This document includes Senate 2nd and 3rd Reading Floor Amendments incorporated into the bill on Wed, Mar 8, 2017 at 11:56 AM by lucydaynes.
Representative Val L. Peterson proposes the following substitute bill:




Chief Sponsor: Val L. Peterson

Senate Sponsor: Ann Millner


8     General Description:
9          This bill provides for systems to identify students in need of early intervention.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     directs the State Board of Education (board) to enhance the online data reporting
14     tool and contract with a provider for a two-year pilot digital program;
15          ▸     provides certain standards and functionality that are to be included in the
16     enhancements to the online data reporting tool and a digital program;
17          ▸     directs the board to provide a digital program to a local education agency (LEA);
18          ▸     requires an LEA to pay half the cost of a digital program;
19          ▸     requires an LEA to report to the board on the effectiveness of a digital program and
20     recommendations for enhancement of the online data reporting tool;
21          ▸     provides a repeal date; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          This bill appropriates:
25          ▸     to the State Board of Education -- Initiative Programs, as a one-time appropriation:

26               •     from the Education Fund Ŝ→ [
$375,000] $125,000; and
26a          ▸ to the State Board of Education -- Intiative Programs, as an ongoing appropriation:
26b               • from the Education Fund      $250,000 ←Ŝ .
27     Other Special Clauses:
28          This bill provides a coordination clause.
29     Utah Code Sections Affected:
30     AMENDS:
31          63I-2-253, as last amended by Laws of Utah 2016, Chapters 128, 229, 236, 271, and
32     318
33     ENACTS:
34          53A-1-415, Utah Code Annotated 1953
35     Utah Code Sections Affected by Coordination Clause:
36          53A-1-415, Utah Code Annotated 1953

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 53A-1-415 is enacted to read:
40          53A-1-415. Student intervention early warning pilot program.
41          (1) As used in this section:
42          (a) "Board" means the State Board of Education.
43          (b) "Digital program" means a program that provides information for student early
44     intervention as described in this section.
45          (c) "Local education agency" or "LEA" means:
46          (i) a district school;
47          (ii) a charter school; or
48          (iii) the Utah Schools for the Deaf and the Blind.
49          (d) "Online data reporting tool" means a system described in Section 53A-1-605.
50          (2) (a) The board shall, subject to legislative appropriations:
51          (i) enhance the online data reporting tool and provide additional formative actionable
52     data on student outcomes subject to Subsection (2)(c); and
53          (ii) select through a competitive contract process a provider to provide to an LEA a
54     digital program as described in this section.
55          (b) The contract described in Subsection (2)(a)(ii) shall be for a two-year pilot
56     program.

57          (c) Information collected or used by the board for purposes of enhancing the online
58     data reporting tool in accordance with this section may not identify a student individually.
59          (3) The enhancement to the online data reporting tool and the digital program shall:
60          (a) be designed with a user-appropriate interface for use by teachers, school
61     administrators, and parents;
62          (b) provide reports on a student's results at the student level on:
63          (i) a national assessment;
64          (ii) a local assessment; and
65          (iii) a statewide criterion-referenced test or online computer adaptive test described in
66     Section 53A-1-603;
67          (c) have the ability to provide data from aggregate student reports based on a student's:
68          (i) teacher;
69          (ii) school;
70          (iii) school district, if applicable; or
71          (iv) ethnicity;
72          (d) provide a viewer with the ability to view the data described in Subsection (2)(c) on
73     a single computer screen;
74          (e) have the ability to compare the performance of students, for each teacher, based on
75     a student's:
76          (i) gender;
77          (ii) special needs, including primary exceptionality;
78          (iii) English proficiency;
79          (iv) economic status;
80          (v) migrant status;
81          (vi) ethnicity;
82          (vii) response to tiered intervention;
83          (viii) response to tiered-intervention enrollment date;
84          (ix) absence rate;
85          (x) feeder school;
86          (xi) type of school, including primary or secondary, public or private, Title I, or other
87     general school-type category;

88          (xii) course failures; and
89          (xiii) other criteria, as determined by the board; and
90          (f) have the ability to load data from a local, national, or other assessment in the data's
91     original format within a reasonable time.
92          (4) Subject to legislative appropriations, the online data reporting tool and digital
93     program shall:
94          (a) integrate criteria for early warning indicators, including the following criteria:
95          (i) discipline;
96          (ii) attendance;
97          (iii) behavior;
98          (iv) course failures; and
99          (v) other criteria as determined by a local school board or charter school governing
100     board; and
101          (b) provide a teacher or administrator the ability to view the early warning indicators
102     described in Subsection (4)(a) with a student's assessment results described in Subsection
103     (3)(b).
104          (5) Subject to legislative appropriations, the online data reporting tool and the digital
105     program shall:
106          (a) provide data on response to intervention using existing assessments or measures
107     that are manually added, including assessment and nonacademic measures;
108          (b) provide a user the ability to share interventions within a reporting environment and
109     add comments to inform other teachers, administrators, and parents or guardians;
110          (c) save and share reports among different teachers and school administrators, subject
111     to the student population information a teacher or administrator has the rights to access;
112          (d) automatically flag a student profile when early warning thresholds are met so that a
113     teacher can easily identify a student who may be in need of intervention;
114          (e) incorporate a variety of algorithms to support student learning outcomes and
115     provide student growth reporting by teacher;
116          (f) integrate response to intervention tiers and activities as filters for the reporting of
117     individual student data and aggregated data, including by ethnicity, school, or teacher;
118          (g) have the ability to generate student parent or guardian communication to alert the

119     parent or guardian of academic plans or interventions; and
120          (h) configure alerts based upon student academic results, including a student's
121     performance on the previous year statewide criterion-referenced test or online computer
122     adaptive test described in Section 53A-1-603.
123          (6) (a) The board shall, subject to legislative appropriations, select an LEA to receive
124     access to a digital program through a provider described in Subsection (2)(a)(ii).
125          (b) An LEA that receives access to a digital program shall pay for 50% of the cost of
126     the digital program.
127          (c) An LEA that receives access to a digital program shall no later than one school year
128     after accessing a digital program report to the board in a format required by the board on the
129     effectiveness of the digital program, positive and negative attributes of the digital program,
130     recommendations for improving the online data reporting tool, and any other information
131     regarding a digital program requested by the board.
132          (d) The board shall consider recommendations from an LEA for changes to the online
133     data reporting tool.
134          (7) Information described in this section shall be used in accordance with and provided
135     subject to:
136          (a) Chapter 1, Part 14, Student Data Protection Act;
137          (b) Chapter 13, Part 3, Utah Family Educational Rights and Privacy Act; and
138          (c) Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
139          Section 2. Section 63I-2-253 is amended to read:
140          63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
141          (1) Section 53A-1-403.5 is repealed July 1, 2017.
142          (2) Section 53A-1-411 is repealed July 1, 2017.
143          (3) Section 53A-1-415 is repealed July 1, 2019.
144          [(3)] (4) Section 53A-1-709 is repealed July 1, 2020.
145          [(4)] (5) Subsection 53A-1a-513(4) is repealed July 1, 2017.
146          [(5)] (6) Section 53A-1a-513.5 is repealed July 1, 2017.
147          [(6)] (7) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.
148          [(7)] (8) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
149     repealed July 1, 2017.

150          [(8)] (9) Sections 53A-24-601 and 53A-24-602 are repealed January 1, 2018.
151          [(9)] (10) (a) Subsections 53B-2a-103(2) and (4) are repealed July 1, 2019.
152          (b) When repealing Subsections 53B-2a-103(2) and (4), the Office of Legislative
153     Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
154     make necessary changes to subsection numbering and cross references.
155          [(10)] (11) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project,
156     is repealed July 1, 2023.
157          Section 3. Appropriation.
158          The following sums of money are appropriated for the fiscal year beginning July 1,
159     2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
160     fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
161     Act, the Legislature appropriates the following sums of money from the funds or accounts
162     indicated for the use and support of the government of the state of Utah.
163     ITEM 1
164          To State Board of Education - Initiative Programs
165               From Education Fund, One-time Ŝ→ [
$375,000] $125,000 ←Ŝ

166               Schedule of Programs:
167                    Early Warning Pilot Program            Ŝ→ [
$375,000] $125,000 ←Ŝ
167a     Ŝ→ ITEM 2
167b          To State Board of Education - Initiative Programs
167c               From Education Fund, Ongoing                    $250,000
167d               Schedule of Programs:
167e                    Early Warning Pilot Program               $250,000 ←Ŝ
168          The Legislature intends that the State Board of Education:
169          (1) use $125,000 of the appropriation under this section for enhancement of the online
170     data reporting tool as described in Section 53A-1-415; and
171          (2) use $250,000 of the appropriation under this section for paying 50% of the cost for
172     an LEA to access a digital program as described in Section 53A-1-415.
173          Section 4. Coordinating H.B. 404 with S.B. 220 -- Substantive and technical
174     amendment.
175          If this H.B. 404 and S.B. 220, Student Assessment and School Accountability
176     Amendments, both pass and become law, it is the intent of the Legislature that the Office of
177     Legislative Research and General Counsel shall prepare the Utah Code database for publication
178     by:
179          (1) modifying Subsection 53A-1-415(3)(b)(iii) to read:
180          "(iii) a standards assessment described in Section 53A-1-604;"; and

181          (2) modifying Subsection 53A-1-415(5)(h) to read:
182          "(h) configure alerts based upon student academic results, including a student's
183     performance on the previous year standards assessment described in Section 53A-1-604.".