Representative LaVar Christensen proposes the following substitute bill:


1     
UTAH EDUCATION AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: LaVar Christensen

5     
Senate Sponsor: Margaret Dayton

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions related to statewide education policy and planning and
10     amends provisions related to national education programs and state academic standards.
11     Highlighted Provisions:
12          This bill:
13          ▸     enacts provisions related to statewide education policy;
14          ▸     requires the State Board of Education to:
15               •     generate a report regarding the history of the state public education system;
16               •     create a 10-year plan; and
17               •     report to the Education Interim Committee;
18          ▸     removes nonvoting members from the State Board of Education and requires the
19     State Board of Education to meet quarterly with certain individuals;
20          ▸     amends provisions relating to academic standards established by the State Board of
21     Education and curriculum in public schools;
22          ▸     provides for certain education entities to meet certain requirements when
23     establishing certain national programs or standards; and
24          ▸     makes technical changes.
25     Money Appropriated in this Bill:

26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          53A-1-201, as last amended by Laws of Utah 2013, Chapter 111
32          53A-1-203, as enacted by Laws of Utah 1988, Chapter 2
33          53A-1-301, as last amended by Laws of Utah 2012, Chapter 425
34          53A-1-402.6, as last amended by Laws of Utah 2014, Chapter 352
35          53A-1-402.8, as enacted by Laws of Utah 2014, Chapter 352
36          53A-1-409, as last amended by Laws of Utah 2013, Chapter 398
37          53A-1-413, as enacted by Laws of Utah 2013, Chapter 305
38          53A-1-602, as last amended by Laws of Utah 2013, Chapter 161
39          53A-1-603, as last amended by Laws of Utah 2013, Chapter 161
40          53A-1-606.7, as enacted by Laws of Utah 2011, Chapter 372
41          53A-1-708, as last amended by Laws of Utah 2012, Chapter 367
42          53A-1-709, as last amended by Laws of Utah 2013, Chapter 173
43          53A-1-901, as enacted by Laws of Utah 2005, First Special Session, Chapter 2
44          53A-1-902, as last amended by Laws of Utah 2009, Chapter 112
45          53A-1-905, as last amended by Laws of Utah 2009, Chapter 112
46          53A-1-906, as last amended by Laws of Utah 2009, Chapter 112
47          53A-1-907, as last amended by Laws of Utah 2009, Chapter 112
48          53A-1-908, as last amended by Laws of Utah 2009, Chapter 112
49          53A-1-1103, as last amended by Laws of Utah 2014, Chapter 403
50          53A-1a-103, as last amended by Laws of Utah 2012, Chapter 123
51          53A-1a-104, as last amended by Laws of Utah 2003, Chapter 315
52          53A-1a-107, as last amended by Laws of Utah 2003, Chapter 221
53          53A-3-402, as last amended by Laws of Utah 2014, Chapter 202
54          53A-3-602.5, as last amended by Laws of Utah 2013, Chapter 161
55          53A-3-701, as last amended by Laws of Utah 2003, Chapter 221
56          53A-13-108, as last amended by Laws of Utah 2014, Chapter 70

57          53A-13-108.5, as enacted by Laws of Utah 2006, Chapter 227
58          53A-13-110, as last amended by Laws of Utah 2014, Chapter 70
59          53A-13-111, as enacted by Laws of Utah 2012, Chapter 181
60          53A-14-102, as last amended by Laws of Utah 2002, Chapter 299
61          53A-14-107, as last amended by Laws of Utah 2010, Chapter 305
62          53A-15-1002.5, as enacted by Laws of Utah 2012, Chapter 238
63          53A-15-1003, as last amended by Laws of Utah 2012, Chapter 238
64          53A-15-1206, as last amended by Laws of Utah 2012, Chapter 238
65     ENACTS:
66          53A-1-102, Utah Code Annotated 1953
67     REPEALS AND REENACTS:
68          53A-1-101, as last amended by Laws of Utah 2010, Chapter 162
69     

70     Be it enacted by the Legislature of the state of Utah:
71          Section 1. Section 53A-1-101 is repealed and reenacted to read:
72     
Part 1. Policy and Planning for Utah's Public Education System

73          53A-1-101. Policy for Utah's public education system.
74          (1) (a) The continuous cultivation of an informed and virtuous citizenry among
75     succeeding generations is essential to the state and the nation.
76          (b) The state's public education system is established and maintained as provided in
77     Utah Constitution, Article X, and this title.
78          (c) Parents and guardians have the primary responsibility for the education of their
79     children and elect representatives in the Legislature and on state and local school boards to
80     administer the state public education system, which provides extensive support and assistance.
81     All children of the state are entitled to a free public education as provided in Utah Constitution,
82     Article X.
83          (d) Public schools fulfill a vital purpose in the education and preparation of informed
84     and responsible citizens who:
85          (i) fully understand and lawfully exercise their individual rights and liberties;
86          (ii) become self-reliant and able to provide for themselves and their families; and
87          (iii) contribute to the public good and the health, welfare, and security of the state and

88     the nation.
89          (2) In the implementation of all policies, programs, and responsibilities adopted in
90     accordance with this title, the Legislature, the State Board of Education, local school boards,
91     and charter school governing boards shall:
92          (a) respect, protect, and further the interests of parents and guardians in their children's
93     public education; and
94          (b) promote and encourage full and active participation and involvement of parents and
95     guardians at all public schools.
96          Section 2. Section 53A-1-102 is enacted to read:
97          53A-1-102. Planning for Utah's public education system.
98          (1) Before November 30, 2016, the State Board of Education shall:
99          (a) (i) prepare a report that summarizes, for the last 15 years or more, the policies and
100     programs established by, and the performance history of, the state's public education system;
101     and
102          (ii) prepare a formal 10-year plan for the state's public education system, including
103     recommendations to:
104          (A) repeal outdated policies and programs; and
105          (B) clarify and correlate current policies and programs; and
106          (b) submit the report and plan described in Subsection (1)(a) to the Education Interim
107     Committee for review and recommendations.
108          (2) The State Board of Education shall review and maintain the 10-year plan described
109     in Subsection (1)(a)(ii) and submit the updated plan to the Education Interim Committee for
110     review and approval at least once every five years.
111          Section 3. Section 53A-1-201 is amended to read:
112     
Part 2. State Board of Education Members - Officers - Compensation - Meetings

113          53A-1-201. State Board of Education members -- Election and appointment of
114     officers -- Removal from office.
115          (1) Members of the State Board of Education shall be nominated and elected as
116     provided in Title 20A, Chapter 14, Nomination and Election of State and Local School Boards.
117          [(1)] (2) The State Board of Education shall elect from its members a chair, and at least
118     one vice chair, but no more than three vice chairs, each year at a meeting held any time

119     between November 15 and January 15.
120          [(2)] (3) (a) If the election of officers is held subsequent to the election of a new
121     member of the board, but prior to the time that the new member takes office, the new member
122     shall assume the position of the outgoing member for purposes of the election of officers.
123          (b) In all other matters the outgoing member shall retain the full authority of the office
124     until replaced as provided by law.
125          [(3)] (4) The duties of these officers shall be determined by the board.
126          [(4)] (5) The board shall appoint a secretary who serves at the pleasure of the board.
127          [(5)] (6) An officer appointed or elected by the board under this section may be
128     removed from office for cause by a vote of two-thirds of the board.
129          Section 4. Section 53A-1-203 is amended to read:
130          53A-1-203. State board meetings -- Quorum requirements.
131          (1) The State Board of Education shall meet at the call of the chairman and at least 11
132     times each year.
133          (2) The State Board of Education shall, at least quarterly, meet with and receive
134     recommendations from:
135          (a) two members of the State Board of Regents, appointed by the chair of the State
136     Board of Regents;
137          (b) one member of the Utah College of Applied Technology Board of Trustees,
138     appointed by the chair of the board of trustees; and
139          (c) one member of the State Charter School Board, appointed by the chair of the State
140     Charter School Board.
141          [(2)] (3) A majority of all members is required to validate an act of the board.
142          Section 5. Section 53A-1-301 is amended to read:
143          53A-1-301. Appointment -- Qualifications -- Duties.
144          (1) (a) The State Board of Education shall appoint a superintendent of public
145     instruction, hereinafter called the state superintendent, who is the executive officer of the board
146     and serves at the pleasure of the board.
147          (b) The board shall appoint the state superintendent on the basis of outstanding
148     professional qualifications.
149          (c) The state superintendent shall administer all programs assigned to the State Board

150     of Education in accordance with the policies and the standards established by the board.
151          (2) The State Board shall with the appointed superintendent develop a statewide
152     education strategy focusing on core academics, including the development of:
153          (a) core [curriculum] standards for Utah public schools and graduation requirements;
154          (b) a process to select model instructional materials that best correlate to the core
155     [curriculum] standards for Utah public schools and graduation requirements that are supported
156     by generally accepted scientific standards of evidence;
157          (c) professional development programs for teachers, superintendents, and principals;
158          (d) model remediation programs;
159          (e) a model method for creating individual student learning targets, and a method of
160     measuring an individual student's performance toward those targets;
161          (f) progress-based assessments for ongoing performance evaluations of districts and
162     schools;
163          (g) incentives to achieve the desired outcome of individual student progress in core
164     academics, and which do not create disincentives for setting high goals for the students;
165          (h) an annual report card for school and district performance, measuring learning and
166     reporting progress-based assessments;
167          (i) a systematic method to encourage innovation in schools and school districts as they
168     strive to achieve improvement in their performance; and
169          (j) a method for identifying and sharing best demonstrated practices across districts and
170     schools.
171          (3) The superintendent shall perform duties assigned by the board, including the
172     following:
173          (a) investigating all matters pertaining to the public schools;
174          (b) adopting and keeping an official seal to authenticate the superintendent's official
175     acts;
176          (c) holding and conducting meetings, seminars, and conferences on educational topics;
177          (d) presenting to the governor and the Legislature each December a report of the public
178     school system for the preceding year to include:
179          (i) data on the general condition of the schools with recommendations considered
180     desirable for specific programs;

181          (ii) a complete statement of fund balances;
182          (iii) a complete statement of revenues by fund and source;
183          (iv) a complete statement of adjusted expenditures by fund, the status of bonded
184     indebtedness, the cost of new school plants, and school levies;
185          (v) a complete statement of state funds allocated to each school district and charter
186     school by source, including supplemental appropriations, and a complete statement of
187     expenditures by each school district and charter school, including supplemental appropriations,
188     by function and object as outlined in the U.S. Department of Education publication "Financial
189     Accounting for Local and State School Systems";
190          (vi) a complete statement, by school district and charter school, of the amount of and
191     percentage increase or decrease in expenditures from the previous year attributed to:
192          (A) wage increases, with expenditure data for base salary adjustments identified
193     separately from step and lane expenditures;
194          (B) medical and dental premium cost adjustments; and
195          (C) adjustments in the number of teachers and other staff;
196          (vii) a statement that includes data on:
197          (A) fall enrollments;
198          (B) average membership;
199          (C) high school graduates;
200          (D) licensed and classified employees, including data reported by school districts on
201     educator ratings pursuant to Section 53A-8a-405;
202          (E) pupil-teacher ratios;
203          (F) average class sizes calculated in accordance with State Board of Education rules
204     adopted under Subsection 53A-3-602.5(4);
205          (G) average salaries;
206          (H) applicable private school data; and
207          (I) data from standardized norm-referenced tests in grades 5, 8, and 11 on each school
208     and district;
209          (viii) statistical information regarding incidents of delinquent activity in the schools or
210     at school-related activities with separate categories for:
211          (A) alcohol and drug abuse;

212          (B) weapon possession;
213          (C) assaults; and
214          (D) arson;
215          (ix) information about:
216          (A) the development and implementation of the strategy of focusing on core
217     academics;
218          (B) the development and implementation of competency-based education and
219     progress-based assessments; and
220          (C) the results being achieved under Subsections (3)(d)(ix)(A) and (B), as measured by
221     individual progress-based assessments and a comparison of Utah students' progress with the
222     progress of students in other states using standardized norm-referenced tests as benchmarks;
223     and
224          (x) other statistical and financial information about the school system which the state
225     superintendent considers pertinent;
226          (e) collecting and organizing education data into an automated decision support system
227     to facilitate school district and school improvement planning, accountability reporting,
228     performance recognition, and the evaluation of educational policy and program effectiveness to
229     include:
230          (i) data that are:
231          (A) comparable across schools and school districts;
232          (B) appropriate for use in longitudinal studies; and
233          (C) comprehensive with regard to the data elements required under applicable state or
234     federal law or state board rule;
235          (ii) features that enable users, most particularly school administrators, teachers, and
236     parents, to:
237          (A) retrieve school and school district level data electronically;
238          (B) interpret the data visually; and
239          (C) draw conclusions that are statistically valid; and
240          (iii) procedures for the collection and management of education data that:
241          (A) require the state superintendent of public instruction to:
242          (I) collaborate with school districts in designing and implementing uniform data

243     standards and definitions;
244          (II) undertake or sponsor research to implement improved methods for analyzing
245     education data;
246          (III) provide for data security to prevent unauthorized access to or contamination of the
247     data; and
248          (IV) protect the confidentiality of data under state and federal privacy laws; and
249          (B) require all school districts and schools to comply with the data collection and
250     management procedures established under Subsection (3)(e);
251          (f) administering and implementing federal educational programs in accordance with
252     Title 53A, Chapter 1, Part 9, Implementing Federal Programs Act; and
253          (g) with the approval of the board, preparing and submitting to the governor a budget
254     for the board to be included in the budget that the governor submits to the Legislature.
255          (4) The state superintendent shall distribute funds deposited in the Autism Awareness
256     Restricted Account created in Section 53A-1-304 in accordance with the requirements of
257     Section 53A-1-304.
258          (5) Upon leaving office, the state superintendent shall deliver to the state
259     superintendent's successor all books, records, documents, maps, reports, papers, and other
260     articles pertaining to the state superintendent's office.
261          (6) (a) For the purpose of Subsection (3)(d)(vii):
262          (i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
263     students enrolled in a school by the number of full-time equivalent teachers assigned to the
264     school, including regular classroom teachers, school-based specialists, and special education
265     teachers;
266          (ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
267     the schools within a school district;
268          (iii) the pupil-teacher ratio for charter schools aggregated shall be the median
269     pupil-teacher ratio of charter schools in the state; and
270          (iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
271     pupil-teacher ratio of public schools in the state.
272          (b) The printed copy of the report required by Subsection (3)(d) shall:
273          (i) include the pupil-teacher ratio for:

274          (A) each school district;
275          (B) the charter schools aggregated; and
276          (C) the state's public schools aggregated; and
277          (ii) indicate the Internet website where pupil-teacher ratios for each school in the state
278     may be accessed.
279          Section 6. Section 53A-1-402.6 is amended to read:
280          53A-1-402.6. Core standards for Utah public schools.
281          (1) (a) In establishing minimum standards related to curriculum and instruction
282     requirements under Section 53A-1-402, the State Board of Education shall, in consultation
283     with local school boards, school superintendents, teachers, employers, and parents implement
284     core [curriculum standards which] standards for Utah public schools that will enable students
285     to, among other objectives:
286          [(a)] (i) communicate effectively, both verbally and through written communication;
287          [(b)] (ii) apply mathematics; and
288          [(c)] (iii) access, analyze, and apply information.
289          (b) Except as provided in this title, the State Board of Education may recommend but
290     may not require a local school board or charter school governing board to use:
291          (i) a particular curriculum or instructional material; or
292          (ii) a model curriculum or instructional material.
293          (2) The board shall, in establishing the core standards for Utah public schools:
294          (a) identify the basic knowledge, skills, and competencies each student is expected to
295     acquire or master as the student advances through the public education system; and
296          (b) align the core [curriculum standards] standards for Utah public schools and tests
297     administered under the Utah Performance Assessment System for Students (U-PASS) with
298     each other.
299          (3) The basic knowledge, skills, and competencies identified pursuant to Subsection
300     (2)(a) shall increase in depth and complexity from year to year and focus on consistent and
301     continual progress within and between grade levels and courses in the [core academic] basic
302     academic areas of:
303          (a) English, including explicit phonics, spelling, grammar, reading, writing,
304     vocabulary, speech, and listening; and

305          (b) mathematics, including basic computational skills.
306          (4) Before adopting core [curriculum standards] standards for Utah public schools, the
307     State Board of Education shall:
308          (a) publicize draft core [curriculum standards] standards for Utah public schools on the
309     State Board of Education's website and the Utah Public Notice website created under Section
310     63F-1-701;
311          (b) invite public comment on the draft core [curriculum standards] standards for Utah
312     public schools for a period of not less than 90 days; and
313          (c) conduct three public hearings that are held in different regions of the state on the
314     draft core [curriculum standards] standards for Utah public schools.
315          (5) Local school boards shall design their school programs, that are supported by
316     generally accepted scientific standards of evidence, to focus on the core [curriculum standards]
317     standards for Utah public schools with the expectation that each program will enhance or help
318     achieve mastery of the core [curriculum standards] standards for Utah public schools.
319          (6) Except as provided in Section 53A-13-101, each school may select instructional
320     materials and methods of teaching, that are supported by generally accepted scientific standards
321     of evidence, that it considers most appropriate to meet [core curriculum standards] the core
322     standards for Utah public schools.
323          (7) The state may exit any agreement, contract, memorandum of understanding, or
324     consortium that cedes control of [Utah's core curriculum standards] the core standards for Utah
325     public schools to any other entity, including a federal agency or consortium, for any reason,
326     including:
327          (a) the cost of developing or implementing [core curriculum standards] the core
328     standards for Utah public schools;
329          (b) the proposed core [curriculum standards] standards for Utah public schools are
330     inconsistent with community values; or
331          (c) the agreement, contract, memorandum of understanding, or consortium:
332          (i) was entered into in violation of Part 9, Implementing Federal Programs Act, or Title
333     63J, Chapter 5, Federal Funds Procedures Act;
334          (ii) conflicts with Utah law;
335          (iii) requires Utah student data to be included in a national or multi-state database;

336          (iv) requires records of teacher performance to be included in a national or multi-state
337     database; or
338          (v) imposes curriculum, assessment, or data tracking requirements on home school or
339     private school students.
340          (8) The State Board of Education shall annually report to the Education Interim
341     Committee on the development and implementation of [core curriculum standards] the core
342     standards for Utah public schools, including the time line established for the review of [core
343     curriculum standards] the core standards for Utah public schools by a standards review
344     committee and the recommendations of a standards review committee established under
345     Section 53A-1-402.8.
346          Section 7. Section 53A-1-402.8 is amended to read:
347          53A-1-402.8. Standards review committee.
348          (1) As used in this section, "board" means the State Board of Education.
349          (2) Subject to Subsection (5), the State Board of Education shall establish:
350          (a) a time line for the review by a standards review committee of [core curriculum
351     standards] the core standards for Utah public schools for:
352          (i) English language arts;
353          (ii) mathematics;
354          (iii) science;
355          (iv) social studies;
356          (v) fine arts;
357          (vi) physical education and health; and
358          (vii) early childhood education; and
359          (b) a separate standards review committee for each subject area specified in Subsection
360     (2)(a) to review, and recommend to the board revisions to, [core curriculum standards] the core
361     standards for Utah public schools.
362          (3) At least one year before the board takes formal action to adopt new core
363     [curriculum standards] standards for Utah public schools, the board shall establish a standards
364     review committee as required by Subsection (2)(b).
365          (4) A standards review committee shall meet at least twice during the time period
366     described in Subsection (3).

367          (5) In establishing a time line for the review of core [curriculum standards] standards
368     for Utah public schools by a standards review committee, the board shall give priority to
369     establishing a standards review committee to review, and recommend revisions to, the [core
370     curriculum standards for mathematics] mathematics core standards for Utah public schools.
371          (6) The membership of a standards review committee consists of:
372          (a) seven individuals, with expertise in the subject being reviewed, appointed by the
373     board chair, including teachers, business representatives, faculty of higher education
374     institutions in Utah, and others as determined by the board chair;
375          (b) five parents or guardians of public education students appointed by the speaker of
376     the House of Representatives; and
377          (c) five parents or guardians of public education students appointed by the president of
378     the Senate.
379          (7) The board shall provide staff support to the standards review committee.
380          (8) A member of the standards review committee may not receive compensation or
381     benefits for the member's service on the committee.
382          (9) Among the criteria a standards review committee shall consider when reviewing
383     [core curriculum standards] the core standards for Utah public schools is giving students an
384     adequate foundation to successfully pursue college, technical education, a career, or other life
385     pursuits.
386          (10) A standards review committee shall submit, to the board, comments and
387     recommendations for revision of [core curriculum standards] the core standards for Utah public
388     schools.
389          (11) The board shall take into consideration the comments and recommendations of a
390     standards review committee in adopting [core curriculum standards] the core standards for
391     Utah public schools.
392          (12) (a) Nothing in this section prohibits the board from amending or adding individual
393     core [curriculum standards] standards for Utah public schools as the need arises in the board's
394     ongoing responsibilities.
395          (b) If the board makes changes as described in Subsection (12)(a), the board shall
396     include the changes in the annual report the board submits to the Education Interim Committee
397     under Section 53A-1-402.6.

398          Section 8. Section 53A-1-409 is amended to read:
399          53A-1-409. Competency-based education -- Recommendations -- Coordination.
400          (1) As used in this section:
401          (a) "Competency" means a demonstrable acquisition of a specified knowledge, skill, or
402     ability that has been organized into a hierarchical arrangement leading to higher levels of
403     knowledge, skill, or ability.
404          (b) "Competency-based education" means an education approach that requires a
405     student to acquire a competency and includes a classroom structure and operation that aid and
406     facilitate the acquisition of specified competencies on an individual basis wherein a student is
407     allowed to master and demonstrate competencies as fast as the student is able.
408          (c) "Gain score" means the measured difference of a student's score at the beginning
409     and end of a time period that may be aggregated at the class, grade, school, and school district
410     levels.
411          (2) The State Board of Education shall:
412          (a) provide expertise to and consult with local school boards, school districts, and
413     charter schools relating to competency-based education and progress-based assessments;
414          (b) before the beginning of the 2014 General Session of the Legislature, make
415     recommendations to the Public Education Appropriations Subcommittee, including the amount
416     and allocation of public education money, based upon both new public education money and
417     the reallocation of money required to develop and implement:
418          (i) competency-based education and progress-based assessments;
419          (ii) (A) a weighted competency unit that distributes public education money based on
420     student achievement resulting from competency-based program objectives, strategies, and
421     standards; and
422          (B) a course-level funding formula that distributes funds to school districts and charter
423     schools that establish competency-based education;
424          (iii) a plan to assist students, teachers, schools, and districts that need remediation
425     based upon Subsections (2)(b)(i) and (ii);
426          (iv) the reallocation of teaching resources from noncore electives into grades 1-3, 7-12
427     math, and 7-12 English; and
428          (v) a teacher development program focused on achieving progress in [core academics]

429     basic academic subjects, including instruction in explicit, systematic, and intensive phonics for
430     teachers in grades kindergarten through 3;
431          (c) assist school districts and charter schools to develop and implement:
432          (i) competency-based education; and
433          (ii) the use of gain scores; and
434          (d) develop and use monetary and nonmonetary incentives, tools, and rewards to
435     encourage school districts and charter schools to accomplish the items described under this
436     section.
437          (3) A funding formula described in Subsection (2)(b)(ii)(B) shall:
438          (a) base the funding for a competency-based course on a proportionate amount of the
439     weighted pupil unit;
440          (b) partially distribute funds based on initial enrollment;
441          (c) distribute remaining funds based on a student's successful completion of a course
442     through demonstrated competency and subject mastery; and
443          (d) not be dependent on the amount of time a student is instructed in the course or the
444     age of the student.
445          (4) A local school board or a charter school governing board may establish a
446     competency-based education program.
447          (5) A local school board or charter school governing board that establishes a
448     competency-based education program shall:
449          (a) establish assessments to accurately measure competency;
450          (b) provide the assessments to an enrolled student at no cost to the student;
451          (c) award credit to a student who demonstrates competency and subject mastery;
452          (d) submit the competency-based [curriculum] standards to the State Board of
453     Education for review; and
454          (e) publish the competency-based [curriculum] standards on its website or by other
455     electronic means readily accessible to the public.
456          (6) A local school board or charter school governing board may:
457          (a) on a random lottery-based basis, limit enrollment to courses that have been
458     designated as competency-based courses;
459          (b) waive or adapt traditional attendance requirements;

460          (c) adjust class sizes to maximize the value of course instructors or course mentors;
461          (d) enroll students from any geographic location within the state; and
462          (e) provide proctored online competency-based assessments.
463          Section 9. Section 53A-1-413 is amended to read:
464          53A-1-413. Student Achievement Backpack -- Utah Student Record Store.
465          (1) As used in this section:
466          (a) "Authorized LEA user" means a teacher or other person who is:
467          (i) employed by an LEA that provides instruction to a student; and
468          (ii) authorized to access data in a Student Achievement Backpack through the Utah
469     Student Record Store.
470          (b) "LEA" means a school district, charter school, or the Utah Schools for the Deaf and
471     the Blind.
472          (c) "Student Achievement Backpack" means, for a student from kindergarten through
473     grade 12, a complete learner profile that:
474          (i) is in electronic format;
475          (ii) follows the student from grade to grade and school to school; and
476          (iii) is accessible by the student's parent or guardian or an authorized LEA user.
477          (d) "U-PASS" means the Utah Performance Assessment System for Students
478     established in Part 6, Achievement Tests.
479          (e) "Utah Student Record Store" means a repository of student data collected from
480     LEAs as part of the state's longitudinal data system that is:
481          (i) managed by the Utah State Office of Education;
482          (ii) cloud-based; and
483          (iii) accessible via a web browser to authorized LEA users.
484          (2) (a) The State Board of Education shall use the robust, comprehensive data
485     collection system maintained by the Utah State Office of Education, which collects
486     longitudinal student transcript data from LEAs and the unique student identifiers as described
487     in Section 53A-1-603.5, to allow the following to access a student's Student Achievement
488     Backpack:
489          (i) the student's parent or guardian; and
490          (ii) each LEA that provides instruction to the student.

491          (b) The State Board of Education shall ensure that a Student Achievement Backpack:
492          (i) provides a uniform, transparent reporting mechanism for individual student
493     progress;
494          (ii) provides a complete learner history for postsecondary planning;
495          (iii) provides a teacher with visibility into a student's complete learner profile to better
496     inform instruction and personalize education;
497          (iv) assists a teacher or administrator in diagnosing a student's learning needs through
498     the use of data already collected by the State Board of Education;
499          (v) facilitates a student's parent or guardian taking an active role in the student's
500     education by simplifying access to the student's complete learner profile; and
501          (vi) serves as additional disaster mitigation for LEAs by using a cloud-based data
502     storage and collection system.
503          (3) Using existing information collected and stored in the data warehouse maintained
504     by the Utah State Office of Education, the State Board of Education shall create the Utah
505     Student Record Store where an authorized LEA user may:
506          (a) access data in a Student Achievement Backpack relevant to the user's LEA or
507     school; or
508          (b) request student records to be transferred from one LEA to another.
509          (4) The State Board of Education shall implement security measures to ensure that:
510          (a) student data stored or transmitted to or from the Utah Student Record Store is
511     secure and confidential pursuant to the requirements of the Family Educational Rights and
512     Privacy Act, 20 U.S.C. Sec. 1232g; and
513          (b) an authorized LEA user may only access student data that is relevant to the user's
514     LEA or school.
515          (5) A student's parent or guardian may request the student's Student Achievement
516     Backpack from the LEA or the school in which the student is enrolled.
517          (6) No later than June 30, 2014, an authorized LEA user shall be able to access student
518     data in a Student Achievement Backpack, which shall include the following data, or request the
519     data be transferred from one LEA to another:
520          (a) student demographics;
521          (b) course grades;

522          (c) course history; and
523          (d) results for an assessment administered under U-PASS.
524          (7) No later than June 30, 2015, an authorized LEA user shall be able to access student
525     data in a Student Achievement Backpack, which shall include the data listed in Subsections
526     (6)(a) through (d) and the following data, or request the data be transferred from one LEA to
527     another:
528          (a) section attendance;
529          (b) the name of a student's teacher for classes or courses the student takes;
530          (c) teacher qualifications for a student's teacher, including years of experience, degree,
531     license, and endorsement;
532          (d) results of formative, interim, and summative computer adaptive assessments
533     administered pursuant to Section 53A-1-603;
534          (e) detailed data demonstrating a student's mastery of the core standards for Utah
535     public schools and objectives as measured by computer adaptive assessments administered
536     pursuant to Section 53A-1-603;
537          (f) a student's writing sample written for an online writing assessment administered
538     pursuant to Section 53A-1-603;
539          (g) student growth scores for U-PASS tests;
540          (h) a school's grade assigned pursuant to Part 11, School Grading Act;
541          (i) results of benchmark assessments of reading administered pursuant to Section
542     53A-1-606.6; and
543          (j) a student's reading level at the end of grade 3.
544          (8) No later than June 30, 2017, the State Board of Education shall ensure that data
545     collected in the Utah Student Record Store for a Student Achievement Backpack shall be
546     integrated into each LEA's student information system and shall be made available to a
547     student's parent or guardian and an authorized LEA user in an easily accessible viewing format.
548          Section 10. Section 53A-1-602 is amended to read:
549          53A-1-602. Definitions.
550          As used in this part:
551          (1) "Basic [skills course] academic subject" means a subject [which] that requires
552     mastery of specific functions, as defined under rules made by the State Board of Education, to

553     include reading, language arts, mathematics, science in grades 4 through 12, and effectiveness
554     of written expression.
555          [(2) "IEP" means a written statement for a student with a disability that is developed,
556     reviewed, and revised in accordance with the Individuals with Disabilities Education Act, 20
557     U.S.C. Sec. 1400 et seq.]
558          [(3) "Utah's common core"]
559          (2) "Core standards for Utah public schools" means the [core set of English language
560     arts and mathematics] standards developed and adopted by the State Board of Education
561     [which] that define the knowledge and skills students should have in kindergarten through
562     grade 12 to enable [them] students to be prepared for college or workforce training.
563          (3) "IEP" means a written statement for a student with a disability that is developed,
564     reviewed, and revised in accordance with the Individuals with Disabilities Education Act, 20
565     U.S.C. Sec. 1400 et seq.
566          (4) "Utah Performance Assessment System for Students" or "U-PASS" means:
567          (a) as determined by the State Board of Education, criterion-referenced achievement
568     testing or online computer adaptive testing of students in grades 3 through 12 in basic [skills
569     courses] academic subjects;
570          (b) an online writing assessment in grades 5 and 8;
571          (c) college readiness assessments as detailed in Section 53A-1-611;
572          (d) the use of student behavior indicators in assessing student performance; and
573          (e) testing of students in grade 3 to measure reading grade level.
574          Section 11. Section 53A-1-603 is amended to read:
575          53A-1-603. Duties of State Board of Education.
576          (1) The State Board of Education shall:
577          (a) require each school district and charter school to implement the Utah Performance
578     Assessment System for Students, hereafter referred to as U-PASS;
579          (b) require the state superintendent of public instruction to submit and recommend
580     criterion-referenced achievement tests or online computer adaptive tests, college readiness
581     assessments, an online writing assessment for grades 5 and 8, and a test for students in grade 3
582     to measure reading grade level to the board for approval and adoption and distribution to each
583     school district and charter school by the state superintendent;

584          (c) develop an assessment method to uniformly measure statewide performance, school
585     district performance, and school performance of students in grades 3 through 12 in mastering
586     basic [skills courses] academic subjects; and
587          (d) provide for the state to participate in the National Assessment of Educational
588     Progress state-by-state comparison testing program.
589          (2) Except as provided in Subsection (3) and Subsection 53A-1-611(3), under
590     U-PASS, the State Board of Education shall annually require each school district and charter
591     school, as applicable, to administer:
592          (a) as determined by the State Board of Education, statewide criterion-referenced tests
593     or online computer adaptive tests in grades 3 through 12 and courses in basic [skill areas]
594     academic subjects of the core [curriculum] standards for Utah public schools;
595          (b) an online writing assessment to all students in grades 5 and 8;
596          (c) college readiness assessments as detailed in Section 53A-1-611; and
597          (d) a test to all students in grade 3 to measure reading grade level.
598          (3) Beginning with the 2014-15 school year, the State Board of Education shall
599     annually require each school district and charter school, as applicable, to administer a computer
600     adaptive assessment system that is:
601          (a) adopted by the State Board of Education; and
602          (b) aligned to [Utah's common core] the core standards for Utah public schools.
603          (4) The board shall adopt rules for the conduct and administration of U-PASS to
604     include the following:
605          (a) the computation of student performance based on information that is disaggregated
606     with respect to race, ethnicity, gender, limited English proficiency, and those students who
607     qualify for free or reduced price school lunch;
608          (b) security features to maintain the integrity of the system, which could include
609     statewide uniform testing dates, multiple test forms, and test administration protocols;
610          (c) the exemption of student test scores, by exemption category, such as limited
611     English proficiency, mobility, and students with disabilities, with the percent or number of
612     student test scores exempted being publically reported at a district level;
613          (d) compiling of criterion-referenced, online computer adaptive, and online writing test
614     scores and test score averages at the classroom level to allow for:

615          (i) an annual review of those scores by parents of students and professional and other
616     appropriate staff at the classroom level at the earliest point in time;
617          (ii) the assessment of year-to-year student progress in specific classes, courses, and
618     subjects;
619          (iii) a teacher to review, prior to the beginning of a new school year, test scores from
620     the previous school year of students who have been assigned to the teacher's class for the new
621     school year;
622          (e) allowing a school district or charter school to have its tests administered and scored
623     electronically to accelerate the review of test scores and their usefulness to parents and
624     educators under Subsection (4)(d), without violating the integrity of U-PASS; and
625          (f) providing that scores on the tests and assessments required under Subsection (2)(a)
626     and Subsection (3) shall be considered in determining a student's academic grade for the
627     appropriate course and whether a student shall advance to the next grade level.
628          (5) (a) A school district or charter school, as applicable, is encouraged to administer an
629     online writing assessment to students in grade 11.
630          (b) The State Board of Education may award a grant to a school district or charter
631     school to pay for an online writing assessment and instruction program that may be used to
632     assess the writing of students in grade 11.
633          (6) The State Board of Education shall make rules:
634          (a) establishing procedures for applying for and awarding money for computer adaptive
635     tests;
636          (b) specifying how money for computer adaptive tests shall be allocated among school
637     districts and charter schools that qualify to receive the money; and
638          (c) requiring reporting of the expenditure of money awarded for computer adaptive
639     testing and evidence that the money was used to implement computer adaptive testing.
640          (7) The State Board of Education shall assure that computer adaptive tests are
641     administered in compliance with the requirements of Chapter 13, Part 3, Utah Family
642     Educational Rights and Privacy Act.
643          (8) (a) The State Board of Education shall establish a committee consisting of 15
644     parents of Utah public education students to review all computer adaptive test questions.
645          (b) The committee established in Subsection (8)(a) shall include the following parent

646     members:
647          (i) five members appointed by the chair of the State Board of Education;
648          (ii) five members appointed by the speaker of the House of Representatives; and
649          (iii) five members appointed by the president of the Senate.
650          (c) The State Board of Education shall provide staff support to the parent committee.
651          (d) The term of office of each member appointed in Subsection (8)(b) is four years.
652          (e) The chair of the State Board of Education, the speaker of the House of
653     Representatives, and the president of the Senate shall adjust the length of terms to stagger the
654     terms of committee members so that approximately 1/2 of the committee members are
655     appointed every two years.
656          (f) No member may receive compensation or benefits for the member's service on the
657     committee.
658          (9) (a) School districts and charter schools shall require each licensed employee to
659     complete two hours of professional development on youth suicide prevention within their
660     license cycle in accordance with Section 53A-6-104.
661          (b) The State Board of Education shall develop or adopt sample materials to be used by
662     a school district or charter school for professional development training on youth suicide
663     prevention.
664          (c) The training required by this Subsection (9) shall be incorporated into professional
665     development training required by rule in accordance with Section 53A-6-104.
666          Section 12. Section 53A-1-606.7 is amended to read:
667          53A-1-606.7. State Board of Education required to contract for a diagnostic
668     assessment system for reading.
669          (1) The State Board of Education shall contract with an educational technology
670     provider, selected through a request for proposals process, for a diagnostic assessment system
671     for reading for students in kindergarten through grade three that meets the requirements of this
672     section.
673          (2) The diagnostic assessment system for reading shall be made available to school
674     districts and charter schools that apply to use the diagnostic assessment for reading beginning
675     in the 2011-12 school year.
676          (3) The diagnostic assessment system for reading for students in kindergarten through

677     grade three shall:
678          (a) include benchmark assessments of reading proficiency to be administered at the
679     beginning, in the middle, and at the end of kindergarten, grade one, grade two, and grade three;
680          (b) include formative assessments to be administered every two to four weeks for
681     students who are at high risk of not attaining proficiency in reading;
682          (c) align with the language arts core [curriculum] standards for Utah public schools
683     adopted by the State Board of Education; and
684          (d) include a data analysis component hosted by the contractor that:
685          (i) has the capacity to generate electronic information immediately and produce
686     individualized student progress reports, class summaries, and class groupings for instruction;
687          (ii) has the capability of identifying lesson plans that may be used to develop reading
688     skills;
689          (iii) enables teachers, administrators, and designated supervisors to access reports
690     through a secured password system;
691          (iv) produces electronic printable reports for parents and administrators; and
692          (v) has the capability for principals to monitor usage by teachers.
693          (4) (a) The benchmark and formative assessments specified in Subsections (3)(a) and
694     (b) shall be available to be downloaded to a portable technology device so that a teacher may
695     be able to sit beside a student as the student is being assessed at any location in the classroom
696     or throughout the school.
697          (b) After an assessment is downloaded to a portable technology device, the device shall
698     have the capability to operate in stand-alone mode if the Internet connection is lost.
699          (c) After an assessment is completed and uploaded to the data analysis component, the
700     data analysis component shall be capable of allowing data and reports to be viewed and printed
701     immediately.
702          (5) The State Board of Education shall:
703          (a) evaluate the effects of the diagnostic assessment system for reading by comparing
704     the learning gains of students in school districts and charter schools that use the diagnostic
705     assessment system for reading with the learning gains of students in school districts and charter
706     schools that do not use the diagnostic assessment system for reading; and
707          (b) submit a report on the evaluation to the Public Education Appropriations

708     Subcommittee by November 2013.
709          Section 13. Section 53A-1-708 is amended to read:
710          53A-1-708. Grants for online delivery of U-PASS tests.
711          (1) As used in this section:
712          (a) "Adaptive tests" means tests administered during the school year using an online
713     adaptive test system.
714          (b) "Core standards for Utah public schools" means the standards developed and
715     adopted by the State Board of Education that define the knowledge and skills students should
716     have in kindergarten through grade 12 to enable students to be prepared for college or
717     workforce training.
718          [(b)] (c) "Summative tests" means tests administered near the end of a course to assess
719     overall achievement of course goals.
720          [(c)] (d) "Uniform online summative test system" means a single system for the online
721     delivery of summative tests required under U-PASS that:
722          (i) is coordinated by the Utah State Office of Education;
723          (ii) ensures the reliability and security of U-PASS tests; and
724          (iii) is selected through collaboration between Utah State Office of Education and
725     school district representatives with expertise in technology, assessment, and administration.
726          [(d)] (e) "U-PASS" means the Utah Performance Assessment System for Students.
727          [(e) "Utah's common core" means the core set of English language arts and
728     mathematics standards developed and adopted by the State Board of Education that define the
729     knowledge and skills students should have in kindergarten through grade 12 to enable them to
730     be prepared for college or workforce training.]
731          (2) The State Board of Education may award grants to school districts and charter
732     schools to implement one or both of the following:
733          (a) a uniform online summative test system to enable parents of students and school
734     staff to review U-PASS test scores by the end of the school year; or
735          (b) an online adaptive test system to enable parents of students and school staff to
736     measure and monitor a student's academic progress during a school year.
737          (3) (a) Grant money may be used to pay for any of the following, provided it is directly
738     related to implementing a uniform online summative test system, an online adaptive test

739     system, or both:
740          (i) computer equipment and peripherals, including electronic data capture devices
741     designed for electronic test administration and scoring;
742          (ii) software;
743          (iii) networking equipment;
744          (iv) upgrades of existing equipment or software;
745          (v) upgrades of existing physical plant facilities;
746          (vi) personnel to provide technical support or coordination and management; and
747          (vii) teacher professional development.
748          (b) Equipment purchased in compliance with Subsection (3)(a), when not in use for the
749     online delivery of summative tests or adaptive tests required under U-PASS may be used for
750     other purposes.
751          (4) The State Board of Education shall make rules:
752          (a) establishing procedures for applying for and awarding grants;
753          (b) specifying how grant money shall be allocated among school districts and charter
754     schools;
755          (c) requiring reporting of grant money expenditures and evidence showing that the
756     grant money has been used to implement a uniform online summative test system, an online
757     adaptive test system, or both;
758          (d) establishing technology standards for an online adaptive testing system;
759          (e) requiring a school district or charter school that receives a grant under this section
760     to implement, in compliance with Chapter 13, Part 3, Utah Family Educational Rights and
761     Privacy Act, an online adaptive test system by the 2014-15 school year that:
762          (i) meets the technology standards established under Subsection (4)(d); and
763          (ii) is aligned with [Utah's common core] the core standards for Utah public schools;
764          (f) requiring a school district or charter school to provide matching funds to implement
765     a uniform online summative test system, an online adaptive test system, or both in an amount
766     that is greater than or equal to the amount of a grant received under this section; and
767          (g) assuring that student identifiable data is not released to any person, except as
768     provided by Section 53A-13-301 and rules of the State Board of Education adopted under that
769     section.

770          (5) If a school district or charter school uses grant money for purposes other than those
771     stated in Subsection (3), the school district or charter school is liable for reimbursing the State
772     Board of Education in the amount of the grant money improperly used.
773          (6) A school district or charter school may not use federal funds to provide the
774     matching funds required to receive a grant under this section.
775          (7) A school district may not impose a tax rate above the certified tax rate for the
776     purpose of generating revenue to provide matching funds for a grant under this section.
777          Section 14. Section 53A-1-709 is amended to read:
778          53A-1-709. Smart School Technology Program.
779          (1) As used in this section, "program" means the Smart School Technology Program.
780          (2) The Smart School Technology Program is created to encourage the deployment of
781     whole-school one-to-one mobile device technology in public schools.
782          (3) The Board of Business and Economic Development with input from an
783     independent evaluating committee, shall issue a request for proposals for the development and
784     implementation of a whole-school one-to-one mobile device technology deployment plan for
785     schools.
786          (4) From recommendations submitted by an independent evaluating committee, the
787     Board of Business and Economic Development shall select a single education technology
788     provider with integrated whole-school technology deployment experience through the request
789     for proposals process.
790          (5) (a) An independent evaluating committee shall be established to:
791          (i) advise the Board of Business and Economic Development in issuing a request for
792     proposals under Subsection (3);
793          (ii) evaluate proposals submitted through a request for proposals issued under
794     Subsection (3); and
795          (iii) advise the State Board of Education on selecting schools to participate in the
796     program.
797          (b) The membership of the independent evaluating committee shall include:
798          (i) three members of the State Board of Education appointed by the chair of the State
799     Board of Education;
800          (ii) the state chief information officer;

801          (iii) two members appointed by the executive director of the Governor's Office of
802     Economic Development; and
803          (iv) the governor's education director.
804          (c) The independent evaluating committee shall evaluate a proposal on:
805          (i) a provider's experience with integrated whole-school technology deployment; and
806          (ii) the components of a whole-school technology deployment plan.
807          (6) An educational technology provider selected under Subsection (4) shall develop a
808     customized whole-school one-to-one mobile device technology deployment plan for each
809     school participating in the program.
810          (7) The whole-school technology deployment plan shall be based on submitted
811     proposals to the committee and may include the following components:
812          (a) a personal mobile learning device for each student;
813          (b) desktop or laptop computers for each classroom;
814          (c) peripherals and networking equipment, including a wireless network that is not
815     self-interfering;
816          (d) wireless audio equipment in each classroom;
817          (e) digital projectors or televisions with wireless device mirroring technology;
818          (f) on and off campus Internet filtering;
819          (g) operating software for the technology system, including software that connects
820     personal mobile learning devices among students and a teacher to facilitate classroom
821     interaction;
822          (h) curriculum and instructional software purchase credits per device to be used toward
823     improving student outcomes with respect to the core [curriculum] standards for Utah public
824     schools and skill building on the use of technology;
825          (i) device repair and replacement criteria;
826          (j) professional development for educators and technology specialists on:
827          (i) the operation and use of the technology equipment; and
828          (ii) accessing and using online content; and
829          (k) ongoing technical support.
830          (8) (a) A school within a school district, with the approval of the local school board, or
831     a charter school, may submit an application to the State Board of Education to participate in the

832     program.
833          (b) With input from the independent evaluating committee established under
834     Subsection (5), the State Board of Education shall select schools to participate in the program.
835          (c) In selecting schools, the State Board of Education shall seek to include in the
836     program schools:
837          (i) from different regions of the state;
838          (ii) from urban and rural areas;
839          (iii) with a variety of economic and demographic characteristics; and
840          (iv) with documented technology implementation plans, including a plan for the use of:
841          (A) instructional software that improves student outcomes with respect to the core
842     [curriculum] standards for Utah public schools; and
843          (B) software that provides students with skill building on the use of technology.
844          (d) The State Board of Education shall make rules:
845          (i) specifying procedures and criteria to be used for selecting schools that may
846     participate in the program; and
847          (ii) requiring selected schools to provide matching funds to participate in the program.
848          (9) (a) The State Board of Education, in collaboration with the education technology
849     provider and the schools participating in the program, shall evaluate the program and submit a
850     report on the evaluation to the Governor's Office of Economic Development and the Education
851     Interim Committee by the committee's October meetings in 2013 and 2014.
852          (b) The State Board of Education may contract with an independent evaluator to
853     conduct the evaluation required in Subsection (9)(a).
854          (c) The evaluation shall be based on the following criteria:
855          (i) technology system functionality;
856          (ii) school level outcomes;
857          (iii) teacher instruction and outcomes; and
858          (iv) student engagement and outcomes.
859          Section 15. Section 53A-1-901 is amended to read:
860     
Part 9. Implementing Federal or National Education Programs Act

861          53A-1-901. Title.
862          This part is known as the "Implementing Federal or National Education Programs Act."

863          Section 16. Section 53A-1-902 is amended to read:
864          53A-1-902. Definitions.
865          As used in this part:
866          (1) (a) "Cost" means an estimation of state and local money required to implement a
867     federal education agreement or national program.
868          (b) "Cost" does not include capital costs associated with implementing a federal
869     education agreement or national program.
870          (2) "Education entities" means the entities that may bear the state and local costs of
871     implementing a federal program or national program, including:
872          (a) the State Board of Education;
873          (b) the state superintendent [and the State Office of Education] of public instruction;
874          (c) a local school board;
875          (d) a school district and its schools;
876          (e) a charter school governing board; and
877          (f) a charter school.
878          (3) "Federal education agreement" means a legally binding document or representation
879     that requires a school official to implement a federal program or set of requirements that
880     originates from the U.S. Department of Education and that has, as a primary focus, an impact
881     on the educational services at a district or charter school.
882          (4) "Federal programs" include:
883          (a) the No Child Left Behind Act;
884          (b) the Individuals with Disabilities Education Act Amendments of 1997, Public Law
885     105-17, and subsequent amendments; and
886          (c) other federal educational programs.
887          (5) "National program" means a national or multi-state education program, agreement,
888     or standards that:
889          (a) originated from, or were received directly or indirectly from, a national or
890     multi-state organization, coalition, or compact;
891          (b) have, as a primary focus, an impact on the educational services at a public school;
892     and
893          (c) are adopted by the State Board of Education or state superintendent of public

894     instruction with the intent to cause a local school official to implement the national or
895     multi-state education program, agreement, or standards.
896          [(5)] (6) "No Child Left Behind Act" means the No Child Left Behind Act of 2001, 20
897     U.S.C. Sec. 6301 et seq.
898          [(6)] (7) "School official" includes:
899          (a) the State Board of Education;
900          (b) the state superintendent;
901          (c) employees of the State Board of Education and the state superintendent;
902          (d) local school boards;
903          (e) school district superintendents and employees; and
904          (f) charter school board members, administrators, and employees.
905          Section 17. Section 53A-1-905 is amended to read:
906          53A-1-905. Notice of voidableness of federal education agreements or national
907     programs.
908          A federal education agreement or national program that may cost education entities
909     more than $500,000 annually from state and local money to implement, that is executed by a
910     school official in violation of this part, is voidable by the governor or the Legislature as
911     provided in this part.
912          Section 18. Section 53A-1-906 is amended to read:
913          53A-1-906. Governor to approve federal education agreements or national
914     programs.
915          (1) Before legally binding the state by executing a federal education agreement or
916     national program that may cost education entities more than $500,000 annually from state and
917     local money to implement, a school official shall submit the proposed federal education
918     agreement or national program to the governor for the governor's approval or rejection.
919          (2) The governor shall approve or reject each federal education agreement or national
920     program.
921          (3) (a) If the governor approves the federal education agreement or national program,
922     the school official may execute the agreement.
923          (b) If the governor rejects the federal education agreement or national program, the
924     school official may not execute the agreement.

925          (4) If a school official executes a federal education agreement or national program
926     without obtaining the governor's approval under this section, the governor may issue an
927     executive order declaring the federal education agreement or national program void.
928          Section 19. Section 53A-1-907 is amended to read:
929          53A-1-907. Legislative review and approval of federal education agreements or
930     national programs.
931          (1) (a) Before legally binding the state by executing a federal education agreement or
932     national program that may cost education entities more than $1,000,000 annually from state
933     and local money to implement, the school official shall:
934          (i) submit the proposed federal education agreement or national program to the
935     governor for the governor's approval or rejection as required by Section 53A-1-906; and
936          (ii) if the governor approves the federal education agreement or national program,
937     submit the federal education agreement to the Executive Appropriations Committee of the
938     Legislature for its review and recommendations.
939          (b) The Executive Appropriations Committee shall review the federal education
940     agreement or national program and may:
941          (i) recommend that the school official execute the federal education agreement or
942     national program;
943          (ii) recommend that the school official reject the federal education agreement or
944     national program; or
945          (iii) recommend to the governor that the governor call a special session of the
946     Legislature to review and approve or reject the federal education agreement or national
947     program.
948          (2) (a) Before legally binding the state by executing a federal education agreement or
949     national program that may cost education entities more than $5,000,000 annually to implement,
950     a school official shall:
951          (i) submit the proposed federal education agreement or national program to the
952     governor for the governor's approval or rejection as required by Section 53A-1-906; and
953          (ii) if the governor approves the federal education agreement or national program,
954     submit the federal education agreement or national program to the Legislature for its approval
955     in an annual general session or a special session.

956          (b) (i) If the Legislature approves the federal education agreement or national program,
957     the school official may execute the agreement.
958          (ii) If the Legislature rejects the federal education agreement or national program, the
959     school official may not execute the agreement.
960          (c) If a school official executes a federal education agreement or national program
961     without obtaining the Legislature's approval under this Subsection (2):
962          (i) the governor may issue an executive order declaring the federal education
963     agreement or national program void; or
964          (ii) the Legislature may pass a joint resolution declaring the federal education
965     agreement or national program void.
966          Section 20. Section 53A-1-908 is amended to read:
967          53A-1-908. Cost evaluation of federal education agreements or national
968     programs.
969          (1) Before legally binding the state to a federal education agreement or national
970     program that may cost the state a total of $500,000 or more to implement, a school official
971     shall estimate the state and local cost of implementing the federal education agreement or
972     national program and submit that cost estimate to the governor and the Executive
973     Appropriations Committee of the Legislature.
974          (2) The Executive Appropriations Committee may:
975          (a) direct its staff to make an independent cost estimate of the cost of implementing the
976     federal education agreement or national program; and
977          (b) affirmatively adopt a cost estimate as the benchmark for determining which
978     authorizations established by this part are necessary.
979          Section 21. Section 53A-1-1103 is amended to read:
980          53A-1-1103. State Board of Education to establish school grading system --
981     Report to Education Interim Committee.
982          (1) (a) The State Board of Education shall establish a school grading system in
983     accordance with this part in which a school annually is designated a grade of A, B, C, D, or F
984     based on the performance of the school's students on statewide assessments, and for a high
985     school, the graduation rate and, except for the 2012-13 school year, student performance on a
986     college admissions test administered pursuant to Section 53A-1-611.

987          (b) The school grading system established in this part shall be known and referred to as
988     "school grading."
989          (2) The State Board of Education shall:
990          (a) model the school grading system described in this part using school performance
991     data for the 2010-11 school year;
992          (b) study modifications to the school grading system; and
993          (c) make recommendations for proposed legislation to the Education Interim
994     Committee on modifications to the school grading system by the committee's September 2012
995     meeting.
996          (3) The school grading system shall take effect for the 2012-13 school year and shall
997     replace the U-PASS accountability system developed and implemented by the State Board of
998     Education.
999          (4) For the purposes of school grading, the State Board of Education shall create an
1000     alignment mapping of scale scores when transitioning to a new assessment system to reflect the
1001     [standards of academic achievement] core standards for Utah public schools set by the State
1002     Board of Education.
1003          Section 22. Section 53A-1a-103 is amended to read:
1004          53A-1a-103. Public education's vision and mission.
1005          (1) The Legislature envisions an educated citizenry that encompasses the following
1006     foundational principles:
1007          (a) citizen participation in civic and political affairs;
1008          (b) economic prosperity for the state by graduating students who are college and career
1009     ready;
1010          (c) strong moral and social values; and
1011          (d) loyalty and commitment to constitutional government.
1012          (2) The Legislature recognizes that public education's mission is to assure Utah the best
1013     educated citizenry in the world and each individual the training to succeed in a global society
1014     by providing students with:
1015          (a) learning and occupational skills;
1016          (b) character development;
1017          (c) literacy and numeracy;

1018          (d) high quality instruction;
1019          (e) curriculum [with] based on high standards and relevance; and
1020          (f) effective assessment to inform high quality instruction and accountability.
1021          (3) The Legislature:
1022          (a) recognizes that parents or guardians are a child's first teachers and are responsible
1023     for the education of their children;
1024          (b) encourages family engagement and adequate preparation so that students enter the
1025     public education system ready to learn; and
1026          (c) intends that the mission detailed in Subsection (2) be carried out through a
1027     responsive educational system that guarantees local school communities autonomy, flexibility,
1028     and client choice, while holding them accountable for results.
1029          (4) This section will be applied consistent with Section 53A-13-109.
1030          Section 23. Section 53A-1a-104 is amended to read:
1031          53A-1a-104. Characteristics of public education system.
1032          The Legislature shall assist in maintaining a public education system that has the
1033     following characteristics:
1034          (1) assumes that all students have the ability to learn and that each student departing
1035     the system will be prepared to achieve success in productive employment, further education, or
1036     both;
1037          (2) provides a personalized education plan or personalized education occupation plan
1038     for each student, which involves the student, the student's parent or guardian, and school
1039     personnel in establishing the plan;
1040          (3) provides students with the knowledge and skills to take responsibility for their
1041     decisions and to make appropriate choices;
1042          (4) provides opportunities for students to exhibit the capacity to learn, think, reason,
1043     and work effectively, individually and in groups;
1044          (5) offers [a world-class core curriculum that enables] world-class core standards that
1045     enable students to successfully compete in a global society, and to succeed as citizens of a
1046     constitutional republic;
1047          (6) incorporates an information retrieval system that provides students, parents, and
1048     educators with reliable, useful, and timely data on the progress of each student;

1049          (7) attracts, prepares, inducts, and retains excellent teachers for every classroom in
1050     large part through collaborative efforts among the State Board of Education, the State Board of
1051     Regents, and school districts, provides effective ongoing professional development
1052     opportunities for teachers to improve their teaching skills, and provides recognition, rewards,
1053     and compensation for their excellence;
1054          (8) empowers each school district and public school to create its own vision and plan
1055     to achieve results consistent with the objectives outlined in this chapter;
1056          (9) uses technology to improve teaching and learning processes and for the delivery of
1057     educational services;
1058          (10) promotes ongoing research and development projects at the district and the school
1059     level that are directed at improving or enhancing public education;
1060          (11) offers a public school choice program, which gives students and their parents
1061     options to best meet the student's personalized education needs;
1062          (12) emphasizes the involvement of educators, parents, business partnerships, and the
1063     community at large in the educational process by allowing them to be involved in establishing
1064     and implementing educational goals and participating in decision-making at the school site;
1065     and
1066          (13) emphasizes competency-based standards and progress-based assessments,
1067     including tracking and measurement systems.
1068          Section 24. Section 53A-1a-107 is amended to read:
1069          53A-1a-107. State Board of Education assistance to districts and schools.
1070          In order to assist school districts and individual schools in acquiring and maintaining
1071     the characteristics set forth in Section 53A-1a-104, the State Board of Education shall:
1072          (1) provide the framework for an education system, including core [competencies]
1073     competency standards and their assessment, in which school districts and public schools permit
1074     students to advance by demonstrating competency in subject matter and mastery of skills;
1075          [(2) develop and disseminate a state model curriculum, structured to incorporate the
1076     concepts of quality versus quantity, depth versus breadth, subject integration and application,
1077     applied thinking skills, character development, and a global prospective, which districts and
1078     schools may use to assist teachers in helping students acquire the competencies and skills
1079     required to advance through the public education system, and periodically review and, if

1080     appropriate, revise the curriculum;]
1081          [(3)] (2) conduct a statewide public awareness program on competency-based
1082     educational systems;
1083          [(4)] (3) compile and publish, for the state as a whole, a set of educational performance
1084     indicators describing trends in student performance;
1085          [(5)] (4) promote a public education climate of high expectations and academic
1086     excellence;
1087          [(6)] (5) disseminate successful site-based decision-making models to districts and
1088     schools and provide teacher professional development opportunities and evaluation programs
1089     for site-based plans consistent with Subsections 53A-1a-104(7) and 53A-6-102(2)(a) and (b);
1090          [(7)] (6) provide a mechanism for widespread dissemination of information about
1091     strategic planning for public education, including involvement of business and industry in the
1092     education process, in order to ensure the understanding and support of all the individuals and
1093     groups concerned with the mission of public education as outlined in Section 53A-1a-103;
1094          [(8)] (7) provide for a research and development clearing house at the state level to
1095     receive and share with school districts and public schools information on effective and
1096     innovative practices and programs in education;
1097          [(9)] (8) help school districts develop and implement guidelines, strategies, and
1098     professional development programs for administrators and teachers consistent with Subsections
1099     53A-1a-104(7) and 53A-6-102(2)(a) and (b) focused on improving interaction with parents and
1100     promoting greater parental involvement in the public schools; and
1101          [(10)] (9) in concert with the State Board of Regents and the state's colleges of
1102     education review and revise teacher licensing requirements to be consistent with teacher
1103     preparation for participation in personalized education programs within the public schools.
1104          Section 25. Section 53A-3-402 is amended to read:
1105          53A-3-402. Powers and duties generally.
1106          (1) Each local school board shall:
1107          (a) implement the core [curriculum] standards for Utah public schools utilizing
1108     instructional materials that best correlate to the core [curriculum] standards for Utah public
1109     schools and graduation requirements;
1110          (b) administer tests, required by the State Board of Education, which measure the

1111     progress of each student, and coordinate with the state superintendent and State Board of
1112     Education to assess results and create plans to improve the student's progress which shall be
1113     submitted to the State Office of Education for approval;
1114          (c) use progress-based assessments as part of a plan to identify schools, teachers, and
1115     students that need remediation and determine the type and amount of federal, state, and local
1116     resources to implement remediation;
1117          (d) develop early warning systems for students or classes failing to make progress;
1118          (e) work with the State Office of Education to establish a library of documented best
1119     practices, consistent with state and federal regulations, for use by the local districts; and
1120          (f) implement training programs for school administrators, including basic
1121     management training, best practices in instructional methods, budget training, staff
1122     management, managing for learning results and continuous improvement, and how to help
1123     every child achieve optimal learning in [core academics] basic academic subjects.
1124          (2) Local school boards shall spend minimum school program funds for programs and
1125     activities for which the State Board of Education has established minimum standards or rules
1126     under Section 53A-1-402.
1127          (3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
1128     and equipment and construct, erect, and furnish school buildings.
1129          (b) School sites or buildings may only be conveyed or sold on board resolution
1130     affirmed by at least two-thirds of the members.
1131          (4) (a) A board may participate in the joint construction or operation of a school
1132     attended by children residing within the district and children residing in other districts either
1133     within or outside the state.
1134          (b) Any agreement for the joint operation or construction of a school shall:
1135          (i) be signed by the president of the board of each participating district;
1136          (ii) include a mutually agreed upon pro rata cost; and
1137          (iii) be filed with the State Board of Education.
1138          (5) A board may establish, locate, and maintain elementary, secondary, and applied
1139     technology schools.
1140          (6) Except as provided in Section 53A-1-1001, a board may enroll children in school
1141     who are at least five years of age before September 2 of the year in which admission is sought.

1142          (7) A board may establish and support school libraries.
1143          (8) A board may collect damages for the loss, injury, or destruction of school property.
1144          (9) A board may authorize guidance and counseling services for children and their
1145     parents or guardians prior to, during, or following enrollment of the children in schools.
1146          (10) (a) A board shall administer and implement federal educational programs in
1147     accordance with Title 53A, Chapter 1, Part 9, Implementing Federal Programs Act.
1148          (b) Federal funds are not considered funds within the school district budget under Title
1149     53A, Chapter 19, School District Budgets.
1150          (11) (a) A board may organize school safety patrols and adopt rules under which the
1151     patrols promote student safety.
1152          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
1153     parental consent for the appointment.
1154          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
1155     of a highway intended for vehicular traffic use.
1156          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
1157     safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
1158     the program by virtue of the organization, maintenance, or operation of a school safety patrol.
1159          (12) (a) A board may on its own behalf, or on behalf of an educational institution for
1160     which the board is the direct governing body, accept private grants, loans, gifts, endowments,
1161     devises, or bequests that are made for educational purposes.
1162          (b) These contributions are not subject to appropriation by the Legislature.
1163          (13) (a) A board may appoint and fix the compensation of a compliance officer to issue
1164     citations for violations of Subsection 76-10-105(2).
1165          (b) A person may not be appointed to serve as a compliance officer without the
1166     person's consent.
1167          (c) A teacher or student may not be appointed as a compliance officer.
1168          (14) A board shall adopt bylaws and rules for its own procedures.
1169          (15) (a) A board shall make and enforce rules necessary for the control and
1170     management of the district schools.
1171          (b) All board rules and policies shall be in writing, filed, and referenced for public
1172     access.

1173          (16) A board may hold school on legal holidays other than Sundays.
1174          (17) (a) Each board shall establish for each school year a school traffic safety
1175     committee to implement this Subsection (17).
1176          (b) The committee shall be composed of one representative of:
1177          (i) the schools within the district;
1178          (ii) the Parent Teachers' Association of the schools within the district;
1179          (iii) the municipality or county;
1180          (iv) state or local law enforcement; and
1181          (v) state or local traffic safety engineering.
1182          (c) The committee shall:
1183          (i) receive suggestions from school community councils, parents, teachers, and others
1184     and recommend school traffic safety improvements, boundary changes to enhance safety, and
1185     school traffic safety program measures;
1186          (ii) review and submit annually to the Department of Transportation and affected
1187     municipalities and counties a child access routing plan for each elementary, middle, and junior
1188     high school within the district;
1189          (iii) consult the Utah Safety Council and the Division of Family Health Services and
1190     provide training to all school children in kindergarten through grade six, within the district, on
1191     school crossing safety and use; and
1192          (iv) help ensure the district's compliance with rules made by the Department of
1193     Transportation under Section 41-6a-303.
1194          (d) The committee may establish subcommittees as needed to assist in accomplishing
1195     its duties under Subsection (17)(c).
1196          (18) (a) Each school board shall adopt and implement a comprehensive emergency
1197     response plan to prevent and combat violence in its public schools, on school grounds, on its
1198     school vehicles, and in connection with school-related activities or events.
1199          (b) The board shall implement its plan by July 1, 2000.
1200          (c) The plan shall:
1201          (i) include prevention, intervention, and response components;
1202          (ii) be consistent with the student conduct and discipline policies required for school
1203     districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;

1204          (iii) require inservice training for all district and school building staff on what their
1205     roles are in the emergency response plan;
1206          (iv) provide for coordination with local law enforcement and other public safety
1207     representatives in preventing, intervening, and responding to violence in the areas and activities
1208     referred to in Subsection (18)(a); and
1209          (v) include procedures to notify a student, to the extent practicable, who is off campus
1210     at the time of a school violence emergency because the student is:
1211          (A) participating in a school-related activity; or
1212          (B) excused from school for a period of time during the regular school day to
1213     participate in religious instruction at the request of the student's parent or guardian.
1214          (d) The State Board of Education, through the state superintendent of public
1215     instruction, shall develop comprehensive emergency response plan models that local school
1216     boards may use, where appropriate, to comply with Subsection (18)(a).
1217          (e) Each local school board shall, by July 1 of each year, certify to the State Board of
1218     Education that its plan has been practiced at the school level and presented to and reviewed by
1219     its teachers, administrators, students, and their parents and local law enforcement and public
1220     safety representatives.
1221          (19) (a) Each local school board may adopt an emergency response plan for the
1222     treatment of sports-related injuries that occur during school sports practices and events.
1223          (b) The plan may be implemented by each secondary school in the district that has a
1224     sports program for students.
1225          (c) The plan may:
1226          (i) include emergency personnel, emergency communication, and emergency
1227     equipment components;
1228          (ii) require inservice training on the emergency response plan for school personnel who
1229     are involved in sports programs in the district's secondary schools; and
1230          (iii) provide for coordination with individuals and agency representatives who:
1231          (A) are not employees of the school district; and
1232          (B) would be involved in providing emergency services to students injured while
1233     participating in sports events.
1234          (d) The board, in collaboration with the schools referred to in Subsection (19)(b), may

1235     review the plan each year and make revisions when required to improve or enhance the plan.
1236          (e) The State Board of Education, through the state superintendent of public
1237     instruction, shall provide local school boards with an emergency plan response model that local
1238     boards may use to comply with the requirements of this Subsection (19).
1239          (20) A board shall do all other things necessary for the maintenance, prosperity, and
1240     success of the schools and the promotion of education.
1241          (21) (a) Before closing a school or changing the boundaries of a school, a board shall:
1242          (i) hold a public hearing, as defined in Section 10-9a-103; and
1243          (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
1244          (b) The notice of a public hearing required under Subsection (21)(a) shall:
1245          (i) indicate the:
1246          (A) school or schools under consideration for closure or boundary change; and
1247          (B) date, time, and location of the public hearing; and
1248          (ii) at least 10 days prior to the public hearing, be:
1249          (A) published:
1250          (I) in a newspaper of general circulation in the area; and
1251          (II) on the Utah Public Notice Website created in Section 63F-1-701; and
1252          (B) posted in at least three public locations within the municipality or on the district's
1253     official website.
1254          (22) A board may implement a facility energy efficiency program established under
1255     Title 11, Chapter 44, Facility Energy Efficiency Act.
1256          Section 26. Section 53A-3-602.5 is amended to read:
1257          53A-3-602.5. School performance report -- Components -- Annual filing.
1258          (1) For a school year beginning with or after the 2010-11 school year, the State Board
1259     of Education in collaboration with the state's school districts and charter schools shall develop
1260     a school performance report to inform the state's residents of the quality of schools and the
1261     educational achievement of students in the state's public education system.
1262          (2) The report described in Subsection (1) shall be written and include the following
1263     statistical data for each school in a school district and each charter school, as applicable, except
1264     as provided by Subsection (2)(g), and shall also aggregate the data at the school district and
1265     state level:

1266          (a) test scores over the previous year on:
1267          (i) criterion-referenced or online computer adaptive tests to include the scores
1268     aggregated for all students:
1269          (A) by grade level or course for the previous two years and an indication of whether
1270     there was a sufficient magnitude of gain in the scores between the two years; and
1271          (B) by class;
1272          (ii) online writing assessments required under Section 53A-1-603; and
1273          (iii) college readiness assessments required under Section 53A-1-603;
1274          (b) college entrance examinations data, including the number and percentage of each
1275     graduating class taking the examinations for the previous four years;
1276          (c) advanced placement and concurrent enrollment data, including:
1277          (i) the number of students taking advanced placement and concurrent enrollment
1278     courses;
1279          (ii) the number and percent of students taking a specific advanced placement course
1280     who take advanced placement tests to receive college credit for the course;
1281          (iii) of those students taking the test referred to in Subsection (2)(c)(ii), the number and
1282     percent who pass the test; and
1283          (iv) of those students taking a concurrent enrollment course, the number and percent of
1284     those who receive college credit for the course;
1285          (d) the number and percent of students in grade 3 reading at or above grade level;
1286          (e) the number and percent of students who were absent from school 10 days or more
1287     during the school year;
1288          (f) achievement gaps that reflect the differences in achievement of various student
1289     groups as defined by State Board of Education rule;
1290          (g) the number and percent of "student dropouts" within the school district as defined
1291     by State Board of Education rule;
1292          (h) course-taking patterns and trends in secondary schools;
1293          (i) student mobility;
1294          (j) staff qualifications, to include years of professional service and the number and
1295     percent of staff who have a degree or endorsement in their assigned teaching area and the
1296     number and percent of staff who have a graduate degree;

1297          (k) the number and percent of parents who participate in SEP, SEOP, and
1298     parent-teacher conferences;
1299          (l) average class size calculated in accordance with State Board of Education rule
1300     adopted under Subsection (4);
1301          (m) average daily attendance as defined by State Board of Education rule, including
1302     every period in secondary schools; and
1303          (n) enrollment totals disaggregated with respect to race, ethnicity, gender, limited
1304     English proficiency, and those students who qualify for free or reduced price school lunch.
1305          (3) For a school year beginning with or after the 2010-11 school year, the State Board
1306     of Education, in collaboration with the state's school districts and charter schools, shall provide
1307     for the collection and electronic reporting of the following data for a school in each school
1308     district and each charter school:
1309          (a) test scores and trends over the previous four years on the tests referred to in
1310     Subsection (2)(a);
1311          (b) the average grade given in each math, science, and English course in grades 9
1312     through 12 for which criterion-referenced or online computer adaptive tests are required under
1313     Section 53A-1-603;
1314          (c) incidents of student discipline as defined by State Board of Education rule,
1315     including suspensions, expulsions, and court referrals; and
1316          (d) the number and percent of students receiving fee waivers and the total dollar
1317     amount of fees waived.
1318          (4) (a) The State Board of Education shall adopt common definitions and data
1319     collection procedures for local school boards and charter schools to use in collecting and
1320     forwarding the data required under Subsections (2) and (3) to the state superintendent of public
1321     instruction.
1322          (b) (i) In accordance with Subsections (4)(b)(ii) through (4)(b)(iv), the State Board of
1323     Education shall adopt rules specifying how average class size shall be calculated.
1324          (ii) (A) Except as provided by Subsections (4)(b)(ii)(B) through (4)(b)(ii)(D) or for
1325     nontraditional classes identified by rule, average class size at the elementary school level shall:
1326          (I) be calculated by grade level; and
1327          (II) indicate the average number of students who are assigned to a teacher for

1328     instruction together during a designated time period.
1329          (B) If students at the elementary school level receive instruction in [core] basic
1330     academic classes from different teachers, average class size may be calculated as provided by
1331     Subsection (4)(b)(iii) for secondary school students.
1332          (C) An elementary school class that includes students from multiple grade levels shall
1333     be counted as a single class.
1334          (D) An extended day class in which a portion of the class arrives early and the other
1335     portion stays late shall be counted as a single class.
1336          (iii) (A) Except as provided by Subsection (4)(b)(iii)(B) or for nontraditional classes
1337     identified by rule, average class size at the secondary school level shall:
1338          (I) be calculated for core language arts, mathematics, and science courses; and
1339          (II) indicate the average number of students who are assigned to a teacher for
1340     instruction together during a designated time period.
1341          (B) A secondary school class in which a teacher provides instruction in multiple
1342     courses shall be counted as a single class.
1343          (iv) Special education classes and online classes shall be excluded when determining
1344     average class size by grade at the elementary school level or the average class size of core
1345     language arts, mathematics, and science courses at the secondary level.
1346          (c) The State Board of Education, through the state superintendent of public
1347     instruction, shall adopt standard reporting forms and provide a common template for collecting
1348     and reporting the data, which shall be used by all school districts and charter schools.
1349          (d) The state superintendent shall use the automated decision support system referred
1350     to in Section 53A-1-301 to collect and report the data required under Subsections (2) and (3).
1351          (5) (a) For a school year beginning with or after the 2010-11 school year, the State
1352     Board of Education, through the state superintendent of public instruction, shall issue its report
1353     annually by October 1 to include the required data from the previous school year or years as
1354     indicated in Subsections (2) and (3).
1355          (b) The State Board of Education shall publish on the State Board of Education's
1356     website U-PASS school reports for the 2009-10 school year that indicate the academic
1357     proficiency and progress of a school's students and whether the school meets state standards of
1358     performance.

1359          (6) (a) Each local school board and each charter school shall receive a written or an
1360     electronic copy of the report from the state superintendent of public instruction containing the
1361     data for that school district or charter school in a clear summary format and have it distributed,
1362     on a one per household basis, to the residence of students enrolled in the school district or
1363     charter school before November 30th of each year.
1364          (b) Each local school board, each charter school, and the State Board of Education
1365     shall have a complete report of the statewide data available for copying or in an electronic
1366     format at their respective offices.
1367          Section 27. Section 53A-3-701 is amended to read:
1368          53A-3-701. Professional learning standards.
1369          (1) As used in this section, "professional learning" means a comprehensive, sustained,
1370     and evidence-based approach to improving teachers' and principals' effectiveness in raising
1371     student achievement.
1372          (2) A school district or charter school shall implement high quality professional
1373     learning that meets the following standards:
1374          (a) professional learning occurs within learning communities committed to continuous
1375     improvement, individual and collective responsibility, and goal alignment;
1376          (b) professional learning requires skillful leaders who develop capacity, advocate, and
1377     create support systems, for professional learning;
1378          (c) professional learning requires prioritizing, monitoring, and coordinating resources
1379     for educator learning;
1380          (d) professional learning uses a variety of sources and types of student, educator, and
1381     system data to plan, assess, and evaluate professional learning;
1382          (e) professional learning integrates theories, research, and models of human learning to
1383     achieve its intended outcomes;
1384          (f) professional learning applies research on change and sustains support for
1385     implementation of professional learning for long-term change;
1386          (g) professional learning aligns its outcomes with:
1387          (i) performance standards for teachers and school administrators as described in rules
1388     of the State Board of Education; and
1389          (ii) performance standards for students as described in the core [curriculum standards]

1390     standards for Utah public schools adopted by the State Board of Education pursuant to Section
1391     53A-1-402.6; and
1392          (h) professional learning:
1393          (i) incorporates the use of technology in the design, implementation, and evaluation of
1394     high quality professional learning practices; and
1395          (ii) includes targeted professional learning on the use of technology devices to enhance
1396     the teaching and learning environment and the integration of technology in content delivery.
1397          (3) School districts and charter schools shall use money appropriated by the Legislature
1398     for professional learning or federal grant money awarded for professional learning to
1399     implement professional learning that meets the standards specified in Subsection (2).
1400          (4) (a) In the fall of 2014, the State Board of Education, through the state
1401     superintendent of public instruction, and in collaboration with an independent consultant
1402     acquired through a competitive bid process, shall conduct a statewide survey of school districts
1403     and charter schools to:
1404          (i) determine the current state of professional learning for educators as aligned with the
1405     standards specified in Subsection (2);
1406          (ii) determine the effectiveness of current professional learning practices; and
1407          (iii) identify resources to implement professional learning as described in Subsection
1408     (2).
1409          (b) The State Board of Education shall select a consultant from bidders who have
1410     demonstrated successful experience in conducting a statewide analysis of professional learning.
1411          (c) (i) Annually in the fall, beginning in 2015 through 2020, the State Board of
1412     Education, through the state superintendent of public instruction, in conjunction with school
1413     districts and charter schools, shall gather and use data to determine the impact of professional
1414     learning efforts and resources.
1415          (ii) Data used to determine the impact of professional learning efforts and resources
1416     under Subsection (4)(c)(i) shall include:
1417          (A) student achievement data;
1418          (B) educator evaluation data; and
1419          (C) survey data.
1420          Section 28. Section 53A-13-108 is amended to read:

1421          53A-13-108. Standards and graduation requirements.
1422          (1) The State Board of Education shall establish rigorous [curriculum] core standards
1423     for Utah public schools and graduation requirements under Section 53A-1-402 for grades 9
1424     through 12 that:
1425          (a) are consistent with state law and federal regulations; and
1426          (b) beginning no later than with the graduating class of 2008:
1427          (i) use competency-based standards and assessments;
1428          (ii) include instruction that stresses general financial literacy from basic budgeting to
1429     financial investments, including bankruptcy education and a general financial literacy test-out
1430     option; and
1431          (iii) increase graduation requirements in language arts, mathematics, and science to
1432     exceed the existing credit requirements of 3.0 units in language arts, 2.0 units in mathematics,
1433     and 2.0 units in science.
1434          (2) The State Board of Education shall also establish competency-based standards and
1435     assessments for elective courses.
1436          (3) On or before July 1, 2014, the State Board of Education shall adopt revised course
1437     standards and objectives for the course of instruction in general financial literacy described in
1438     Subsection (1)(b) that address:
1439          (a) the costs of going to college, student loans, scholarships, and the Free Application
1440     for Federal Student Aid (FAFSA); and
1441          (b) technology that relates to banking, savings, and financial products.
1442          (4) The State Board of Education shall administer the course of instruction in general
1443     financial literacy described in Subsection (1)(b) in the same manner as other core [curriculum]
1444     standards for Utah public schools courses for grades 9 through 12 are administered.
1445          Section 29. Section 53A-13-108.5 is amended to read:
1446          53A-13-108.5. Acceptance of credits and grades awarded by accredited schools.
1447          (1) (a) A public school shall accept credits and grades awarded to a student by a school
1448     accredited or approved by the State Board of Education or accredited or recognized by the
1449     Northwest Association of Accredited Schools as issued by the school, without alterations.
1450          (b) Credits awarded for a core [curriculum] standards for Utah public schools course
1451     shall be applied to fulfilling core [curriculum] standards for Utah public schools requirements.

1452          (2) Subsection (1) applies to credits awarded to a student who:
1453          (a) transfers to a public school; or
1454          (b) while enrolled in the public school, takes courses offered by another public or
1455     private school.
1456          (3) Subsection (1) applies to:
1457          (a) traditional classes in which an instructor is present in the classroom and the student
1458     is required to attend the class for a particular length of time;
1459          (b) open entry/open exit classes in which the student has the flexibility to begin or end
1460     study at any time, progress through course material at his own pace, and demonstrate
1461     competency when knowledge and skills have been mastered;
1462          (c) courses offered over the Internet; or
1463          (d) distance learning courses.
1464          Section 30. Section 53A-13-110 is amended to read:
1465          53A-13-110. Financial and economic literacy education.
1466          (1) As used in this section:
1467          (a) "Financial and economic activities" include activities related to the topics listed in
1468     Subsection (1)(b).
1469          (b) "Financial and economic literacy concepts" include concepts related to the
1470     following topics:
1471          (i) basic budgeting;
1472          (ii) saving and financial investments;
1473          (iii) banking and financial services, including balancing a checkbook or a bank account
1474     and online banking services;
1475          (iv) career management, including earning an income;
1476          (v) rights and responsibilities of renting or buying a home;
1477          (vi) retirement planning;
1478          (vii) loans and borrowing money, including interest, credit card debt, predatory
1479     lending, and payday loans;
1480          (viii) insurance;
1481          (ix) federal, state, and local taxes;
1482          (x) charitable giving;

1483          (xi) online commerce;
1484          (xii) identity fraud and theft;
1485          (xiii) negative financial consequences of gambling;
1486          (xiv) bankruptcy;
1487          (xv) free markets and prices;
1488          (xvi) supply and demand;
1489          (xvii) monetary and fiscal policy;
1490          (xviii) effective business plan creation, including using economic analysis in creating a
1491     plan;
1492          (xix) scarcity and choices;
1493          (xx) opportunity cost and tradeoffs;
1494          (xxi) productivity;
1495          (xxii) entrepreneurism; and
1496          (xxiii) economic reasoning.
1497          (c) "Financial and economic literacy passport" means a document that tracks mastery
1498     of financial and economic literacy concepts and completion of financial and economic
1499     activities in kindergarten through grade 12.
1500          (d) "General financial literacy course" means the course of instruction described in
1501     Section 53A-13-108.
1502          (2) The State Board of Education shall:
1503          (a) in cooperation with interested private and nonprofit entities:
1504          (i) develop a financial and economic literacy passport that students may elect to
1505     complete;
1506          (ii) develop methods of encouraging parent and educator involvement in completion of
1507     the financial and economic literacy passport; and
1508          (iii) develop and implement appropriate recognition and incentives for students who
1509     complete the financial and economic literacy passport, including:
1510          (A) a financial and economic literacy endorsement on the student's diploma of
1511     graduation;
1512          (B) a specific designation on the student's official transcript; and
1513          (C) any incentives offered by community partners;

1514          (b) more fully integrate existing and new financial and economic literacy education
1515     into instruction in kindergarten through grade 12 by:
1516          (i) coordinating financial and economic literacy instruction with existing instruction in
1517     other [core curriculum areas] areas of the core standards for Utah public schools, such as
1518     mathematics and social studies;
1519          (ii) using curriculum mapping;
1520          (iii) creating training materials and staff development programs that:
1521          (A) highlight areas of potential coordination between financial and economic literacy
1522     education and other core [curriculum] standards for Utah public schools concepts; and
1523          (B) demonstrate specific examples of financial and economic literacy concepts as a
1524     way of teaching other core [curriculum] standards for Utah public schools concepts; and
1525          (iv) using appropriate financial and economic literacy assessments to improve financial
1526     and economic literacy education and, if necessary, developing assessments;
1527          (c) work with interested public, private, and nonprofit entities to:
1528          (i) identify, and make available to teachers, online resources for financial and
1529     economic literacy education, including modules with interactive activities and turnkey
1530     instructor resources;
1531          (ii) coordinate school use of existing financial and economic literacy education
1532     resources;
1533          (iii) develop simple, clear, and consistent messaging to reinforce and link existing
1534     financial literacy resources;
1535          (iv) coordinate the efforts of school, work, private, nonprofit, and other financial
1536     education providers in implementing methods of appropriately communicating to teachers,
1537     students, and parents key financial and economic literacy messages; and
1538          (v) encourage parents and students to establish higher education savings, including a
1539     Utah Educational Savings Plan account;
1540          (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1541     make rules to develop guidelines and methods for school districts and charter schools to more
1542     fully integrate financial and economic literacy education into other core [curriculum] standards
1543     for Utah public schools courses;
1544          (e) (i) contract with a provider, through a request for proposals process, to develop an

1545     online, end-of-course assessment for the general financial literacy course;
1546          (ii) require a school district or charter school to administer an online, end-of-course
1547     assessment to a student who takes the general financial literacy course; and
1548          (iii) develop a plan, through the state superintendent of public instruction, to analyze
1549     the results of an online, end-of-course assessment in general financial literacy that includes:
1550          (A) an analysis of assessment results by standard; and
1551          (B) average scores statewide and by school district and school;
1552          (f) in cooperation with school districts, charter schools, and interested private and
1553     nonprofit entities, provide opportunities for professional development in financial and
1554     economic literacy to teachers, including:
1555          (i) a statewide learning community for financial and economic literacy;
1556          (ii) summer workshops; and
1557          (iii) online videos of experts in the field of financial and economic literacy education;
1558     and
1559          (g) implement a teacher endorsement in general financial literacy that includes course
1560     work in financial planning, credit and investing, consumer economics, personal budgeting, and
1561     family economics.
1562          (3) A public school shall provide the following to the parents or guardian of a
1563     kindergarten student during kindergarten enrollment:
1564          (a) a financial and economic literacy passport; and
1565          (b) information about higher education savings options, including information about
1566     opening a Utah Educational Savings Plan account.
1567          (4) (a) The State Board of Education shall establish a task force to study and make
1568     recommendations to the board on how to improve financial and economic literacy education in
1569     the public school system.
1570          (b) The task force membership shall include representatives of:
1571          (i) the State Board of Education;
1572          (ii) school districts and charter schools; and
1573          (iii) private or public entities that teach financial education and share a commitment to
1574     empower individuals and families to achieve economic stability, opportunity, and upward
1575     mobility.

1576          (c) In 2013, the task force shall:
1577          (i) review and recommend modifications to the course standards and objectives of the
1578     general financial literacy course described in Section 53A-13-108 to ensure the course
1579     standards and objectives reflect current and relevant content consistent with the financial and
1580     economic literacy concepts listed in Subsection (1)(b);
1581          (ii) study the development of an online assessment of students' competency in financial
1582     and economic literacy that may be used to:
1583          (A) measure student learning growth and proficiency in financial and economic
1584     literacy; and
1585          (B) assess the effectiveness of instruction in financial and economic literacy;
1586          (iii) consider the development of a rigorous, online only, course to fulfill the general
1587     financial literacy curriculum and graduation requirements specified in Section 53A-13-108;
1588          (iv) identify opportunities for teaching financial and economic literacy through an
1589     integrated school curriculum and in the regular course of school work;
1590          (v) study and make recommendations for educator license endorsements for teachers of
1591     financial and economic literacy;
1592          (vi) identify efficient and cost-effective methods of delivering professional
1593     development in financial and economic literacy content and instructional methods; and
1594          (vii) study how financial and economic literacy education may be enhanced through
1595     community partnerships.
1596          (d) The task force shall reconvene every three years to review and recommend
1597     adjustments to the [course] standards and objectives of the general financial literacy course.
1598          (e) The State Board of Education shall make a report to the Education Interim
1599     Committee no later than the committee's November 2013 meeting summarizing the findings
1600     and recommendations of the task force and actions taken by the board in response to the task
1601     force's findings and recommendations.
1602          Section 31. Section 53A-13-111 is amended to read:
1603          53A-13-111. Educational program on the use of information technology.
1604          (1) The State Board of Education shall provide for an educational program on the use
1605     of information technology, which shall be offered by high schools.
1606          (2) An educational program on the use of information technology shall:

1607          (a) provide instruction on skills and competencies essential for the workplace and
1608     requested by employers;
1609          (b) include the following components:
1610          (i) a curriculum;
1611          (ii) online access to the curriculum;
1612          (iii) instructional software for classroom and student use;
1613          (iv) certification of skills and competencies most frequently requested by employers;
1614          (v) professional development for teachers; and
1615          (vi) deployment and program support, including integration with existing [curriculum
1616     standards] core standards for Utah public schools; and
1617          (c) be made available to high school students, faculty, and staff.
1618          Section 32. Section 53A-14-102 is amended to read:
1619          53A-14-102. Commission's evaluation of instructional materials --
1620     Recommendation by the state board.
1621          (1) Semi-annually after reviewing the evaluations of the commission, the board shall
1622     recommend instructional materials for use in the public schools.
1623          (2) The standard period of time instructional materials shall remain on the list of
1624     recommended instructional materials shall be five years.
1625          (3) Unsatisfactory instructional materials may be removed from the list of
1626     recommended instructional materials at any time within the period applicable to the
1627     instructional materials.
1628          (4) Except as provided in Section 53A-13-101, each school shall have discretion to
1629     select instructional materials for use by the school. A school may select:
1630          (a) instructional materials recommended by the board as provided in this section; or
1631          (b) other instructional materials [it] the school considers appropriate to teach the core
1632     [curriculum] standards for Utah public schools.
1633          Section 33. Section 53A-14-107 is amended to read:
1634          53A-14-107. Instructional materials alignment with core standards for Utah
1635     public schools.
1636          (1) For a school year beginning with or after the 2012-13 school year, a school district
1637     may not purchase primary instructional materials unless the primary instructional materials

1638     provider:
1639          (a) contracts with an independent party to evaluate and map the alignment of the
1640     primary instructional materials with the core [curriculum] standards for Utah public schools
1641     adopted under Section 53A-1-402;
1642          (b) provides a detailed summary of the evaluation under Subsection (1)(a) on a public
1643     website at no charge, for use by teachers and the general public; and
1644          (c) pays the costs related to the requirements of this Subsection (1).
1645          (2) The requirements under Subsection (1) may not be performed by:
1646          (a) the State Board of Education;
1647          (b) the superintendent of public instruction or the State Office of Education;
1648          (c) the State Instructional Materials Commission appointed pursuant to Section
1649     53A-14-101;
1650          (d) a local school board or a school district; or
1651          (e) the instructional materials creator or publisher.
1652          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1653     State Board of Education shall make rules that establish:
1654          (a) the qualifications of the independent parties who may evaluate and map the
1655     alignment of the primary instructional materials in accordance with the provisions of
1656     Subsection (1)(a); and
1657          (b) requirements for the detailed summary of the evaluation and its placement on a
1658     public website in accordance with the provisions of Subsection (1)(b).
1659          Section 34. Section 53A-15-1002.5 is amended to read:
1660          53A-15-1002.5. Electronic High School created -- Purpose.
1661          The Electronic High School is created:
1662          (1) to provide an opportunity for a student who has failed a course to retake the course
1663     and earn course credit;
1664          (2) to allow a student to complete high school graduation requirements and exit high
1665     school early;
1666          (3) to allow a student to take a course online so that the student has greater flexibility
1667     in scheduling courses during the regular school day; and
1668          (4) to allow a home-schooled or private school student in Utah to take a course

1669     [within] that meets the Utah high school core [curriculum] standards for Utah public schools.
1670          Section 35. Section 53A-15-1003 is amended to read:
1671          53A-15-1003. Courses and credit.
1672          (1) The Electronic High School may only offer courses required for high school
1673     graduation or that fulfill [core curriculum] course requirements established by the State Board
1674     of Education.
1675          (2) The Electronic High School shall:
1676          (a) offer courses in an open-entry, open-exit format; and
1677          (b) offer [core curriculum] courses that are in conformance with [course standards and
1678     objectives] the core standards for Utah public schools established by the board.
1679          (3) Public schools shall:
1680          (a) accept all credits awarded to students by the Electronic High School; and
1681          (b) apply credits awarded for a [core curriculum] course described in Subsection (2)(b)
1682     toward the fulfillment of [core curriculum] course requirements.
1683          Section 36. Section 53A-15-1206 is amended to read:
1684          53A-15-1206. Payment for an online course.
1685          (1) For the 2012-13 school year, the fee for a .5 credit online course or .5 credit of a 1
1686     credit online course is:
1687          (a) $200 for the following [core curriculum] courses, except a concurrent enrollment
1688     course:
1689          (i) financial literacy;
1690          (ii) health;
1691          (iii) fitness for life; and
1692          (iv) computer literacy;
1693          (b) $200 for driver education;
1694          (c) $250 for a course that meets core [curriculum requirements] standards for Utah
1695     public schools in fine arts or career and technical education, except a concurrent enrollment
1696     course;
1697          (d) $300 for the following courses:
1698          (i) a course that meets core [curriculum] standards for Utah public schools
1699     requirements in social studies, except a concurrent enrollment course; and

1700          (ii) a world language course, except a concurrent enrollment course;
1701          (e) $350 for the following courses:
1702          (i) a course that meets core [curriculum] standards for Utah public schools
1703     requirements for language arts, mathematics, or science; and
1704          (ii) a concurrent enrollment course; and
1705          (f) $250 for a course not described in Subsections (1)(a) through (e).
1706          (2) If a course meets the requirements of more than one course fee category described
1707     in Subsection (1), the course fee shall be the lowest of the applicable course fee categories.
1708          (3) Beginning with the 2013-14 school year, the online course fees described in
1709     Subsection (1) shall be adjusted each school year in accordance with the percentage change in
1710     value of the weighted pupil unit from the previous school year.
1711          (4) An online learning provider shall receive payment for an online course as follows:
1712          (a) for a .5 credit online course, 50% of the online course fee after the withdrawal
1713     period described in Section 53A-15-1206.5;
1714          (b) for a 1 credit online course, 25% of the online course fee after the withdrawal
1715     period described in Section 53A-15-1206.5 and 25% of the online course fee upon the
1716     beginning of the second .5 credit of the online course; and
1717          (c) if a student completes a 1 credit online course within 12 months or a .5 credit
1718     course within nine weeks following the end of a traditional semester, 50% of the online course
1719     fee.
1720          (5) (a) If a student fails to complete a 1 credit course within 12 months or a.5 credit
1721     course within nine weeks following the end of a traditional semester, the student may continue
1722     to be enrolled in the course until the student graduates from high school.
1723          (b) To encourage an online course provider to provide remediation to a student who
1724     remains enrolled in an online course pursuant to Subsection (5)(a) and avoid the need for credit
1725     recovery, an online course provider shall receive a payment equal to 30% of the online course
1726     fee if the student completes the online course before the student graduates from high school.
1727          (6) Notwithstanding the online course fees prescribed in Subsections (1) through (3), a
1728     school district or charter school may:
1729          (a) negotiate a fee with an online course provider for an amount up to the amount
1730     prescribed in Subsections (1) through (3); and

1731          (b) pay the negotiated fee instead of the fee prescribed in Subsections (1) through (3).
1732          (7) An online course provider who contracts with a vendor for the acquisition of online
1733     course content or online course instruction may negotiate the payment for the vendor's service
1734     independent of the fees specified in Subsections (1) through (3).