S.B. 16

1

UTAH PERFORMANCE ASSESSMENT SYSTEM
2 FOR STUDENTS (U-PASS) AMENDMENTS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Howard A. Stephenson
6 House Sponsor: Gregory H. Hughes
7
8 LONG TITLE
9 Committee Note:
10 The Education Interim Committee recommended this bill.
11 General Description:
12 This bill modifies the Utah Performance Assessment System for Students (U-PASS) by
13 allowing the use of online computer adaptive tests, extending a pilot assessment system,
14 and eliminating certain tests.
15 Highlighted Provisions:
16 This bill:
17 . provides for the statewide assessment of students in grades 2-12 in basic skills
18 courses using criterion-referenced tests or online computer adaptive tests, as
19 determined by the State Board of Education;
20 . allows the State Board of Education to exempt a school district or charter school
21 from one or more of the Utah Performance Assessment System for Students
22 (U-PASS) testing requirements if the school district or charter school pilots an
23 assessment system that incorporates certain assessments;
24 . eliminates a cap on the number of school districts and charter schools that may
25 participate in a pilot assessment system;
26 . extends the pilot assessment systems through July 1, 2015;
27 . eliminates the requirement to administer a statewide norm-referenced test in grades

28 3, 5, and 8; and
29 . makes technical amendments.
30 Monies Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 None
34 Utah Code Sections Affected:
35 AMENDS:
36 53A-1-602, as last amended by Laws of Utah 2009, Chapter 300
37 53A-1-603, as last amended by Laws of Utah 2009, Chapter 300
38 53A-1-604, as last amended by Laws of Utah 2009, Chapter 300
39 53A-1-605, as last amended by Laws of Utah 2009, Chapter 300
40 53A-3-602.5, as last amended by Laws of Utah 2009, Chapters 299 and 300
41 63I-2-253, as last amended by Laws of Utah 2008, Second Special Session, Chapter 6
42
43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 53A-1-602 is amended to read:
45 53A-1-602. Definitions.
46 As used in this part:
47 [(1) (a) "Achievement test" means a standardized test which measures or attempts to
48 measure the level of performance which a student has attained in one or more courses of
49 study.]
50 [(b) "Achievement test" includes a norm-referenced or criterion-referenced test.]
51 [(2)] (1) "Basic skills course" means a subject which requires mastery of specific
52 functions, as defined under rules made by the State Board of Education, to include reading,
53 language arts, mathematics through intermediate algebra, science, in grades 4 through 12, and
54 effectiveness of written expression.
55 [(3)] (2) "Utah Performance Assessment System for Students" or "U-PASS" means:
56 [(a) systematic norm-referenced achievement testing of all students in grades 3, 5, and
57 8 required by this part in all schools within each school district by means of tests designated by
58 the State Board of Education;]

59 [(b)] (a) as determined by the State Board of Education, criterion-referenced
60 achievement testing or online computer adaptive testing of students in grades 2 through 12 in
61 basic skills courses;
62 [(c)] (b) an online writing assessment in grades 5 and 8;
63 [(d)] (c) a tenth grade basic skills competency test as detailed in Section 53A-1-611 ;
64 [(e)] (d) the use of student behavior indicators in assessing student performance; and
65 [(f)] (e) [beginning with the 2007-08 school year,] testing of students in grade 3 to
66 measure reading grade level.
67 Section 2. Section 53A-1-603 is amended to read:
68 53A-1-603. Duties of State Board of Education.
69 (1) Except as provided in Subsection (5), the State Board of Education shall:
70 (a) require each school district and charter school to implement the Utah Performance
71 Assessment System for Students, hereafter referred to as U-PASS;
72 (b) require the state superintendent of public instruction to submit and recommend
73 criterion-referenced [and norm-referenced] achievement tests or online computer adaptive
74 tests, a tenth grade basic skills competency test, an online writing assessment for grades 5 and
75 8, and a test for students in grade 3 to measure reading grade level to the board for approval
76 and adoption and distribution to each school district and charter school by the state
77 superintendent;
78 (c) develop an assessment method to uniformly measure statewide performance, school
79 district performance, and school performance of students in grades 2 through 12 in mastering
80 basic skills courses; and
81 (d) provide for the state to participate in the National Assessment of Educational
82 Progress state-by-state comparison testing program.
83 (2) Except as provided in Subsection (5), under U-PASS, the state office shall annually
84 require that each district and charter school, as applicable, administer:
85 [(a) a statewide norm-referenced test to all students in grades 3, 5, and 8;]
86 [(b)] (a) as determined by the State Board of Education, statewide criterion-referenced
87 tests or online computer adaptive tests in grades 2 through 12 and courses in basic skill areas of
88 the core curriculum;
89 [(c)] (b) an online writing assessment to all students in grades 5 and 8;

90 [(d)] (c) a tenth grade basic skills competency test as detailed in Section 53A-1-611 ;
91 and
92 [(e)] (d) a test to all students in grade 3 to measure reading grade level.
93 (3) The board shall adopt rules for the conduct and administration of U-PASS to
94 include the following:
95 (a) the computation of student performance based on information that is disaggregated
96 with respect to race, ethnicity, gender, limited English proficiency, and those students who
97 qualify for free or reduced price school lunch;
98 (b) security features to maintain the integrity of the system, which could include
99 statewide uniform testing dates, multiple test forms, and test administration protocols;
100 (c) the exemption of student test scores, by exemption category, such as limited
101 English proficiency, mobility, and students with disabilities, with the percent or number of
102 student test scores exempted being publically reported at a district level;
103 (d) compiling of criterion-referenced, online computer adaptive, and online writing test
104 scores and test score averages at the classroom level to allow for:
105 (i) an annual review of those scores by parents of students and professional and other
106 appropriate staff at the classroom level at the earliest point in time;
107 (ii) the assessment of year-to-year student progress in specific classes, courses, and
108 subjects;
109 (iii) a teacher to review, prior to the beginning of a new school year, test scores from
110 the previous school year of students who have been assigned to the teacher's class for the new
111 school year; and
112 (iv) allowing a school district or charter school to have its tests administered and
113 scored electronically to accelerate the review of test scores and their usefulness to parents and
114 educators under Subsections (3)(d)(i), (ii), and (iii), without violating the integrity of U-PASS;
115 and
116 (e) providing that:
117 (i) scores on the tests and assessments required under Subsection (2)[(b)](a) shall be
118 considered in determining a student's academic grade for the appropriate course and whether a
119 student shall advance to the next grade level; and
120 (ii) the student's score on the tenth grade basic skills competency test shall be recorded

121 on the student's transcript of credits.
122 (4) The State Board of Education shall consider administering the basic skills
123 competency test on a Saturday to preserve instructional time.
124 (5) (a) The State Board of Education may exempt a school district or charter school
125 from the testing requirements specified in Subsection (2) if:
126 (i) the school district or charter school pilots an assessment system that incorporates
127 the following:
128 [(i)] (A) online classroom-based assessment that utilizes adaptive testing [in all
129 grades];
130 [(ii)] (B) online writing assessments in grades 4 through 12; [and] or
131 [(iii)] (C) assessments administered in grades 8, 10, and 11 to determine readiness for
132 postsecondary education[.];
133 (ii) the State Board of Education approves the specific assessment administered under
134 Subsection (5)(a)(i) and the assessment provider; and
135 (iii) the school district or charter school verifies the local fiscal capability and
136 resources needed to participate in the pilot assessment system.
137 (b) A school district or charter school that receives an exemption under Subsection
138 (5)(a) is subject to an accountability plan and high school graduation standards that are:
139 (i) based on the school district's or charter school's assessment system, which may
140 include assessments described in Subsection (2) or Subsections (5)(a)(i) through (iii); and
141 (ii) developed and adopted by the State Board of Education.
142 (c) By the November [2009] 2014 meeting of the Education Interim Committee, the
143 State Board of Education shall submit recommendations to the committee on the state's
144 assessment system.
145 [(d) The State Board of Education may only provide the following exemptions under
146 this Subsection (5):]
147 [(i) up to three rural school districts;]
148 [(ii) up to two urban school districts; and]
149 [(iii) up to five charter schools.]
150 (6) (a) A school district or charter school, as applicable, is encouraged to administer an
151 online writing assessment to students in grade 11.

152 (b) The State Board of Education may award a grant to a school district or charter
153 school to pay for an online writing assessment and instruction program that may be used to
154 assess the writing of students in grade 11.
155 Section 3. Section 53A-1-604 is amended to read:
156 53A-1-604. Test development, publication, and administration.
157 (1) The State Board of Education shall develop, publish, and administer
158 criterion-referenced tests and [other assessments referred to in Subsections 53A-1-603 (2)(c)
159 and (d) of its own devising and incorporate a norm-referenced test into U-PASS] a tenth grade
160 basic skills competency test.
161 (2) The board may use the expert services of any [persons or groups of persons] person
162 in the public or private sector in:
163 (a) evaluating current tests and assessment programs[, in]; or
164 (b) developing, publishing, and administering new tests[, or both].
165 Section 4. Section 53A-1-605 is amended to read:
166 53A-1-605. Analysis of results -- Staff professional development.
167 (1) The State Board of Education, through the state superintendent of public
168 instruction, shall develop a plan to analyze the results of the U-PASS scores for all grade levels
169 and courses required under Section 53A-1-603 and the student behavior indicators referred to
170 in [Subsection] Section 53A-1-602 [(3)].
171 (2) The plan shall include components designed to:
172 (a) assist school districts and individual schools to use the results of the analysis in
173 planning, evaluating, and enhancing programs [within the district]; and
174 (b) [for the 2003-04 school year and for each year thereafter,] identify schools not
175 achieving state-established acceptable levels of student performance in order to assist those
176 schools in raising their student performance levels.
177 (3) The plan shall include provisions for statistical reporting of [data as follows:(a)
178 norm-referenced tests results shall be reported at the state, district, school, and grade levels,
179 and shall include actual levels of performance on tests; and (b)] criterion-referenced [tests] or
180 online computer adaptive test results [shall be reported] at state, school district, school, and
181 grade or course levels, and shall include actual levels of performance on tests.
182 (4) Each local school board and charter school governing board shall provide for:

183 (a) [district] evaluation of the U-PASS test results and use of the evaluations in setting
184 goals and establishing programs [for the district and each school within the district]; and
185 (b) a professional development program that provides teachers, principals, and other
186 professional staff [employed by the school district] with the training required to successfully
187 establish and maintain U-PASS.
188 Section 5. Section 53A-3-602.5 is amended to read:
189 53A-3-602.5. School performance report -- Components -- Annual filing.
190 (1) The State Board of Education in collaboration with the state's school districts and
191 charter schools shall develop a school performance report to inform the state's residents of the
192 quality of schools and the educational achievement of students in the state's public education
193 system.
194 (2) The report shall be written and include the following statistical data for each school
195 in [each] a school district and each charter school, as applicable, except as provided by
196 Subsection (2)(g), and shall also aggregate the data at the school district and state level:
197 (a) [except as provided in Subsection (2)(a)(ii),] test scores over the previous year on:
198 [(i) norm-referenced achievement tests;]
199 [(ii)] (i) criterion-referenced or online computer adaptive tests to include the scores
200 aggregated for all students:
201 (A) by grade level or course for the previous two years and an indication of whether
202 there was a sufficient magnitude of gain in the scores between the two years; and
203 (B) by class;
204 [(iii)] (ii) online writing assessments required under Section 53A-1-603 ; and
205 [(iv)] (iii) tenth grade basic skills competency tests required under Section 53A-1-603 ;
206 (b) college entrance examinations data, including the number and percentage of each
207 graduating class taking the examinations for the previous four years;
208 (c) advanced placement and concurrent enrollment data, including:
209 (i) the number of students taking advanced placement and concurrent enrollment
210 courses;
211 (ii) the number and percent of students taking a specific advanced placement course
212 who take advanced placement tests to receive college credit for the course;
213 (iii) of those students taking the test referred to in Subsection (2)(c)(ii), the number and

214 percent who pass the test; and
215 (iv) of those students taking a concurrent enrollment course, the number and percent of
216 those who receive college credit for the course;
217 (d) the number and percent of students in grade 3 reading at or above grade level;
218 (e) the number and percent of students who were absent from school 10 days or more
219 during the school year;
220 (f) achievement gaps that reflect the differences in achievement of various student
221 groups as defined by State Board of Education rule;
222 (g) the number and percent of "student dropouts" within the school district as defined
223 by State Board of Education rule;
224 (h) course-taking patterns and trends in secondary schools;
225 (i) student mobility;
226 (j) staff qualifications, to include years of professional service and the number and
227 percent of staff who have a degree or endorsement in their assigned teaching area and the
228 number and percent of staff who have a graduate degree;
229 (k) the number and percent of parents who participate in SEP, SEOP, and
230 parent-teacher conferences;
231 (l) average class size by grade level and subject;
232 (m) average daily attendance as defined by State Board of Education rule, including
233 every period in secondary schools; and
234 (n) enrollment totals disaggregated with respect to race, ethnicity, gender, limited
235 English proficiency, and those students who qualify for free or reduced price school lunch.
236 (3) The State Board of Education, in collaboration with the state's school districts and
237 charter schools, shall provide for the collection and electronic reporting of the following data
238 for [each] a school in each school district and each charter school:
239 (a) test scores and trends over the previous four years on the tests referred to in
240 Subsection (2)(a);
241 (b) the average grade given in each math, science, and English course in grades 9
242 through 12 for which [criteria-referenced] criterion-referenced or online computer adaptive
243 tests are required under Section 53A-1-603 ;
244 (c) incidents of student discipline as defined by State Board of Education rule,

245 including suspensions, expulsions, and court referrals; and
246 (d) the number and percent of students receiving fee waivers and the total dollar
247 amount of fees waived.
248 (4) (a) (i) The State Board of Education shall adopt common definitions and data
249 collection procedures for local school boards and charter schools to use in collecting and
250 forwarding the data required under Subsections (2) and (3) to the state superintendent of public
251 instruction.
252 (ii) Average class size by grade and subject shall be calculated for the purposes of
253 Subsection (2)(l) in accordance with the following:
254 (A) for kindergarten through grade six, average class size by grade shall be calculated
255 by dividing grade membership on October 1 by the number of classes in the corresponding
256 grade; and
257 (B) for grades seven through 12, average class size shall be calculated for core
258 language arts, mathematics, and science courses by dividing membership on October 1 in core
259 language arts, mathematics, or science course classes by the number of classes for the
260 corresponding course.
261 (b) The [state board] State Board of Education, through the state superintendent of
262 public instruction, shall adopt standard reporting forms and provide a common template for
263 collecting and reporting the data, which shall be used by all school districts and charter schools.
264 (c) The state superintendent shall use the automated decision support system referred to
265 in Section 53A-1-301 to collect and report the data required under Subsections (2) and (3).
266 (5) The [state board] State Board of Education, through the state superintendent of
267 public instruction, shall issue its report annually by October 1 to include the required data from
268 the previous school year or years as indicated in Subsections (2) and (3).
269 (6) (a) Each local school board and each charter school shall receive a written or an
270 electronic copy of the report from the state superintendent of public instruction containing the
271 data for that school district or charter school in a clear summary format and have it distributed,
272 on a one per household basis, to the residence of students enrolled in the school district or
273 charter school before November 30th of each year.
274 (b) Each local school board, each charter school, and the [state board] State Board of
275 Education shall have a complete report of the statewide data available for copying or in an

276 electronic format at their respective offices.
277 Section 6. Section 63I-2-253 is amended to read:
278 63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
279 (1) Section 53A-1-403.5 is repealed July 1, 2012.
280 (2) Subsection 53A-1-603 (5) is repealed July 1, [2010] 2015.
281 (3) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2014.
282 [(4) Section 53A-3-702 is repealed July 1, 2008.]
283 [(5) Section 53A-6-112 is repealed July 1, 2009.]
284 [(6)] (4) Subsection 53A-13-110 [(3)](4) is repealed July 1, 2013.
285 [(7)] (5) Section 53A-17a-152 is repealed July 1, 2010.
286 [(8)] (6) Section 53A-17a-162 is repealed July 1, 2012.




Legislative Review Note
as of 10-26-09 10:23 AM

Office of Legislative Research and General Counsel