Representative Francis D. Gibson proposes the following substitute bill:


1     
PUBLIC SCHOOL DROPOUT RECOVERY

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Aaron Osmond

5     
House Sponsor: Francis D. Gibson

6     Cosponsors:
7     Curtis S. Bramble
8     Lyle W. Hillyard
9     Alvin B. Jackson
Peter C. Knudson
Howard A. Stephenson
Jerry W. Stevenson
Daniel W. Thatcher
Stephen H. Urquhart
Todd Weiler
10     

11     LONG TITLE
12     General Description:
13          This bill provides for public school dropout recovery services.
14     Highlighted Provisions:
15          This bill:
16          ▸     defines terms;
17          ▸     requires a local education agency to provide dropout recovery services;
18          ▸     under certain circumstances, requires a local education agency to contract with a
19     provider to provide dropout recovery services;
20          ▸     requires a local education agency and the State Board of Education to report on the
21     provisions of this bill; and
22          ▸     directs the State Board of Education to make rules.
23     Money Appropriated in this Bill:
24          None

25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     ENACTS:
29          53A-17a-172, Utah Code Annotated 1953
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 53A-17a-172 is enacted to read:
33          53A-17a-172. Use of minimum school program funds for dropout recovery
34     services.
35          (1) As used in this section:
36          (a) "Adequate monthly progress" means:
37          (i) an amount of progress that is measurable on a monthly basis and that, if continued
38     for a full school year, would result in the same amount of academic credit being awarded to an
39     eligible student as would be awarded to a regularly enrolled full-time student during a school
40     year; or
41          (ii) completion of one-quarter credit of college and career readiness course work.
42          (b) "Attainment goal" means:
43          (i) for an eligible student up to 18 years of age:
44          (A) earning a high school diploma;
45          (B) earning a Utah High School Completion Diploma, as defined in State Board of
46     Education rule; or
47          (C) earning an industry-based certificate that is likely to result in job placement; or
48          (ii) for an eligible student over 18 years of age, earning a high school diploma as
49     required under Section 53A-12-101.
50          (c) "Average daily membership" means the same as that term is defined in Section
51     53A-17a-103.
52          (d) "Cohort" means a group of students, defined by the year the group enters ninth
53     grade.
54          (e) "College and career readiness course work" means course work that prepares a
55     student to succeed in a:

56          (i) post-secondary environment, such as course work designed to teach time
57     management skills and study skills; and
58          (ii) work environment, such as:
59          (A) career and technical education courses;
60          (B) career exploration and planning courses;
61          (C) course work designed to teach the soft skills that are necessary to succeed in a
62     work environment; and
63          (D) course work designed to prepare a student to pass an industry based certification
64     exam.
65          (f) "Eligible student" means a student:
66          (i) who has withdrawn from a secondary school prior to earning a diploma with no
67     legitimate reason for departure or absence from school;
68          (ii) who has been dropped from average daily membership for having a certain number
69     of unexcused absences as described in rules established by the State Board of Education; and
70          (iii) (A) whose cohort has not yet graduated; or
71          (B) whose cohort graduated in the previous school year.
72          (g) (i) "Local education agency" or "LEA" means a school district or charter school.
73          (ii) "Local education agency" or "LEA" does not include:
74          (A) an alternative high school as defined in Section 53A-1-1102; or
75          (B) a statewide virtual school.
76          (2) (a) An LEA shall provide a dropout recovery program for eligible students that
77     includes the following dropout recovery services:
78          (i) recruiting eligible students;
79          (ii) working with an eligible student to identify and mitigate social barriers to regular
80     school attendance;
81          (iii) developing a learning plan, in consultation with the eligible student to:
82          (A) identify an attainment goal; and
83          (B) specify adequate monthly progress toward the attainment goal;
84          (iv) monitoring an eligible student's progress against the eligible student's learning
85     plan;
86          (v) providing tiered interventions for an eligible student who is not making adequate

87     monthly progress; and
88          (vi) providing dropout recovery services to eligible students throughout the calendar
89     year.
90          (b) An LEA shall allow an eligible student to enroll in a dropout recovery program
91     under Subsection (2)(a) at any point during the calendar year.
92          (3) An LEA that does not meet the criteria described in Subsections (4)(a) and (b) may
93     contract with a provider to provide one or more of the dropout recovery services described in
94     Subsection (2)(a).
95          (4) An LEA shall contract with a provider to provide the dropout recovery services
96     described in Subsection (2)(a) if:
97          (a) the LEA has a graduation rate that is lower than the statewide graduation rate, as
98     annually calculated by the State Board of Education; and
99          (b) (i) on average over the previous calendar year, at least 10% of the eligible students
100     in the LEA have not made adequate monthly progress toward an attainment goal; or
101          (ii) the LEA's graduation rate, as calculated annually by the State Board of Education,
102     has not increased by at least 1% as compared to the previous school year.
103          (5) An LEA described in Subsection (4) shall ensure that:
104          (a) a provider that is contracted with under Subsection (4) has a demonstrated record of
105     effectiveness engaging with and recovering eligible students; and
106          (b) a contract with a provider requires the provider to:
107          (i) provide the services described in Subsection (2)(a); and
108          (ii) regularly report an eligible student's progress to the LEA.
109          (6) (a) Subject to Subsection (6)(b), an LEA may count a student who was classified as
110     an eligible student during a previous school year in average daily membership for the current
111     school year if the eligible student is enrolled in a dropout recovery services program under
112     Subsection (2)(a) during the current school year.
113          (b) An LEA may count a student in average daily membership under Subsection (6)(a):
114          (i) for a month during which the student makes adequate monthly progress, calculated
115     in accordance with rules established by the State Board of Education under Subsection (7)(a);
116     and
117          (ii) if a student re-enrolls in an LEA or statewide course or program, in accordance

118     with the pupil accounting provisions under Section 53A-17a-106 and State Board of Education
119     rule.
120          (7) The State Board of Education shall:
121          (a) make rules specifying procedures for calculating average daily membership under
122     Subsection (6)(b)(i); and
123          (b) ensure that the amount accounted for under Subsection (6):
124          (i) does not exceed one pupil in average daily membership per student;
125          (ii) includes only the value of the kindergarten through grade 12 weighted pupil unit;
126     and
127          (iii) excludes add-on weighted pupil units.
128          (8) An LEA shall annually submit a report to the State Board of Education on dropout
129     recovery services provided under this section, including:
130          (a) the number of eligible students:
131          (i) in the LEA;
132          (ii) enrolled in a dropout recovery program under Subsection (2)(a);
133          (iii) making adequate monthly progress toward an attainment goal; and
134          (iv) counted in average daily membership under Subsections (6)(b)(i) and (ii); and
135          (b) funding allocated to provide for a dropout recovery program as described in
136     Subsection (2).
137          (9) The State Board of Education shall:
138          (a) review reports submitted under Subsection (8);
139          (b) ensure that an LEA described in Subsection (4) contracts with a provider to provide
140     dropout recovery services in accordance with Subsections (4) and (5); and
141          (c) annually report to the Education Interim Committee on the provisions of this
142     section.