1     
STUDENT ASSESSMENT MODIFICATIONS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marie H. Poulson

5     
Senate Sponsor: Lincoln Fillmore

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to student assessments.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that a school district or charter school may waive certain assessment
13     requirements for students in grade 11; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          53A-1-603, as last amended by Laws of Utah 2015, Chapters 258, 415, and 444
22          53A-1-611, as last amended by Laws of Utah 2013, Chapter 161
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 53A-1-603 is amended to read:
26          53A-1-603. Duties of State Board of Education.
27          (1) The State Board of Education shall:
28          (a) require [each] a school district [and] or charter school to implement the Utah
29     Performance Assessment System for Students[, hereafter referred to as U-PASS];
30          (b) require the state superintendent of public instruction to submit and recommend
31     criterion-referenced achievement tests or online computer adaptive tests, college readiness
32     assessments, an online writing assessment for grades 5 and 8, and a test for students in grade 3
33     to measure reading grade level to the board for approval and adoption and distribution to [each]
34     a school district [and] or charter school by the state superintendent;
35          (c) develop an assessment method to uniformly measure statewide performance, school
36     district performance, and school performance of students in grades 3 through 12 in mastering
37     basic academic subjects; and
38          (d) provide for the state to participate in the National Assessment of Educational
39     Progress state-by-state comparison testing program.
40          (2) Except as provided in Subsection [(3)] (9) and Subsection 53A-1-611[(3)](4), under
41     U-PASS, the State Board of Education shall annually require [each] a school district [and] or
42     charter school[, as applicable,] to administer:
43          (a) as determined by the State Board of Education, statewide criterion-referenced tests
44     or online computer adaptive tests in grades 3 through 12 and courses in basic academic subjects
45     of the core standards for Utah public schools;
46          (b) an online writing assessment to all students in grades 5 and 8;
47          (c) college readiness assessments as detailed in Section 53A-1-611; and
48          (d) a test to all students in grade 3 to measure reading grade level.
49          (3) [Beginning with the 2014-15 school year, the] The State Board of Education shall
50     annually require [each] a school district [and] or charter school[, as applicable,] to administer a
51     computer adaptive assessment system that is:
52          (a) adopted by the State Board of Education; and
53          (b) aligned to the core standards for Utah public schools.
54          (4) The board shall adopt rules for the conduct and administration of U-PASS to
55     include the following:
56          (a) the computation of student performance based on information that is disaggregated
57     with respect to race, ethnicity, gender, limited English proficiency, and those students who
58     qualify for free or reduced price school lunch;
59          (b) security features to maintain the integrity of the system, which [could] may include
60     statewide uniform testing dates, multiple test forms, and test administration protocols;
61          (c) the exemption of student test scores, by exemption category, such as limited
62     English proficiency, mobility, and students with disabilities, with the percent or number of
63     student test scores exempted being [publically] publicly reported at a district level;
64          (d) compiling of criterion-referenced, online computer adaptive, and online writing test
65     scores and test score averages at the classroom level to allow for:
66          (i) an annual review of those scores by parents of students and professional and other
67     appropriate staff at the classroom level at the earliest point in time;
68          (ii) the assessment of year-to-year student progress in specific classes, courses, and
69     subjects; and
70          (iii) a teacher to review, prior to the beginning of a new school year, test scores from
71     the previous school year of students who have been assigned to the teacher's class for the new
72     school year;
73          (e) allowing a school district or charter school to have its tests administered and scored
74     electronically to accelerate the review of test scores and their usefulness to parents and
75     educators under Subsection (4)(d), without violating the integrity of U-PASS; and
76          (f) providing that scores on the tests and assessments required under Subsection (2)(a)
77     and Subsection (3) may not be considered in determining:
78          (i) a student's academic grade for the appropriate course; or
79          (ii) whether a student may advance to the next grade level.
80          (5) (a) A school district or charter school[, as applicable, is encouraged to] may
81     administer an online writing assessment to students in grade 11.
82          (b) The State Board of Education may award a grant to a school district or charter
83     school to pay for an online writing assessment and instruction program that may be used to
84     assess the writing of students in grade 11.
85          (6) The State Board of Education shall make rules:
86          (a) establishing procedures for applying for and awarding money for computer adaptive
87     tests;
88          (b) specifying how money for computer adaptive tests shall be allocated among school
89     districts and charter schools that qualify to receive the money; and
90          (c) requiring reporting of the expenditure of money awarded for computer adaptive
91     testing and evidence that the money was used to implement computer adaptive testing.
92          (7) The State Board of Education shall assure that computer adaptive tests are
93     administered in compliance with the requirements of Chapter 13, Part 3, Utah Family
94     Educational Rights and Privacy Act.
95          (8) (a) The State Board of Education shall establish a committee consisting of 15
96     parents of Utah public education students to review all computer adaptive test questions.
97          (b) The committee established in Subsection (8)(a) shall include the following parent
98     members:
99          (i) five members appointed by the chair of the State Board of Education;
100          (ii) five members appointed by the speaker of the House of Representatives; and
101          (iii) five members appointed by the president of the Senate.
102          (c) The State Board of Education shall provide staff support to the parent committee.
103          (d) The term of office of each member appointed in Subsection (8)(b) is four years.
104          (e) The chair of the State Board of Education, the speaker of the House of
105     Representatives, and the president of the Senate shall adjust the length of terms to stagger the
106     terms of committee members so that approximately 1/2 of the committee members are
107     appointed every two years.
108          (f) No member may receive compensation or benefits for the member's service on the
109     committee.
110          (9) Beginning with the 2016-17 school year, for all students in grade 11, a school
111     district or charter school may waive the obligation to administer a test required under
112     Subsection (2)(a).
113          [(9)] (10) (a) School districts and charter schools shall require each licensed employee
114     to complete two hours of professional development on youth suicide prevention within their
115     license cycle in accordance with Section 53A-6-104.
116          (b) The State Board of Education shall develop or adopt sample materials to be used by
117     a school district or charter school for professional development training on youth suicide
118     prevention.
119          (c) The training required by this Subsection (9) shall be incorporated into professional
120     development training required by rule in accordance with Section 53A-6-104.
121          Section 2. Section 53A-1-611 is amended to read:
122          53A-1-611. College readiness assessments.
123          (1) The Legislature recognizes the need for the State Board of Education to develop
124     and implement standards and assessment processes to ensure that student progress is measured
125     and that school boards and school personnel are accountable.
126          (2) In addition to its responsibilities under Sections 53A-1-603 through 53A-1-605, the
127     State Board of Education shall:
128          (a) adopt college readiness assessments for secondary students; and
129          (b) require a school [districts and charter schools] district or charter school to
130     administer the college readiness assessments adopted by the State Board of Education
131     [beginning with the 2013-14 school year].
132          (3) [The] A college readiness [assessments] assessment adopted by the State Board of
133     Education:
134          (a) shall include the college admissions test that includes an assessment of language
135     arts, mathematics, and science that is most commonly submitted to local universities; and
136          (b) may include:
137          (i) the Armed Services Vocational Aptitude Battery; and
138          (ii) a battery of assessments that are predictive of success in higher education.
139          (4) (a) Except as provided in Subsection (4)(b), the State Board of Education shall
140     require a school [districts and charter schools] district or charter school to administer a test
141     adopted under Subsection (3)(a) to all students in grade 11.
142          (b) A student with an IEP may take an appropriate college readiness assessment other
143     than a test adopted by the State Board of Education under Subsection (3)(a), as determined by
144     the student's IEP.
145          [(5) The requirements of this section are to be complementary to the other achievement
146     testing provisions of this part.]




Legislative Review Note
Office of Legislative Research and General Counsel