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H.B. 262 Enrolled
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:
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
(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 [
parents, and school community councils or similar entities[
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 [
meeting student achievement standards as defined in U-PASS;
(B) planning, monitoring, and managing education and career development; and
implementing SEPs and SEOPs.
(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;
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;
indicators describing trends in student performance;
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);
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 ;
and share with school districts and public schools information on effective and innovative practices
and programs in education;
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
review and revise teacher licensing requirements to be consistent with teacher preparation for
participation in personalized education programs within the public schools.
(2) (a) The board shall make an annual report to the Legislature on its activities under this
(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
(b) young adults to become independent learners; and
(c) adults to become and remain productive members of a rapidly changing technology-based
(2) (a) [
kindergarten student, the student's parent or guardian, [
the student's school [
(b) The assessment [
weeks of the school year.
(c) The State Office of Education, in cooperation with the state's school districts, [
develop the assessment instrument and any additional materials needed to implement and
supplement the assessment program.
(3) The kindergarten student's teacher [
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
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
(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
while qualifying to take advanced placement examinations for college credit[
(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
(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
(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.
(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:
(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 [
(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
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
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
(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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