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S.B. 167 Enrolled
This act modifies provisions related to the State System of Public Education by specifying
the duties, powers, and membership of a school community council and establishing a
process for the selection of council members. This act amends provisions relating to the
school improvement plans and the School LAND Trust Program. This act takes effect on
July 1, 2002.
This act affects sections of Utah Code Annotated 1953 as follows:
53A-1-402.6, as enacted by Chapter 301, Laws of Utah 2000
53A-1-606.5, as last amended by Chapter 179, Laws of Utah 2001
53A-1a-108, as last amended by Chapter 59, Laws of Utah 2000
53A-3-402, as last amended by Chapter 119, Laws of Utah 2000
53A-3-701, as enacted by Chapter 335, Laws of Utah 2001
53A-16-101.5, as last amended by Chapter 59, Laws of Utah 2000
53A-1a-108.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-1-402.6 is amended to read:
53A-1-402.6. Focus on core curriculum.
(1) In establishing minimum standards related to curriculum and instruction requirements
under Subsection 53A-1-402 (1)(c), the State Board of Education shall, in consultation with local
school boards and local school superintendents, define and establish a core curriculum.
(2) The board shall include in its definition an identification of the basic knowledge, skills,
and competencies each student is expected to acquire or master as the student advances through
the public education system.
curriculum with the expectation that each program will enhance or help achieve mastery of the core
Section 2. Section 53A-1-606.5 is amended to read:
53A-1-606.5. Reading achievement in grades one through three -- Monitoring --
Reporting -- Additional instruction.
(1) (a) The Legislature recognizes that:
(i) reading is the most fundamental skill, the gateway to knowledge and lifelong learning;
(ii) there is an ever increasing demand for literacy in the highly technological society we live
(iii) students who do not learn to read will be economically and socially disadvantaged;
(iv) reading problems exist in almost every classroom;
(v) almost all reading failure is preventable if reading difficulties are diagnosed and treated
by no later than the end of the third grade; and
(vi) early identification and treatment of reading difficulties can result in students learning
to read by the end of the third grade.
(b) It is therefore:
(i) the long-term goal of the state to have every student in the state's public education system
reading on or above grade level by the end of the third grade; and
(ii) the short-term goal of the state to have 90% or more of all third graders reading on or
above grade level by the end of the third grade in 2006.
(c) (i) The superintendent of public instruction or the superintendent's designee shall make
an annual report to the State Board of Education and to the Legislature's Education Interim
Committee on the goals established in Subsection (1)(b).
(ii) The information shall be reported as part of the U-PASS testing program as required
under Section 53A-3-602.5 , beginning with the 2001-02 school year, and include the following for
each school district and elementary school:
(A) the number and percent of all students reading on or above grade level at the end of the
first, second, and third grades;
(B) the annual reading achievement growth from the prior year and cumulative reading
achievement growth from the base year of 2001-02 in the percent of students reading on or above
grade level for each year;
(C) those schools that reach the 90% reading achievement goal or achieve a sufficient
magnitude of gain each year as determined by the State Board of Education from the 2001-02 base
year or do both; and
(D) those elementary schools that fail to achieve a sufficient magnitude of gain each year as
determined by the State Board of Education from the 2001-02 base year.
(d) The State Board of Education, through the superintendent of public instruction, shall
determine as part of the U-PASS testing program:
(i) the appropriate statewide tests to assess reading levels at the end of each year in the first,
second, and third grades;
(ii) an appropriate standard or cut score on each assessment for determining grade level
reading mastery; and
(iii) the actual percent of students reading on or above grade level in the first, second, and
third grades at each public elementary school as required under Subsection (1)(c)(i) by dividing the
headcount enrollment of students reading on or above grade level at that grade by the headcount
enrollment of students in the building at that grade on the date that the reading assessment is
(2) Local school boards shall annually review the U-PASS data regarding reading at school
and district levels and shall work with districts and schools to review and revise plans as needed to
meet the goal set in Subsection (1)(b).
(3) (a) Each school district shall require the elementary schools within its district boundaries
to develop, in conjunction with all other school planning processes and requirements, a reading
achievement plan at each school for its kindergarten, first, second, and third graders to reach the
reading goals set in Subsection (1)(b).
(b) The reading achievement plan shall be:
(i) subject to Subsection (3)(e), developed under the direction of the school community
council or a subcommittee or task force created by the school community council; and
(ii) implemented by the school's principal, teachers, and other appropriate school staff.
allocate resources and support for teachers and students, most particularly for those who are reading
below grade level, to achieve the reading goals.
(i) an assessment component that:
identify those students who are reading below grade level;
(B) uses U-PASS and local assessment information throughout the year to determine
students' instructional needs; and
(C) is consistent with the exemption provisions of Subsection 53A-1-603 (3)(c) regarding
such students as students with disabilities or limited English proficiency;
(ii) an intervention component:
(A) that provides adequate and appropriate interventions focused on bringing each student
up to reading at or above grade level and which would permit retention in the grade level of a student
reading below grade level based on a joint determination made by the principal or the principal's
designee, the student's teacher, and the student's parent;
(B) based on best practices identified through proven researched-based methods;
(C) that includes parental participation; and
(D) that, as resources allow, involves a reading specialist; and
(iii) a reporting component consistent with the data to be included in the school performance
report required under Section 53A-3-602.5 .
(e) In developing or reviewing a reading achievement plan, a school community council or
subcommittee or task force of a school community council may not have access to data that reveal
the identity of students.
(4) The school district shall approve each school's plan prior to its implementation and
review each plan annually.
Section 3. Section 53A-1a-108 is amended to read:
53A-1a-108. School community councils authorized -- Duties -- Composition --
Selection of members.
school community council at the school building level [
(2) (a) Each school community council shall:
(i) develop a school improvement plan in accordance with Section 53A-1a-108.5 ;
(ii) develop the School LAND Trust Program in accordance with Section 53A-16-101.5 ;
(iii) assist in the development and implementation of a staff professional development plan
as provided by Section 53A-3-701 ;
(iv) develop a child access routing plan in accordance with Section 53A-3-402 ; and
(v) advise and make recommendations to school and school district administrators and the
local school board regarding the school and its programs, school district programs, and other issues
relating to the community environment for students.
(b) In addition to the duties specified in Subsection (2)(a), a school community council for
an elementary school shall develop a reading achievement plan in accordance with Section
the school's principal, and parents or guardians of students who are attending the school, except for
parents or guardians who are employed at the school.
(b) Except as provided in Subsection (3)(c):
(i) each school community council for a high school shall have six parent or guardian
members and five employee members, including the principal; and
(ii) each school community council for a school other than a high school shall have four
parent or guardian members and three employee members, including the principal.
(c) (i) A school community council may have a larger membership provided that the number
of parent and guardian members exceeds the number of employee members.
(ii) A school community council may have a smaller membership provided that:
(A) the number of parent and guardian members exceeds the number of employee members;
(B) there are at least two employee members on the school community council.
of the employees and serves a two-year term beginning July 1. The principal shall serve as an ex
officio member with full voting privileges.
by a majority vote of those voting at the election and serves a two-year term beginning July 1.
(ii) Only parents or guardians of students attending the school may vote at the election under
(iii) A parent or guardian of a student qualifies to be a candidate for election to a school
community council if at any time during the parent's or guardian's initial term of office, the student
will be enrolled at the school.
(iv) Any parent or guardian of a student who meets the qualifications of this section may file
or declare himself as a candidate for election to a school community council.
shall be given at least two weeks prior to the elections.
(d) Results of the elections held under Subsections (4)(a) and (4)(b) shall be made available
to the public upon request.
(e) (i) If a parent or guardian position on a school community council remains unfilled after
an election is held, the other parent and guardian members of the council shall appoint a parent or
guardian who meets the qualifications of this section to fill the position.
(ii) If an employee position on a school community council remains unfilled after an election
is held, the other employee members of the council shall appoint an employee to fill the position.
(iii) The chair of the community council shall notify the local school board of each
appointment made pursuant to Subsections (4)(e)(i) or (ii).
(iv) A member appointed to a school community council pursuant to Subsection (4)(e)(i) or
(ii) shall serve a two-year term beginning July 1.
(f) Initial terms shall be staggered so that no more than 50% of the council members stand
for election in any one year.
(g) Council members may serve up to three successive terms.
(h) (i) Each school community council shall elect a chair and vice chair from its parent or
guardian members and elected employee members.
(ii) No more than one parent or guardian member or elected employee member may at the
same time serve as an officer specified in Subsection (4)(h)(i).
(5) (a) A school community council may create subcommittees or task forces to:
(i) advise or make recommendations to the council; or
(ii) develop all or part of a plan listed in Subsection (2).
(b) Any plan or part of a plan developed by a subcommittee or task force shall be subject to
the approval of the school community council.
(c) A school community council may appoint individuals who are not council members to
serve on a subcommittee or task force, including parents, school employees, or other community
Section 4. Section 53A-1a-108.5 is enacted to read:
53A-1a-108.5. School improvement plan.
(1) (a) Each school community council shall annually evaluate the school's U-PASS test
results and use the evaluations in developing a school improvement plan.
(b) In evaluating U-PASS test results and developing a school improvement plan, a school
community council may not have access to data that reveal the identity of students.
(2) Each school improvement plan shall:
(a) identify the school's most critical academic needs;
(b) recommend a course of action to meet the identified needs;
(c) list any programs, practices, materials, or equipment that the school will need to
implement its action plan to have a direct impact on the instruction of students and result in
measurable increased student performance; and
(d) describe how the school intends to enhance or improve academic achievement, including
how financial resources available to the school, such as School LAND Trust Program monies
received under Section 53A-16-101.5 and state and federal grants, will be used to enhance or
improve academic achievement.
(3) The school improvement plan shall focus on the school's most critical academic needs
but may include other actions to enhance or improve academic achievement and community
environment for students.
(4) The school principal shall make available to the school community council the school
budget and other data needed to develop the school improvement plan.
(5) The school improvement plan shall be subject to the approval of the local school board
of the school district in which the school is located.
(6) A school community council may develop a multiyear school improvement plan, but the
plan must be presented to and approved annually by the local school board.
(7) Each school shall:
(a) implement the school improvement plan as developed by the school community council
and approved by the local school board;
(b) provide ongoing support for the council's plan; and
(c) meet local school board reporting requirements regarding performance and
Section 5. Section 53A-3-402 is amended to read:
53A-3-402. Powers and duties generally.
(1) Local school boards shall spend minimum school program funds for programs and
activities for which the State Board of Education has established minimum standards or rules under
Section 53A-1-402 .
(2) (a) A board may purchase, sell, and make improvements on school sites, buildings, and
equipment and construct, erect, and furnish school buildings.
(b) School sites or buildings may only be conveyed or sold on board resolution affirmed by
at least two-thirds of the members.
(3) (a) A board may participate in the joint construction or operation of a school attended
by children residing within the district and children residing in other districts either within or outside
(b) Any agreement for the joint operation or construction of a school shall:
(i) be signed by the president of the board of each participating district;
(ii) include a mutually agreed upon pro rata cost; and
(iii) be filed with the State Board of Education.
(4) A board may establish, locate, and maintain elementary, secondary, and vocational
(5) A board may enroll children in school who are at least five years of age before September
2 of the year in which admission is sought.
(6) A board may establish and support school libraries.
(7) A board may collect damages for the loss, injury, or destruction of school property.
(8) A board may authorize guidance and counseling services for children and their parents
or guardians prior to, during, or following enrollment of the children in schools.
(9) (a) A board may apply for, receive, and administer funds made available through
programs of the federal government.
(b) Federal funds are not considered funds within the school district budget under Title 53A,
Chapter 19, School District Budgets.
(c) Federal funds may only be expended for the purposes for which they are received and are
accounted for by the board.
(10) (a) A board may organize school safety patrols and adopt rules under which the patrols
promote student safety.
(b) A student appointed to a safety patrol shall be at least ten years old and have written
parental consent for the appointment.
(c) Safety patrol members may not direct vehicular traffic or be stationed in a portion of a
highway intended for vehicular traffic use.
(d) Liability may not attach to a school district, its employees, officers, or agents or to a
safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting the
program by virtue of the organization, maintenance, or operation of a school safety patrol.
(11) (a) A board may on its own behalf, or on behalf of an educational institution for which
the board is the direct governing body, accept private grants, loans, gifts, endowments, devises, or
bequests that are made for educational purposes.
(b) These contributions are not subject to appropriation by the Legislature.
(12) (a) A board may appoint and fix the compensation of a compliance officer to issue
citations for violations of Subsection 76-10-105 (2).
(b) A person may not be appointed to serve as a compliance officer without the person's
(c) A teacher or student may not be appointed as a compliance officer.
(13) A board shall adopt bylaws and rules for its own procedures.
(14) (a) A board shall make and enforce rules necessary for the control and management of
the district schools.
(b) All board rules and policies shall be in writing, filed, and referenced for public access.
(15) A board may hold school on legal holidays other than Sundays.
(16) (a) Each board shall establish for each school year a school traffic safety committee to
implement this Subsection (16).
(b) The committee shall be composed of one representative of:
(i) the schools within the district;
(ii) the Parent Teachers' Association of the schools within the district;
(iii) the municipality or county;
(iv) state or local law enforcement; and
(v) state or local traffic safety engineering.
(c) The committee shall:
(i) receive suggestions from parents, teachers, and others and recommend school traffic
safety improvements, boundary changes to enhance safety, and school traffic safety program
(ii) review and submit annually to the Department of Transportation and affected
municipalities and counties a child access routing plan for each elementary, middle, and junior high
school within the district;
(iii) consult the Utah Safety Council and the Division of Family Health Services and provide
training to all school children in kindergarten through grade six, within the district, on school
crossing safety and use; and
(iv) help ensure the district's compliance with rules made by the Department of
Transportation under Section 41-6-20.1 .
(d) The committee may establish subcommittees as needed to assist in accomplishing its
duties under Subsection (16)(c).
(e) The board shall require the school community council of each elementary, middle, and
junior high school within the district to develop and submit annually to the committee a child access
(17) (a) Each school board shall adopt and implement a comprehensive emergency response
plan to prevent and combat violence in its public schools, on school grounds, on its school vehicles,
and in connection with school-related activities or events.
(b) The board shall implement its plan by July 1, 2000.
(c) The plan shall:
(i) include prevention, intervention, and response components;
(ii) be consistent with the student conduct and discipline polices required for school districts
under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
(iii) require inservice training for all district and school building staff on what their roles are
in the emergency response plan; and
(iv) provide for coordination with local law enforcement and other public safety
representatives in preventing, intervening, and responding to violence in the areas and activities
referred to in Subsection (17)(a).
(d) The State Board of Education, through the state superintendent of public instruction,
shall develop comprehensive emergency response plan models that local school boards may use,
where appropriate, to comply with Subsection (17)(a).
(e) Each local school board shall, by July 1 of each year, certify to the State Board of
Education that its plan has been practiced at the school level and presented to and reviewed by its
teachers, administrators, students, and their parents and local law enforcement and public safety
(18) A board shall do all other things necessary for the maintenance, prosperity, and success
of the schools and the promotion of education.
Section 6. Section 53A-3-701 is amended to read:
53A-3-701. School and school district professional development plans.
(1) (a) Each public school and school district shall develop and implement a systematic,
comprehensive, and long-term plan for staff professional development.
(b) Each school shall use its school community council, school directors, or a subcommittee
(2) Each plan shall include the following components:
(a) an alignment of professional development activities at the school and school district level
(i) the school improvement plan under Section 53A-1a-108.5 ;
1, Part 6, Achievement Tests;
Educational Technology Programs;
Professional Practices Act;
(b) provision for the development of internal instructional leadership and support;
(c) the periodic presence of all stakeholders at the same time in the professional development
process, to include administrators, educators, support staff, parents, and students;
(d) provisions for the use of consultants to enhance and evaluators to assess the effectiveness
of the plan as implemented; and
(e) the time required for and the anticipated costs of implementing and maintaining the plan.
(3) (a) Each local school board shall review and either approve or recommend modifications
for each school plan within its district so that each school's plan is compatible with the district plan.
(b) The board shall:
(i) provide positive and meaningful assistance to a school, if requested by its community
council or school directors, in drafting and implementing its plan; and
(ii) monitor the progress of each school plan and hold each school accountable for meeting
the objectives of its plan.
(4) (a) The State Board of Education, through the superintendent of public instruction, shall
work with school districts to identify the resources required to implement and maintain each school's
and school district's professional development plan required under this section.
(b) (i) The state board shall make an annual budget recommendation to the Legislature for
state funding of professional development plans under this section.
(ii) The recommendation shall take into account:
(A) monies that could be used for professional development from the programs listed in
Subsection (2)(a); and
(B) the professional development block grant program authorized under the Minimum
School Program Act.
(5) (a) For the fiscal year beginning July 1, 2001, school districts shall use $10,000,000 of
the school professional development appropriation made in Section 53A-17a-124 , for teacher
professional development days beyond the regular school year as follows:
(i) each school district shall use its allocation for teacher professional development related
to implementing and maintaining the Utah Performance Assessment System for Students and may
use such training models as Schools for All and Urban Learning Centers in its professional
development program; and
(ii) monies for these two additional days shall be allocated to a school district without
requiring matching monies.
(b) For the fiscal year beginning July 1, 2002, the Legislature shall increase the funding for
teacher professional development under Section 53A-17a-124 and Subsection (5)(a) to provide for
a total of three days of teacher professional development related to implementing and maintaining
the Utah Performance Assessment System for Students.
(c) Schools are urged to collaborate with one another in the implementation of the teacher
development program under Subsection (5)(a) to maximize the effectiveness of the appropriation.
(d) It is the intent of the Legislature that of the $10,000,000 allocated to school districts for
additional days $42,305 shall be allocated to the Utah Schools for the Deaf and the Blind per day for
each additional day funded.
Section 7. Section 53A-16-101.5 is amended to read:
53A-16-101.5. School LAND Trust Program -- Contents -- Purpose -- Distribution of
funds -- School plans for use of funds.
Trust Program for the state's public schools to provide financial resources to enhance [
achievement and implement a component of the school improvement plan.
(2) The program shall be funded from that portion of the Uniform School Fund consisting
of all the interest and dividends on the State School Fund remaining after the deduction of the
amount retained in the State School Fund to protect the fund against losses due to inflation as
prescribed by the Utah Constitution Article X, Section 5.
(3) (a) The State Board of Education shall allocate all the monies referred to in Subsection
(2) annually for the fiscal year beginning July 1, 2000, and for each fiscal year thereafter as follows:
(i) school districts shall receive 10% of the funds on an equal basis; and
(ii) the remaining 90% of the funds shall be distributed on a per student basis, with each
district receiving its allocation on the number of students in the district as compared to the state total.
(b) Each school district shall distribute its allocation under Subsection (3)(a) to each school
within the district on an equal per student basis.
(c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
board may make rules regarding the time and manner in which the student count shall be made for
allocation of the monies.
(4) In order to receive its allocation under Subsection (3), [
established a [
(5) (a) The school community council or its subcommittee shall develop a [
improvement plan, including:
(i) the school's identified most critical academic needs;
(ii) a recommended course of action to meet the identified academic needs;
(iii) a specific listing of any programs, practices, materials, or equipment which the school
will need to implement a component of its [
on the instruction of students and result in measurable increased student performance; and
(iv) how the school intends to spend its allocation of funds under this section to enhance or
improve academic excellence at the school.
(b) The school may develop a multiyear [
be presented and approved by the school community council and the local school board of the district
in which the school is located annually and as a prerequisite to receiving program funds allocated
under this section.
(6) (a) Each school shall:
(i) implement the [
(ii) provide ongoing support for the council's or its subcommittee's [
(iii) meet school board reporting requirements regarding financial and performance
accountability of the program; and
(iv) publicize to its patrons and the general public on how the funds it received under this
section were used to enhance or improve academic excellence at the school and implement a
component of the school's improvement plan, including the results of those efforts.
(b) (i) Each school through its council or its subcommittee shall prepare and present an
annual report of the program to its local school board at the end of the school year.
(ii) The report shall detail the use of program funds received by the school under this section
and an assessment of the results obtained from the use of the funds.
Section 8. Effective date.
This act takes effect on July 1, 2002.
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