First Substitute H.B. 320

Representative Bradley G. Last proposes the following substitute bill:

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

88 (ii) there are at least two school employee members on the school community council.
89 (d) (i) The number of parent or guardian members of a school community council who
90 are not educators employed by the school district shall exceed the number of parent or guardian
91 members who are educators employed by the school district.
92 (ii) If, after an election, the number of parent or guardian members who are not
93 educators employed by the school district does not exceed the number of parent or guardian
94 members who are educators employed by the school district, the parent or guardian members of
95 the school community council shall appoint one or more parent or guardian members to the
96 school community council so that the number of parent or guardian members who are not
97 educators employed by the school district exceeds the number of parent or guardian members
98 who are educators employed by the school district.
99 (5) (a) Except as provided in Subsection (5)(f), a school employee member, other than
100 the principal, shall be elected by secret ballot by a majority vote of the school employees and
101 serve a two-year term. The principal shall serve as an ex officio member with full voting
102 privileges.
103 (b) (i) Except as provided in Subsection (5)(f), a parent or guardian member shall be
104 elected by secret ballot at an election held at the school by a majority vote of those voting at the
105 election and serve a two-year term.
106 (ii) Only parents or guardians of students attending the school may vote at the election
107 under Subsection (5)(b)(i).
108 (iii) Any parent or guardian of a student who meets the qualifications of this section
109 may file or declare the parent's or guardian's candidacy for election to a school community
110 council.
111 (iv) (A) Subject to Subsections (5)(b)(iv)(B) and (5)(b)(iv)(C), a timeline for the
112 election of parent or guardian members of a school community council shall be established by
113 a local school board for the schools within the school district.
114 (B) An election for the parent or guardian members of a school community council
115 shall be held near the beginning of the school year and completed before October 15 or held in
116 the spring and completed before the last week of school.
117 (C) Each school shall establish a time period for the election of parent or guardian
118 members of a school community council under Subsection (5)(b)(iv)(B) that is consistent for at

119 least a four-year period.
120 (c) (i) The principal of the school, or the principal's designee, shall provide notice of
121 the available community council positions to school employees, parents, and guardians at least
122 10 days before the date that voting commences for the elections held under Subsections (5)(a)
123 and (5)(b).
124 (ii) The notice shall include:
125 (A) the dates and times of the elections;
126 (B) a list of council positions that are up for election; and
127 (C) instructions for becoming a candidate for a community council position.
128 (iii) The principal of the school, or the principal's designee, shall oversee the elections
129 held under Subsections (5)(a) and (5)(b).
130 (iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a
131 secure ballot box.
132 (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
133 available to the public upon request.
134 (e) (i) If a parent or guardian position on a school community council remains unfilled
135 after an election is held, the other parent or guardian members of the council shall appoint a
136 parent or guardian who meets the qualifications of this section to fill the position.
137 (ii) If a school employee position on a school community council remains unfilled after
138 an election is held, the other school employee members of the council shall appoint a school
139 employee to fill the position.
140 (iii) A member appointed to a school community council under Subsection (5)(e)(i) or
141 (ii) shall serve a two-year term.
142 (f) (i) If the number of candidates who file for a parent or guardian position or school
143 employee position on a school community council is less than or equal to the number of open
144 positions, an election is not required.
145 (ii) If an election is not held pursuant to Subsection (5)(f)(i) and a parent or guardian
146 position remains unfilled, the other parent or guardian members of the council shall appoint a
147 parent or guardian who meets the qualifications of this section to fill the position.
148 (iii) If an election is not held pursuant to Subsection (5)(f)(i) and a school employee
149 position remains unfilled, the other school employee members of the council shall appoint a

150 school employee who meets the qualifications of this section to fill the position.
151 (g) The principal shall enter the names of the council members on the School LAND
152 Trust website on or before November 15 each year, pursuant to Section 53A-1a-108.1 .
153 (h) Terms shall be staggered so that approximately half of the council members stand
154 for election each year.
155 (i) A school community council member may serve successive terms provided the
156 member continues to meet the definition of a parent or guardian member or school employee
157 member as specified in Subsection (1).
158 (j) Each school community council shall elect:
159 (i) a chair from its parent or guardian members; and
160 (ii) a vice chair from either its parent or guardian members or school employee
161 members, excluding the principal.
162 (6) (a) A school community council may create subcommittees or task forces to:
163 (i) advise or make recommendations to the council; or
164 (ii) develop all or part of a plan listed in Subsection (3).
165 (b) Any plan or part of a plan developed by a subcommittee or task force shall be
166 subject to the approval of the school community council.
167 (c) A school community council may appoint individuals who are not council members
168 to serve on a subcommittee or task force, including parents or guardians, school employees, or
169 other community members.
170 (7) (a) A majority of the members of a school community council is a quorum for the
171 transaction of business.
172 (b) The action of a majority of the members of a quorum is the action of the school
173 community council.
174 (8) A local school board shall provide training for a school community council each
175 year, including training:
176 (a) for the chair and vice chair about their responsibilities;
177 (b) on resources available on the School LAND Trust website; and
178 (c) on the following statutes governing school community councils:
179 (i) Section 53A-1a-108 ;
180 (ii) Section 53A-1a-108.1 ;

181 (iii) Section 53A-1a-108.5 ; and
182 (iv) Section 53A-16-101.5 .
183 Section 2. Section 53A-3-701 is repealed and reenacted to read:
184 53A-3-701. Professional learning standards.
185 (1) As used in this section, "professional learning" means a comprehensive, sustained,
186 and evidence-based approach to improving teachers' and principals' effectiveness in raising
187 student achievement.
188 (2) A school district or charter school shall implement high quality professional
189 learning that meets the following standards:
190 (a) professional learning occurs within learning communities committed to continuous
191 improvement, individual and collective responsibility, and goal alignment;
192 (b) professional learning requires skillful leaders who develop capacity, advocate, and
193 create support systems, for professional learning;
194 (c) professional learning requires prioritizing, monitoring, and coordinating resources
195 for educator learning;
196 (d) professional learning uses a variety of sources and types of student, educator, and
197 system data to plan, assess, and evaluate professional learning;
198 (e) professional learning integrates theories, research, and models of human learning to
199 achieve its intended outcomes;
200 (f) professional learning applies research on change and sustains support for
201 implementation of professional learning for long-term change;
202 (g) professional learning aligns its outcomes with:
203 (i) performance standards for teachers and school administrators as described in rules
204 of the State Board of Education; and
205 (ii) performance standards for students as described in the core curriculum standards
206 adopted by the State Board of Education pursuant to Section 53A-1-402.6 ; and
207 (h) professional learning:
208 (i) incorporates the use of technology in the design, implementation, and evaluation of
209 high quality professional learning practices; and
210 (ii) includes targeted professional learning on the use of technology devices to enhance
211 the teaching and learning environment and the integration of technology in content delivery.

212 (3) School districts and charter schools shall use money appropriated by the Legislature
213 for professional learning or federal grant money awarded for professional learning to
214 implement professional learning that meets the standards specified in Subsection (2).
215 (4) (a) In the fall of 2014, the State Board of Education, through the state
216 superintendent of public instruction, and in collaboration with an independent consultant
217 acquired through a competitive bid process, shall conduct a statewide survey of school districts
218 and charter schools to:
219 (i) determine the current state of professional learning for educators as aligned with the
220 standards specified in Subsection (2);
221 (ii) determine the effectiveness of current professional learning practices; and
222 (iii) identify resources to implement professional learning as described in Subsection
223 (2).
224 (b) The State Board of Education shall select a consultant from bidders who have
225 demonstrated successful experience in conducting a statewide analysis of professional learning.
226 (c) (i) Annually in the fall, beginning in 2015 through 2020, the State Board of
227 Education, through the state superintendent of public instruction, in conjunction with school
228 districts and charter schools, shall gather and use data to determine the impact of professional
229 learning efforts and resources.
230 (ii) Data used to determine the impact of professional learning efforts and resources
231 under Subsection (4)(b)(i) shall include:
232 (A) student achievement data;
233 (B) educator evaluation data; and
234 (C) survey data.
235 Section 3. Section 53A-17a-124 is amended to read:
236 53A-17a-124. Quality Teaching Block Grant Program -- State contributions.
237 (1) The State Board of Education shall distribute money appropriated for the Quality
238 Teaching Block Grant Program to school districts and charter schools according to a formula
239 adopted by the board, after consultation with school districts and charter schools, that allocates
240 the funding in a fair and equitable manner.
241 (2) [(a) Schools] School districts and charter schools shall use Quality Teaching Block
242 Grant money to implement [school and school district comprehensive, long-term professional

243 development plans required by] professional learning that meets the standards specified in
244 Section 53A-3-701 .
245 [(b) In recognition of exceptional quality teaching, Quality Teaching Block Grant
246 money may be used for the award of individual Quality Teaching Bonuses for Exemplary
247 Teachers to recognize and reward excellence in classrooms as determined by school principals
248 in partnership with their school community councils.]
249 [(3) Each local school board shall:]
250 [(a) as provided by Section 53A-3-701 , review and either approve or recommend
251 modifications for each school's comprehensive, long-term professional development plan
252 within the district so that each school's plan is compatible with the district's comprehensive,
253 long-term professional development plan; and]
254 [(b) in an open public meeting, approve a plan to spend Quality Teaching Block Grant
255 money to implement the school district's comprehensive, long-term professional development
256 plan.]