H.B. 416

1

PUBLIC EDUCATION ACCOUNTABILITY
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Duane E. Bourdeaux
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill requires the State Board of Education to establish an accountability system
10 with certain requirements.
11 Highlighted Provisions:
12 This bill:
13 . defines achievement gap, student group, and accountability system;
14 . establishes an accountability system;
15 . specifies reporting requirements for disaggregated student group test scores;
16 . requires the State Board of Education to establish a rating system and a system of
17 rewards and sanctions; and
18 . makes technical changes.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 53A-1-402, as last amended by Chapter 227, Laws of Utah 2005
26 53A-1-602, as last amended by Chapter 7, Laws of Utah 2002, Sixth Special Session
27 53A-1-603, as last amended by Chapter 7, Laws of Utah 2002, Fifth Special Session

28 ENACTS:
29 53A-1-603.1, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 53A-1-402 is amended to read:
33 53A-1-402. Board to establish minimum standards for public schools.
34 (1) The State Board of Education shall establish rules and minimum standards for the
35 public schools that are consistent with this title, including rules and minimum standards
36 governing the following:
37 (a) (i) the qualification and certification of educators and ancillary personnel who
38 provide direct student services;
39 (ii) required school administrative and supervisory services; and
40 (iii) the evaluation of instructional personnel;
41 (b) (i) access to programs;
42 (ii) attendance;
43 (iii) competency levels;
44 (iv) graduation requirements; [and]
45 (v) exemption rates for achievement tests administered under this chapter; and
46 [(v)] (vi) discipline and control;
47 (c) (i) school accreditation;
48 (ii) the academic year;
49 (iii) alternative and pilot programs;
50 (iv) curriculum and instruction requirements;
51 (v) school libraries; and
52 (vi) services to:
53 (A) persons with a disability as defined by and covered under:
54 (I) the Americans with Disabilities Act of 1990, 42 U.S.C. 12102;
55 (II) the Rehabilitation Act of 1973, 29 U.S.C. 705(20)(A); and
56 (III) the Individuals with Disabilities Education Act, 20 U.S.C. 1401(3); and
57 (B) other special groups;
58 (d) annual performance standards for:

59 (i) achievement tests administered under this chapter;
60 (ii) student dropout rates;
61 (iii) student grade completion and graduation rates;
62 (iv) student attendance rates; and
63 (v) other indicators under Section 53A-3-602.5 , as determined by the State Board of
64 Education;
65 (e) closing achievement gaps in:
66 (i) performance on achievement tests administered under this chapter for individual
67 students and student groups, including the performance of students who did not perform at a
68 proficient level in the preceding school year on any assessment administered under this chapter;
69 and
70 (ii) other indicators under Section 53A-3-602.5 , as determined by the State Board of
71 Education;
72 [(d)] (f) (i) state reimbursed bus routes;
73 (ii) bus safety and operational requirements; and
74 (iii) other transportation needs; and
75 [(e)] (g) (i) school productivity and cost effectiveness measures;
76 (ii) federal programs;
77 (iii) the closure of identified achievement gaps;
78 [(iii)] (iv) school budget formats; and
79 [(iv)] (v) financial, statistical, and student accounting requirements.
80 (2) The board shall determine if:
81 (a) the minimum standards have been met; and
82 (b) required reports are properly submitted.
83 (3) The board may apply for, receive, administer, and distribute to eligible applicants
84 funds made available through programs of the federal government.
85 (4) (a) The Utah College of Applied Technology shall provide competency-based
86 career and technical education courses that fulfill high school graduation requirements, as
87 requested and authorized by the State Board of Education.
88 (b) A school district may grant a high school diploma to a student participating in
89 courses described under Subsection (4)(a) that are provided by the Utah College of Applied

90 Technology.
91 Section 2. Section 53A-1-602 is amended to read:
92 53A-1-602. Definitions.
93 As used in this part:
94 (1) "Accountability system" means a comprehensive system for ensuring the academic
95 achievement of each student, comprised of:
96 (a) curriculum standards;
97 (b) data, information, reporting, and assessment systems;
98 (c) academic performance and academic growth indicators; and
99 (d) reward and sanction systems that hold both institutions and students accountable
100 for academic performance and expected academic growth.
101 (2) "Achievement gap" means:
102 (a) a difference between the performance of any individual student or a student group
103 and the state's highest standard and expectation on a performance indicator;
104 (b) a discrepancy in outcomes for individual students or student groups on a
105 performance indicator, including:
106 (i) results of standardized tests, including:
107 (A) any achievement test administered under this chapter;
108 (B) the Scholastic Assessment Test (SAT) and Advanced Placement (AP) test
109 administered by the College Board;
110 (C) the ACT test administered by ACT, Inc.; and
111 (D) the National Assessment of Educational Progress;
112 (ii) high school grade completion and graduation rates; and
113 (iii) college participation and graduation rates; and
114 (c) a discrepancy in access to education programs for individual students or student
115 groups, including access to:
116 (i) adequate school funding;
117 (ii) a highly qualified teacher;
118 (iii) a rigorous curriculum;
119 (iv) advanced curricula;
120 (v) classroom materials;

121 (vi) program offerings; and
122 (vii) educational technology.
123 [(1)] (3) "Achievement test" means a standardized test which measures or attempts to
124 measure the level of performance which a student has attained in one or more courses of study.
125 Achievement tests shall include norm-referenced and criterion-referenced tests.
126 [(2)] (4) "Basic skills course" means a subject which requires mastery of specific
127 functions, as defined under rules made by the State Board of Education, to include reading,
128 language arts, mathematics through geometry, science, in grades 4 through 12, and
129 effectiveness of written expression.
130 (5) "Student group" means students who share similar characteristics, including:
131 (a) race;
132 (b) ethnicity;
133 (c) English language proficiency level;
134 (d) status as recipient or nonrecipient of free or reduced price school lunch;
135 (e) gender; and
136 (f) special education status.
137 [(3)] (6) "Utah Performance Assessment System for Students" or "U-PASS" means:
138 (a) systematic norm-referenced achievement testing of all students in grades 3, 5, 8,
139 and 11 required by this part in all schools within each school district by means of tests
140 designated by the State Board of Education;
141 (b) criterion-referenced achievement testing of students in all grade levels in basic
142 skills courses;
143 (c) beginning with the 2001-02 school year, a direct writing assessment in grades 6 and
144 9;
145 (d) beginning with the 2003-04 school year, a tenth grade basic skills competency test
146 as detailed in Section 53A-1-611 ; and
147 (e) beginning with the 2002-03 school year, the use of student behavior indicators in
148 assessing student performance.
149 Section 3. Section 53A-1-603 is amended to read:
150 53A-1-603. Duties of State Board of Education.
151 (1) The State Board of Education shall:

152 (a) require each school district to implement the Utah Performance Assessment System
153 for Students, hereafter referred to as U-PASS;
154 (b) require the state superintendent of public instruction to submit and recommend
155 criterion-referenced and norm-referenced achievement tests, a tenth grade basic skills
156 competency test, and a direct writing assessment for grades 6 and 9 to the board for approval
157 and adoption and distribution to each school district by the state superintendent;
158 (c) develop an assessment method to uniformly measure statewide performance,
159 school district performance, and school performance of students in grades 1 through 12 in
160 mastering basic skills courses; and
161 (d) provide for the state to participate in the National Assessment of Educational
162 Progress state-by-state comparison testing program.
163 (2) Under U-PASS, the state office shall annually require that each district administer:
164 (a) a statewide norm-referenced test to all students in grades 3, 5, 8, and 11;
165 (b) statewide criterion-referenced tests in all grade levels and courses in basic skill
166 areas of the core curriculum;
167 (c) a direct writing assessment to all students in grades 6 and 9, with the first
168 assessment to be administered during the 2001-02 school year; and
169 (d) a tenth grade basic skills competency test as detailed in Section 53A-1-611 , with
170 the first test to be administered during the 2003-04 school year.
171 (3) The board shall adopt rules for the conduct and administration of U-PASS to
172 include the following:
173 (a) the computation of student performance based on information that is disaggregated
174 with respect to race, ethnicity, gender, limited English proficiency, special education status, and
175 those students who qualify for free or reduced price school lunch;
176 (b) security features to maintain the integrity of the system, which could include
177 statewide uniform testing dates, multiple test forms, and test administration protocols;
178 (c) the exemption of student test scores, by exemption category, such as limited
179 English proficiency, mobility, and students with disabilities, with the percent or number of
180 student test scores exempted being publically reported at a district level;
181 (d) compiling of criterion-referenced and direct writing test scores and test score
182 averages at the classroom level to allow for:

183 (i) an annual review of those scores by parents of students and professional and other
184 appropriate staff at the classroom [level], school, and school district levels at the earliest point
185 in time and consistent with the timeline of the phase-in referred to in Section 53A-1-602 and
186 this section, but no later than by the end of the school year beginning with the 2003-04 school
187 year;
188 (ii) the assessment of year-to-year student progress in specific classes, courses, and
189 subjects;
190 (iii) a teacher to review, prior to the beginning of a new school year for the 2003-04
191 school year and for each school year thereafter, test scores from the previous school year of
192 students who have been assigned to the teacher's class for the new school year; and
193 (iv) allowing a school district to have its tests administered and scored electronically to
194 accelerate the review of test scores and their usefulness to parents and educators under
195 Subsections (3)(d)(i), (ii), and (iii), without violating the integrity of U-PASS; and
196 (e) providing that:
197 (i) scores on the tests and assessments required under Subsection (2)(b) shall be
198 considered in determining a student's academic grade for the appropriate course and whether a
199 student shall advance to the next grade level; and
200 (ii) the student's score on the tenth grade basic skills competency test shall be recorded
201 on the student's transcript of credits.
202 (4) In disaggregating data under Subsection (3), achievement test results shall be
203 disaggregated and reported by student group at the grade, school, district, and state level,
204 except that:
205 (a) if a student group is composed of ten or less students in a grade but more than ten
206 students in a school, the disaggregated data shall be reported at the school, district, and state
207 level;
208 (b) if a student group is composed of ten or less students in a school but more than ten
209 students in a district, the disaggregated data shall be reported at the district and state level;
210 (c) if a student group is composed of ten or less students in a district but more than ten
211 students in the state, the disaggregated data shall be reported at the state level; and
212 (d) if a student group is composed of ten or less students in the state, no disaggregated
213 data shall be reported for that student group.

214 (5) The disaggregated student group data under this section shall be reported annually
215 by September 15 and made publicly available.
216 Section 4. Section 53A-1-603.1 is enacted to read:
217 53A-1-603.1. Accountability system.
218 (1) By the 2007-08 school year, the State Board of Education shall:
219 (a) implement an accountability system that evaluates annual performance and
220 performance trends for each school and school district, including at a minimum:
221 (i) performance of individual students and student groups on the performance standards
222 under Section 53A-1-402 ; and
223 (ii) efforts to close identified achievement gaps under Section 53A-1-602 ; and
224 (b) establish a four-tiered system of ratings for schools and school districts based upon:
225 (i) performance of student groups on the performance standards under Section
226 53A-1-402 ; and
227 (ii) efforts to close identified achievement gaps under Section 53A-1-602 .
228 (2) (a) Every two years, the State Board of Education shall evaluate the accountability
229 system for modifications needed in curriculum, assessments, academic standards, performance
230 standards, and student achievement indicators.
231 (b) At a minimum, the evaluation shall include an analysis of trend data on student
232 group performance on criterion-referenced tests, nationally normed tests, other
233 state-administered tests, and other student achievement indicators.
234 (c) Based on the results of the evaluation, the State Board of Education shall make
235 appropriate adjustments to the performance standards, including expectations for proficient
236 performance for students and student groups.
237 (3) By the 2008-09 school year, the State Board of Education shall establish a system
238 of rewards and sanctions for schools and school districts based on the evaluation under
239 Subsection (2).

Legislative Review Note
as of 2-15-06 11:38 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel