1     
SCHOOL TURNAROUND AND LEADERSHIP DEVELOPMENT

2     
ACT AMENDMENTS

3     
2016 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Ann Millner

6     
House Sponsor: Bradley G. Last

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions regarding the School Turnaround and Leadership
11     Development Act.
12     Highlighted Provisions:
13          This bill:
14          ▸     amends definitions;
15          ▸     clarifies that certain school turnaround actions may only be taken under certain
16     circumstances;
17          ▸     amends the date by which certain school turnaround actions shall be taken;
18          ▸     specifies uses for School Turnaround and Leadership Development program funds;
19     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-1-1202, as enacted by Laws of Utah 2015, Chapter 449
28          53A-1-1203, as enacted by Laws of Utah 2015, Chapter 449
29          53A-1-1204, as enacted by Laws of Utah 2015, Chapter 449
30          53A-1-1205, as enacted by Laws of Utah 2015, Chapter 449
31          53A-1-1206, as enacted by Laws of Utah 2015, Chapter 449
32          53A-1-1207, as enacted by Laws of Utah 2015, Chapter 449
33          53A-1-1208, as enacted by Laws of Utah 2015, Chapter 449
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 53A-1-1202 is amended to read:
37          53A-1-1202. Definitions.
38          As used in this part:
39          (1) "Board" means the State Board of Education.
40          (2) "Charter school authorizer" means the same as that term is defined in Section
41     53A-1a-501.3.
42          (3) "District school" means a public school under the control of a local school board
43     elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
44     Boards.
45          (4) "Educator" means the same as that term is defined in Section 53A-6-103.
46          (5) "Final remedial year" means the second school year following the initial remedial
47     year.
48          [(5)] (6) "Initial remedial year" means the school year [in which] a district school or
49     charter school is designated as a low performing school under Section 53A-1-1203.
50          [(6)] (7) "Low performing school" means a district school or charter school that has
51     been designated a low performing school by the board because the school is:
52          (a) in the lowest performing 3% of schools statewide according to the percentage of
53     possible points earned under the school grading system; and
54          (b) a low performing school according to other outcome-based measures as may be
55     defined in rules made by the board in accordance with Title 63G, Chapter 3, Utah
56     Administrative Rulemaking Act.
57          [(7)] (8) "School grade" or "grade" means the letter grade assigned to a school under
58     the school grading system.
59          [(8)] (9) "School grading system" means the system established under Part 11, School
60     Grading Act, of assigning letter grades to schools.
61          [(9)] (10) "Statewide assessment" means a test of student achievement in [English
62     language arts, mathematics, or science,] basic academic subjects, including a test administered
63     in a computer adaptive format that is administered statewide under Part 6, Achievement Tests.
64          Section 2. Section 53A-1-1203 is amended to read:
65          53A-1-1203. State Board of Education to designate low performing schools.
66          On or before [August 15] September 1, the board shall annually designate a school as a
67     low performing school if the school is:
68          (1) in the lowest performing 3% of schools statewide according to the percentage of
69     possible points earned under the school grading system; and
70          (2) a low performing school according to other outcome-based measures as may be
71     defined in rules made by the board in accordance with Title 63G, Chapter 3, Utah
72     Administrative Rulemaking Act.
73          Section 3. Section 53A-1-1204 is amended to read:
74          53A-1-1204. Required action to turn around a low performing district school.
75          (1) On or before [October 1] September 15 of an initial remedial year, a local school
76     board of a low performing school shall establish a school turnaround committee composed of
77     the following members:
78          (a) the local school board member who represents the voting district where the low
79     performing school is located;
80          (b) the school principal;
81          (c) three parents of students enrolled in the low performing school appointed by the
82     chair of the school community council;
83          (d) one teacher at the low performing school appointed by the principal; and
84          (e) one teacher at the low performing school appointed by the school district
85     superintendent.
86          (2) (a) Subject to Subsection (2)(b), on or before October [15] 1 of an initial remedial
87     year, a local school board of a low performing school shall partner with the school turnaround
88     committee to select an independent school turnaround expert from the experts identified by the
89     board under Section 53A-1-1206.
90          (b) A local school board may not select an independent school turnaround expert that
91     is:
92          (i) the school district; or
93          (ii) an employee of the school district.
94          (3) A school turnaround committee shall partner with the independent school
95     turnaround expert selected under Subsection (2) to develop and implement a school turnaround
96     plan that includes:
97          (a) the findings of the analysis conducted by the independent school turnaround expert
98     described in Subsection 53A-1-1206(1)(a);
99          (b) recommendations regarding changes to the low performing school's personnel,
100     culture, curriculum, assessments, instructional practices, governance, leadership, finances,
101     policies, or other areas that may be necessary to implement the school turnaround plan;
102          (c) measurable student achievement goals and objectives;
103          (d) a professional development plan that identifies a strategy to address problems of
104     instructional practice;
105          (e) a detailed budget specifying how the school turnaround plan will be funded;
106          (f) a plan to assess and monitor progress;
107          (g) a plan to communicate and report data on progress to stakeholders; and
108          (h) a timeline for implementation.
109          (4) A local school board of a low performing school shall:
110          (a) prioritize school district funding and resources to the low performing school; and
111          (b) grant the low performing school streamlined authority over staff, schedule, policies,
112     budget, and academic programs to implement the school turnaround plan.
113          (5) (a) On or before March 1 of an initial remedial year, a school turnaround committee
114     shall submit the school turnaround plan to the local school board for approval.
115          (b) Except as provided in Subsection (5)(c), on or before April 1 of an initial remedial
116     year, a local school board of a low performing school shall submit the school turnaround plan
117     to the board for approval.
118          (c) If the local school board does not approve the school turnaround plan submitted
119     under Subsection (5)(a), the school turnaround committee may appeal the disapproval in
120     accordance with rules made by the board as described in Subsection 53A-1-1206(5).
121          Section 4. Section 53A-1-1205 is amended to read:
122          53A-1-1205. Required action to terminate or turn around a low performing
123     charter school.
124          (1) On or before [August 20] September 10 of an initial remedial year, a charter school
125     authorizer of a low performing school shall initiate a review to determine whether the charter
126     school is in compliance with the school's charter agreement described in Section 53A-1a-508,
127     including the school's established minimum standards for student achievement.
128          (2) If a low performing school is found to be out of compliance with the school's
129     charter agreement, the charter school authorizer may terminate the school's charter in
130     accordance with Section 53A-1a-510.
131          (3) A charter school authorizer shall make a determination on the status of a low
132     performing school's charter under Subsection (2) on or before [September 15] October 1 of an
133     initial remedial year.
134          (4) If a charter school authorizer does not terminate a low performing school's charter
135     under Subsection (2), a charter school governing board of a low performing school shall:
136          (a) on or before October [1] 15 of an initial remedial year, establish a school
137     turnaround committee composed of the following members:
138          (i) a member of the charter school governing board, appointed by the chair of the
139     charter school governing board;
140          (ii) the school principal;
141          (iii) three parents of students enrolled in the low performing school, appointed by the
142     chair of the charter school governing board; and
143          (iv) two teachers at the low performing school, appointed by the school principal; and
144          (b) subject to Subsection (5), on or before [October 15] November 1 of an initial
145     remedial year, in partnership with the school turnaround committee, select an independent
146     school turnaround expert from the experts identified by the board under Section 53A-1-1206.
147          (5) A charter school governing board may not select a school turnaround expert that:
148          (a) is a member of the charter school governing board;
149          (b) is an employee of the charter school; or
150          (c) has a contract to operate the charter school.
151          (6) A school turnaround committee shall partner with the independent school
152     turnaround expert selected under Subsection (4)(b) to develop and implement a school
153     turnaround plan that includes the elements described in Subsection 53A-1-1204(3).
154          (7) (a) On or before March 1 of an initial remedial year, a school turnaround committee
155     shall submit the school turnaround plan to the charter school governing board for approval.
156          (b) Except as provided in Subsection (7)(c), on or before April 1 of an initial remedial
157     year, a charter school governing board of a low performing school shall submit the school
158     turnaround plan to the board for approval.
159          (c) If the charter school governing board does not approve the school turnaround plan
160     submitted under Subsection (7)(a), the school turnaround committee may appeal the
161     disapproval in accordance with rules made by the board as described in Subsection
162     53A-1-1206(5).
163          Section 5. Section 53A-1-1206 is amended to read:
164          53A-1-1206. State Board of Education to identify independent school turnaround
165     experts -- Review and approval of school turnaround plans -- Appeals process.
166          (1) On or before August 30, the board shall identify two or more approved independent
167     school turnaround experts, through a request for proposals process, that a low performing
168     school may select from to partner with to:
169          (a) collect and analyze data on the low performing school's student achievement,
170     personnel, culture, curriculum, assessments, instructional practices, governance, leadership,
171     finances, and policies;
172          (b) recommend changes to the low performing school's culture, curriculum,
173     assessments, instructional practices, governance, finances, policies, or other areas based on
174     data collected under Subsection (1)(a);
175          (c) develop and implement, in partnership with the school turnaround committee, a
176     school turnaround plan that meets the criteria described in Subsection 53A-1-1204(3);
177          (d) monitor the effectiveness of a school turnaround plan through reliable means of
178     evaluation, including on-site visits, observations, surveys, analysis of student achievement data,
179     and interviews;
180          (e) provide ongoing implementation support and project management for a school
181     turnaround plan;
182          (f) provide high-quality professional development personalized for school staff that is
183     designed to build the:
184          (i) leadership capacity of the school principal; and
185          (ii) instructional capacity of school staff; and
186          (g) leverage support from community partners to coordinate an efficient delivery of
187     supports to students both inside and outside the classroom.
188          (2) In identifying independent school turnaround experts under Subsection (1), the
189     board shall identify experts that:
190          (a) have a credible track record of improving student academic achievement in public
191     schools with various demographic characteristics, as measured by statewide assessments;
192          (b) have experience designing, implementing, and evaluating data-driven instructional
193     systems in public schools;
194          (c) have experience coaching public school administrators and teachers on designing
195     data-driven school improvement plans;
196          (d) have experience working with the various education entities that govern public
197     schools;
198          (e) have experience delivering high-quality professional development in instructional
199     effectiveness to public school administrators and teachers;
200          (f) are willing to be compensated for professional services based on performance as
201     described in Subsection (3); and
202          (g) are willing to partner with any low performing school in the state, regardless of
203     location.
204          (3) (a) When awarding a contract to an independent school turnaround expert selected
205     by a local school board under Subsection 53A-1-1204(2) or by a charter school governing
206     board under Subsection 53A-1-1205(4)(b), the board shall ensure that a contract between the
207     board and the independent school turnaround expert specifies that the board will:
208          (i) pay an independent school turnaround expert no more than 50% of the expert's
209     professional fees at the beginning of the independent school turnaround expert's work for the
210     low performing school; and
211          (ii) pay the remainder of the independent school turnaround expert's professional fees
212     [upon the independent school turnaround expert successfully helping a low performing school
213     improve the low performing school's grade within three school years after a school is
214     designated a low performing school.] upon completion of the independent school turnaround
215     expert's work for the low performing school if:
216          (A) the independent school turnaround expert fulfills the terms of the contract; and
217          (B) the low performing school's grade improves by at least one letter grade, as
218     determined by the board under Subsection (3)(b).
219          (b) The board shall determine whether a low performing school's grade has improved
220     under Subsection (3)(a)(ii) by comparing the school's letter grade for the school year prior to
221     the initial remedial year to the school's letter grade:
222          (i) for the final remedial year; or
223          (ii) for the last school year of the extension period if, as described in Section
224     53A-1-1207:
225          (A) a school is granted an extension; and
226          (B) the board extends the contract of the school's independent school turnaround
227     expert.
228          [(b)] (c) In negotiating a contract with an independent school turnaround expert, the
229     board shall offer:
230          (i) differentiated amounts of funding based on student enrollment; and
231          (ii) a higher amount of funding for schools that are in the lowest performing 1% of
232     schools statewide according to the percentage of possible points earned under the school
233     grading system.
234          (4) The board shall:
235          (a) review a school turnaround plan submitted for approval under Subsection
236     53A-1-1204(5)(b) or under Subsection 53A-1-1205(7)(b) within 30 days of submission;
237          (b) approve a school turnaround plan that:
238          (i) is timely;
239          (ii) is well-developed; and
240          (iii) meets the criteria described in Subsection 53A-1-1204(3); and
241          (c) subject to legislative appropriations, provide funding to a low performing school for
242     interventions identified in an approved school turnaround plan if the local school board or
243     charter school governing board provides matching funds or an in-kind contribution of goods or
244     services in an amount equal to the funding the low performing school would receive from the
245     board.
246          (5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
247     the board shall make rules to establish an appeals process for:
248          (i) a low performing district school that is not granted approval from the district
249     school's local school board under Subsection 53A-1-1204(5)(b);
250          (ii) a low performing charter school that is not granted approval from the charter
251     school's charter school governing board under Subsection 53A-1-1205(7)(b); and
252          (iii) a local school board or charter school governing board that is not granted approval
253     from the board under Subsection (4)(b).
254          (b) The board shall ensure that rules made under Subsection (5)(a) require an appeals
255     process described in:
256          (i) Subsections (5)(a)(i) and (ii) to be resolved on or before April 1 of the initial
257     remedial year; and
258          (ii) Subsection (5)(a)(iii) to be resolved on or before May 15 of the initial remedial
259     year.
260          (6) [The] (a) Subject to Subsection (6)(b), the board shall balance the need to prioritize
261     funding appropriated by the Legislature to carry out the provisions of this part to contract with
262     highly qualified independent school turnaround experts with the need to [set aside funding for]
263     fund:
264          [(a)] (i) interventions to facilitate the implementation of a school turnaround plan under
265     Subsection (4)(c); [and]
266          [(b)] (ii) the School Recognition and Reward Program created under Section
267     53A-1-1208[.]; and
268          (iii) the School Leadership Development Program created under Section 53A-1-1209.
269          (b) The board may use up to 4% of the funds appropriated by the Legislature to carry
270     out the provisions of this part for administration if the amount for administration is approved
271     by the board in an open meeting.
272          Section 6. Section 53A-1-1207 is amended to read:
273          53A-1-1207. Consequences for failing to improve the school grade of a low
274     performing school.
275          (1) As used in this section, "high performing charter school" means a charter school
276     that:
277          (a) satisfies all requirements of state law and board rules;
278          (b) meets or exceeds standards for student achievement established by the charter
279     school's charter school authorizer; and
280          (c) has received at least a "B" grade under the school grading system in the previous
281     two school years.
282          (2) (a) A low performing school [that does not improve] may petition the board for an
283     extension to continue school improvement efforts for up to two years if the low performing
284     school's grade does not improve by at least one letter grade [within three school years after the
285     day on which the school is designated a low performing school may petition the board for an
286     extension to continue school improvement efforts for up to two years], as determined by
287     comparing the school's letter grade for the school year prior to the initial remedial year to the
288     school's letter grade for the final remedial year.
289          (b) The board may only grant an extension under Subsection (2)(a) if the low
290     performing school has increased the number of points awarded under the school grading
291     system by at least:
292          (i) 25% for a school that is not a high school; and
293          (ii) 10% for a high school.
294          (c) The board shall determine whether a low performing school has increased the
295     number of points awarded under the school grading system by the percentages described in
296     Subsection (2)(b) by comparing the number of points awarded for the school year prior to the
297     initial remedial year to the number of points awarded for the final remedial year.
298          [(c)] (d) The board may extend the contract of an independent school turnaround expert
299     of a low performing school that is granted an extension under this Subsection (2).
300          [(d)] (e) A school that has been granted an extension under this Subsection (2) is
301     eligible for:
302          (i) continued funding under Subsection 53A-1-1206(4)(c); and
303          (ii) the School Recognition and Reward Program under Section 53A-1-1208.
304          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
305     board shall make rules establishing consequences for a low performing school that:
306          (a) (i) does not improve the school's grade [within three school years after the day on
307     which the school is designated a low performing school] by at least one letter grade, as
308     determined by comparing the school's letter grade for the school year prior to the initial
309     remedial year to the school's letter grade for the final remedial year; and
310          (ii) is not granted an extension under Subsection (2); or
311          (b) (i) is granted an extension under Subsection (2); and
312          (ii) does not improve the school's grade [within two school years after the day on which
313     the low performing school is granted an extension.] by at least one letter grade, as determined
314     by comparing the school's letter grade for the school year prior to the initial remedial year to
315     the school's letter grade for the last school year of the extension period.
316          (4) The board shall ensure that the rules established under Subsection (3) include a
317     mechanism for:
318          (a) restructuring a district school that may include:
319          (i) contract management;
320          (ii) conversion to a charter school; or
321          (iii) state takeover; and
322          (b) restructuring a charter school that may include:
323          (i) termination of a school's charter;
324          (ii) closure of a charter school; or
325          (iii) transferring operation and control of the charter school to:
326          (A) a high performing charter school; or
327          (B) the school district in which the charter school is located.
328          Section 7. Section 53A-1-1208 is amended to read:
329          53A-1-1208. School Recognition and Reward Program.
330          (1) As used in this section, "eligible school" means a low performing school that:
331          (a) improves the school's grade by at least one [grade level within three school years
332     after the day on which the school is designated a low performing school] letter grade, as
333     determined by comparing the school's letter grade for the school year prior to the initial
334     remedial year to the school's letter grade for the final remedial year; or
335          (b) (i) has been granted an extension under Subsection 53A-1-1207(2); and
336          (ii) improves the school's grade by at least one [grade level within] letter grade, as
337     determined by comparing the school's letter grade for the school year prior to the initial
338     remedial year to the school's letter grade for the last school year of the extension period.
339          (2) The School Recognition and Reward Program is created to provide incentives to
340     schools and educators to improve the school grade of a low performing school.
341          (3) Subject to appropriations by the Legislature, upon the [annual] release of school
342     grades by the board, the board shall distribute a reward equal to:
343          (a) for an eligible school that improves the eligible school's grade one letter grade
344     [level]:
345          (i) $100 per tested student; and
346          (ii) $1,000 per educator;
347          (b) for an eligible school that improves the eligible school's grade two [grade levels]
348     letter grades:
349          (i) $200 per tested student; and
350          (ii) $2,000 per educator;
351          (c) for an eligible school that improves the eligible school's grade three [grade levels]
352     letter grades:
353          (i) $300 per tested student; and
354          (ii) $3,000 per educator; and
355          (d) for an eligible school that improves the eligible school's grade four [grade levels]
356     letter grades:
357          (i) $500 per tested student; and
358          (ii) $5,000 per educator.
359          (4) The principal of an eligible school that receives a reward under Subsection (3), in
360     consultation with the educators at the eligible school, may determine how to use the money in
361     the best interest of the school, including providing bonuses to educators.
362          (5) If the number of qualifying eligible schools exceeds available funds, the board may
363     reduce the amounts specified in Subsection (3).