S.B. 69

1

ASSESSMENT AND REPORTING OF STUDENT
2 PERFORMANCE
3 2013 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ralph Okerlund
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to the assessment of student performance and the
11 reporting of student performance data.
12 Highlighted Provisions:
13 This bill:
14 . amends provisions relating to a computer adaptive assessment system, including:
15 . modifying the date when a school district or charter school is required to
16 administer computer adaptive testing;
17 . requiring computer adaptive assessments to be aligned with Utah's core
18 standards; and
19 . deleting the requirement that the State Board of Education make rules pertaining
20 to the award of money to school districts and charter schools for the purchase of
21 computer adaptive tests;
22 . modifies provisions relating to the reporting of U-PASS test results, including:
23 . requiring the State Board of Education to provide a public electronic data
24 system that includes U-PASS test results;
25 . requiring a school district or school to provide a password protected electronic
26 data system to provide U-PASS test results to professional and other appropriate
27 staff and a student's parent or guardian; and

28 . imposing requirements regarding the data that may be accessed by the public,
29 professional, and other appropriate staff, and a student's parent or guardian;
30 . modifies the content of a school performance report, which includes information
31 about the academic achievement and demographic characteristics of a school's
32 students;
33 . modifies procedures for publicly disclosing a school performance report; and
34 . requires the State Board of Education, in meeting reporting requirements of a school
35 performance report, to protect each student's privacy by not revealing personally
36 identifiable information about a student.
37 Money Appropriated in this Bill:
38 None
39 Other Special Clauses:
40 None
41 Utah Code Sections Affected:
42 AMENDS:
43 53A-1-602, as last amended by Laws of Utah 2012, Chapter 394
44 53A-1-603, as last amended by Laws of Utah 2012, Chapters 394 and 407
45 53A-3-602.5, as last amended by Laws of Utah 2011, Chapter 321
46 REPEALS AND REENACTS:
47 53A-1-607, as last amended by Laws of Utah 2009, Chapter 299
48
49 Be it enacted by the Legislature of the state of Utah:
50 Section 1. Section 53A-1-602 is amended to read:
51 53A-1-602. Definitions.
52 As used in this part:
53 (1) "Basic skills course" means a subject which requires mastery of specific functions,
54 as defined under rules made by the State Board of Education, to include reading, language arts,
55 mathematics, science in grades 4 through 12, and effectiveness of written expression.
56 [(2) "Utah's common core" means the core set of English language arts and
57 mathematics standards developed and adopted by the State Board of Education which define
58 the knowledge and skills students should have in kindergarten through grade 12 to enable them

59 to be prepared for college or workforce training.]
60 [(3)] (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 as detailed in Section 53A-1-611 ;
66 (d) the use of student behavior indicators in assessing student performance; and
67 (e) testing of students in grade 3 to measure reading grade level.
68 Section 2. Section 53A-1-603 is amended to read:
69 53A-1-603. Duties of State Board of Education.
70 (1) The State Board of Education shall:
71 (a) require each school district and charter school to implement the Utah Performance
72 Assessment System for Students, hereafter referred to as U-PASS;
73 (b) require the state superintendent of public instruction to submit and recommend
74 criterion-referenced achievement tests or online computer adaptive tests, a tenth grade basic
75 skills competency test, an online writing assessment for grades 5 and 8, and a test for students
76 in grade 3 to measure reading grade level to the board for approval and adoption and
77 distribution to each school district and charter school by the state superintendent;
78 (c) develop an assessment method to uniformly measure statewide performance, school
79 district performance, and school performance of students in grades 3 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 (3) and Subsection 53A-1-611 (5), under
84 U-PASS, the State Board of Education shall annually require each school district and charter
85 school, as applicable, to administer:
86 (a) as determined by the State Board of Education, statewide criterion-referenced tests
87 or online computer adaptive tests in grades 3 through 12 and courses in basic skill areas of the
88 core curriculum;
89 (b) an online writing assessment to all students in grades 5 and 8;

90 (c) a tenth grade basic skills competency test as detailed in Section 53A-1-611 ; and
91 (d) a test to all students in grade 3 to measure reading grade level.
92 (3) [Beginning with] No later than the 2014-15 school year, the State Board of
93 Education shall annually require each school district and charter school, as applicable, to
94 administer a computer adaptive assessment system that is:
95 (a) adopted by the State Board of Education; and
96 (b) aligned to Utah's [common] core standards.
97 (4) The board shall adopt rules for the conduct and administration of U-PASS to
98 include the following:
99 (a) the computation of student performance based on information that is disaggregated
100 with respect to race, ethnicity, gender, limited English proficiency, and those students who
101 qualify for free or reduced price school lunch;
102 (b) security features to maintain the integrity of the system, which could include
103 statewide uniform testing dates, multiple test forms, and test administration protocols;
104 (c) the exemption of student test scores, by exemption category, such as limited
105 English proficiency, mobility, and students with disabilities, with the percent or number of
106 student test scores exempted being publically reported at a district level;
107 (d) compiling of criterion-referenced, online computer adaptive, and online writing test
108 scores and test score averages at the classroom level to allow for:
109 (i) an annual review of those scores by [parents of students and] professional and other
110 appropriate staff at the classroom level, and a review of a student's scores by the student's
111 parent or guardian, at the earliest point in time;
112 (ii) the assessment of year-to-year student progress in specific classes, courses, and
113 subjects;
114 (iii) a teacher to review, prior to the beginning of a new school year, test scores from
115 the previous school year of students who have been assigned to the teacher's class for the new
116 school year;
117 (e) allowing a school district or charter school to have its tests administered and scored
118 electronically to accelerate the review of test scores and their usefulness to parents and
119 educators under Subsection (4)(d), without violating the integrity of U-PASS; and
120 (f) providing that:

121 (i) scores on the tests and assessments required under Subsection (2)(a) and Subsection
122 (3) shall be considered in determining a student's academic grade for the appropriate course and
123 whether a student shall advance to the next grade level; and
124 (ii) except as provided in Subsection 53A-1-611 (5), the student's score on the tenth
125 grade basic skills competency test shall be recorded on the student's transcript of credits.
126 (5) The State Board of Education shall consider administering the basic skills
127 competency test on a Saturday to preserve instructional time.
128 (6) (a) A school district or charter school, as applicable, is encouraged to administer an
129 online writing assessment to students in grade 11.
130 (b) The State Board of Education may award a grant to a school district or charter
131 school to pay for an online writing assessment and instruction program that may be used to
132 assess the writing of students in grade 11.
133 [(7) The State Board of Education shall make rules:]
134 [(a) establishing procedures for applying for and awarding money for computer
135 adaptive tests;]
136 [(b) specifying how money for computer adaptive tests shall be allocated among school
137 districts and charter schools that qualify to receive the money; and]
138 [(c) requiring reporting of the expenditure of money awarded for computer adaptive
139 testing and evidence that the money was used to implement computer adaptive testing.]
140 [(8)] (7) The State Board of Education shall assure that computer adaptive tests are
141 administered in compliance with the requirements of Chapter 13, Part 3, Utah Family
142 Educational Rights and Privacy Act.
143 [(9)] (8) (a) The State Board of Education shall establish a committee consisting of 15
144 parents of Utah public education students to review all computer adaptive test questions.
145 (b) The committee established in Subsection [(9)] (8)(a) shall include the following
146 parent members:
147 (i) five members appointed by the chair of the State Board of Education;
148 (ii) five members appointed by the speaker of the House of Representatives; and
149 (iii) five members appointed by the president of the Senate.
150 (c) The State Board of Education shall provide staff support to the parent committee.
151 (d) The term of office of each member appointed in Subsection [(9)] (8)(b) is four

152 years.
153 (e) The chair of the State Board of Education, the speaker of the House of
154 Representatives, and the president of the Senate shall adjust the length of terms to stagger the
155 terms of committee members so that approximately 1/2 of the committee members are
156 appointed every two years.
157 (f) No member may receive compensation or benefits for the member's service on the
158 committee.
159 [(10)] (9) (a) School districts and charter schools shall require each licensed employee
160 to complete two hours of professional development on youth suicide prevention within their
161 license cycle in accordance with Section 53A-6-104 .
162 (b) The State Board of Education shall develop or adopt sample materials to be used by
163 a school district or charter school for professional development training on youth suicide
164 prevention.
165 (c) The training required by this Subsection [(10)] (9) shall be incorporated into
166 professional development training required by rule in accordance with Section 53A-6-104 .
167 Section 3. Section 53A-1-607 is repealed and reenacted to read:
168 53A-1-607. Reporting of assessment results.
169 (1) A school district or charter school shall submit answer sheets or electronic
170 assessment results for an assessment required by U-PASS to the state superintendent or the
171 State Board of Education approved assessment contractor for scoring as directed by the state
172 superintendent or the state superintendent's designee.
173 (2) (a) The State Board of Education shall provide a public electronic data system that
174 shall include annual and longitudinal test results for assessments required by U-PASS.
175 (b) (i) Except as provided in Subsection (2)(b)(ii), the public electronic data system
176 shall provide disaggregated data at the state, school district, school, and grade or course levels.
177 (ii) Grade or course level test scores for a school may not be provided if fewer than two
178 classes of a course, or within a grade level, are taught.
179 (3) (a) A school district or school shall provide a password protected electronic data
180 system that shall include annual and longitudinal test results for assessments required by
181 U-PASS.
182 (b) The password protected electronic data system shall provide disaggregated data at

183 the school district, school, grade or course, classroom, and student levels.
184 (c) Access to the data system described in this Subsection (3) shall:
185 (i) be limited to professional and other appropriate staff; and
186 (ii) comply with the requirements of the Family Educational Rights and Privacy Act,
187 20 U.S.C. Sec. 1232g.
188 (4) A school district or school shall provide a password protected electronic
189 information system to allow a student's parent or guardian to access all of the student's U-PASS
190 assessment results.
191 Section 4. Section 53A-3-602.5 is amended to read:
192 53A-3-602.5. School performance report -- Components -- Annual filing.
193 (1) [For a school year beginning with or after the 2010-11 school year, the] The State
194 Board of Education in collaboration with the state's school districts and charter schools shall
195 develop a school performance report to inform the state's residents of the quality of schools and
196 the educational achievement of students in the state's public education system.
197 (2) [The report described in Subsection (1) shall be written and] A school performance
198 report shall include the following statistical data for each school in a school district and each
199 charter school, as applicable, [except as provided by Subsection (2)(g),] and shall also
200 aggregate the data at the school district and state level:
201 (a) test scores over the previous [year] four years on:
202 (i) criterion-referenced or online computer adaptive tests to include the scores
203 aggregated for all students[: (A)] by grade level or course [for the previous two years and an
204 indication of whether there was a sufficient magnitude of gain in the scores between the two
205 years; and], except grade level or course scores for a school may not be reported if fewer than
206 two classes of a course, or within a grade level, are taught;
207 [(B) by class;]
208 (ii) online writing assessments required under Section 53A-1-603 ; and
209 (iii) the tenth grade basic skills competency [tests] test required under Section
210 53A-1-603 ;
211 (b) college entrance examinations data, including the number and percentage of each
212 graduating class taking the examinations for the previous four years;
213 (c) advanced placement and concurrent enrollment data, including:

214 (i) the number of students taking advanced placement and concurrent enrollment
215 courses;
216 (ii) the percentage of students who score 3 or higher on an advanced placement test;
217 [(ii)] (iii) the number [and percent] of students taking a specific advanced placement
218 course [who take advanced placement tests to receive college credit for the course;] test and the
219 percentage of those students who score 3 or higher on the test; and
220 [(iii) of those students taking the test referred to in Subsection (2)(c)(ii), the number
221 and percent who pass the test; and]
222 (iv) of those students taking a concurrent enrollment course, the number and [percent]
223 percentage of those who receive college credit for the course;
224 (d) the number and [percent] percentage of students in grade 3 reading at or above
225 grade level;
226 (e) the number and [percent] percentage of students who were absent from school 10
227 days or more during the school year;
228 (f) achievement gaps that reflect the differences in achievement of various student
229 groups as defined by State Board of Education rule;
230 (g) the number and [percent] percentage of "student dropouts" [within the school
231 district] as defined by State Board of Education rule;
232 [(h) course-taking patterns and trends in secondary schools;]
233 [(i)] (h) student mobility;
234 [(j)] (i) staff qualifications, to include years of professional service and the number and
235 [percent of staff] percentage of teachers who have a degree or endorsement in their assigned
236 teaching area and the number and [percent of staff] percentage of teachers who have a graduate
237 degree;
238 [(k) the number and percent of parents who participate in SEP, SEOP, and
239 parent-teacher conferences;]
240 [(l)] (j) average class size calculated in accordance with State Board of Education rule
241 adopted under Subsection [(4)] (3);
242 [(m)] (k) average daily attendance as defined by State Board of Education rule[,
243 including every period in secondary schools]; and
244 [(n)] (l) enrollment totals disaggregated with respect to race, ethnicity, gender, limited

245 English proficiency, and those students who qualify for free or reduced price school lunch.
246 [(3) For a school year beginning with or after the 2010-11 school year, the State Board
247 of Education, in collaboration with the state's school districts and charter schools, shall provide
248 for the collection and electronic reporting of the following data for a school in each school
249 district and each charter school:]
250 [(a) test scores and trends over the previous four years on the tests referred to in
251 Subsection (2)(a);]
252 [(b) the average grade given in each math, science, and English course in grades 9
253 through 12 for which criterion-referenced or online computer adaptive tests are required under
254 Section 53A-1-603 ;]
255 [(c) incidents of student discipline as defined by State Board of Education rule,
256 including suspensions, expulsions, and court referrals; and]
257 [(d) the number and percent of students receiving fee waivers and the total dollar
258 amount of fees waived.]
259 [(4)] (3) (a) The State Board of Education shall adopt common definitions and data
260 collection procedures for local school boards and charter schools to use in collecting and
261 forwarding the data required under [Subsections] Subsection (2) [and (3)] to the state
262 superintendent of public instruction.
263 (b) (i) In accordance with Subsections [(4)] (3)(b)(ii) through [(4)] (3)(b)(iv), the State
264 Board of Education shall adopt rules specifying how average class size shall be calculated.
265 (ii) (A) Except as provided by Subsections [(4)] (3)(b)(ii)(B) through [(4)] (3)(b)(ii)(D)
266 or for nontraditional classes identified by rule, average class size at the elementary school level
267 shall:
268 (I) be calculated by grade level; and
269 (II) indicate the average number of students who are assigned to a teacher for
270 instruction together during a designated time period.
271 (B) If students at the elementary school level receive instruction in core classes from
272 different teachers, average class size may be calculated as provided by Subsection [(4)]
273 (3)(b)(iii) for secondary school students.
274 (C) An elementary school class that includes students from multiple grade levels shall
275 be counted as a single class.

276 (D) An extended day class in which a portion of the class arrives early and the other
277 portion stays late shall be counted as a single class.
278 (iii) (A) Except as provided by Subsection [(4)] (3)(b)(iii)(B) or for nontraditional
279 classes identified by rule, average class size at the secondary school level shall:
280 (I) be calculated for core language arts, mathematics, and science courses; and
281 (II) indicate the average number of students who are assigned to a teacher for
282 instruction together during a designated time period.
283 (B) A secondary school class in which a teacher provides instruction in multiple
284 courses shall be counted as a single class.
285 (iv) Special education classes and online classes shall be excluded when determining
286 average class size by grade at the elementary school level or the average class size of core
287 language arts, mathematics, and science courses at the secondary level.
288 [(c) The State Board of Education, through the state superintendent of public
289 instruction, shall adopt standard reporting forms and provide a common template for collecting
290 and reporting the data, which shall be used by all school districts and charter schools.]
291 [(d)] (c) The state superintendent shall use the automated decision support system
292 referred to in Section 53A-1-301 to collect and report the data required under [Subsections]
293 Subsection (2) [and (3)].
294 [(5)] (4) (a) [For a school year beginning with or after the 2010-11 school year] On or
295 before October 1, the State Board of Education, through the state superintendent of public
296 instruction, shall [issue its report] annually [by October 1 to include] publish on the State
297 Board of Education's website, a school performance report for each school that includes the
298 required data from the previous school year or years as indicated in [Subsections] Subsection
299 (2) [and (3)].
300 [(b) The State Board of Education shall publish on the State Board of Education's
301 website U-PASS school reports for the 2009-10 school year that indicate the academic
302 proficiency and progress of a school's students and whether the school meets state standards of
303 performance.]
304 [(6) (a) Each local school board and each charter school shall receive a written or an
305 electronic copy of the report from the state superintendent of public instruction containing the
306 data for that school district or charter school in a clear summary format and have it distributed,

307 on a one per household basis, to the residence of students enrolled in the school district or
308 charter school before November 30th of each year.]
309 [(b) Each local school board, each charter school, and the State Board of Education
310 shall have a complete report of the statewide data available for copying or in an electronic
311 format at their respective offices.]
312 (b) A school district shall maintain a link to the website described in Subsection (4)(a)
313 on the school district's website and the website of each school in the district.
314 (c) A charter school shall maintain a link to the website described in Subsection (4)(a)
315 on the school's website.
316 (5) In meeting the reporting requirements of this section, the State Board of Education
317 shall protect each student's privacy by not revealing personally identifiable information about a
318 student.




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