Download Zipped Enrolled WP 9 SB0154.ZIP
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S.B. 154 Enrolled
This act modifies the State System of Public Education Code and the Election Code
relating to the governance and funding of the public education system, the core academic
skills, assessment and accountability, and school choice. This act modifies the
membership of and the qualifications used by the nominating committee to select
candidates for membership on the State Board of Education. This act expands local
school board membership for certain local school boards. This act expands the state
superintendent of public instruction's annual report. This act requires the core
curriculum to increase in depth and complexity from year to year and focus on consistent
and continual progress in the core academic areas of English and mathematics. This act
modifies the membership of the education evaluation program district joint committees.
This act provides an emphasis on competency-based education and progress-based
assessments as a characteristic of the public education system. This act allows local
boards of education to hire a superintendent and other administrators with outstanding
professional qualifications who do not hold an administrative/supervisory license. This
act prohibits a local school board from entering into a collective bargaining agreement
that prohibits or limits individual contracts of employment. This act allows teacher
licenses to be awarded based on the demonstrated competence of the teacher. This act
makes teachers with competency-based licenses at-will employees who are ineligible for
career employee status. This act increases curriculum and graduation requirements for
grades 9 through 12 in language arts, mathematics, and science. This act requires the
State Board of Education to study, make recommendations, and report to the Education
Interim Committee on an enumerated list of strategies to improve public education. This
act appropriates $150,000, for fiscal year 2002-03 only, to the Office of Legislative
Research and General Counsel to allow the Education Interim Committee to issue a
specified request for proposals. This act requires the Public Education Appropriations
Subcommittee to study and report on specified funding issues. This act requires the State
Board of Regents to study and report on specified issues. This act authorizes additional
legislative committee meetings during the 2003 interim and appropriates $24,500 from the
General Fund, for fiscal year 2002-03 only, to cover the additional meeting expenses. This
act appropriates $1,800,000 from the Uniform School Fund, for the fiscal year beginning on
July 1, 2003, to the State Board of Education to begin implementing competency-based
education processes. This act authorizes a State Education Summit Meeting, requires
certain reports for the summit, enumerates its participants, and specifies its purpose. This
act makes technical corrections.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
20A-14-104, as last amended by Chapter 184, Laws of Utah 1997
20A-14-105, as enacted by Chapter 1, Laws of Utah 1995
20A-14-202, as last amended by Chapter 331, Laws of Utah 2000
53A-1-301, as last amended by Chapter 244, Laws of Utah 2002
53A-1-402.6, as last amended by Chapters 299 and 324, Laws of Utah 2002
53A-1a-104, as last amended by Chapter 86, Laws of Utah 2001
53A-3-301, as last amended by Chapter 331, Laws of Utah 2000
53A-3-402, as last amended by Chapters 322 and 324, Laws of Utah 2002
53A-3-403, as last amended by Chapter 53, Laws of Utah 1992
53A-3-404, as last amended by Chapter 297, Laws of Utah 2001
53A-3-411, as enacted by Chapter 2, Laws of Utah 1988
53A-6-103, as last amended by Chapter 253, Laws of Utah 2002
53A-6-104, as last amended by Chapter 41, Laws of Utah 2002
53A-6-502, as enacted by Chapter 108, Laws of Utah 1999
53A-8-106, as repealed and reenacted by Chapter 324, Laws of Utah 1999
53A-10-103, as last amended by Chapter 78, Laws of Utah 1990
ENACTS:
53A-1-409, Utah Code Annotated 1953
53A-6-104.5, Utah Code Annotated 1953
53A-6-110, Utah Code Annotated 1953
53A-13-108, Utah Code Annotated 1953
This act enacts uncodified material.
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 20A-14-104 is amended to read:
20A-14-104. Becoming a candidate for membership on the State Board of
Education -- Nominating and recruiting committee -- Membership -- Procedure -- Duties.
(1) (a) Persons interested in becoming a candidate for the State Board of Education shall
file a declaration of candidacy according to the procedures and requirements of Sections
20A-9-201 and 20A-9-202 .
(b) By [
expires, the lieutenant governor shall submit the name of each person who has filed a declaration
of candidacy for the State Board of Education to the nominating and recruiting committee for the
State Board of Education [
(2) (a) By [
and recruiting committee consisting of [
term, [
(i) one member appointed by the governing board of the Utah Farm Bureau;
(ii) one member appointed by the governing board of the Utah Manufacturer's
Association;
(iii) one member appointed by the governing board of the Utah Taxpayers Association;
(iv) one member appointed by the governing board of the Utah State Chamber of
Commerce;
(v) one member jointly appointed by the governing boards of the Utah Food Industry
Association and Utah Retail Merchants Association;
(vi) one member appointed by the governing board of the American Federation of
Teachers/Utah;
(vii) one member appointed by the governing board of the Utah Education Association;
(viii) one member appointed by the governing board of the Utah Parent Teacher
Association;
(ix) one member appointed by the governing board of the Utah School Boards
Association;
(x) one member appointed by the governing board of the Utah School Superintendents
Association; and
(xi) one at large member appointed by the governor.
[
[
[
[
[
[
[
[
committee.
(3) (a) The chair, or another member of the committee designated by the chair, shall
schedule and convene all committee meetings.
(b) Any formal action by the committee requires the approval of [
of committee members.
(c) Members of the nominating and recruiting committee shall serve without
compensation, but they may be reimbursed for expenses incurred in the performance of their
official duties as established by the Division of Finance.
(4) [
(a) recruit potential candidates for membership on the State Board of Education prior to
the deadline to file a declaration of candidacy;
[
[
qualifications under Subsection (5);
[
each state board position to the governor by [
[
candidate.
(5) The nominating committee shall select a broad variety of candidates who possess
outstanding professional qualifications relating to the powers and duties of the State Board of
Education, including experience in the following areas:
(a) business and industry administration;
(b) business and industry human resource management;
(c) business and industry finance;
(d) business and industry, including expertise in:
(i) metrics and evaluation;
(ii) manufacturing;
(iii) retailing;
(iv) natural resources;
(v) information technology;
(vi) construction;
(vii) banking;
(viii) science and engineering; and
(ix) medical and healthcare;
(e) higher education administration;
(f) applied technology education;
(g) public education administration;
(h) public education instruction;
(i) economic development;
(j) labor; and
(k) other life experiences that would benefit the State Board of Education.
Section 2. Section 20A-14-105 is amended to read:
20A-14-105. Becoming a candidate for membership on the State Board of
Education -- Selection of candidates by the governor -- Ballot placement.
(1) By [
(a) for each state board district subject to election in that year, select two candidates for
the State Board of Education from the lists submitted by the state board district nominating
[
(b) certify the names of the two candidates from each school board district to the
lieutenant governor.
(2) If the governor fails to select two candidates for a state board district by September 1,
the nominating and recruiting committee [
(a) select the two candidates; and
(b) notify the lieutenant governor of its selections by September 15.
(3) The lieutenant governor shall:
(a) conduct a lottery to determine the order of the candidates' names on the ballot; and
(b) certify the names and order of the names to the county clerks for placement on the
nonpartisan section of the ballot.
Section 3. Section 20A-14-202 is amended to read:
20A-14-202. Local Boards of Education -- Membership -- When elected --
Qualifications -- Avoiding conflicts of interest.
(1) (a) [
district with a student population of up to 24,000 students shall consist of five members.
(b) The board of education of a school district with a student population of more than
10,000 students but fewer than 24,000 students shall increase from five to seven members
beginning with the [
(c) The board of education of a school district with a student population of 24,000 or
more students shall consist of seven members.
[
districts to the State Office of Education.
[
Subsection (1)(b), the board shall be reapportioned and elections conducted as provided in
Sections 20A-14-201 and 20A-14-203 .
[
maintain a seven-member board regardless of subsequent changes in student population.
[
election.
(ii) Except as provided in Subsection (1)[
local board of education may be elected to a five-member board, nor more than four members
elected to a seven-member board, in any election year.
(iii) More than three members of a local board of education may be elected to a
five-member board and more than four members elected to a seven-member board in any election
year only when required by reapportionment or to fill a vacancy or to implement Subsection
(1)(b).
[
school board district.
(2) A member of a local school board shall:
(a) be and remain a registered voter in the local school board district from which the
member is elected or appointed; and
(b) maintain his primary residence within the local school board district from which the
member is elected or appointed.
(3) A member of a local school board may not, during the member's term in office, also
serve as an employee of that board.
Section 4. Section 53A-1-301 is amended to read:
53A-1-301. Appointment -- Qualifications -- Duties.
(1) (a) The State Board of Education shall appoint a superintendent of public instruction,
hereinafter called the state superintendent, who is the executive officer of the board and serves at
the pleasure of the board.
(b) The board shall appoint the state superintendent on the basis of outstanding
professional qualifications.
(c) The state superintendent shall administer all programs assigned to the State Board of
Education in accordance with the policies and the standards established by the board.
(2) The superintendent shall develop a statewide education strategy focusing on core
academics, including the development of:
(a) core curriculum and graduation requirements;
(b) a process to select instructional materials that best correlate to the core curriculum
and graduation requirements that are supported by generally accepted scientific standards of
evidence;
(c) professional development programs for teachers, superintendents, and principals;
(d) remediation programs;
(e) a method for creating individual student learning targets, and a method of measuring
an individual student's performance toward those targets;
(f) progress-based assessments for ongoing performance evaluations of districts and
schools;
(g) incentives to achieve the desired outcome of individual student progress in core
academics, and which do not create disincentives for setting high goals for the students;
(h) an annual report card for school and district performance, measuring learning and
reporting progress-based assessments;
(i) a systematic method to encourage innovation in schools and school districts as they
strive to achieve improvement in their performance; and
(j) a method for identifying and sharing best demonstrated practices across districts and
schools.
[
following:
(a) investigating all matters pertaining to the public schools;
(b) adopting and keeping an official seal to authenticate the superintendent's official acts;
(c) holding and conducting meetings, seminars, and conferences on educational topics;
(d) presenting to the governor and the Legislature each December a report of the public
school system for the preceding year to include:
(i) data on the general condition of the schools with recommendations considered
desirable for specific programs;
(ii) a complete statement of fund balances;
(iii) a complete statement of revenues by fund and source;
(iv) a complete statement of adjusted expenditures by fund, the status of bonded
indebtedness, the cost of new school plants, and school levies;
(v) a complete statement of state funds allocated to each of the state's 40 school districts
by source, including supplemental appropriations, and a complete statement of expenditures by
each district, including supplemental appropriations, by function and object as outlined in the
U.S. Department of Education publication "Financial Accounting for Local and State School
Systems";
(vi) a statement that includes such items as fall enrollments, average membership, high
school graduates, licensed and classified employees, pupil-teacher ratios, average salaries,
applicable private school data, and data from standardized norm-referenced tests in grades 5, 8,
and 11 on each school and district;
(vii) statistical information regarding incidents of delinquent activity in the schools or at
school-related activities with separate categories for:
(A) alcohol and drug abuse;
(B) weapon possession;
(C) assaults; and
(D) arson; [
(viii) information about:
(A) the development and implementation of the strategy of focusing on core academics;
(B) the development and implementation of competency-based education and
progress-based assessments; and
(C) the results being achieved under Subsections (3)(d)(viii)(A) and (B), as measured by
individual progress-based assessments and the comparison of Utah Students' progress with the
progress of students in other states using standardized norm-referenced tests as benchmarks; and
[
superintendent considers pertinent;
(e) collecting and organizing education data into an automated decision support system
to facilitate school district and school improvement planning, accountability reporting and
performance recognition, and the evaluation of educational policy and program effectiveness to
include:
(i) data that are:
(A) comparable across schools and school districts;
(B) appropriate for use in longitudinal studies; and
(C) comprehensive with regard to the data elements required under applicable state or
federal law or state board rule;
(ii) features that enable users, most particularly school administrators, teachers, and
parents, to:
(A) retrieve school and school district level data electronically;
(B) interpret the data visually; and
(C) draw conclusions that are statistically valid; and
(iii) procedures for the collection and management of education data that:
(A) require the state superintendent of public instruction to:
(I) collaborate with school districts in designing and implementing uniform data
standards and definitions;
(II) undertake or sponsor research to implement improved methods for analyzing
education data;
(III) provide for data security to prevent unauthorized access to or contamination of the
data; and
(IV) protect the confidentiality of data under state and federal privacy laws; and
(B) require all school districts to comply with the data collection and management
procedures established under Subsection [
(f) with the approval of the board, preparing and submitting to the governor a budget for
the board to be included in the budget that the governor submits to the Legislature.
[
books, records, documents, maps, reports, papers, and other articles pertaining to his office.
Section 5. Section 53A-1-402.6 is amended to read:
53A-1-402.6. Core curriculum.
(1) In establishing minimum standards related to curriculum and instruction requirements
under Section 53A-1-402 , the State Board of Education shall, in consultation with local school
boards, school superintendents, teachers, employers, and parents [
implement a core curriculum[
(a) communicate effectively, both verbally and through written communication;
(b) apply mathematics; and
(c) access, analyze, and apply information.
(2) The board shall:
(a) [
competencies each student is expected to acquire or master as the student advances through the
public education system; and
(b) align the core curriculum and tests administered under the Utah Performance
Assessment System for Students (U-PASS) with each other.
(3) The basic knowledge, skills, and competencies identified pursuant to Subsection
(2)(a) shall increase in depth and complexity from year to year and focus on consistent and
continual progress within and between grade levels and courses in the core academic areas of:
(a) English, including explicit phonics, spelling, grammar, reading, writing, vocabulary,
speech, and listening; and
(b) mathematics, including basic computational skills.
[
generally accepted scientific standards of evidence, to focus on the core curriculum with the
expectation that each program will enhance or help achieve mastery of the core curriculum.
[
materials and methods of teaching, that are supported by generally accepted scientific standards
of evidence, that it considers most appropriate to meet core curriculum objectives.
Section 6. Section 53A-1-409 is enacted to read:
53A-1-409. Competency-based education -- Recommendations -- Coordination.
The State Board of Education shall:
(1) provide expertise to and consult with local school boards and school districts relating
to competency-based education and progress-based assessments;
(2) make recommendations to the Public Education Appropriations Subcommittee,
including the amount and allocation of public education monies, based upon both new public
education monies and the reallocation of monies required to develop and implement:
(a) progress-based assessments;
(b) a weighted competency unit that distributes public education monies based on student
achievement resulting from competency-based program objectives, strategies, and standards;
(c) a plan to assist students, teachers, schools, and districts that need remediation based
upon Subsections (2)(a) and (b);
(d) the reallocation of teaching resources from noncore electives into grades 1-3, 7-12
math, and 7-12 English; and
(e) a teacher development program focused on achieving progress in core academics.
Section 7. Section 53A-1a-104 is amended to read:
53A-1a-104. Characteristics of public education system.
The Legislature shall assist in maintaining a public education system that has the
following characteristics:
(1) assumes that all students have the ability to learn and that each student departing the
system will be prepared to achieve success in productive employment, further education, or both;
(2) provides a personalized education plan or personalized education occupation plan for
each student, which involves the student, the student's parent or guardian, and school personnel
in establishing the plan;
(3) provides students with the knowledge and skills to take responsibility for their
decisions and to make appropriate choices;
(4) provides opportunities for students to exhibit the capacity to learn, think, reason, and
work effectively, individually and in groups;
(5) offers a world-class core curriculum that enables students to successfully compete in
a global society, and to succeed as citizens of a constitutional republic;
(6) incorporates an information retrieval system that provides students, parents, and
educators with reliable, useful, and timely data on the progress of each student;
(7) attracts, prepares, inducts, and retains excellent teachers for every classroom in large
part through collaborative efforts among the State Board of Education, the State Board of
Regents, and school districts, provides effective ongoing professional development opportunities
for teachers to improve their teaching skills, and provides recognition, rewards, and
compensation for their excellence;
(8) empowers each school district and public school to create its own vision and plan to
achieve results consistent with the objectives outlined in this chapter;
(9) uses technology to improve teaching and learning processes and for the delivery of
educational services;
(10) promotes ongoing research and development projects at the district and the school
level that are directed at improving or enhancing public education;
(11) offers a public school choice program, which gives students and their parents
options to best meet the student's personalized education needs; [
(12) emphasizes the involvement of educators, parents, business partnerships, and the
community at large in the educational process by allowing them to be involved in establishing
and implementing educational goals and participating in decision-making at the school site[
and
(13) emphasizes competency-based standards and progress-based assessments, including
tracking and measurement systems.
Section 8. Section 53A-3-301 is amended to read:
53A-3-301. Superintendent of schools -- Appointment -- Qualifications -- Term --
Compensation.
(1) A local school board shall appoint a district superintendent of schools who serves as
the board's chief executive officer.
(2) (a) The board shall appoint the superintendent on the basis of outstanding
professional qualifications.
(b) The superintendent's term of office is for two years and until a successor is appointed
and qualified.
(3) If it becomes necessary to appoint an interim superintendent due to a vacancy in the
office of superintendent, then the board shall make an appointment during a public meeting for
an indefinite term not to exceed one year, which term shall end upon the appointment and
qualification of a new superintendent.
(4) (a) The superintendent shall hold an administrative/supervisory license issued by the
State Board of Education, except as otherwise provided in Subsection (4)(b).
(b) A local board of education may request, and the State Board of Education [
grant, a letter of authorization permitting a person with outstanding professional qualifications to
serve as superintendent without holding an administrative/supervisory license [
(5) The board shall set the superintendent's compensation for services.
(6) The superintendent qualifies for office by taking the constitutional oath of office.
Section 9. Section 53A-3-402 is amended to read:
53A-3-402. Powers and duties generally.
(1) Each local school board shall:
(a) implement the core curriculum utilizing instructional materials that best correlate to
the core curriculum and graduation requirements;
(b) administer tests, required by the State Board of Education, which measure the
progress of each student, and coordinate with the state superintendent and State Board of
Education to assess results and create plans to improve the student's progress which shall be
submitted to the State Office of Education for approval;
(c) use progress-based assessments as part of a plan to identify schools, teachers, and
students that need remediation and determine the type and amount of federal, state, and local
resources to implement remediation;
(d) develop early warning systems for students or classes failing to make progress;
(e) work with the State Office of Education to establish a library of documented best
practices, consistent with state and federal regulations, for use by the local districts; and
(f) implement training programs for school administrators, including basic management
training, best practices in instructional methods, budget training, staff management, managing for
learning results and continuous improvement, and how to help every child achieve optimal
learning in core academics.
[
and activities for which the State Board of Education has established minimum standards or rules
under Section 53A-1-402 .
[
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.
[
attended by children residing within the district and children residing in other districts either
within or outside the state.
(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.
[
technology schools.
[
September 2 of the year in which admission is sought.
[
[
property.
[
parents or guardians prior to, during, or following enrollment of the children in schools.
[
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.
(d) A program created with or expanded by federal funds may be reduced to the extent
allowed by law when federal funds for that program are subsequently reduced or eliminated.
[
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.
[
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.
[
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
consent.
(c) A teacher or student may not be appointed as a compliance officer.
[
[
management of the district schools.
(b) All board rules and policies shall be in writing, filed, and referenced for public
access.
[
[
committee to implement this Subsection [
(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
measures;
(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 [
(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 routing plan.
[
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 [
(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 [
(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
representatives.
[
treatment of sports-related injuries that occur during school sports practices and events.
(b) The plan may be implemented by each secondary school in the district that has a
sports program for students.
(c) The plan may:
(i) include emergency personnel, emergency communication, and emergency equipment
components;
(ii) require inservice training on the emergency response plan for school personnel who
are involved in sports programs in the district's secondary schools; and
(iii) provide for coordination with individuals and agency representatives who:
(A) are not employees of the school district; and
(B) would be involved in providing emergency services to students injured while
participating in sports events.
(d) The board, in collaboration with the schools referred to in Subsection [
may review the plan each year and make revisions when required to improve or enhance the plan.
(e) The State Board of Education, through the state superintendent of public instruction,
shall provide local school boards with an emergency plan response model that local boards may
use to comply with the requirements of this Subsection [
[
and success of the schools and the promotion of education.
Section 10. Section 53A-3-403 is amended to read:
53A-3-403. School district fiscal year -- Statistical reports.
(1) A school district's fiscal year begins on July 1 and ends on June 30.
(2) (a) The district shall forward statistical reports for the preceding school year,
containing items required by law or by the State Board of Education, to the state superintendent
not later than November 1 of each year.
(b) The reports shall include information to enable the state superintendent to complete
the statement required under Subsection 53A-1-301 [
(3) The district shall forward the opinion on the statistical report of the auditors
employed under Section 51-2-1 to the state superintendent not later than October 15 of each year.
(4) The district shall include the following information in its report:
(a) a summary of the number of students in the district given fee waivers, the number of
students who worked in lieu of a waiver, and the total dollar value of student fees waived by the
district;
(b) a copy of the district's fee and fee waiver policy;
(c) a copy of the district's fee schedule for students; and
(d) notices of fee waivers provided to a parent or guardian of a student.
Section 11. Section 53A-3-404 is amended to read:
53A-3-404. Annual financial report -- Audit report.
(1) The annual financial report of each school district, containing items required by law
or by the State Board of Education and attested to by independent auditors, shall be prepared as
required by Section 51-2-1 .
(2) The auditors employed under Section 51-2-1 shall complete their field work in
sufficient time to allow them to verify necessary audit adjustments included in the annual
financial report to the state superintendent.
(3) (a) (i) The district shall forward the annual financial report to the state superintendent
not later than October 1.
(ii) The report shall include information to enable the state superintendent to complete
the statement required under Subsection 53A-1-301 [
(b) (i) The State Board of Education shall publish electronically a copy of the report on
the Internet not later than December 15.
(ii) The report may be combined with the report required to be published under
Subsection 53A-3-416 (3)(b).
(4) The completed audit report shall be delivered to the school district board of education
and the state superintendent of public instruction not later than November 30 of each year.
Section 12. Section 53A-3-411 is amended to read:
53A-3-411. Employment of school personnel -- Length of contract -- Termination
for cause -- Individual contract of employment.
(1) A local school board may enter into a written employment contract for a term not to
exceed five years.
(2) Nothing in the terms of the contract shall restrict the power of a local school board to
terminate the contract for cause at any time.
(3) (a) A local school board may not enter into a collective bargaining agreement that
prohibits or limits individual contracts of employment.
(b) Subsection (3)(a) does not apply to an agreement that was entered into before May 5,
2003.
Section 13. Section 53A-6-103 is amended to read:
53A-6-103. Definitions.
As used in this chapter:
(1) "Accredited institution" means an institution meeting the requirements of Section
53A-6-107 .
(2) (a) "Alternative preparation program" means preparation for licensure in accordance
with applicable law and rule through other than an approved preparation program.
(b) "Alternative preparation program" includes the competency-based licensing program
described in Section 53A-6-104.5 .
(3) "Ancillary requirement" means a requirement established by law or rule in addition to
completion of an approved preparation program or alternative education program or
establishment of eligibility under the NASDTEC Interstate Contract, and may include any of the
following:
(a) minimum grade point average;
(b) standardized testing or assessment;
(c) mentoring;
(d) recency of professional preparation or experience;
(e) graduation from an accredited institution; or
(f) evidence relating to moral, ethical, physical, or mental fitness.
(4) "Approved preparation program" means a program for preparation of educational
personnel offered through an accredited institution in Utah or in a state which is a party to a
contract with Utah under the NASDTEC Interstate Contract and which, at the time the program
was completed by the applicant:
(a) was approved by the governmental agency responsible for licensure of educators in
the state in which the program was provided;
(b) satisfied requirements for licensure in the state in which the program was provided;
(c) required completion of a baccalaureate; and
(d) included a supervised field experience.
(5) "Board" means the Utah State Board of Education.
(6) "Certificate" means a license issued by a governmental jurisdiction outside the state.
(7) "Core academic subjects" means English, reading or language arts, mathematics,
science, foreign languages, civics and government, economics, arts, history, and geography.
[
(a) a person who holds a license;
(b) a teacher, counselor, administrator, librarian, or other person required, under rules of
the board, to hold a license; or
(c) a person who is the subject of an allegation which has been received by the board or
UPPAC and was, at the time noted in the allegation, a license holder or a person employed in a
position requiring licensure.
[
of practice to which the license applies.
[
to serve in a professional capacity in the public schools. The [
(a) "letter of authorization," which is:
(i) a temporary license issued to a person who has not completed requirements for a
competency-based, or level 1, 2, or 3 license, such as:
(A) a student teacher [
(B) a person participating in an alternative preparation program; or
(ii) a license issued, pursuant to board rules, to a person who has achieved eminence, or
has outstanding qualifications, in a field taught in public schools;
(b) "competency-based license" which is issued to a teacher based on the teacher's
demonstrated teaching skills and abilities;
[
preparation program or an alternative preparation program, or pursuant to an agreement under the
NASDTEC Interstate Contract, to candidates who have also met all ancillary requirements
established by law or rule;
[
for a level 1 license as well as any additional requirements established by law or rule relating to
professional preparation or experience; and
[
Utah level 2 license and has also received, in the educator's field of practice, National Board
certification or a doctorate from an accredited institution.
[
Education and Certification.
[
Chapter 6, Part 2, Compact for Interstate Qualification of Educational Personnel, which is
administered through NASDTEC.
[
National Board for Professional Teaching Standards.
[
existent small school in accordance with Section 53A-17a-109 .
[
[
Chapter 46a, Utah Administrative Rulemaking Act.
[
to a minor child.
[
5,000 students.
[
Section 14. Section 53A-6-104 is amended to read:
53A-6-104. Board licensure.
(1) (a) The board may issue licenses for educators.
(b) [
the appropriate license.
[
[
[
(2) (a) The board may by rule rank, endorse, or otherwise classify licenses and establish
the criteria for obtaining and retaining licenses.
(b)(i) The board shall make rules requiring participation in professional development
activities or compliance with a school district professional development plan as provided in
Subsection (4) in order for educators to retain their licenses.
(ii) An educator who is enrolling in a course of study at an institution within the state
system of higher education to satisfy the professional development requirements of Subsection
(2)(b)(i) is exempt from tuition, except for a semester registration fee established by the State
Board of Regents, if:
(A) the educator is enrolled on the basis of surplus space in the class after regularly
enrolled students have been assigned and admitted to the class in accordance with regular
procedures, normal teaching loads, and the institution's approved budget; and
(B) enrollments are determined by each institution under rules and guidelines established
by the State Board of Regents in accordance with findings of fact that space is available for the
educator's enrollment.
(3) [
board, or surrendered by the educator:
(a) a letter of authorization is valid for one year, or a shorter period as specified by the
board, subject to renewal by the board in accordance with board rules [
(b) a competency-based license remains valid;
[
accordance with board rules;
[
accordance with board rules; and
[
accordance with board rules.
(4) Unless suspended or revoked by the board, or surrendered by the educator, a level 1,
level 2, level 3, or competency-based license shall remain valid if:
(a) the license holder is employed by a school district that has a comprehensive program
to maintain and improve educators' skills in which performance standards, educator evaluation,
and professional development are integrated; and
(b) the license holder complies with school or school district professional development
requirements.
Section 15. Section 53A-6-104.5 is enacted to read:
53A-6-104.5. Licensing by competency.
(1) A competency-based license to teach may be issued based on the demonstrated
competence of a teacher as provided in this section.
(2) A local school board or charter school may request, and the State Board of Education
shall grant a competency-based license to a person who meets the qualifications specified in this
section and Section 53A-6-401 .
(3) A local school board or charter school may request a competency-based license if the
candidate meets the following qualifications:
(a) a license candidate who teaches one or more core academic subjects in an elementary
school shall:
(i) hold at least a bachelor's degree; and
(ii) have demonstrated, by passing a rigorous state test, subject knowledge and teaching
skills in reading, writing, mathematics, and other areas of the basic elementary school
curriculum;
(b) a license candidate who teaches one or more core academic subjects in a middle or
secondary school shall:
(i) hold at least a bachelor's degree; and
(ii) have demonstrated a high level of competency in each of the academic subjects in
which the teacher teaches by:
(A) passing a rigorous state academic subject test in each of the academic subjects in
which the teacher teaches; or
(B) successful completion, in each of the academic subjects in which the teacher teaches,
of an academic major, a graduate degree, course work equivalent to an undergraduate academic
major, or advanced certification or credentialing; or
(c) a license candidate who teaches subjects other than a core academic subject in an
elementary, middle, or high school shall:
(i) hold a bachelor's degree, associate's degree, or skill certification; and
(ii) have skills, talents, or abilities, as evaluated by the employing entity, that make the
person suited for the teaching position.
(4) A school district or charter school:
(a) shall monitor and assess the performance of each teacher holding a competency-based
license; and
(b) may recommend that the competency-based license holder's training and assessment
be reviewed by the Utah State Office of Education for a level 1 license.
Section 16. Section 53A-6-110 is enacted to read:
53A-6-110. Administrative/supervisory letters of authorization.
(1) A local school board may request, and the State Board of Education may grant, a
letter of authorization permitting a person with outstanding professional qualifications to serve in
any position that requires a person to hold an administrative/supervisory license or certificate,
including principal, assistant principal, associate principal, vice principal, assistant
superintendent, administrative assistant, director, specialist, or other district position.
(2) The State Board of Education may grant a letter of authorization permitting a person
with outstanding professional qualifications to serve in any position at the State Office of
Education that requires a person to hold an administrative/supervisory license or certificate.
Section 17. Section 53A-6-502 is amended to read:
53A-6-502. Mandatory reporting of physical or sexual abuse of students.
(1) For purposes of this section, "educator" means, in addition to a person included under
[
who at the time of an alleged offense was performing a function in a private school for which a
license would be required in a public school.
(2) In addition to any duty to report suspected cases of child abuse or neglect under
Section 62A-4a-403 , an educator who has reasonable cause to believe that a student may have
been physically or sexually abused by a school employee shall immediately report the belief and
all other relevant information to the school principal, superintendent, or to the office.
(3) A school administrator who has received a report under Subsection (2) or who
otherwise has reasonable cause to believe that a student may have been physically or sexually
abused by an educator shall immediately report that information to the office.
(4) Failure to comply with Subsection (2) or (3) shall be considered unprofessional
conduct.
(5) A person who makes a report under this section in good faith shall be immune from
civil or criminal liability that might otherwise arise by reason of that report.
Section 18. Section 53A-8-106 is amended to read:
53A-8-106. Career employee status for provisional employees.
(1) A provisional employee must work for a school district on at least a half-time basis
for three consecutive years to obtain career employee status.
(2) Policies of an employing school district shall determine the status of a career
employee in the event of the following:
(a) the employee accepts a position which is substantially different from the position in
which career status was achieved; or
(b) the employee accepts employment in another school district.
(3) If an employee who is under an order of probation or remediation in one assignment
in a school district is transferred or given a new assignment in the district, the order shall stand
until its provisions are satisfied.
(4) An employee who is given extra duty assignments in addition to a primary
assignment, such as a teacher who also serves as a coach or activity advisor, is a temporary
employee in those extra duty assignments and may not acquire career status beyond the primary
assignment.
(5) A person is an at-will employee and is not eligible for career employee status if the
person:
(a) is a teacher who holds a competency-based license pursuant to Section 53A-6-104.5
and does not hold a level 1, 2, or 3 license as defined in Section 53A-6-103 ; or
(b) holds an administrative/supervisory letter of authorization pursuant to Section
53A-6-110 .
Section 19. Section 53A-10-103 is amended to read:
53A-10-103. Establishment of educator evaluation program -- Joint committee.
(1) Each local school board shall develop an evaluation program in consultation with its
educators through appointment of a joint committee.
(2) The joint committee shall be comprised of an equal number of classroom teachers,
parents, and administrators appointed by the board.
(3) A board may appoint members of the joint committee from a list of nominees:
(a) voted on by classroom teachers in a nomination election [
(b) voted on by the administrators in a nomination election[
(c) of parents submitted by school community councils within the district.
(4) The evaluation program developed by the joint committee must comply with the
requirements of Section 53A-10-106 .
Section 20. Section 53A-13-108 is enacted to read:
53A-13-108. Curriculum and graduation requirements.
(1) The State Board of Education shall establish rigorous curriculum and graduation
requirements under Section 53A-1-402 , and consistent with state and federal regulations, for
grades 9 through 12 that, beginning no later than with the graduating class of 2007 shall:
(a) use competency-based standards and assessments;
(b) include instruction that stresses general financial literacy from basic budgeting to
financial investments, including bankruptcy education; and
(c) increase graduation requirements in language arts, mathematics, and science to
exceed the existing credit requirements of 3.0 units in language arts, 2.0 units in mathematics,
and 2.0 units in science.
(2) The State Board of Education shall also establish competency-based standards and
assessments for elective courses.
Section 21. Legislative finding -- State Board of Education study and
recommendations -- Reports.
(1) The Legislature finds that a free public education should:
(a) prepare each student for the student's choice of higher education or gainful
employment, focusing on the core academic skills of reading, writing, science, and mathematics,
balanced with exposure to the arts and applied technology which will enable students to:
(i) communicate effectively, both verbally and through written communication;
(ii) apply mathematics; and
(iii) access, analyze, and apply information; and
(b) train students in the key attributes required for successful living.
(2) In accordance with the findings described under Subsection (1), the State Board of
Education shall study and make recommendations for:
(a) aligning responsibility, authority, accountability, and funding for the State Board of
Education, state superintendent, and local school districts;
(b) an improved environment of academic achievement;
(c) implementing competency-based progress and measurement systems that allow each
student to continually progress within and between course levels at an individual optimal rate;
(d) assuring that each high school senior is progressing in challenging courses;
(e) developing, with employers, trades, professions, and the State Board of Regents
competency standards for progress or graduation;
(f) improving methods of motivating school districts to increase academic discipline,
including reduced cutting of classes by students and utilizing means such as closed campuses;
(g) implementing a progress-based assessment system that continually tracks individual
student progress each year in each of the core academic areas by:
(i) tracking student progress from year to year on a longitudinal basis, rather than
aggregate levels of performance;
(ii) utilizing national norm-referenced tests as benchmarks, so that the progress of Utah
students can be compared to the progress of students in other states and the nation;
(iii) providing progress assessment data that follow each student wherever that student
attends schools in the state; and
(iv) making the assessment data available to parents to permit them to make fully
informed decisions regarding the districts, schools, and teachers they wish to involve in the
educational process for their children;
(h) developing methods to increase school choice among public schools, including
intradistrict and interdistrict transfers, and expansion of alternative schools such as charter
schools and New Century schools;
(i) aligning the current funding mechanisms with the priorities of the strategy focusing on
core academics, to include financial incentives and consequences;
(j) developing a new incremental state funding mechanism for public education that:
(i) motivates school districts to focus on achieving value-added progress in core
academics;
(ii) is tied to the progress-based assessment system described under Subsection (2)(g);
(iii) provides funding details, including adjustments for mobility; and
(iv) provides school districts, parents, students, and educators an economic incentive for
developing economic efficiencies in the delivery of instruction;
(k) remediating schools and districts that do not meet appropriate standards based on the
progress-based assessment described above, including possible transfer of control to the State
Board of Education;
(l) developing ways to meet a variety of learning styles;
(m) developing savings through building utilization and per square foot cost limitation in
building construction programs; and
(n) implementing other best demonstrated practices of other states and their school
districts that are achieving significant improvement in core academic progress.
(3) (a) By August 15, 2003, the State Board of Education shall submit an initial report to
the governor's office for use at the State Education Summit Meeting.
(b) The State Board of Education shall make at least three annual reports on the issues
described under Subsection (2) to the Education Interim Committee.
(c) A final report, including any proposed legislation, shall be presented to the Education
Interim Committee prior to November 30, 2003, 2004, and 2005.
Section 22. Education Interim Committee -- Request for proposals -- Appropriation.
(1) The Education Interim Committee, after consultation with the State Board of
Education and the Public Education Legislative Task Force, shall issue a three-stage request for
proposals responding to Utah's need to stretch educational dollars and improve student
performance, including:
(a) the definition of the core mission of public education in the state;
(b) how the following features could be used to accelerate student progress and
achievement, including the costs saved or required for implementation and program
maintenance:
(i) daily and weekly competency-based progress;
(ii) self-paced progress;
(iii) technologies to support assessment and student tracking;
(iv) new student and teacher support mechanisms;
(v) new delivery methods, including the use of the Internet; and
(vi) strategies for reallocating resources to core curriculum requirements; and
(c) how the components described under Subsection (1)(b) can be aligned and
harmonized to reduce delivery costs and overhead, including administration and clerical work.
(2) The issuance of the request for proposals under Subsection (1) shall proceed as
follows:
(a) a general and widely advertised invitation for preliminary proposals;
(b) a selection of up to three promising proposals for the development of a complete
proposal, but promising consideration of all complete proposals developed with private funds;
and
(c) a selection of one or more of the final proposals for recommendation to the
Legislature and the educational community for developmental funding and implementation.
(3) There is appropriated from the General Fund for fiscal year 2002-03 only, $150,000
to the Office of Legislative Research and General Counsel for the Education Interim Committee
to issue the request for proposals described in this section.
(4) By August 15, 2003, the Education Interim Committee shall submit an initial report
to the governor's office for use at the State Education Summit Meeting.
Section 23. Public Education Appropriations Subcommittee -- Study -- Report.
(1) The Public Education Appropriations Subcommittee shall:
(a) receive the study of the State Board of Education made in accordance with Section
53A-1-409 ;
(b) make recommendations for the allocation of public education monies, based upon
both new public education monies and the reallocation of monies required to implement
competency-based education standards and assessments; and
(c) other issues that may be recommended by the Public Education Appropriations
Subcommittee.
(2) (a) By August 15, 2003, the Public Education Appropriations Subcommittee shall
submit an initial report to the governor's office for use at the State Education Summit Meeting.
(b) A final report shall be presented before November 30, 2003, to the Executive
Appropriations Committee.
Section 24. Additional meetings authorized -- Appropriations.
(1) The Education Interim Committee and the Public Education Appropriations
Subcommittee are each authorized to hold two additional meetings during the 2003 interim.
(2) There is appropriated from the General Fund for fiscal year 2002-03 only, the
following amounts for the additional meetings under Subsection (1):
(a) $4,500 to the Senate to pay for the compensation and expenses of senators on the
committees;
(b) $10,000 to the House of Representatives to pay for the compensation and expenses of
representatives on the committees;
(c) $5,000 to the Office of Legislative Research and General Counsel to pay for staffing
expenses; and
(d) $5,000 to the Office of the Legislative Fiscal Analyst to pay for staffing expenses.
Section 25. State Board of Regents -- Study.
(1) The State Board of Regents shall study and make recommendations on changes to the
system of higher education that may be required to accommodate and coordinate with public
education as public education implements competency-based education and progress-based
assessments.
(2) By August 15, 2003, the State Board of Regents shall submit a report to the
governor's office for use at the State Education Summit Meeting.
Section 26. State Board of Education -- Appropriation.
(1) There is appropriated for the fiscal year beginning July 1, 2003, $1,800,000 from the
Uniform School Fund to the State Office of Education.
(2) The State Board of Education shall use the appropriation under Subsection (1) to:
(a) create a definition of how competency-based educational processes will be employed
in the public education system;
(b) complete an initial pilot program in competency-based educational processes;
(c) create specifications for developing and implementing:
(i) a progress-based assessment system to measure and monitor individual student
progress in core academic subjects; and
(ii) a teacher development plan focused on achieving progress in core academic subjects;
and
(d) develop a joint program between public education and higher education to foster
superior teaching as defined by progress-based assessments in core academic subjects.
Section 27. State Education Summit Meeting.
(1) (a) The governor's office shall organize a State Education Summit Meeting to be held
after September 1 in 2003.
(b) The State Board of Education and state superintendent of public instruction shall
provide staff support for the summit meeting.
(2) The participants in the State Education Summit Meeting shall be:
(a) the State Board of Education;
(b) the state superintendent of public instruction;
(c) representatives of local school boards and superintendents;
(d) the Education Interim Committee;
(e) the Public Education Appropriations Subcommittee;
(f) the governor's office;
(g) the State Board of Regents;
(h) the commissioner of higher education;
(i) representatives of Utah's higher education institutions;
(j) representatives of educators;
(k) representatives of business, industry, and employers;
(l) the Public Education Legislative Task Force;
(m) representatives of students' parents; and
(n) other invited participants.
(3) The purpose of the State Education Summit Meeting shall be to:
(a) hear the initial reports of the State Board of Education, the Education Interim
Committee, the Public Education Appropriations Subcommittee, and State Board of Regents
required under this act;
(b) discuss issues relating to this act, including the emphasis on core academic subjects,
competency-based education, and progress-based assessments; and
(c) develop plans, coordinate efforts, make recommendations, and propose legislation
needed to implement this act.
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