S.B. 199

1

SCHOOL COMMUNITY COUNCIL POWERS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Mark B. Madsen
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies powers of a school community council.
10 Highlighted Provisions:
11 This bill:
12 . provides for an override of a school district's or local school board's disapproval of
13 certain plans and programs developed by a school community council if all the
14 parent and guardian members of the school community council vote in favor of
15 implementing the plan or program;
16 . provides for judicial review of a school district's or local school board's decision;
17 and
18 . provides for an award of costs and reasonable attorney's fees as determined by the
19 court for a party who prevails against a school district or local school board.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 53A-1-606.5, as last amended by Chapters 210 and 324, Laws of Utah 2002
27 53A-1a-108.5, as enacted by Chapter 324, Laws of Utah 2002

28 53A-16-101.5, as last amended by Chapter 166, Laws of Utah 2005
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 53A-1-606.5 is amended to read:
32 53A-1-606.5. Reading achievement in grades one through three -- Monitoring --
33 Reporting -- Additional instruction.
34 (1) (a) The Legislature recognizes that:
35 (i) reading is the most fundamental skill, the gateway to knowledge and lifelong
36 learning;
37 (ii) there is an ever increasing demand for literacy in the highly technological society
38 we live in;
39 (iii) students who do not learn to read will be economically and socially disadvantaged;
40 (iv) reading problems exist in almost every classroom;
41 (v) almost all reading failure is preventable if reading difficulties are diagnosed and
42 treated by no later than the end of the third grade; and
43 (vi) early identification and treatment of reading difficulties can result in students
44 learning to read by the end of the third grade.
45 (b) It is therefore:
46 (i) the long-term goal of the state to have every student in the state's public education
47 system reading on or above grade level by the end of the third grade; and
48 (ii) the short-term goal of the state to have 90% or more of all third graders reading on
49 or above grade level by the end of the third grade in 2006.
50 (c) (i) The State Board of Education, through the superintendent of public instruction,
51 shall annually report on progress towards achieving the goals established in Subsection (1)(b).
52 (ii) The information shall be reported in the school performance report required under
53 Section 53A-3-602.5 , beginning with the 2002-03 school year, and include the following for
54 each school district and elementary school:
55 (A) the number and percent of all students reading on or above grade level at the end of
56 the first, second, and third grades;
57 (B) the annual reading achievement growth from the prior year and cumulative reading
58 achievement growth from the base year of 2001-02 in the percent of students reading on or

59 above grade level for each year;
60 (C) those schools that reach the 90% reading achievement goal or achieve a sufficient
61 magnitude of gain each year as determined by the State Board of Education from the 2001-02
62 base year or do both; and
63 (D) those elementary schools that fail to achieve a sufficient magnitude of gain each
64 year as determined by the State Board of Education from the 2001-02 base year.
65 (d) The State Board of Education, through the superintendent of public instruction,
66 shall determine as part of the U-PASS testing program:
67 (i) the appropriate statewide tests to assess reading levels at the end of each year in the
68 first, second, and third grades;
69 (ii) an appropriate standard or cut score on each assessment for determining grade level
70 reading mastery; and
71 (iii) the actual percent of students reading on or above grade level in the first, second,
72 and third grades at each public elementary school as required under Subsection (1)(c)(i) by
73 dividing the headcount enrollment of students reading on or above grade level at that grade by
74 the headcount enrollment of students in the building at that grade on the date that the reading
75 assessment is administered.
76 (2) Local school boards shall annually review the U-PASS data regarding reading at
77 school and district levels and shall work with districts and schools to review and revise plans as
78 needed to meet the goal set in Subsection (1)(b).
79 (3) (a) Each school district shall require the elementary schools within its district
80 boundaries to develop, in conjunction with all other school planning processes and
81 requirements, a reading achievement plan at each school for its kindergarten, first, second, and
82 third graders to reach the reading goals set in Subsection (1)(b).
83 (b) The reading achievement plan shall be:
84 (i) subject to Subsection (3)(e), developed under the direction of the school community
85 council or a subcommittee or task force created by the school community council; and
86 (ii) implemented by the school's principal, teachers, and other appropriate school staff.
87 (c) The school principal shall take primary responsibility to provide leadership and
88 allocate resources and support for teachers and students, most particularly for those who are
89 reading below grade level, to achieve the reading goals.

90 (d) Each reading achievement plan shall include:
91 (i) an assessment component that:
92 (A) allows only the principal, teachers, and other appropriate school staff to identify
93 those students who are reading below grade level;
94 (B) uses U-PASS and local assessment information throughout the year to determine
95 students' instructional needs; and
96 (C) is consistent with the exemption provisions of Subsection 53A-1-603 (3)(c)
97 regarding such students as students with disabilities or limited English proficiency;
98 (ii) an intervention component:
99 (A) that provides adequate and appropriate interventions focused on bringing each
100 student up to reading at or above grade level and which would permit retention in the grade
101 level of a student reading below grade level based on a joint determination made by the
102 principal or the principal's designee, the student's teacher, and the student's parent;
103 (B) based on best practices identified through proven researched-based methods;
104 (C) that includes parental participation; and
105 (D) that, as resources allow, involves a reading specialist; and
106 (iii) a reporting component consistent with the data to be included in the school
107 performance report required under Section 53A-3-602.5 .
108 (e) In developing or reviewing a reading achievement plan, a school community
109 council or subcommittee or task force of a school community council may not have access to
110 data that reveal the identity of students.
111 (4) (a) The school district shall [approve each school's plan prior to its implementation
112 and] review each plan annually[.] and approve or disapprove each plan.
113 (b) If a school district disapproves a reading achievement plan, the school community
114 council may override the decision of the school district if all the parent and guardian members
115 of the school community council vote in favor of implementing the plan, except as provided in
116 Subsection (4)(c).
117 (c) If a school district disapproves a reading achievement plan on the basis that the plan
118 may be in violation of law and provides a school community council a written legal opinion
119 explaining the reasons why the plan may violate law, the school community council may not
120 override the school board's decision.

121 (5) A school shall implement and provide ongoing support for a reading achievement
122 plan approved by the school district or the school community council pursuant to Subsection
123 (4)(b).
124 (6) (a) Review of a school district decision under Subsection (4) may be sought in the
125 district court with jurisdiction in the county in which the school district is established by filing
126 a petition for review of the decision within 20 days of the school district's decision.
127 (b) The district court shall review the matter de novo.
128 (c) As used in this section, "de novo" means an original, independent proceeding, and
129 does not mean a trial de novo on the record.
130 (d) The district court shall set aside the school district decision if it is found to be based
131 upon a clearly erroneous interpretation or application of the law.
132 (e) In an action brought under this Subsection (6), a party who prevails against the
133 school district shall be awarded its costs and reasonable attorney's fees as determined by the
134 court.
135 Section 2. Section 53A-1a-108.5 is amended to read:
136 53A-1a-108.5. School improvement plan.
137 (1) (a) Each school community council shall annually evaluate the school's U-PASS
138 test results and use the evaluations in developing a school improvement plan.
139 (b) In evaluating U-PASS test results and developing a school improvement plan, a
140 school community council may not have access to data that reveal the identity of students.
141 (2) Each school improvement plan shall:
142 (a) identify the school's most critical academic needs;
143 (b) recommend a course of action to meet the identified needs;
144 (c) list any programs, practices, materials, or equipment that the school will need to
145 implement its action plan to have a direct impact on the instruction of students and result in
146 measurable increased student performance; and
147 (d) describe how the school intends to enhance or improve academic achievement,
148 including how financial resources available to the school, such as School LAND Trust Program
149 monies received under Section 53A-16-101.5 and state and federal grants, will be used to
150 enhance or improve academic achievement.
151 (3) The school improvement plan shall focus on the school's most critical academic

152 needs but may include other actions to enhance or improve academic achievement and
153 community environment for students.
154 (4) The school principal shall make available to the school community council the
155 school budget and other data needed to develop the school improvement plan.
156 (5) (a) The [school improvement plan shall be subject to the approval of the] local
157 school board of the school district in which the school is located[.] shall annually review each
158 school improvement plan and approve or disapprove the plan.
159 (b) If a school board disapproves a school improvement plan, the school community
160 council may override the decision of the school board if all the parent and guardian members of
161 the school community council vote in favor of implementing the plan, except as provided in
162 Subsection (5)(c).
163 (c) If a local school board disapproves a school improvement plan on the basis that the
164 plan may be in violation of law and provides a school community council a written legal
165 opinion explaining the reasons why the plan may violate law, the school community council
166 may not override the school board's decision.
167 (6) (a) Review of a local school board decision under Subsection (5) may be sought in
168 the district court with jurisdiction in the county in which the school district is established by
169 filing a petition for review of the decision within 20 days of the school district's decision.
170 (b) The district court shall review the matter de novo.
171 (c) As used in this section, "de novo" means an original, independent proceeding, and
172 does not mean a trial de novo on the record.
173 (d) The district court shall set aside the local school board decision if it is found to be
174 based upon a clearly erroneous interpretation or application of the law.
175 (e) In an action brought under this Subsection (6), a party who prevails against the
176 local school board shall be awarded its costs and reasonable attorney's fees as determined by
177 the court.
178 [(6)] (7) (a) A school community council may develop a multiyear school improvement
179 plan, but the plan must be presented to [and approved annually by] the local school board[.]
180 annually.
181 (b) The school board shall approve or disapprove the multiyear plan, and a school
182 community council may override the school board's decision as provided in Subsection (5).

183 [(7)] (8) Each school shall:
184 (a) implement the school improvement plan as developed by the school community
185 council and approved by:
186 (i) the local school board; or
187 (ii) the school community council pursuant to Subsection (5)(b);
188 (b) provide ongoing support for the council's plan; and
189 (c) meet local school board reporting requirements regarding performance and
190 accountability.
191 Section 3. Section 53A-16-101.5 is amended to read:
192 53A-16-101.5. School LAND Trust Program -- Purpose -- Distribution of funds --
193 School plans for use of funds.
194 (1) There is established the School LAND (Learning And Nurturing Development)
195 Trust Program for the state's public schools to provide financial resources to enhance or
196 improve student academic achievement and implement a component of the school
197 improvement plan.
198 (2) (a) The program shall be funded each fiscal year:
199 (i) from the Interest and Dividends Account created in Section 53A-16-101 ; and
200 (ii) in the amount of the sum of the following:
201 (A) the interest and dividends from the investment of monies in the permanent State
202 School Fund deposited to the Interest and Dividends Account in the immediately preceding
203 year; and
204 (B) interest accrued on monies in the Interest and Dividends Account in the
205 immediately preceding fiscal year.
206 (b) On and after July 1, 2003, the program shall be funded as provided in Subsection
207 (2)(a) up to a maximum of an amount equal to 2% of the funds provided for the Minimum
208 School Program, pursuant to Title 53A, Chapter 17a, Minimum School Program Act, each
209 fiscal year.
210 (c) The Legislature shall annually allocate, through an appropriation to the State Board
211 of Education, a portion of School LAND Trust Program monies for the administration of the
212 program.
213 (3) (a) The State Board of Education shall allocate the monies referred to in Subsection

214 (2) annually for the fiscal year beginning July 1, 2000, and for each fiscal year thereafter as
215 follows:
216 (i) school districts shall receive 10% of the funds on an equal basis; and
217 (ii) the remaining 90% of the funds shall be distributed on a per student basis, with
218 each district receiving its allocation based on the number of students in the district as compared
219 to the state total.
220 (b) Each school district shall distribute its allocation under Subsection (3)(a) to each
221 school within the district on an equal per student basis.
222 (c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
223 board may make rules regarding the time and manner in which the student count shall be made
224 for allocation of the monies.
225 (4) Except as provided in Subsection [(7)] (8), in order to receive its allocation under
226 Subsection (3), a school shall have established a school community council under Section
227 53A-1a-108 .
228 (5) (a) The school community council or its subcommittee shall develop a program to
229 use its allocation under Subsection (3) to implement a component of the school's improvement
230 plan, including:
231 (i) the school's identified most critical academic needs;
232 (ii) a recommended course of action to meet the identified academic needs;
233 (iii) a specific listing of any programs, practices, materials, or equipment which the
234 school will need to implement a component of its school improvement plan to have a direct
235 impact on the instruction of students and result in measurable increased student performance;
236 and
237 (iv) how the school intends to spend its allocation of funds under this section to
238 enhance or improve academic excellence at the school.
239 (b) (i) The school may develop a multiyear program[, but].
240 (ii) Annually, the program shall be [presented and] approved by the school community
241 council and reviewed by the local school board of the district in which the school is located
242 [annually and as a prerequisite to receiving program funds allocated under this section].
243 (iii) The school board shall approve or disapprove the program.
244 (iv) If a school board disapproves a school's program for the use of school trust monies,

245 the school community council may override the decision of the school board if all the parent
246 and guardian members of the school community council vote in favor of implementing the
247 program, except as provided in Subsection (5)(b)(v).
248 (v) If a local school board disapproves a school's program for the use of school trust
249 monies on the basis that the plan may be in violation of law and provides a school community
250 council a written legal opinion explaining the reasons why the program may violate law, the
251 school community council may not override the school board's decision.
252 (vi) A school shall receive its allocation of school trust monies if the school's program
253 for the use of school trust monies is approved by:
254 (A) the school board; or
255 (B) the school community council pursuant to Subsection (5)(b)(iv).
256 (6) (a) Review of a local school board decision under Subsection (5)(b) may be sought
257 in the district court with jurisdiction in the county in which the school district is established by
258 filing a petition for review of the decision within 20 days of the school district's decision.
259 (b) The district court shall review the matter de novo.
260 (c) As used in this section, "de novo" means an original, independent proceeding, and
261 does not mean a trial de novo on the record.
262 (d) The district court shall set aside the local school board decision if it is found to be
263 based upon a clearly erroneous interpretation or application of the law.
264 (e) In an action brought under this Subsection (6), a party who prevails against the
265 local school board shall be awarded its costs and reasonable attorney's fees as determined by
266 the court.
267 [(6)] (7) (a) Each school shall:
268 (i) implement the program as approved by the school community council and approved
269 by:
270 (A) the local school board; or
271 (B) the school community council pursuant to Subsection (5)(b)(iv);
272 (ii) provide ongoing support for the council's or its subcommittee's program;
273 (iii) meet school board reporting requirements regarding financial and performance
274 accountability of the program; and
275 (iv) publicize to its patrons and the general public on how the funds it received under

276 this section were used to enhance or improve academic excellence at the school and implement
277 a component of the school's improvement plan, including the results of those efforts.
278 (b) (i) Each school through its council or its subcommittee shall prepare and present an
279 annual report of the program to its local school board at the end of the school year.
280 (ii) The report shall detail the use of program funds received by the school under this
281 section and an assessment of the results obtained from the use of the funds.
282 [(7)] (8) (a) The governing board of a charter school shall prepare a plan for the use of
283 school trust monies that includes the elements listed in Subsection (5).
284 (b) The plan shall be subject to approval by the entity that authorized the establishment
285 of the charter school.
286 [(8)] (9) (a) A school community council and a governing board of a charter school
287 may not be required to:
288 (i) send a letter to legislators or other elected officials on the school's use of School
289 LAND Trust Program monies as a condition of receiving the monies; or
290 (ii) report to the State Board of Education or any local school board on whether any
291 letters were sent to legislators or other elected officials on the school's use of School LAND
292 Trust Program monies.
293 (b) Subsection [(8)] (9)(a)(i) does not apply to the annual report to the local school
294 board required by Subsection [(6)] (7)(b).




Legislative Review Note
as of 2-10-06 9:49 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