implementation of a personalized student education
                  plan (SEP) or student education/occupation plan (SEOP) for each student at the school site.
                      (ii) The policies shall include guidelines and expectations for:
                      (A) recognizing the student's accomplishments [and], strengths, and progress towards
                  meeting student achievement standards as defined in U-PASS;
                      (B) planning, monitoring, and managing education and career development; and
                      (C) [an on-going partnership] involving students, parents, and school personnel in [the
                  process, to include at least two annual SEP conferences at the elementary level, involving the
                  student, the student's parent or guardian, and school personnel, and at least one individual SEOP
                  conference held annually in grades 7-11, with an optional conference in grade 12, involving the
                  student, the student's parent or guardian, and school personnel, and at least one small group SEOP
                  conference in grade 12 and at least one small group SEOP conference in grade 7 or 8 and 9 or 10
                  involving the student, the student's parent or guardian, and school personnel;] preparing and
                  implementing SEPs and SEOPs.
                      [(D) ensuring that SEP and SEOP conferences are held in compliance with applicable rules
                  of the State Board of Education and do not result in significant loss of class time for students; and]

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                      [(E) identifying and obtaining adequate resources, such as time and training, required for a
                  successful program.]
                      [(iii) (A) The State Board of Education shall provide guidelines, after receiving input from
                  local school boards, as to what constitutes the makeup of a small group SEOP.]
                      [(B) Nothing in Subsection (2)(b) prevents parents or guardians from having additional
                  conferences with school personnel on matters related to their students.]
                      (iii) a parent may request conferences with school personnel in addition to SEP or SEOP
                  conferences established by local school board policy.
                      (iv) Time spent during the school day to implement SEPs and SEOPs is considered part of
                  the school term referred to in Subsection 53A-17a-103 (5).
                      (3) A school district or public school may submit proposals to modify or waive rules or
                  policies of a supervisory authority within the public education system in order to acquire or develop
                  the characteristics listed in Section 53A-1a-104 .
                      (4) (a) Each school district and public school shall make an annual report to its patrons on
                  its activities under this section.
                      (b) The reporting process shall involve participation from teachers, parents, and the
                  community at large in determining how well the district or school is performing.
                      (c) The State Board of Education shall receive a copy of each report and make a summary
                  report to the strategic planning committee referred to in Section 53A-1a-102 .
                      Section 2. Section 53A-1a-107 is amended to read:
                       53A-1a-107. State Board of Education assistance to districts and schools.
                      (1) In order to assist school districts and individual schools in acquiring and maintaining the
                  characteristics set forth in Section 53A-1a-104 , the State Board of Education shall:
                      (a) provide the framework for an education system, including core competencies and their
                  assessment, in which school districts and public schools permit students to advance by demonstrating
                  competency in subject matter and mastery of skills;
                      [(b) assist school districts in establishing policies for the effective implementation of student
                  education plans and student education/occupation plans required under Subsection

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                  53A-1a-106 (2)(b);]
                      [(c)] (b) develop and disseminate a state model curriculum, structured to incorporate the
                  concepts of quality versus quantity, depth versus breadth, subject integration and application, applied
                  thinking skills, character development, and a global prospective, which districts and schools may use
                  to assist teachers in helping students acquire the competencies and skills required to advance through
                  the public education system, and periodically review and, if appropriate, revise the curriculum;
                      [(d)] (c) conduct a statewide public awareness program on competency-based educational
                  systems;
                      [(e)] (d) compile and publish, for the state as a whole, a set of educational performance
                  indicators describing trends in student performance;
                      [(f)] (e) promote a public education climate of high expectations and academic excellence;
                      [(g)] (f) disseminate successful site-based decision-making models to districts and schools
                  and provide teacher professional development opportunities and evaluation programs for site-based
                  plans consistent with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b);
                      [(h)] (g) provide a mechanism for widespread dissemination of information about strategic
                  planning for public education, including involvement of business and industry in the education
                  process, in order to ensure the understanding and support of all the individuals and groups concerned
                  with the mission of public education as outlined in Section 53A-1a-103 ;
                      [(i)] (h) provide for a research and development clearing house at the state level to receive
                  and share with school districts and public schools information on effective and innovative practices
                  and programs in education;
                      [(j)] (i) help school districts develop and implement guidelines, strategies, and professional
                  development programs for administrators and teachers consistent with Subsections 53A-1a-104 (7)
                  and 53A-6-102 (2)(a) and (b) focused on improving interaction with parents and promoting greater
                  parental involvement in the public schools; and
                      [(k)] (j) in concert with the State Board of Regents and the state's colleges of education
                  review and revise teacher licensing requirements to be consistent with teacher preparation for
                  participation in personalized education programs within the public schools.

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                      (2) (a) The board shall make an annual report to the Legislature on its activities under this
                  section.
                      (b) The reporting process shall involve participation from school districts and schools in
                  helping to evaluate how well the board has assisted the schools and school districts.
                      Section 3. Section 53A-3-402.9 is amended to read:
                       53A-3-402.9. Assessment of emerging and early reading skills -- Resources provided
                  by school districts.
                      (1) The Legislature recognizes that well-developed reading skills help:
                      (a) children to succeed in school, develop self esteem, and build positive relationships with
                  others;
                      (b) young adults to become independent learners; and
                      (c) adults to become and remain productive members of a rapidly changing technology-based
                  society.
                      (2) (a) [Therefore, as part of a kindergarten student's first student education plan, the] Each
                  kindergarten student, the student's parent or guardian, [the student,] and kindergarten personnel at
                  the student's school [shall] may participate in an assessment of the student's reading and numeric
                  skills.
                      (b) The assessment [shall], if made, should take place no later than during the first two
                  weeks of the school year.
                      (c) The State Office of Education, in cooperation with the state's school districts, [shall] may
                  develop the assessment instrument and any additional materials needed to implement and
                  supplement the assessment program.
                      (3) The kindergarten student's teacher [shall] may use the assessment in planning and
                  developing an instructional program to meet the student's identified needs.
                      (4) Based on the assessment under Subsection (2), the school shall provide the student's
                  parent or guardian with appropriate resource materials to assist them at home in the student's literacy
                  development.
                      [(5) The State Office of Education shall collect, review, and provide to school districts the

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                  assessment data generated under Subsection (2) in order to:]
                      [(a) provide information to develop a personalized instructional program based on student
                  needs;]
                      [(b) improve teacher professional development and preservice programs and strategies that
                  are consistent with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b) and related to teaching
                  reading and numeric skills; and]
                      [(c) evaluate the effectiveness of reading readiness for students entering the first grade.]
                      [(6) In conjunction with the assessment program established under this section, school
                  districts shall annually evaluate the need to use part of their Title 1 funds for preschool literacy
                  programs.]
                      Section 4. Section 53A-15-101 is amended to read:
                       53A-15-101. Higher education courses in the public schools -- Cooperation between
                  public and higher education -- Annual report.
                      (1) The State Board of Education in collaboration with the State Board of Regents shall
                  implement:
                      (a) a curriculum program and delivery system which allows students the option to complete
                  high school graduation requirements and prepares them to meet college admission requirements at
                  the conclusion of the eleventh grade, but does not preclude a student involved in accelerated learning
                  programs from graduating at an earlier time;
                      (b) a program of selected college credit courses in general and applied technology education
                  which would be made available in cooperation with the State Board of Regents, as resources allow,
                  through concurrent enrollment with one or more of the state's institutions of higher education;
                      (c) a course of study for a student who decides to continue on through the twelfth grade that
                  would allow the student to take courses necessary to graduate from high school, and at the student's
                  option, to become better prepared for the world of work, or complete selected college level courses
                  corresponding to the first year of course work at a university, college, or community college in the
                  state system of higher education; and
                      (d) a program for advanced placement which permits students to earn high school credits

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                  while qualifying to take advanced placement examinations for college credit[; and].
                      [(e) (i) a program for the preparation of a student education-occupation plan by each student
                  at the beginning of the ninth grade which focuses on the student's intent and course of study
                  necessary to complete graduation requirements while participating in one of the programs listed in
                  Subsections (a), (b), (c), and (d);]
                      [(ii) the student education-occupation plan shall be prepared by the student under the
                  guidance of the student's parent or guardian and school counselor and be consistent with the policies
                  established by school districts under Subsection 53A-1a-106 (2)(b).]
                      (2) The delivery system and curriculum program shall be designed and implemented to take
                  full advantage of the most current available educational technology.
                      (3) The State Board of Regents shall adopt rules to ensure the following:
                      (a) early high school graduates who are academically prepared and meet college admission
                  requirements may be enrolled in one of the state's institutions of higher education;
                      (b) college credit courses are taught in high school concurrent enrollment or advanced
                  placement programs by college or university faculty or public school educators under the following
                  conditions:
                      (i) public school educators in concurrent enrollment programs must first be approved as
                  adjunct faculty and supervised by a state institution of higher education;
                      (ii) teaching is done through live classroom instruction or telecommunications; and
                      (iii) course content, procedures, and teaching materials in concurrent enrollment programs
                  are approved by the appropriate department or program at an institution of higher education in order
                  to ensure quality and comparability with courses offered on college and university campuses; and
                      (c) college credits obtained under this section shall be accepted for transfer of credit
                  purposes as if they had been obtained at any public institution of higher education within the state
                  system.
                      (4) College-level courses taught in the high school carry the same credit hour value as when
                  taught on a college or university campus and apply toward graduation on the same basis as courses
                  taught at an institution of higher education to which the credits are submitted.

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                      (5) The State Board of Education shall provide students in the public schools with the option
                  of accelerating their educational program and graduating at the conclusion of the eleventh grade.
                      (6) (a) The State Board of Education and State Board of Regents shall work in close
                  cooperation in developing, implementing, and evaluating the program established under this section.
                      (b) (i) Each high school shall receive its proportional share of concurrent enrollment monies
                  appropriated or allocated pursuant to Section 53A-17a-120 based upon the hours of higher education
                  course work undertaken by students at the school under Subsections (1)(b) and (1)(c) as compared
                  to the state total.
                      (ii) School districts shall contract with institutions of higher education to provide the higher
                  education services required under this section.
                      (iii) (A) Higher education tuition and fees may not be charged for participation in this
                  program, except that each institution within the state's higher education system may charge a
                  one-time per student per institution admissions application fee for concurrent enrollment course
                  credit offered by the institution.
                      (B) Payment of the fee under Subsection (6)(b)(iii)(A) satisfies the general admissions
                  application fee requirement for a full-time or part-time student at an institution so that no additional
                  admissions application fee may be charged by the institution.
                      (c) The two boards shall provide the Legislature and the governor with an annual report on
                  the effectiveness of the program with specific focus on the availability and use of counselors in the
                  ninth through eleventh grades to assist students and their parents in designing and implementing
                  effective student education plans.
                      Section 5. Section 53A-15-103 is amended to read:
                       53A-15-103. Developmental program for extended school year -- Objectives --
                  Participation requirements -- Appropriation -- Evaluation.
                      (1) In pursuit of educational excellence and consistent with the State Strategic Plan for
                  Public Education, there is established a developmental program for the implementation of an
                  extended school year program at selected secondary public schools.
                      (2) The objectives of the program are to:

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                      (a) develop and implement an extended school year program for middle or junior high and
                  high school students;
                      (b) increase school building efficiency in better utilizing facilities by the addition of a
                  summer term of school;
                      (c) provide an optional term in the summer for voluntary enrollment in basic programs for
                  acceleration, enrichment, promotion, and remediation;
                      (d) increase attendance options by allowing students and their parents to choose which terms
                  the student will attend school during the school year, so long as the students attend a required
                  minimum number of days as determined by the State Board of Education under [Subsection] Section
                  53A-17a-103 [(5)];
                      (e) provide teachers with opportunities for flexible contracts;
                      (f) provide a program in high school to enable students to complete at least the first year of
                  college at the high school site or at least one year of an applied technology apprenticeship program
                  or components of both;
                      (g) determine the effect of the extended school year on student discipline, extracurricular
                  activities, and family vacations; and
                      (h) provide a meaningful summer program for students.
                      (3) Participation in the program is voluntary and subject to the following requirements:
                      (a) a prepared plan for the development and implementation of a program by the applicant
                  school or school district that:
                      (i) includes competency based promotion or graduation components consistent with the Utah
                  Strategic Plan for Educational Excellence and the standards established under Section 53A-15-101 ;
                      (ii) provides for the transferability of credits from the middle school or junior high school
                  level to the high school level under an accelerated learning program; and
                      (iii) at the high school level, allows students to participate in the programs referred to in
                  Subsection (2)(f); and
                      [(b) verification that the school has an effective student education-occupation plan for each
                  student at the school; and]

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                      [(c)] (b) a process for the development and implementation of procedures for teachers and
                  administrators at the applicant school to be able to waive or modify any state or district rules or
                  policies that would impede or interfere with the implementation of the extended school year
                  program, including a component for waivers relating to contracts or agreements between the district
                  and its employees, and requiring agreement to the waivers by the entity that represented the
                  employees in obtaining the contract or agreement.
                      (4) (a) The State Board of Education shall select the schools to participate in the
                  developmental program authorized under this section.
                      (b) The board, through the state superintendent of public instruction, shall establish
                  application deadlines for participation in the program.
                      (5) (a) The State Board of Education shall use experimental and developmental program
                  monies appropriated under Section 53A-17a-132 to implement the developmental program
                  authorized under this section.
                      (b) The board, through the state superintendent, shall administer and distribute the
                  appropriation in such a manner as to provide for participation by a junior high or middle school that
                  is a feeder school to a high school selected to participate in the program.
                      (c) (i) Participation in the program is limited to four consecutive years unless otherwise
                  reauthorized by the Legislature.
                      (ii) Unless otherwise approved by the state board, a participant school shall devote its first
                  year in the program to planning and development for full implementation of the program beginning
                  with summer sessions in 1998.
                      (d) (i) A participant school's funding in succeeding years shall be based, in part, on the
                  school's achievements in the previous year.
                      (ii) Participating high schools shall:
                      (A) collaborate with the state superintendent of public instruction to develop a funding
                  mechanism for the schools that takes into account the acceleration of students through the system
                  under the program; and
                      (B) present their findings to the Legislature's Education Interim Committee, together with

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                  any proposal for legislation, prior to the 1998 Annual General Session.
                      (e) (i) Participant schools are encouraged to supplement their allocation of the appropriation
                  with monies they may have access to under other programs authorized in Title 53A, such as
                  centennial schools, modified centennial schools, and comprehensive guidance.
                      (ii) These experimental and developmental program monies under Subsection (5)(a) are in
                  addition to any other appropriations made under Title 53A for accelerated learning programs,
                  including concurrent enrollment and advanced placement, and may not be used to supplant monies
                  for those programs.
                      (6) (a) Each participating school shall closely monitor and report its progress and
                  achievements under the program pursuant to guidelines established by the State Board of Education.
                      (b) The state board shall make an annual report on the effectiveness of the program to the
                  Legislature's Education Interim Committee and the Task Force on Strategic Planning for Public and
                  Higher Education.
                      (7) Each school participating in the program shall structure its program to be compatible
                  with the collaborative, early graduation, and centennial scholarship programs authorized under
                  Sections 53A-15-101 and 53A-15-102 .

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