Senator Ann Millner proposes the following substitute bill:


1     
SCHOOL GRADING AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ann Millner

5     
House Sponsor: Bradley G. Last

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to assigning a letter grade to a school based on the
10     proficiency, learning gains, or college and career readiness of the school's students.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows the State Board of Education to exempt certain schools from school grading;
14          ▸     requires the State Board of Education to evaluate a school that is exempted from
15     school grading in accordance with an accountability plan;
16          ▸     amends provisions related to calculating student growth;
17          ▸     requires the State Board of Education to make recommendations to the Education
18     Interim Committee on calculating student growth;
19          ▸     provides an alternative grade distribution for the 2014-15 school year only; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          53A-1-1102, as last amended by Laws of Utah 2014, Chapter 403
28          53A-1-1104, as last amended by Laws of Utah 2014, Chapter 403
29          53A-1-1107.5, as enacted by Laws of Utah 2014, Chapter 403
30          53A-1-1114, as enacted by Laws of Utah 2014, Chapter 403
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 53A-1-1102 is amended to read:
34          53A-1-1102. Definitions.
35          As used in this part:
36          (1) "Alternative school" means a school:
37          (a) established to serve youth who are not succeeding in a traditional school
38     environment; and
39          (b) designated as an alternative school by the State Board of Education.
40          (2) "Board" means the State Board of Education.
41          (3) "Combination school" means a school that includes:
42          (a) grade 12; and
43          (b) a grade lower than grade 7.
44          (4) "High school" means:
45          (a) a school that:
46          (i) includes grade 12; and
47          (ii) does not include any grade lower than grade 7; or
48          (b) grades 9 through 12 of a combination school.
49          (5) "Individualized education program" or "IEP" means a written statement, for a
50     student with a disability, that is developed, reviewed, and revised in accordance with the
51     Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
52          (6) "Statewide assessment" means a criterion-referenced test of student achievement in
53     language arts, mathematics, or science, including a test administered in a computer adaptive
54     format, which is administered statewide under Part 6, Achievement Tests.
55          (7) "Sufficient growth" means a student's scale score on a statewide assessment is
56     equal to or exceeds the student's growth target established pursuant to Section 53A-1-1107.5.
57          [(8) "Year 1" means the first year of two consecutive years in which a student takes a
58     statewide assessment in the same subject.]
59          [(9) "Year 2" means the second year of two consecutive years in which a student takes
60     a statewide assessment in the same subject.]
61          Section 2. Section 53A-1-1104 is amended to read:
62          53A-1-1104. Schools included in grading system.
63          (1) Except as provided in Subsections (2) through (5), a school that has students who
64     take statewide assessments shall receive a school grade.
65          (2) A school may not receive a school grade, if the number of a school's students tested
66     is less than the minimum sample size necessary, based on accepted professional practice for
67     statistical reliability or the prevention of the unlawful release of personally identifiable student
68     data under 20 U.S.C. Sec. 1232h.
69          [(3) (a) An alternative school is exempt from school grading.]
70          [(b) The board shall annually:]
71          [(i) evaluate an alternative school in accordance with an accountability plan approved
72     by the board; and]
73          [(ii) report the results on a school report card.]
74          [(c) The State Board of Education, a local school board, and a charter school governing
75     board shall provide to a parent or guardian a school report card for an alternative school and
76     electronically publish the school report card in the same manner and at the same time as other
77     school report cards are provided and published pursuant to Section 53A-11-1112.]
78          [(4)] (3) The [State Board of Education] board shall exempt a school from school
79     grading in the school's first year of operations if the school's local school board or charter
80     school governing board requests the exemption.
81          [(5)] (4) The [State Board of Education] board shall exempt a high school from school
82     grading or exempt a combination school from the school grading requirement described in
83     Subsection 53A-1-1104.5(2) in the high school's or combination school's second year of
84     operations if the school's local school board or charter school governing board requests the
85     exemption.
86          (5) (a) The board may exempt a school from school grading if the school:
87          (i) (A) is an alternative school; or
88          (B) is a special needs school, as defined by rules made by the board in accordance with
89     Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
90          (ii) requests the exemption with the approval of:
91          (A) the school's governing board; or
92          (B) for the Utah Schools for the Deaf and the Blind, the school's advisory committee.
93          (b) If the board exempts a school under Subsection (5)(a), the board shall annually:
94          (i) evaluate the school in accordance with an accountability plan established by the
95     board through rules made in accordance with Title 63G, Chapter 3, Utah Administrative
96     Rulemaking Act;
97          (ii) report the results on a school report card; and
98          (iii) electronically publish the school report card in the same manner and at the same
99     time as other school report cards under Section 53A-1-1112.
100          (c) If a school is granted an exemption from school grading under Subsection (5)(a),
101     the school shall:
102          (i) provide to a parent or guardian the school report card described in Subsection
103     (5)(b)(ii); and
104          (ii) electronically publish the school report card in the same manner and at the same
105     time as other school report cards under Section 53A-1-1112.
106          Section 3. Section 53A-1-1107.5 is amended to read:
107          53A-1-1107.5. Growth target established to determine whether a student
108     demonstrates sufficient growth in a subject.
109          [(1) (a) For the purpose of determining whether a student demonstrates sufficient
110     growth in the 2013-14 school year in language arts, mathematics, or science as provided in
111     Section 53A-1-1107, the board shall establish a growth target for a student for each statewide
112     assessment the student takes.]
113          [(b) A student demonstrates sufficient growth in the 2013-14 school year if the
114     student's scale score on a statewide assessment administered in the 2013-14 school year is
115     equal to or exceeds the growth target established pursuant to Subsections (1)(c) and (1)(d).]
116          [(c) The board shall establish a 2013-14 growth target for each cohort of students with
117     the same scale score on a particular statewide assessment in the 2012-13 school year.]
118          [(d) (i) The board shall establish a 2013-14 growth target based on actual student
119     growth in the 2011-12 school year as measured by statewide assessments administered at the
120     end of the 2010-11 and 2011-12 school years.]
121          [(ii) Among a cohort of students with the same scale score on a particular statewide
122     assessment in the 2010-11 school year, the scale score of the student who scores in the 2011-12
123     school year, at a percentile determined by the board in rule, becomes the 2013-14 growth target
124     for any student with a scale score in the 2012-13 school year that is the same as the cohort's
125     scale score in the 2010-11 school year.]
126          [(2) (a)] (1) For the purpose of determining whether a student demonstrates sufficient
127     growth in the 2014-15 school year, or a succeeding school year, in language arts, mathematics,
128     or science as provided in Section 53A-1-1107, the board shall establish a [year 2] formula for a
129     growth target for a student for each statewide assessment the student takes.
130          [(b)] (2) A student demonstrates sufficient growth if the student's scale score on a
131     statewide assessment [in year 2] is equal to or exceeds the [year 2] student's growth target
132     established pursuant to Subsections [(2)(c)] (3) and [(2)(d)] (4).
133          [(c)] (3) The board shall establish a [year 2] formula for a growth target for each
134     [cohort of students with] student based on:
135          (a) the statewide cohort of students with the same scale score on a particular statewide
136     assessment [in year 1.]; and
137          [(d) (i) The board shall establish a year 2 growth target based on]
138          (b) actual student growth in the 2014-15 school year as measured by statewide
139     assessments administered at the end of the 2013-14 and 2014-15 school years and for each
140     succeeding school year.
141          [(ii) Among a cohort of students with the same scale score on a particular statewide
142     assessment in the 2013-14 school year, the scale score of the student who scores on a similar
143     statewide assessment in the 2014-15 school year, at a percentile determined by the board in
144     rule, becomes the year 2 growth target for statewide assessments administered in the 2014-15
145     school year and succeeding years for any student with a year 1 scale score that is the same as
146     the cohort's scale score in the 2013-14 school year.]
147          (4) On or before November 30, 2015, the State Board of Education shall make
148     recommendations to the Legislature's Education Interim Committee on the method for
149     determining whether a student demonstrates sufficient growth for the 2015-16 school year and
150     succeeding school years.
151          Section 4. Section 53A-1-1114 is amended to read:
152          53A-1-1114. Exceptions applicable to determining school grades for the 2014-15
153     school year.
154          [(1)] Notwithstanding the requirements of [Subsection 53A-1-1102(7), Subsection
155     53A-1-1103(4), Section 53A-1-1107.5,] Subsection 53A-1-1110(1)[, and Subsections
156     53A-1-1112(5) through (7)], for the purposes of determining school grades for the [2013-14]
157     2014-15 school year, [when] as schools transition to a new assessment system[:], a school's
158     grade is based on the percentage of the maximum number of points the school may earn as
159     calculated under Section 53A-1-1109 as follows:
160          [(a) the State Board of Education is not required to create an alignment mapping of
161     scale scores between assessments administered in the 2012-13 school year and those
162     administered in the 2013-14 school year;]
163          [(b) the State Board of Education shall determine, by rule:]
164          [(i) how to measure growth of a school's students on statewide assessments of language
165     arts, mathematics, and science achievement; and]
166          [(ii) a standard for sufficient growth;]
167          [(c) the State Board of Education may, by rule, adjust the percentage of the maximum
168     number of points required to earn A through F letter grades; and]
169          [(d) the State Board of Education, school districts, and charter schools shall publish on
170     their websites school grades for the 2013-14 school year on or before December 15, 2014.]
171          [(2) (a) Before the State Board of Education adopts a rule pursuant to Subsection
172     (1)(c), the board shall submit one or more proposals to the Executive Appropriations
173     Committee to adjust the maximum number of points required to earn A through F letter grades
174     for the 2013-14 school year.]
175          [(b) For each proposal submitted to the Executive Appropriations Committee, the
176     board shall model the projected distribution of schools earning each letter grade.]
177          [(c) The Executive Appropriations Committee may:]
178          [(i) recommend that the board adopt a proposal to adjust the maximum number of
179     points required to earn A through F letter grades for the 2013-14 school year;]
180          [(ii) recommend that the board modify a proposal to adjust the maximum number of
181     points required to earn A through F letter grades for the 2013-14 school year; or]
182          [(iii) recommend that no adjustment be made to the maximum number of points
183     required to earn A through F letter grades for the 2013-14 school year.]
184          (1) for a school that is not a high school:
185          (a) A, 100%-64%;
186          (b) B, 63%-51%;
187          (c) C, 50%-39%;
188          (d) D, 38%-30%; and
189          (e) F, 30% or less; and
190          (2) for a high school:
191          (a) A, 100%-64%;
192          (b) B, 63%-51%;
193          (c) C, 50%-43%;
194          (d) D, 42%-40%; and
195          (e) F, 40% or less.