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S.B. 10

             1     

COLLEGE AND CAREER READINESS ASSESSMENT

             2     
2012 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Margaret Dayton

             5     
House Sponsor: Keith Grover

             6     
             7      LONG TITLE
             8      Committee Note:
             9          The Education Interim Committee recommended this bill.
             10      General Description:
             11          This bill modifies the Utah Performance Assessment System for Students (U-PASS),
             12      including requiring school districts and charter schools to administer college and career
             13      readiness assessments adopted by the State Board of Education.
             14      Highlighted Provisions:
             15          This bill:
             16          .    terminates the administration of a basic skills competency test to tenth grade
             17      students;
             18          .    requires school districts and charter schools to administer college and career
             19      readiness assessments adopted by the State Board of Education, which may include
             20      a test used by local universities for admission or the Armed Services Vocational
             21      Aptitude Battery;
             22          .    eliminates an assessment system pilot program;
             23          .    eliminates a requirement for the State Board of Education to analyze U-PASS test
             24      results and identify schools not meeting state-established acceptable levels of
             25      student performance;
             26          .    requires the State Board of Education to make rules providing for:
             27              .    a differentiated diploma for which the award criteria includes a student's


             28      performance on a college and career readiness assessment; and
             29              .    distribution of money appropriated for college and career readiness assessments
             30      to school districts and charter schools;
             31          .    eliminates the Basic Skills Education Stipend Program; and
             32          .    makes technical amendments.
             33      Money Appropriated in this Bill:
             34          This bill appropriates:
             35          .    to the State Board of Education, as an ongoing appropriation:
             36              .    from the Education Fund, $2,200,000.
             37      Other Special Clauses:
             38          This bill takes effect on July 1, 2012.
             39      Utah Code Sections Affected:
             40      AMENDS:
             41          53A-1-602, as last amended by Laws of Utah 2010, Chapters 11 and 305
             42          53A-1-603, as last amended by Laws of Utah 2010, Chapters 11 and 305
             43          53A-1-604, as last amended by Laws of Utah 2010, Chapter 11
             44          53A-1-605, as last amended by Laws of Utah 2010, Chapter 11
             45          53A-1-609, as last amended by Laws of Utah 1999, Chapter 336
             46          53A-1-611, as last amended by Laws of Utah 2010, Chapters 305 and 395
             47          53A-3-602.5, as last amended by Laws of Utah 2011, Chapter 321
             48          63I-2-253, as last amended by Laws of Utah 2011, Chapters 303, 330, and 419
             49      REPEALS:
             50          53A-1-612, as last amended by Laws of Utah 2011, Chapter 342
             51     
             52      Be it enacted by the Legislature of the state of Utah:
             53          Section 1. Section 53A-1-602 is amended to read:
             54           53A-1-602. Definitions.
             55          As used in this part:
             56          (1) "Basic skills course" means a subject which requires mastery of specific functions,
             57      as defined under rules made by the State Board of Education, to include reading, language arts,
             58      mathematics [through intermediate algebra], science[,] in grades 4 through 12, and


             59      effectiveness of written expression.
             60          (2) "Utah Performance Assessment System for Students" or "U-PASS" means:
             61          (a) as determined by the State Board of Education, criterion-referenced achievement
             62      testing or online computer adaptive testing of students in grades 3 through 12 in basic skills
             63      courses;
             64          (b) an online writing assessment in grades 5 and 8;
             65          (c) [a tenth grade basic skills competency test] college and career readiness
             66      assessments as detailed in Section 53A-1-611 ;
             67          (d) the use of student behavior indicators in assessing student performance; and
             68          (e) testing of students in grade 3 to measure reading grade level.
             69          Section 2. Section 53A-1-603 is amended to read:
             70           53A-1-603. Duties of State Board of Education.
             71          (1) [Except as provided in Subsection (5), the] The State Board of Education shall:
             72          (a) require each school district and charter school to implement the Utah Performance
             73      Assessment System for Students, hereafter referred to as U-PASS;
             74          (b) require the state superintendent of public instruction to submit and recommend
             75      criterion-referenced achievement tests or online computer adaptive tests, [a tenth grade basic
             76      skills competency test] college and career readiness assessments, an online writing assessment
             77      for grades 5 and 8, and a test for students in grade 3 to measure reading grade level to the board
             78      for approval and adoption and distribution to each school district and charter school by the state
             79      superintendent;
             80          (c) develop an assessment method to uniformly measure statewide performance, school
             81      district performance, and school performance of students in grades 3 through 12 in mastering
             82      basic skills courses; and
             83          (d) provide for the state to participate in the National Assessment of Educational
             84      Progress state-by-state comparison testing program.
             85          (2) [Except as provided in Subsection (5) and Subsection 53A-1-611 (6), under] Under
             86      U-PASS, the [state office] State Board of Education shall annually require [that] each school
             87      district and charter school, as applicable, to administer:
             88          (a) as determined by the State Board of Education, statewide criterion-referenced tests
             89      or online computer adaptive tests in grades 3 through 12 and courses in basic skill areas of the


             90      core curriculum;
             91          (b) an online writing assessment to all students in grades 5 and 8;
             92          (c) [a tenth grade basic skills competency test] college and career readiness
             93      assessments as detailed in Section 53A-1-611 ; and
             94          (d) a test to all students in grade 3 to measure reading grade level.
             95          (3) The board shall adopt rules for the conduct and administration of U-PASS to
             96      include the following:
             97          (a) the computation of student performance based on information that is disaggregated
             98      with respect to race, ethnicity, gender, limited English proficiency, and those students who
             99      qualify for free or reduced price school lunch;
             100          (b) security features to maintain the integrity of the system, which could include
             101      statewide uniform testing dates, multiple test forms, and test administration protocols;
             102          (c) the exemption of student test scores, by exemption category, such as limited
             103      English proficiency, mobility, and students with disabilities, with the percent or number of
             104      student test scores exempted being publically reported at a district level;
             105          (d) compiling of criterion-referenced, online computer adaptive, and online writing test
             106      scores and test score averages at the classroom level to allow for:
             107          (i) an annual review of those scores by parents of students and professional and other
             108      appropriate staff at the classroom level at the earliest point in time;
             109          (ii) the assessment of year-to-year student progress in specific classes, courses, and
             110      subjects;
             111          (iii) a teacher to review, prior to the beginning of a new school year, test scores from
             112      the previous school year of students who have been assigned to the teacher's class for the new
             113      school year; [and]
             114          [(iv)] (e) allowing a school district or charter school to have its tests administered and
             115      scored electronically to accelerate the review of test scores and their usefulness to parents and
             116      educators under [Subsections] Subsection (3)(d)[(i), (ii), and (iii)], without violating the
             117      integrity of U-PASS; and
             118          [(e)] (f) providing that[: (i)] scores on the tests and assessments required under
             119      Subsection (2)(a) shall be considered in determining a student's academic grade for the
             120      appropriate course and whether a student shall advance to the next grade level[; and].


             121          [(ii) except as provided in Subsection 53A-1-611 (6), the student's score on the tenth
             122      grade basic skills competency test shall be recorded on the student's transcript of credits.]
             123          [(4) The State Board of Education shall consider administering the basic skills
             124      competency test on a Saturday to preserve instructional time.]
             125          [(5) (a) The State Board of Education may exempt a school district or charter school
             126      from the testing requirements specified in Subsection (2) if:]
             127          [(i) the school district or charter school pilots an assessment system that incorporates
             128      the following:]
             129          [(A) online classroom-based assessment that utilizes adaptive testing;]
             130          [(B) online writing assessments in grades 4 through 12; or]
             131          [(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 (5)
             138      (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 2014 meeting of the Education Interim Committee, the State
             143      Board of Education shall submit recommendations to the committee on the state's assessment
             144      system.]
             145          [(6)] (4) (a) A school district or charter school, as applicable, is encouraged to
             146      administer an online writing assessment to students in grade 11.
             147          (b) The State Board of Education may award a grant to a school district or charter
             148      school to pay for an online writing assessment and instruction program that may be used to
             149      assess the writing of students in grade 11.
             150          [(7) (a) On or before the 2010 October meeting of the Education Interim Committee,
             151      the State Board of Education shall prepare and present its plan for a pilot program for the


             152      2010-11 and 2011-12 school years to:]
             153          [(i) replace the tenth grade basic skills competency test with computer adaptive testing
             154      of basic skills; and]
             155          [(ii) administer the ACT exam to secondary students.]
             156          [(b) The State Board of Education shall implement the pilot program described in
             157      Subsection (7)(a) for the 2010-11 and 2011-12 school years.]
             158          [(c) The State Board of Education shall re-direct the money saved by not administering
             159      the tenth grade basic skills competency test pursuant to Subsection 53A-1-611 (6) to fund the
             160      implementation of the pilot program described in Subsection (7)(b) for fiscal years 2010-11
             161      and 2011-12.]
             162          Section 3. Section 53A-1-604 is amended to read:
             163           53A-1-604. Test development, publication, and administration.
             164          (1) The State Board of Education shall develop, publish, and administer
             165      criterion-referenced tests [and a tenth grade basic skills competency test].
             166          (2) The board may use the expert services of any person in the public or private sector
             167      in:
             168          (a) evaluating current tests and assessment programs; or
             169          (b) developing, publishing, and administering new tests.
             170          Section 4. Section 53A-1-605 is amended to read:
             171           53A-1-605. Analysis of results -- Staff professional development.
             172          [(1) The State Board of Education, through the state superintendent of public
             173      instruction, shall develop a plan to analyze the results of the U-PASS scores for all grade levels
             174      and courses required under Section 53A-1-603 and the student behavior indicators referred to
             175      in Section 53A-1-602 .]
             176          [(2) The plan shall include components designed to:]
             177          [(a) assist school districts and individual schools to use the results of the analysis in
             178      planning, evaluating, and enhancing programs; and]
             179          [(b) identify schools not achieving state-established acceptable levels of student
             180      performance in order to assist those schools in raising their student performance levels.]
             181          [(3) The plan shall include provisions for statistical reporting of criterion-referenced or
             182      online computer adaptive test results at state, school district, school, and grade or course levels,


             183      and shall include actual levels of performance on tests.]
             184          [(4)] Each local school board and charter school governing board shall provide for:
             185          [(a)] (1) evaluation of the U-PASS test results and use of the evaluations in setting
             186      goals and establishing programs; and
             187          [(b)] (2) a professional development program that provides teachers, principals, and
             188      other professional staff with the training required to successfully establish and maintain
             189      U-PASS.
             190          Section 5. Section 53A-1-609 is amended to read:
             191           53A-1-609. Construction of part.
             192          [Except as otherwise provided in Section 53A-1-611 , nothing] Nothing in this part shall
             193      be construed to mean or represented to require that graduation from a high school or promotion
             194      to another grade is in any way dependent upon successful performance of any test administered
             195      as a part of the testing program established under this part.
             196          Section 6. Section 53A-1-611 is amended to read:
             197           53A-1-611. Standards and assessment processes to measure student performance
             198      -- College and career readiness assessments.
             199          (1) The Legislature recognizes the need for the State Board of Education to develop
             200      and implement standards and assessment processes to ensure that student progress is measured
             201      and that school boards and school personnel are accountable.
             202          (2) [(a)] In addition to its responsibilities under Sections 53A-1-603 through
             203      53A-1-605 , the State Board of Education[, through the state superintendent of public
             204      instruction, shall design a basic skills competency test to be administered in the tenth grade.]
             205      shall adopt college and career readiness assessments for secondary students that may include:
             206          [(b) Except as provided in Subsections (5) and (6) and Section 53A-1-1001 , a student
             207      must pass the basic skills competency test, in addition to the established requirements of the
             208      state and local board of education of the district in which the student attends school, in order to
             209      receive a basic high school diploma of graduation.]
             210          [(c) The state board shall include in the test, at a minimum, components on English
             211      language arts and reading and mathematics.]
             212          [(d) Except as provided in Subsections (5) and (6) and Section 53A-1-1001 , a student
             213      who fails to pass all components of the test may not receive a basic high school diploma but


             214      may receive a certificate of completion or alternative completion diploma under rules made by
             215      the State Board of Education in accordance with Title 63G, Chapter 3, Utah Administrative
             216      Rulemaking Act.]
             217          [(e) The state board shall make rules:]
             218          [(i) to allow students who initially fail the test to retake all or part of the test; and]
             219          [(ii) that take into account and are consistent with federal law relating to students with
             220      disabilities in the administration of the test.]
             221          [(3) The state board shall implement the tenth grade basic skills competency test, no
             222      later than the beginning of the 2003-04 school year.]
             223          (a) a test used by local universities for admission;
             224          (b) the Armed Services Vocational Aptitude Battery test; and
             225          (c) a battery of assessments that are predictive of success in higher education.
             226          (3) The State Board of Education shall require school districts and charter schools to
             227      administer the college and career readiness assessments adopted by the State Board of
             228      Education under Subsection (2) beginning with the 2012-13 school year.
             229          (4) The requirements of this section are to be complementary to the other achievement
             230      testing provisions of this part.
             231          [(5) A student enrolled in a school district or charter school that is exempt from
             232      administering the tenth grade basic skills competency test is subject to high school graduation
             233      standards adopted by the State Board of Education pursuant to Section 53A-1-603 .]
             234          [(6) (a) A student is exempt from the requirements of Subsection (2) if:]
             235          [(i) the student is enrolled in the tenth grade during:]
             236          [(A) the 2010-11 school year; or]
             237          [(B) the 2011-12 school year; or]
             238          [(ii) the student:]
             239          [(A) was enrolled in the tenth grade during:]
             240          [(I) the 2008-09 school year; or]
             241          [(II) the 2009-10 school year; and]
             242          [(B) did not pass the tenth grade basic skills competency test while the student was in
             243      tenth grade.]
             244          [(b) School districts and charter schools are exempt from administering the tenth grade


             245      basic skills competency test during the 2010-11 and 2011-12 school year.]
             246          (5) The State Board of Education shall make rules providing for:
             247          (a) a differentiated diploma for which the award criteria shall include a student's
             248      performance on a college and career readiness assessment; and
             249          (b) the distribution of money appropriated for college and career readiness assessments
             250      to school districts and charter schools.
             251          Section 7. Section 53A-3-602.5 is amended to read:
             252           53A-3-602.5. School performance report -- Components -- Annual filing.
             253          (1) For a school year beginning with or after the 2010-11 school year, the State Board
             254      of Education in collaboration with the state's school districts and charter schools shall develop
             255      a school performance report to inform the state's residents of the quality of schools and the
             256      educational achievement of students in the state's public education system.
             257          (2) The report described in Subsection (1) shall be written and include the following
             258      statistical data for each school in a school district and each charter school, as applicable, except
             259      as provided by Subsection (2)(g), and shall also aggregate the data at the school district and
             260      state level:
             261          (a) test scores over the previous year on:
             262          (i) criterion-referenced or online computer adaptive tests to include the scores
             263      aggregated for all students:
             264          (A) by grade level or course for the previous two years and an indication of whether
             265      there was a sufficient magnitude of gain in the scores between the two years; and
             266          (B) by class;
             267          (ii) online writing assessments required under Section 53A-1-603 ; and
             268          (iii) [tenth grade basic skills competency tests] college and career readiness
             269      assessments required under Section 53A-1-603 ;
             270          (b) college entrance examinations data, including the number and percentage of each
             271      graduating class taking the examinations for the previous four years;
             272          (c) advanced placement and concurrent enrollment data, including:
             273          (i) the number of students taking advanced placement and concurrent enrollment
             274      courses;
             275          (ii) the number and percent of students taking a specific advanced placement course


             276      who take advanced placement tests to receive college credit for the course;
             277          (iii) of those students taking the test referred to in Subsection (2)(c)(ii), the number and
             278      percent who pass the test; and
             279          (iv) of those students taking a concurrent enrollment course, the number and percent of
             280      those who receive college credit for the course;
             281          (d) the number and percent of students in grade 3 reading at or above grade level;
             282          (e) the number and percent of students who were absent from school 10 days or more
             283      during the school year;
             284          (f) achievement gaps that reflect the differences in achievement of various student
             285      groups as defined by State Board of Education rule;
             286          (g) the number and percent of "student dropouts" within the school district as defined
             287      by State Board of Education rule;
             288          (h) course-taking patterns and trends in secondary schools;
             289          (i) student mobility;
             290          (j) staff qualifications, to include years of professional service and the number and
             291      percent of staff who have a degree or endorsement in their assigned teaching area and the
             292      number and percent of staff who have a graduate degree;
             293          (k) the number and percent of parents who participate in SEP, SEOP, and
             294      parent-teacher conferences;
             295          (l) average class size calculated in accordance with State Board of Education rule
             296      adopted under Subsection (4);
             297          (m) average daily attendance as defined by State Board of Education rule, including
             298      every period in secondary schools; and
             299          (n) enrollment totals disaggregated with respect to race, ethnicity, gender, limited
             300      English proficiency, and those students who qualify for free or reduced price school lunch.
             301          (3) For a school year beginning with or after the 2010-11 school year, the State Board
             302      of Education, in collaboration with the state's school districts and charter schools, shall provide
             303      for the collection and electronic reporting of the following data for a school in each school
             304      district and each charter school:
             305          (a) test scores and trends over the previous four years on the tests referred to in
             306      Subsection (2)(a);


             307          (b) the average grade given in each math, science, and English course in grades 9
             308      through 12 for which criterion-referenced or online computer adaptive tests are required under
             309      Section 53A-1-603 ;
             310          (c) incidents of student discipline as defined by State Board of Education rule,
             311      including suspensions, expulsions, and court referrals; and
             312          (d) the number and percent of students receiving fee waivers and the total dollar
             313      amount of fees waived.
             314          (4) (a) The State Board of Education shall adopt common definitions and data
             315      collection procedures for local school boards and charter schools to use in collecting and
             316      forwarding the data required under Subsections (2) and (3) to the state superintendent of public
             317      instruction.
             318          (b) (i) In accordance with Subsections (4)(b)(ii) through (4)(b)(iv), the State Board of
             319      Education shall adopt rules specifying how average class size shall be calculated.
             320          (ii) (A) Except as provided by Subsections (4)(b)(ii)(B) through (4)(b)(ii)(D) or for
             321      nontraditional classes identified by rule, average class size at the elementary school level shall:
             322          (I) be calculated by grade level; and
             323          (II) indicate the average number of students who are assigned to a teacher for
             324      instruction together during a designated time period.
             325          (B) If students at the elementary school level receive instruction in core classes from
             326      different teachers, average class size may be calculated as provided by Subsection (4)(b)(iii) for
             327      secondary school students.
             328          (C) An elementary school class that includes students from multiple grade levels shall
             329      be counted as a single class.
             330          (D) An extended day class in which a portion of the class arrives early and the other
             331      portion stays late shall be counted as a single class.
             332          (iii) (A) Except as provided by Subsection (4)(b)(iii)(B) or for nontraditional classes
             333      identified by rule, average class size at the secondary school level shall:
             334          (I) be calculated for core language arts, mathematics, and science courses; and
             335          (II) indicate the average number of students who are assigned to a teacher for
             336      instruction together during a designated time period.
             337          (B) A secondary school class in which a teacher provides instruction in multiple


             338      courses shall be counted as a single class.
             339          (iv) Special education classes and online classes shall be excluded when determining
             340      average class size by grade at the elementary school level or the average class size of core
             341      language arts, mathematics, and science courses at the secondary level.
             342          (c) The State Board of Education, through the state superintendent of public
             343      instruction, shall adopt standard reporting forms and provide a common template for collecting
             344      and reporting the data, which shall be used by all school districts and charter schools.
             345          (d) The state superintendent shall use the automated decision support system referred
             346      to in Section 53A-1-301 to collect and report the data required under Subsections (2) and (3).
             347          (5) [(a)] For a school year beginning with or after the 2010-11 school year, the State
             348      Board of Education, through the state superintendent of public instruction, shall issue its report
             349      annually by October 1 to include the required data from the previous school year or years as
             350      indicated in Subsections (2) and (3).
             351          [(b) The State Board of Education shall publish on the State Board of Education's
             352      website U-PASS school reports for the 2009-10 school year that indicate the academic
             353      proficiency and progress of a school's students and whether the school meets state standards of
             354      performance.]
             355          (6) (a) Each local school board and each charter school shall receive a written or an
             356      electronic copy of the report from the state superintendent of public instruction containing the
             357      data for that school district or charter school in a clear summary format and have it distributed,
             358      on a one per household basis, to the residence of students enrolled in the school district or
             359      charter school before November 30th of each year.
             360          (b) Each local school board, each charter school, and the State Board of Education
             361      shall have a complete report of the statewide data available for copying or in an electronic
             362      format at their respective offices.
             363          Section 8. Section 63I-2-253 is amended to read:
             364           63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
             365          (1) Section 53A-1-403.5 is repealed July 1, 2012.
             366          [(2) Subsection 53A-1-603 (5) is repealed July 1, 2015.]
             367          [(3)] (2) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2014.
             368          [(4)] (3) Subsection 53A-13-110 (4) is repealed July 1, 2013.


             369          [(5)] (4) Section 53A-15-1215 is repealed July 1, 2012.
             370          Section 9. Repealer.
             371          This bill repeals:
             372          Section 53A-1-612, Basic Skills Education Stipend Program.
             373          Section 10. Appropriation.
             374          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
             375      following sums of money are appropriated from resources not otherwise appropriated out of the
             376      funds or accounts indicated for the fiscal year beginning July 1, 2012, and ending June 30,
             377      2013. These are additions to amounts previously appropriated for fiscal year 2012-13.
             378      To State Board of Education $2,200,000
             379      Schedule of Programs:
             380      Student Achievement $2,200,000
             381          The Legislature intends that the $2,200,000 appropriated to the State Board of
             382      Education for the Student Achievement program be used for college and career readiness
             383      assessments, including the State Board of Education's administration and evaluation of college
             384      and career readiness assessments.
             385          Section 11. Effective date.
             386          This bill takes effect on July 1, 2012.




Legislative Review Note
    as of 10-20-11 8:35 AM


Office of Legislative Research and General Counsel


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