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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, [
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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) [
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 [
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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 [
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 [
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 [
175 Subsections (3)(a)[
176 (i) partner with one or more non-profit organizations; [
177 (ii) create a subcommittee.
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181 [
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) [
215 (5)(b)(ii)(B), only a parent or guardian of a student attending the school may vote [
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) [
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 [
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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, [
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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; [
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[
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).
Legislative Review Note
Office of Legislative Research and General Counsel