! The Capitol Complex is closed to the public due to COVID-19. All meetings will be held virtually online. View procedures and guidelines (PDF) for remote public comment and virtual meeting instructions (PDF).

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.]


[Bill Documents][Bills Directory]