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H.B. 331

             1     

SCHOOL BOARD ALTERNATIVES TO BASIC

             2     
SKILLS COMPETENCY TEST

             3     
2007 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Bradley M. Daw

             6     
Senate Sponsor: ____________

             7     
             8      LONG TITLE
             9      General Description:
             10          This bill allows the State Board of Education to use certain tests to satisfy the basic
             11      skills competency test requirement.
             12      Highlighted Provisions:
             13          This bill:
             14          .    allows the State Board of Education to use a nationally norm-referenced test to
             15      satisfy the basic skills competency test requirement;
             16          .    removes a grade level requirement for the test; and
             17          .    makes technical changes.
             18      Monies Appropriated in this Bill:
             19          None
             20      Other Special Clauses:
             21          None
             22      Utah Code Sections Affected:
             23      AMENDS:
             24          53A-1-602, as last amended by Chapter 7, Laws of Utah 2002, Sixth Special Session
             25          53A-1-603, as last amended by Chapter 7, Laws of Utah 2002, Fifth Special Session
             26          53A-1-611, as last amended by Chapter 7, Laws of Utah 2002, Fifth Special Session
             27          53A-3-602.5, as last amended by Chapters 210 and 244, Laws of Utah 2002



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


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


             90      the end of the school year beginning with the 2003-04 school year];
             91          (ii) the assessment of year-to-year student progress in specific classes, courses, and
             92      subjects;
             93          (iii) a teacher to review, prior to the beginning of a new school year for the 2003-04
             94      school year and for each school year thereafter, test scores from the previous school year of
             95      students who have been assigned to the teacher's class for the new school year; and
             96          (iv) allowing a school district to have its tests administered and scored electronically to
             97      accelerate the review of test scores and their usefulness to parents and educators under
             98      Subsections (3)(d)(i), (ii), and (iii), without violating the integrity of U-PASS; and
             99          (e) providing that:
             100          (i) scores on the tests and assessments required under Subsection (2)(b) shall be
             101      considered in determining a student's academic grade for the appropriate course and whether a
             102      student shall advance to the next grade level; and
             103          (ii) the student's score on the [tenth grade] basic skills competency test shall be
             104      recorded on the student's transcript of credits.
             105          Section 3. Section 53A-1-611 is amended to read:
             106           53A-1-611. Standards and assessment processes to measure student performance
             107      -- Basic skills competency test.
             108          (1) The Legislature recognizes the need for the State Board of Education to develop
             109      and implement standards and assessment processes to ensure that student progress is measured
             110      and that school boards and school personnel are accountable.
             111          (2) (a) In addition to its responsibilities under Sections 53A-1-603 through 53A-1-605 ,
             112      the State Board of Education, through the state superintendent of public instruction, shall
             113      [design] provide for a basic skills competency test [to be administered in the tenth grade] or
             114      tests.
             115          (b) A student must pass the basic skills competency test or tests, in addition to the
             116      established requirements of the state and local board of education of the district in which the
             117      student attends school, in order to receive a basic high school diploma of graduation.
             118          (c) The state board shall include in the test or tests, at a minimum, components on
             119      English language arts and reading and mathematics.
             120          (d) In providing for a basic skills competency test or tests under Subsection (2)(a), the


             121      state board may:
             122          (i) design a basic skills competency test; or
             123          (ii) use a nationally norm-referenced exam, including a college entrance exam.
             124          [(d)] (e) A student who fails to pass all components of the test or tests may not receive
             125      a basic high school diploma but may receive a certificate of completion or alternative
             126      completion diploma under rules made by the State Board of Education in accordance with Title
             127      63, Chapter 46a, Utah Administrative Rulemaking Act.
             128          [(e)] (f) The state board shall make rules:
             129          (i) to allow students who initially fail the test to retake all or part of the test or tests;
             130      and
             131          (ii) that take into account and are consistent with federal law relating to students with
             132      disabilities in the administration of the test or tests.
             133          [(3) The state board shall implement the tenth grade basic skills competency test, no
             134      later than the beginning of the 2003-04 school year.]
             135          [(4)] (3) The requirements of this section are to be complementary to the other
             136      achievement testing provisions of this part.
             137          Section 4. Section 53A-3-602.5 is amended to read:
             138           53A-3-602.5. School performance report -- Components -- Annual filing.
             139          (1) The State Board of Education, in collaboration with the state's [40] school districts
             140      and charter schools, shall develop a school performance report to inform the state's residents of
             141      the quality of schools and the educational achievement of students in the state's public
             142      education system.
             143          (2) The report shall be written and include the following statistical data for each school
             144      in each school district, as applicable, and shall also aggregate the data at the district and state
             145      level:
             146          (a) except as provided in Subsection (2)(a)(ii), test scores over the previous year on:
             147          (i) norm-referenced achievement tests;
             148          (ii) criterion-referenced tests [beginning with the 2001-02 school year], to include the
             149      scores aggregated for all students by grade level or course for the previous two years and an
             150      indication of whether there was a sufficient magnitude of gain in the scores between the two
             151      years;


             152          (iii) writing assessments required under Section 53A-1-603 ; and
             153          (iv) [tenth grade] basic skills competency tests required under Section 53A-1-603 ;
             154          (b) college entrance examinations, including the number and percentage of each
             155      graduating class taking the examinations for the previous four years;
             156          (c) advanced placement and concurrent enrollment data, including:
             157          (i) the number of students taking advanced placement and concurrent enrollment
             158      courses;
             159          (ii) the number and percent of students taking a specific advanced placement course
             160      who take advanced placement tests to receive college credit for the course;
             161          (iii) of those students taking the test referred to in Subsection (2)(c)(ii), the number and
             162      percent who pass the test; and
             163          (iv) of those students taking a concurrent enrollment course, the number and percent of
             164      those who receive college credit for the course;
             165          (d) the number and percent of students through grade ten reading at or above grade
             166      level;
             167          (e) the number and percent of students who were absent from school ten days or more
             168      during the school year;
             169          (f) achievement gaps that reflect the differences in achievement of various student
             170      groups as defined by State Board of Education rule;
             171          (g) the number and percent of "student dropouts" within the district as defined by State
             172      Board of Education rule;
             173          (h) course-taking patterns and trends in secondary schools;
             174          (i) student mobility;
             175          (j) staff qualifications, to include years of professional service and the number and
             176      percent of staff who have a degree or endorsement in their assigned teaching area and the
             177      number and percent of staff who have a graduate degree;
             178          (k) the number and percent of parents who participate in SEP, SEOP, and
             179      parent-teacher conferences;
             180          (l) average class size by grade level and subject;
             181          (m) average daily attendance as defined by State Board of Education rule, including
             182      every period in secondary schools; and


             183          (n) enrollment totals disaggregated with respect to race, ethnicity, gender, limited
             184      English proficiency, and those students who qualify for free or reduced price school lunch.
             185          (3) The State Board of Education, in collaboration with the state's school districts, shall
             186      provide for the collection and electronic reporting of the following data for each school in each
             187      school district:
             188          (a) test scores and trends over the previous four years on the tests referred to in
             189      Subsection (2)(a);
             190          (b) the average grade given in each math, science, and English course in grades 9
             191      through 12 for which criteria-referenced tests are required under Section 53A-1-603 ;
             192          (c) incidents of student discipline as defined by State Board of Education rule,
             193      including suspensions, expulsions, and court referrals; and
             194          (d) the number and percent of students receiving fee waivers and the total dollar
             195      amount of fees waived.
             196          (4) (a) The State Board of Education shall adopt common definitions and data
             197      collection procedures for local school boards to use in collecting and forwarding the data
             198      required under Subsections (2) and (3) to the state superintendent of public instruction.
             199          (b) The state board, through the state superintendent of public instruction, shall adopt
             200      standard reporting forms and provide a common template for collecting and reporting the data,
             201      which shall be used by all school districts.
             202          (c) The state superintendent shall use the automated decision support system referred to
             203      in Section 53A-1-301 to collect and report the data required under Subsections (2) and (3).
             204          (5) (a) For the school year ending June 30, 2003, and for each year thereafter, the state
             205      board, through the state superintendent of public instruction, shall issue its report annually by
             206      October 1 to include the required data from the previous school year or years as indicated in
             207      Subsections (2) and (3).
             208          (b) The state board shall determine the nature and extent of longitudinal data to be
             209      reported under Subsections (2)(b), (c), and (d) and (3)(a) during the first three years of the
             210      reporting program, with the baseline reporting year beginning July 1, 2002 and ending June 30,
             211      2003.
             212          (6) (a) Each local school board shall receive a written or an electronic copy of the
             213      report from the state superintendent of public instruction containing the data for that school


             214      district in a clear summary format and have it distributed, on a one per household basis, to the
             215      residence of students enrolled in the school district before November 30th of each year.
             216          (b) Each local school board and the state board shall have a complete report of the
             217      statewide data available for copying or in an electronic format at their respective offices.




Legislative Review Note
    as of 1-16-07 12:21 PM


Office of Legislative Research and General Counsel


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