1     
SCHOOL ADMINISTRATION AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Keven J. Stratton

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions regarding school community councils and safe technology
10     use in public schools.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that a reading achievement plan is a component of a school improvement
14     plan;
15          ▸     requires a school district or charter school to install and configure certain
16     technology consistent with local school board or charter school governing board
17     policies;
18          ▸     amends candidate and voter eligibility requirements for school community
19     elections; 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-1-606.5, as last amended by Laws of Utah 2013, Chapter 466
28          53A-1-706, as last amended by Laws of Utah 2015, Chapter 150
29          53A-1a-108, as last amended by Laws of Utah 2015, Chapters 150 and 276

30          53A-1a-108.5, as last amended by Laws of Utah 2015, Chapters 276 and 449
31          53A-1a-524, as enacted by Laws of Utah 2015, Chapter 150
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 53A-1-606.5 is amended to read:
35          53A-1-606.5. State reading goal -- Reading achievement plan.
36          (1) As used in this section:
37          (a) "Competency" means a demonstrable acquisition of a specified knowledge, skill, or
38     ability that has been organized into a hierarchical arrangement leading to higher levels of
39     knowledge, skill, or ability.
40          (b) "Five domains of reading" include phonological awareness, phonics, fluency,
41     comprehension, and vocabulary.
42          (2) (a) The Legislature recognizes that:
43          (i) reading is the most fundamental skill, the gateway to knowledge and lifelong
44     learning;
45          (ii) there is an ever increasing demand for literacy in the highly technological society
46     we live in;
47          (iii) students who do not learn to read will be economically and socially disadvantaged;
48          (iv) reading problems exist in almost every classroom;
49          (v) almost all reading failure is preventable if reading difficulties are diagnosed and
50     treated early; and
51          (vi) early identification and treatment of reading difficulties can result in students
52     learning to read by the end of the third grade.
53          (b) It is therefore the goal of the state to have every student in the state's public
54     education system reading on or above grade level by the end of the third grade.
55          (3) (a) Each public school containing kindergarten, grade one, grade two, or grade
56     three, including charter schools, shall develop, [in conjunction with all other school planning
57     processes and requirements,] as a component of the school improvement plan described in

58     Section 53A-1a-108.5, a reading achievement plan for its students in kindergarten through
59     grade three to reach the reading goal set in Subsection (2)(b).
60          (b) The reading achievement plan shall be:
61          (i) created under the direction of:
62          (A) the school community council or a subcommittee or task force created by the
63     school community council, in the case of a school district school; or
64          (B) the charter school governing board or a subcommittee or task force created by the
65     governing board, in the case of a charter school; and
66          (ii) implemented by the school's principal, teachers, and other appropriate school staff.
67          (c) The school principal shall take primary responsibility to provide leadership and
68     allocate resources and support for teachers and students, most particularly for those who are
69     reading below grade level, to achieve the reading goal.
70          (d) Each reading achievement plan shall include:
71          (i) an assessment component that:
72          (A) focuses on ongoing formative assessment to measure the five domains of reading,
73     as appropriate, and inform individualized instructional decisions; and
74          (B) includes a benchmark assessment of reading approved by the State Board of
75     Education pursuant to Section 53A-1-606.6;
76          (ii) an intervention component:
77          (A) that provides adequate and appropriate interventions focused on each student
78     attaining competency in reading skills;
79          (B) based on best practices identified through proven researched-based methods;
80          (C) that provides intensive intervention, such as focused instruction in small groups
81     and individualized data driven instruction, implemented at the earliest possible time for
82     students having difficulty in reading;
83          (D) that provides an opportunity for parents to receive materials and guidance so that
84     they will be able to assist their children in attaining competency in reading skills; and
85          (E) that, as resources allow, may involve a reading specialist; and

86          (iii) a reporting component that includes reporting to parents:
87          (A) at the beginning, in the middle, and at the end of grade one, grade two, and grade
88     three, their child's benchmark assessment results as required by Section 53A-1-606.6; and
89          (B) at the end of third grade, their child's reading level.
90          (e) In creating or reviewing a reading achievement plan as required by this section, a
91     school community council, charter school governing board, or a subcommittee or task force of
92     a school community council or charter school governing board may not have access to data that
93     reveal the identity of students.
94          (4) (a) The school district shall approve each plan developed by schools within the
95     district prior to its implementation and review each plan annually.
96          (b) The charter school governing board shall approve each plan developed by schools
97     under its control and review each plan annually.
98          (c) A school district and charter school governing board shall:
99          (i) monitor the learning gains of a school's students as reported by the benchmark
100     assessments administered pursuant to Section 53A-1-606.6; and
101          (ii) require a reading achievement plan to be revised, if the school district or charter
102     school governing board determines a school's students are not making adequate learning gains.
103          Section 2. Section 53A-1-706 is amended to read:
104          53A-1-706. Purchases of educational technology.
105          (1) (a) A school district, charter school, or college of education shall comply with Title
106     63G, Chapter 6a, Utah Procurement Code, in purchasing technology, except as otherwise
107     provided in Subsection (1)(b).
108          (b) A school district or charter school may purchase computers from, and contract for
109     the repair or refurbishing of computers with, the Utah Correctional Industries without going
110     through the bidding or competition procedures outlined in Title 63G, Chapter 6a, Utah
111     Procurement Code.
112          (2) A school district, charter school, or college of education may purchase technology
113     through cooperative purchasing contracts administered by the state Division of Purchasing or

114     through its own established purchasing program.
115          (3) [A] Consistent with policies adopted by a local school board or charter school
116     governing board, a school district or charter school that purchases technology under this section
117     shall ensure that adequate on and off campus Internet filtering is installed and consistently
118     configured to prevent viewing of harmful content by students and school personnel.
119          Section 3. Section 53A-1a-108 is amended to read:
120          53A-1a-108. School community councils -- Duties -- Composition -- Election
121     procedures and selection of members.
122          (1) As used in this section:
123          (a) "Digital citizenship" means the norms of appropriate, responsible, and healthy
124     behavior related to technology use, including digital literacy, ethics, etiquette, and security.
125          (b) "District school" means a public school under the control of a local school board
126     elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
127     Boards.
128          (c) "Educator" means the same as that term is defined in Section 53A-6-103.
129          (d) (i) "Parent or guardian member" means a member of a school community council
130     who is a parent or guardian of a student who:
131          (A) is attending the school; or
132          (B) will be enrolled at the school during the parent's or guardian's term of office.
133          (ii) "Parent or guardian member" may not include an educator who is employed at the
134     school.
135          (e) "School community council" means a council established at a district school in
136     accordance with this section.
137          (f) "School employee member" means a member of a school community council who is
138     a person employed at the school by the school or school district, including the principal.
139          (g) "School LAND Trust Program money" means money allocated to a school pursuant
140     to Section 53A-16-101.5.
141          (2) A district school, in consultation with the district school's local school board, shall

142     establish a school community council at the school building level for the purpose of:
143          (a) involving parents or guardians of students in decision making at the school level;
144          (b) improving the education of students;
145          (c) prudently expending School LAND Trust Program money for the improvement of
146     students' education through collaboration among parents and guardians, school employees, and
147     the local school board; and
148          (d) increasing public awareness of:
149          (i) school trust lands and related land policies;
150          (ii) management of the State School Fund established in Utah Constitution Article X,
151     Section V; and
152          (iii) educational excellence.
153          (3) (a) Except as provided in Subsection (3)(b), a school community council shall:
154          (i) create a school improvement plan in accordance with Section 53A-1a-108.5;
155          (ii) create the School LAND Trust Program in accordance with Section 53A-16-101.5;
156          [(iii) assist in the creation and implementation of a professional development plan;
157     and]
158          [(iv)] (iii) advise and make recommendations to school and school district
159     administrators and the local school board regarding:
160          (A) the school and its programs;
161          (B) school district programs;
162          (C) a child access routing plan in accordance with Section 53A-3-402;
163          (D) safe technology utilization and digital citizenship; and
164          (E) other issues relating to the community environment for students;
165          [(v)] (iv) provide for education and awareness on safe technology utilization and digital
166     citizenship that empowers:
167          (A) a student to make smart media and online choices; and
168          (B) a parent or guardian to know how to discuss safe technology use with the parent's
169     or guardian's child; and

170          [(vi)] (v) partner with the school's principal and other administrators to ensure that
171     adequate on and off campus Internet filtering is installed and consistently configured to prevent
172     viewing of harmful content by students and school personnel, in accordance with local school
173     board policy and Subsection 53A-1-706(3).
174          (b) To fulfill the school community council's duties described in [Subsection]
175     Subsections (3)(a)[(v)](iv) and [(vi)] (v), a school community council may:
176          (i) partner with one or more non-profit organizations; [and] or
177          (ii) create a subcommittee.
178          [(c) In addition to the duties specified in Subsection (3)(a), a school community council
179     for an elementary school shall create a reading achievement plan in accordance with Section
180     53A-1-606.5.]
181          [(d)] (c) A school or school district administrator may not prohibit or discourage a
182     school community council from discussing issues, or offering advice or recommendations,
183     regarding the school and its programs, school district programs, the curriculum, or the
184     community environment for students.
185          (4) (a) Each school community council shall consist of school employee members and
186     parent or guardian members in accordance with this section.
187          (b) Except as provided in Subsection (4)(c) or (d):
188          (i) each school community council for a high school shall have six parent or guardian
189     members and four school employee members, including the principal; and
190          (ii) each school community council for a school other than a high school shall have
191     four parent or guardian members and two school employee members, including the principal.
192          (c) A school community council may determine the size of the school community
193     council by a majority vote of a quorum of the school community council provided that:
194          (i) the membership includes two or more parent or guardian members than the number
195     of school employee members; and
196          (ii) there are at least two school employee members on the school community council.
197          (d) (i) The number of parent or guardian members of a school community council who

198     are not educators employed by the school district shall exceed the number of parent or guardian
199     members who are educators employed by the school district.
200          (ii) If, after an election, the number of parent or guardian members who are not
201     educators employed by the school district does not exceed the number of parent or guardian
202     members who are educators employed by the school district, the parent or guardian members of
203     the school community council shall appoint one or more parent or guardian members to the
204     school community council so that the number of parent or guardian members who are not
205     educators employed by the school district exceeds the number of parent or guardian members
206     who are educators employed by the school district.
207          (5) (a) Except as provided in Subsection (5)(f), a school employee member, other than
208     the principal, shall be elected by secret ballot by a majority vote of the school employees and
209     serve a two-year term. The principal shall serve as an ex officio member with full voting
210     privileges.
211          (b) (i) Except as provided in Subsection (5)(f), a parent or guardian member shall be
212     elected by secret ballot at an election held at the school by a majority vote of those voting at the
213     election and serve a two-year term.
214          (ii) (A) [Only parents or guardians of students] Except as provided in Subsection
215     (5)(b)(ii)(B), only a parent or guardian of a student attending the school may vote [at] in, or run
216     as a candidate in, the election under Subsection (5)(b)(i).
217          (B) If an election is held in the spring, a parent or guardian of a student who will be
218     attending the school the following school year may vote in, and run as a candidate in, the
219     election under Subsection (5)(b)(i).
220          (iii) Any parent or guardian of a student who meets the qualifications of this section
221     may file or declare the parent's or guardian's candidacy for election to a school community
222     council.
223          (iv) (A) Subject to Subsections (5)(b)(iv)(B) and (5)(b)(iv)(C), a timeline for the
224     election of parent or guardian members of a school community council shall be established by
225     a local school board for the schools within the school district.

226          (B) An election for the parent or guardian members of a school community council
227     shall be held near the beginning of the school year or held in the spring and completed before
228     the last week of school.
229          (C) Each school shall establish a time period for the election of parent or guardian
230     members of a school community council under Subsection (5)(b)(iv)(B) that is consistent for at
231     least a four-year period.
232          (c) (i) [The] At least 10 days before the date that voting commences for the elections
233     held under Subsections (5)(a) and (5)(b), the principal of the school, or the principal's designee,
234     shall provide notice to each school employee, parent, or guardian, of the [available community
235     council positions to school employees, parents, and guardians at least 10 days before the date
236     that voting commences for the elections held under Subsections (5)(a) and (5)(b)] opportunity
237     to vote in, and run as a candidate in, an election under this Subsection (5).
238          (ii) The notice shall include:
239          (A) the dates and times of the elections;
240          (B) a list of council positions that are up for election; and
241          (C) instructions for becoming a candidate for a community council position.
242          (iii) The principal of the school, or the principal's designee, shall oversee the elections
243     held under Subsections (5)(a) and (5)(b).
244          (iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a
245     secure ballot box.
246          (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
247     available to the public upon request.
248          (e) (i) If a parent or guardian position on a school community council remains unfilled
249     after an election is held, the other parent or guardian members of the council shall appoint a
250     parent or guardian who meets the qualifications of this section to fill the position.
251          (ii) If a school employee position on a school community council remains unfilled after
252     an election is held, the other school employee members of the council shall appoint a school
253     employee to fill the position.

254          (iii) A member appointed to a school community council under Subsection (5)(e)(i) or
255     (ii) shall serve a two-year term.
256          (f) (i) If the number of candidates who file for a parent or guardian position or school
257     employee position on a school community council is less than or equal to the number of open
258     positions, an election is not required.
259          (ii) If an election is not held pursuant to Subsection (5)(f)(i) and a parent or guardian
260     position remains unfilled, the other parent or guardian members of the council shall appoint a
261     parent or guardian who meets the qualifications of this section to fill the position.
262          (iii) If an election is not held pursuant to Subsection (5)(f)(i) and a school employee
263     position remains unfilled, the other school employee members of the council shall appoint a
264     school employee who meets the qualifications of this section to fill the position.
265          (g) The principal shall enter the names of the council members on the School LAND
266     Trust website on or before October 20 of each year, pursuant to Section 53A-1a-108.1.
267          (h) Terms shall be staggered so that approximately half of the council members stand
268     for election each year.
269          (i) A school community council member may serve successive terms provided the
270     member continues to meet the definition of a parent or guardian member or school employee
271     member as specified in Subsection (1).
272          (j) Each school community council shall elect:
273          (i) a chair from its parent or guardian members; and
274          (ii) a vice chair from either its parent or guardian members or school employee
275     members, excluding the principal.
276          (6) (a) A school community council may create subcommittees or task forces to:
277          (i) advise or make recommendations to the council; or
278          (ii) develop all or part of a plan listed in Subsection (3).
279          (b) Any plan or part of a plan developed by a subcommittee or task force shall be
280     subject to the approval of the school community council.
281          (c) A school community council may appoint individuals who are not council members

282     to serve on a subcommittee or task force, including parents or guardians, school employees, or
283     other community members.
284          (7) (a) A majority of the members of a school community council is a quorum for the
285     transaction of business.
286          (b) The action of a majority of the members of a quorum is the action of the school
287     community council.
288          (8) A local school board shall provide training for a school community council each
289     year, including training:
290          (a) for the chair and vice chair about their responsibilities;
291          (b) on resources available on the School LAND Trust website; and
292          (c) on the following statutes governing school community councils:
293          (i) Section 53A-1a-108;
294          (ii) Section 53A-1a-108.1;
295          (iii) Section 53A-1a-108.5; and
296          (iv) Section 53A-16-101.5.
297          Section 4. Section 53A-1a-108.5 is amended to read:
298          53A-1a-108.5. School improvement plan.
299          (1) (a) A school community council established under Section 53A-1a-108 shall
300     annually evaluate, with the school's principal, the school's statewide achievement test results,
301     reading achievement plan, class size reduction needs, and technology needs, [and professional
302     development plan,] and use the evaluations in developing a school improvement plan to
303     improve teaching and learning conditions.
304          (b) In evaluating statewide achievement test results and developing a school
305     improvement plan, a school community council may not have access to data that reveal the
306     identity of students.
307          (2) A school community council shall develop a school improvement plan that:
308          (a) identifies the school's most critical academic needs;
309          (b) recommends a course of action to meet the identified needs;

310          (c) lists any programs, practices, materials, or equipment that the school will need to
311     implement its action plan to have a direct impact on the instruction of students and result in
312     measurable increased student performance; [and]
313          (d) describes how the school intends to enhance or improve academic achievement,
314     including how financial resources available to the school, such as School LAND Trust Program
315     money received under Section 53A-16-101.5 and state and federal grants, will be used to
316     enhance or improve academic achievement[.]; and
317          (e) if the school community council represents a school that educates students in
318     kindergarten, grade 1, grade 2, or grade 3, includes a reading achievement plan as described in
319     Section 53A-1-606.5.
320          (3) Although a school improvement plan focuses on the school's most critical academic
321     needs, the school improvement plan may include other actions to enhance or improve academic
322     achievement and the community environment for students.
323          (4) The school principal shall make available to the school community council the
324     school budget and other data needed to develop the school improvement plan.
325          (5) The school improvement plan is subject to the approval of the local school board of
326     the school district in which the school is located.
327          (6) A school community council may develop a multiyear school improvement plan,
328     but the multiyear school improvement plan must be presented to and approved annually by the
329     local school board.
330          (7) Each school shall:
331          (a) implement the school improvement plan as developed by the school community
332     council and approved by the local school board;
333          (b) provide ongoing support for the council's school improvement plan; and
334          (c) meet local school board reporting requirements regarding performance and
335     accountability.
336          (8) The school community council of a low performing school, as defined in Section
337     53A-1-1202, shall develop a school improvement plan that is consistent with the school

338     turnaround plan developed by the school turnaround committee under Chapter 1, Part 12,
339     School Turnaround and Leadership Development Act.
340          Section 5. Section 53A-1a-524 is amended to read:
341          53A-1a-524. Safe technology utilization and digital citizenship.
342          A charter school governing board, or a council formed by a charter school governing
343     board to prepare a plan for the use of School LAND Trust Program money under Section
344     53A-16-101.5:
345          (1) shall provide for education and awareness on safe technology utilization and digital
346     citizenship that empowers:
347          (a) a student to make smart media and online choices; and
348          (b) a parent or guardian to know how to discuss safe technology use with the parent's
349     or guardian's child;
350          (2) shall partner with the school's principal and other administrators to ensure that
351     adequate on and off campus Internet filtering is installed and consistently configured to prevent
352     viewing of harmful content by students and school personnel, in accordance with charter school
353     governing board policy and Subsection 53A-1-706(3); and
354          (3) may partner with one or more non-profit organizations to fulfill the duties described
355     in Subsections (1) and (2).