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H.B. 320 Enrolled

             1     

EDUCATORS' PROFESSIONAL LEARNING

             2     
2014 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Bradley G. Last

             5     
Senate Sponsor: Aaron Osmond

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies provisions related to educators' professional learning.
             10      Highlighted Provisions:
             11          This bill:
             12          .    requires a school district or charter school to implement professional learning that
             13      meets specified standards;
             14          .    requires the State Board of Education, school districts, and charter schools to:
             15              .    determine resources needed to implement professional learning that meets
             16      specified standards; and
             17              .    evaluate the impact of professional learning efforts and resources; and
             18          .    requires a school district or charter school to use state or federal money designated
             19      for professional learning to implement professional learning that meets specified
             20      standards.
             21      Money Appropriated in this Bill:
             22          None
             23      Other Special Clauses:
             24          None
             25      Utah Code Sections Affected:
             26      AMENDS:
             27           53A-1a-108 , as last amended by Laws of Utah 2013, Chapter 296
             28           53A-17a-124 , as last amended by Laws of Utah 2010, Chapter 3
             29      REPEALS AND REENACTS:


             30           53A-3-701 , as last amended by Laws of Utah 2003, Chapter 221
             31     
             32      Be it enacted by the Legislature of the state of Utah:
             33          Section 1. Section 53A-1a-108 is amended to read:
             34           53A-1a-108. School community councils -- Duties -- Composition -- Election
             35      procedures and selection of members.
             36          (1) As used in this section:
             37          (a) "Educator" has the meaning defined in Section 53A-6-103 .
             38          (b) (i) "Parent or guardian member" means a member of a school community council
             39      who is a parent or guardian of a student who:
             40          (A) is attending the school; or
             41          (B) will be enrolled at the school during the parent's or guardian's term of office.
             42          (ii) "Parent or guardian member" may not include an educator who is employed at the
             43      school.
             44          (c) "School employee member" means a member of a school community council who
             45      is a person employed at the school by the school or school district, including the principal.
             46          (d) "School LAND Trust Program money" means money allocated to a school pursuant
             47      to Section 53A-16-101.5 .
             48          (2) Each public school, in consultation with its local school board, shall establish a
             49      school community council at the school building level for the purpose of:
             50          (a) involving parents or guardians of students in decision making at the school level;
             51          (b) improving the education of students;
             52          (c) prudently expending School LAND Trust Program money for the improvement of
             53      students' education through collaboration among parents and guardians, school employees, and
             54      the local school board; and
             55          (d) increasing public awareness of:
             56          (i) school trust lands and related land policies;
             57          (ii) management of the State School Fund established in Utah Constitution Article X,


             58      Section V; and
             59          (iii) educational excellence.
             60          (3) (a) Except as provided in Subsection (3)(b), a school community council shall:
             61          (i) create a school improvement plan in accordance with Section 53A-1a-108.5 ;
             62          (ii) create the School LAND Trust Program in accordance with Section 53A-16-101.5 ;
             63          (iii) assist in the creation and implementation of a [staff] professional development
             64      plan [as provided by Section 53A-3-701 ]; and
             65          (iv) advise and make recommendations to school and school district administrators and
             66      the local school board regarding the school and its programs, school district programs, a child
             67      access routing plan in accordance with Section 53A-3-402 , and other issues relating to the
             68      community environment for students.
             69          (b) In addition to the duties specified in Subsection (3)(a), a school community council
             70      for an elementary school shall create a reading achievement plan in accordance with Section
             71      53A-1-606.5 .
             72          (c) A school or school district administrator may not prohibit or discourage a school
             73      community council from discussing issues, or offering advice or recommendations, regarding
             74      the school and its programs, school district programs, the curriculum, or the community
             75      environment for students.
             76          (4) (a) Each school community council shall consist of school employee members and
             77      parent or guardian members in accordance with this section.
             78          (b) Except as provided in Subsection (4)(c) or (d):
             79          (i) each school community council for a high school shall have six parent or guardian
             80      members and four school employee members, including the principal; and
             81          (ii) each school community council for a school other than a high school shall have
             82      four parent or guardian members and two school employee members, including the principal.
             83          (c) A school community council may determine the size of the school community
             84      council by a majority vote of a quorum of the school community council provided that:
             85          (i) the membership includes two or more parent or guardian members than the number


             86      of school employee members; and
             87          (ii) there are at least two school employee members on the school community council.
             88          (d) (i) The number of parent or guardian members of a school community council who
             89      are not educators employed by the school district shall exceed the number of parent or guardian
             90      members who are educators employed by the school district.
             91          (ii) If, after an election, the number of parent or guardian members who are not
             92      educators employed by the school district does not exceed the number of parent or guardian
             93      members who are educators employed by the school district, the parent or guardian members of
             94      the school community council shall appoint one or more parent or guardian members to the
             95      school community council so that the number of parent or guardian members who are not
             96      educators employed by the school district exceeds the number of parent or guardian members
             97      who are educators employed by the school district.
             98          (5) (a) Except as provided in Subsection (5)(f), a school employee member, other than
             99      the principal, shall be elected by secret ballot by a majority vote of the school employees and
             100      serve a two-year term. The principal shall serve as an ex officio member with full voting
             101      privileges.
             102          (b) (i) Except as provided in Subsection (5)(f), a parent or guardian member shall be
             103      elected by secret ballot at an election held at the school by a majority vote of those voting at the
             104      election and serve a two-year term.
             105          (ii) Only parents or guardians of students attending the school may vote at the election
             106      under Subsection (5)(b)(i).
             107          (iii) Any parent or guardian of a student who meets the qualifications of this section
             108      may file or declare the parent's or guardian's candidacy for election to a school community
             109      council.
             110          (iv) (A) Subject to Subsections (5)(b)(iv)(B) and (5)(b)(iv)(C), a timeline for the
             111      election of parent or guardian members of a school community council shall be established by
             112      a local school board for the schools within the school district.
             113          (B) An election for the parent or guardian members of a school community council


             114      shall be held near the beginning of the school year and completed before October 15 or held in
             115      the spring and completed before the last week of school.
             116          (C) Each school shall establish a time period for the election of parent or guardian
             117      members of a school community council under Subsection (5)(b)(iv)(B) that is consistent for at
             118      least a four-year period.
             119          (c) (i) The principal of the school, or the principal's designee, shall provide notice of
             120      the available community council positions to school employees, parents, and guardians at least
             121      10 days before the date that voting commences for the elections held under Subsections (5)(a)
             122      and (5)(b).
             123          (ii) The notice shall include:
             124          (A) the dates and times of the elections;
             125          (B) a list of council positions that are up for election; and
             126          (C) instructions for becoming a candidate for a community council position.
             127          (iii) The principal of the school, or the principal's designee, shall oversee the elections
             128      held under Subsections (5)(a) and (5)(b).
             129          (iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a
             130      secure ballot box.
             131          (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
             132      available to the public upon request.
             133          (e) (i) If a parent or guardian position on a school community council remains unfilled
             134      after an election is held, the other parent or guardian members of the council shall appoint a
             135      parent or guardian who meets the qualifications of this section to fill the position.
             136          (ii) If a school employee position on a school community council remains unfilled after
             137      an election is held, the other school employee members of the council shall appoint a school
             138      employee to fill the position.
             139          (iii) A member appointed to a school community council under Subsection (5)(e)(i) or
             140      (ii) shall serve a two-year term.
             141          (f) (i) If the number of candidates who file for a parent or guardian position or school


             142      employee position on a school community council is less than or equal to the number of open
             143      positions, an election is not required.
             144          (ii) If an election is not held pursuant to Subsection (5)(f)(i) and a parent or guardian
             145      position remains unfilled, the other parent or guardian members of the council shall appoint a
             146      parent or guardian who meets the qualifications of this section to fill the position.
             147          (iii) If an election is not held pursuant to Subsection (5)(f)(i) and a school employee
             148      position remains unfilled, the other school employee members of the council shall appoint a
             149      school employee who meets the qualifications of this section to fill the position.
             150          (g) The principal shall enter the names of the council members on the School LAND
             151      Trust website on or before November 15 each year, pursuant to Section 53A-1a-108.1 .
             152          (h) Terms shall be staggered so that approximately half of the council members stand
             153      for election each year.
             154          (i) A school community council member may serve successive terms provided the
             155      member continues to meet the definition of a parent or guardian member or school employee
             156      member as specified in Subsection (1).
             157          (j) Each school community council shall elect:
             158          (i) a chair from its parent or guardian members; and
             159          (ii) a vice chair from either its parent or guardian members or school employee
             160      members, excluding the principal.
             161          (6) (a) A school community council may create subcommittees or task forces to:
             162          (i) advise or make recommendations to the council; or
             163          (ii) develop all or part of a plan listed in Subsection (3).
             164          (b) Any plan or part of a plan developed by a subcommittee or task force shall be
             165      subject to the approval of the school community council.
             166          (c) A school community council may appoint individuals who are not council members
             167      to serve on a subcommittee or task force, including parents or guardians, school employees, or
             168      other community members.
             169          (7) (a) A majority of the members of a school community council is a quorum for the


             170      transaction of business.
             171          (b) The action of a majority of the members of a quorum is the action of the school
             172      community council.
             173          (8) A local school board shall provide training for a school community council each
             174      year, including training:
             175          (a) for the chair and vice chair about their responsibilities;
             176          (b) on resources available on the School LAND Trust website; and
             177          (c) on the following statutes governing school community councils:
             178          (i) Section 53A-1a-108 ;
             179          (ii) Section 53A-1a-108.1 ;
             180          (iii) Section 53A-1a-108.5 ; and
             181          (iv) Section 53A-16-101.5 .
             182          Section 2. Section 53A-3-701 is repealed and reenacted to read:
             183          53A-3-701. Professional learning standards.
             184          (1) As used in this section, "professional learning" means a comprehensive, sustained,
             185      and evidence-based approach to improving teachers' and principals' effectiveness in raising
             186      student achievement.
             187          (2) A school district or charter school shall implement high quality professional
             188      learning that meets the following standards:
             189          (a) professional learning occurs within learning communities committed to continuous
             190      improvement, individual and collective responsibility, and goal alignment;
             191          (b) professional learning requires skillful leaders who develop capacity, advocate, and
             192      create support systems, for professional learning;
             193          (c) professional learning requires prioritizing, monitoring, and coordinating resources
             194      for educator learning;
             195          (d) professional learning uses a variety of sources and types of student, educator, and
             196      system data to plan, assess, and evaluate professional learning;
             197          (e) professional learning integrates theories, research, and models of human learning to


             198      achieve its intended outcomes;
             199          (f) professional learning applies research on change and sustains support for
             200      implementation of professional learning for long-term change;
             201          (g) professional learning aligns its outcomes with:
             202          (i) performance standards for teachers and school administrators as described in rules
             203      of the State Board of Education; and
             204          (ii) performance standards for students as described in the core curriculum standards
             205      adopted by the State Board of Education pursuant to Section 53A-1-402.6 ; and
             206          (h) professional learning:
             207          (i) incorporates the use of technology in the design, implementation, and evaluation of
             208      high quality professional learning practices; and
             209          (ii) includes targeted professional learning on the use of technology devices to enhance
             210      the teaching and learning environment and the integration of technology in content delivery.
             211          (3) School districts and charter schools shall use money appropriated by the Legislature
             212      for professional learning or federal grant money awarded for professional learning to
             213      implement professional learning that meets the standards specified in Subsection (2).
             214          (4) (a) In the fall of 2014, the State Board of Education, through the state
             215      superintendent of public instruction, and in collaboration with an independent consultant
             216      acquired through a competitive bid process, shall conduct a statewide survey of school districts
             217      and charter schools to:
             218          (i) determine the current state of professional learning for educators as aligned with the
             219      standards specified in Subsection (2);
             220          (ii) determine the effectiveness of current professional learning practices; and
             221          (iii) identify resources to implement professional learning as described in Subsection
             222      (2).
             223          (b) The State Board of Education shall select a consultant from bidders who have
             224      demonstrated successful experience in conducting a statewide analysis of professional learning.
             225          (c) (i) Annually in the fall, beginning in 2015 through 2020, the State Board of


             226      Education, through the state superintendent of public instruction, in conjunction with school
             227      districts and charter schools, shall gather and use data to determine the impact of professional
             228      learning efforts and resources.
             229          (ii) Data used to determine the impact of professional learning efforts and resources
             230      under Subsection (4)(c)(i) shall include:
             231          (A) student achievement data;
             232          (B) educator evaluation data; and
             233          (C) survey data.
             234          Section 3. Section 53A-17a-124 is amended to read:
             235           53A-17a-124. Quality Teaching Block Grant Program -- State contributions.
             236          (1) The State Board of Education shall distribute money appropriated for the Quality
             237      Teaching Block Grant Program to school districts and charter schools according to a formula
             238      adopted by the board, after consultation with school districts and charter schools, that allocates
             239      the funding in a fair and equitable manner.
             240          (2) [(a) Schools] School districts and charter schools shall use Quality Teaching Block
             241      Grant money to implement [school and school district comprehensive, long-term professional
             242      development plans required by] professional learning that meets the standards specified in
             243      Section 53A-3-701 .
             244          [(b) In recognition of exceptional quality teaching, Quality Teaching Block Grant
             245      money may be used for the award of individual Quality Teaching Bonuses for Exemplary
             246      Teachers to recognize and reward excellence in classrooms as determined by school principals
             247      in partnership with their school community councils.]
             248          [(3) Each local school board shall:]
             249          [(a) as provided by Section 53A-3-701 , review and either approve or recommend
             250      modifications for each school's comprehensive, long-term professional development plan
             251      within the district so that each school's plan is compatible with the district's comprehensive,
             252      long-term professional development plan; and]
             253          [(b) in an open public meeting, approve a plan to spend Quality Teaching Block Grant


             254      money to implement the school district's comprehensive, long-term professional development
             255      plan.]


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