H.B. 441

1

BASIC SKILLS COMPETENCY TEST
2 REQUIREMENTS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Karen W. Morgan
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies requirements related to the administration of a basic skills
11 competency test to public school students.
12 Highlighted Provisions:
13 This bill:
14 . delays the administration of a basic skills competency test to public school students
15 from tenth grade to eleventh grade.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 53A-1-602, as last amended by Chapter 7, Laws of Utah 2002, Sixth Special Session
23 53A-1-603, as last amended by Chapter 7, Laws of Utah 2002, Fifth Special Session
24 53A-1-611, as last amended by Chapter 7, Laws of Utah 2002, Fifth Special Session
25 53A-3-602.5, as last amended by Chapters 210 and 244, Laws of Utah 2002
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 53A-1-602 is amended to read:
29 53A-1-602. Definitions.
30 As used in this part:
31 (1) "Achievement test" means a standardized test which measures or attempts to
32 measure the level of performance which a student has attained in one or more courses of study.
33 Achievement tests shall include norm-referenced and criterion-referenced tests.
34 (2) "Basic skills course" means a subject which requires mastery of specific functions,
35 as defined under rules made by the State Board of Education, to include reading, language arts,
36 mathematics through geometry, science, in grades 4 through 12, and effectiveness of written
37 expression.
38 (3) "Utah Performance Assessment System for Students" or "U-PASS" means:
39 (a) systematic norm-referenced achievement testing of all students in grades 3, 5, 8,
40 and 11 required by this part in all schools within each school district by means of tests
41 designated by the State Board of Education;
42 (b) criterion-referenced achievement testing of students in all grade levels in basic
43 skills courses;
44 (c) beginning with the 2001-02 school year, a direct writing assessment in grades 6 and
45 9;
46 (d) beginning with the 2003-04 school year, a [tenth grade] basic skills competency test
47 as detailed in Section 53A-1-611 ; and
48 (e) beginning with the 2002-03 school year, the use of student behavior indicators in
49 assessing student performance.
50 Section 2. Section 53A-1-603 is amended to read:
51 53A-1-603. Duties of State Board of Education.
52 (1) The State Board of Education shall:
53 (a) require each school district to implement the Utah Performance Assessment System
54 for Students, hereafter referred to as U-PASS;
55 (b) require the state superintendent of public instruction to submit and recommend
56 criterion-referenced and norm-referenced achievement tests, a [tenth grade] basic skills
57 competency test, and a direct writing assessment for grades 6 and 9 to the board for approval
58 and adoption and distribution to each school district by the state superintendent;

59 (c) develop an assessment method to uniformly measure statewide performance,
60 school district performance, and school performance of students in grades 1 through 12 in
61 mastering basic skills courses; and
62 (d) provide for the state to participate in the National Assessment of Educational
63 Progress state-by-state comparison testing program.
64 (2) Under U-PASS, the state office shall annually require that each district administer:
65 (a) a statewide norm-referenced test to all students in grades 3, 5, 8, and 11;
66 (b) statewide criterion-referenced tests in all grade levels and courses in basic skill
67 areas of the core curriculum;
68 (c) a direct writing assessment to all students in grades 6 and 9, with the first
69 assessment to be administered during the 2001-02 school year; and
70 (d) a [tenth grade] basic skills competency test as detailed in Section 53A-1-611 , with
71 the first test to be administered during the 2003-04 school year.
72 (3) The board shall adopt rules for the conduct and administration of U-PASS to
73 include the following:
74 (a) the computation of student performance based on information that is disaggregated
75 with respect to race, ethnicity, gender, limited English proficiency, and those students who
76 qualify for free or reduced price school lunch;
77 (b) security features to maintain the integrity of the system, which could include
78 statewide uniform testing dates, multiple test forms, and test administration protocols;
79 (c) the exemption of student test scores, by exemption category, such as limited
80 English proficiency, mobility, and students with disabilities, with the percent or number of
81 student test scores exempted being publically reported at a district level;
82 (d) compiling of criterion-referenced and direct writing test scores and test score
83 averages at the classroom level to allow for:
84 (i) an annual review of those scores by parents of students and professional and other
85 appropriate staff at the classroom level at the earliest point in time and consistent with the
86 timeline of the phase-in referred to in Section 53A-1-602 and this section, but no later than by
87 the end of the school year beginning with the 2003-04 school year;
88 (ii) the assessment of year-to-year student progress in specific classes, courses, and
89 subjects;

90 (iii) a teacher to review, prior to the beginning of a new school year for the 2003-04
91 school year and for each school year thereafter, test scores from the previous school year of
92 students who have been assigned to the teacher's class for the new school year; and
93 (iv) allowing a school district to have its tests administered and scored electronically to
94 accelerate the review of test scores and their usefulness to parents and educators under
95 Subsections (3)(d)(i), (ii), and (iii), without violating the integrity of U-PASS; and
96 (e) providing that:
97 (i) scores on the tests and assessments required under Subsection (2)(b) shall be
98 considered in determining a student's academic grade for the appropriate course and whether a
99 student shall advance to the next grade level; and
100 (ii) the student's score on the [tenth grade] basic skills competency test shall be
101 recorded on the student's transcript of credits.
102 Section 3. Section 53A-1-611 is amended to read:
103 53A-1-611. Standards and assessment processes to measure student performance
104 -- Basic skills competency test.
105 (1) The Legislature recognizes the need for the State Board of Education to develop
106 and implement standards and assessment processes to ensure that student progress is measured
107 and that school boards and school personnel are accountable.
108 (2) (a) In addition to its responsibilities under Sections 53A-1-603 through 53A-1-605 ,
109 the State Board of Education, through the state superintendent of public instruction, shall
110 design a basic skills competency test to be administered in the [tenth] second half of eleventh
111 grade.
112 (b) A student must pass the basic skills competency test, in addition to the established
113 requirements of the state and local board of education of the district in which the student
114 attends school, in order to receive a basic high school diploma of graduation.
115 (c) The state board shall include in the test, at a minimum, components on English
116 language arts and reading and mathematics.
117 (d) A student who fails to pass all components of the test may not receive a basic high
118 school diploma but may receive a certificate of completion or alternative completion diploma
119 under rules made by the State Board of Education in accordance with Title 63, Chapter 46a,
120 Utah Administrative Rulemaking Act.

121 (e) The state board shall make rules:
122 (i) to allow students who initially fail the test to retake all or part of the test; and
123 (ii) that take into account and are consistent with federal law relating to students with
124 disabilities in the administration of the test.
125 (3) The state board shall implement the [tenth grade] basic skills competency test[,] no
126 later than the beginning of the 2003-04 school year.
127 (4) The requirements of this section are to be complementary to the other achievement
128 testing provisions of this part.
129 Section 4. Section 53A-3-602.5 is amended to read:
130 53A-3-602.5. School performance report -- Components -- Annual filing.
131 (1) The State Board of Education in collaboration with the state's 40 school districts
132 shall develop a school performance report to inform the state's residents of the quality of
133 schools and the educational achievement of students in the state's public education system.
134 (2) The report shall be written and include the following statistical data for each school
135 in each school district, as applicable, and shall also aggregate the data at the district and state
136 level:
137 (a) except as provided in Subsection (2)(a)(ii), test scores over the previous year on:
138 (i) norm-referenced achievement tests;
139 (ii) criterion-referenced tests beginning with the 2001-02 school year, to include the
140 scores aggregated for all students by grade level or course for the previous two years and an
141 indication of whether there was a sufficient magnitude of gain in the scores between the two
142 years;
143 (iii) writing assessments required under Section 53A-1-603 ; and
144 (iv) [tenth grade] basic skills competency tests required under Section 53A-1-603 ;
145 (b) college entrance examinations data, including the number and percentage of each
146 graduating class taking the examinations for the previous four years;
147 (c) advanced placement and concurrent enrollment data, including:
148 (i) the number of students taking advanced placement and concurrent enrollment
149 courses;
150 (ii) the number and percent of students taking a specific advanced placement course
151 who take advanced placement tests to receive college credit for the course;

152 (iii) of those students taking the test referred to in Subsection (2)(c)(ii), the number and
153 percent who pass the test; and
154 (iv) of those students taking a concurrent enrollment course, the number and percent of
155 those who receive college credit for the course;
156 (d) the number and percent of students through grade ten reading at or above grade
157 level;
158 (e) the number and percent of students who were absent from school ten days or more
159 during the school year;
160 (f) achievement gaps that reflect the differences in achievement of various student
161 groups as defined by State Board of Education rule;
162 (g) the number and percent of "student dropouts" within the district as defined by State
163 Board of Education rule;
164 (h) course-taking patterns and trends in secondary schools;
165 (i) student mobility;
166 (j) staff qualifications, to include years of professional service and the number and
167 percent of staff who have a degree or endorsement in their assigned teaching area and the
168 number and percent of staff who have a graduate degree;
169 (k) the number and percent of parents who participate in SEP, SEOP, and
170 parent-teacher conferences;
171 (l) average class size by grade level and subject;
172 (m) average daily attendance as defined by State Board of Education rule, including
173 every period in secondary schools; and
174 (n) enrollment totals disaggregated with respect to race, ethnicity, gender, limited
175 English proficiency, and those students who qualify for free or reduced price school lunch.
176 (3) The State Board of Education, in collaboration with the state's school districts, shall
177 provide for the collection and electronic reporting of the following data for each school in each
178 school district:
179 (a) test scores and trends over the previous four years on the tests referred to in
180 Subsection (2)(a);
181 (b) the average grade given in each math, science, and English course in grades 9
182 through 12 for which criteria-referenced tests are required under Section 53A-1-603 ;

183 (c) incidents of student discipline as defined by State Board of Education rule,
184 including suspensions, expulsions, and court referrals; and
185 (d) the number and percent of students receiving fee waivers and the total dollar
186 amount of fees waived.
187 (4) (a) The State Board of Education shall adopt common definitions and data
188 collection procedures for local school boards to use in collecting and forwarding the data
189 required under Subsections (2) and (3) to the state superintendent of public instruction.
190 (b) The state board, through the state superintendent of public instruction, shall adopt
191 standard reporting forms and provide a common template for collecting and reporting the data,
192 which shall be used by all school districts.
193 (c) The state superintendent shall use the automated decision support system referred to
194 in Section 53A-1-301 to collect and report the data required under Subsections (2) and (3).
195 (5) (a) For the school year ending June 30, 2003, and for each year thereafter, the state
196 board, through the state superintendent of public instruction, shall issue its report annually by
197 October 1 to include the required data from the previous school year or years as indicated in
198 Subsections (2) and (3).
199 (b) The state board shall determine the nature and extent of longitudinal data to be
200 reported under Subsections (2)(b), (c), and (d) and (3)(a) during the first three years of the
201 reporting program, with the baseline reporting year beginning July 1, 2002 and ending June 30,
202 2003.
203 (6) (a) Each local school board shall receive a written or an electronic copy of the
204 report from the state superintendent of public instruction containing the data for that school
205 district in a clear summary format and have it distributed, on a one per household basis, to the
206 residence of students enrolled in the school district before November 30th of each year.
207 (b) Each local school board and the state board shall have a complete report of the
208 statewide data available for copying or in an electronic format at their respective offices.

Legislative Review Note
as of 1-31-06 3:01 PM

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