S.B. 97 Enrolled

1

GRANTS FOR ONLINE TESTING
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Aaron Osmond
5 House Sponsor: Bill Wright
6
7 LONG TITLE
8 General Description:
9 This bill provides for grants to school districts and charter schools to implement online
10 testing systems.
11 Highlighted Provisions:
12 This bill:
13 . provides for grants to school districts and charter schools to implement a uniform
14 online summative test system, an online adaptive test system, or both; and
15 . requires a grant recipient to:
16 . implement, by the 2014-15 school year, an online adaptive test system that
17 meets technology standards established by the State Board of Education and is
18 aligned with Utah's common core; and
19 . provide matching funds to implement a uniform online summative test system,
20 an online adaptive test system, or both in an amount that is greater than or equal
21 to the grant received.
22 Money Appropriated in this Bill:
23 This bill appropriates:
24 . to the State Board of Education - Utah State Office of Education - Initiative
25 Programs, as a one-time appropriation for fiscal year 2012-13:
26 . $7,600,000 from the Education Fund.
27 Other Special Clauses:
28 This bill takes effect on July 1, 2012.
29 Utah Code Sections Affected:

30 AMENDS:
31 53A-1-708, as last amended by Laws of Utah 2011, Chapters 342 and 359
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 53A-1-708 is amended to read:
35 53A-1-708. Grants for online delivery of U-PASS tests.
36 (1) As used in this section:
37 (a) "Adaptive tests" means tests administered during the school year using an online
38 adaptive test system.
39 [(a)] (b) "Summative tests" means tests administered near the end of a course to assess
40 overall achievement of course goals.
41 [(b)] (c) "Uniform online summative test system" means a single system for the online
42 delivery of summative tests required under U-PASS that:
43 (i) is coordinated by the Utah State Office of Education;
44 (ii) ensures the reliability and security of U-PASS tests; and
45 (iii) is selected through collaboration between Utah State Office of Education and
46 school district representatives with expertise in technology, assessment, and administration.
47 [(c)] (d) "U-PASS" means the Utah Performance Assessment System for Students.
48 (e) "Utah's common core" means the core set of English language arts and mathematics
49 standards developed and adopted by the State Board of Education that define the knowledge
50 and skills students should have in kindergarten through grade 12 to enable them to be prepared
51 for college or workforce training.
52 (2) The State Board of Education may award grants to school districts and charter
53 schools to implement one or both of the following:
54 (a) a uniform online summative test system to enable parents of students and school
55 staff to review U-PASS test scores by the end of the school year[.]; or
56 (b) an online adaptive test system to enable parents of students and school staff to
57 measure and monitor a student's academic progress during a school year.

58 (3) (a) Grant money may be used to pay for any of the following, provided it is directly
59 related to implementing a uniform online summative test system, an online adaptive test
60 system, or both:
61 (i) computer equipment and peripherals, including electronic data capture devices
62 designed for electronic test administration and scoring;
63 (ii) software;
64 (iii) networking equipment;
65 (iv) upgrades of existing equipment or software;
66 (v) upgrades of existing physical plant facilities;
67 (vi) personnel to provide technical support or coordination and management; and
68 (vii) teacher professional development.
69 (b) Equipment purchased in compliance with Subsection (3)(a), when not in use for the
70 online delivery of summative tests or adaptive tests required under U-PASS may be used for
71 other purposes.
72 [(4) The State Board of Education may award grants only to school districts and charter
73 schools that intend to implement a uniform online summative test system.]
74 [(5)] (4) The State Board of Education shall make rules:
75 (a) establishing procedures for applying for and awarding grants;
76 (b) specifying how grant money shall be allocated among school districts and charter
77 schools [that qualify to receive grants under Subsection (4); and];
78 (c) requiring reporting of grant money expenditures and evidence showing that the
79 grant money has been used to implement a uniform online summative test system[.], an online
80 adaptive test system, or both;
81 (d) establishing technology standards for an online adaptive testing system;
82 (e) requiring a school district or charter school that receives a grant under this section
83 to implement, in compliance with Chapter 13, Part 3, Utah Family Educational Rights and
84 Privacy Act, an online adaptive test system by the 2014-15 school year that:
85 (i) meets the technology standards established under Subsection (4)(d); and

86 (ii) is aligned with Utah's common core;
87 (f) requiring a school district or charter school to provide matching funds to implement
88 a uniform online summative test system, an online adaptive test system, or both in an amount
89 that is greater than or equal to the amount of a grant received under this section; and
90 (g) assuring that student identifiable data is not released to any person, except as
91 provided by Section 53A-13-301 and rules of the State Board of Education adopted under that
92 section.
93 [(6)] (5) If a school district or charter school uses grant money for purposes other than
94 those stated in Subsection (3), the school district or charter school is liable for reimbursing the
95 State Board of Education in the amount of the grant money improperly used.
96 (6) A school district or charter school may not use federal funds to provide the
97 matching funds required to receive a grant under this section.
98 (7) A school district may not impose a tax rate above the certified tax rate for the
99 purpose of generating revenue to provide matching funds for a grant under this section.
100 Section 2. Appropriation.
101 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
102 following sums of money are appropriated from resources not otherwise appropriated out of the
103 funds or accounts indicated for the fiscal year beginning July 1, 2012, and ending June 30,
104 2013. These are additions to amounts previously appropriated for fiscal year 2012-13.
105 To the State Board of Education - Utah State Office of Education - Initiative Programs
106 From Education Fund, One-time

$7,600,000

107 Schedule of Programs:
108 Contracts and Grants $7,600,000
109 The Legislature intends that the State Board of Education allocate the $7,600,000
110 appropriated for Contracts and Grants to award grants to school districts and charter schools to
111 implement a uniform online summative test system, an online adaptive test system, or both
112 pursuant to Section 53A-1-708 .
113 Section 3. Effective date.

114 This bill takes effect on July 1, 2012.