8 LONG TITLE
9 General Description:
10 This bill amends references to student education plans and college and career readiness
12 Highlighted Provisions:
13 This bill:
14 ▸ replaces references to:
15 • "student education/occupation plan" or "SEOP" to "plan for college and career
16 readiness"; and
17 • "student education plan" or "SEP" with "individual learning plan."
18 Money Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 53A-1a-106, as last amended by Laws of Utah 2012, Chapter 315
25 53A-3-602.5, as last amended by Laws of Utah 2015, Chapter 415
26 53A-15-1204, as last amended by Laws of Utah 2012, Chapter 238
27 53A-15-1208, as last amended by Laws of Utah 2012, Chapter 238
28 53A-15-1209, as last amended by Laws of Utah 2012, Chapter 238
29 53A-15-1702, as enacted by Laws of Utah 2016, Chapter 200
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 53A-1a-106 is amended to read:
33 53A-1a-106. School district and individual school powers -- Plan for college and
34 career readiness definition.
35 (1) In order to acquire and develop the characteristics listed in Section 53A-1a-104,
36 each school district and each public school within its respective district shall implement a
37 comprehensive system of accountability in which students advance through public schools by
38 demonstrating competency in required skills and mastery of required knowledge through the
39 use of diverse assessment instruments such as authentic and criterion referenced tests, projects,
40 and portfolios.
41 (2) (a) Each school district and public school shall:
42 (i) develop and implement programs integrating technology into the curriculum,
43 instruction, and student assessment;
44 (ii) provide for teacher and parent involvement in policymaking at the school site;
45 (iii) implement a public school choice program to give parents, students, and teachers
46 greater flexibility in designing and choosing among programs with different focuses through
47 schools within the same district and other districts, subject to space availability, demographics,
48 and legal and performance criteria;
49 (iv) establish strategic planning at both the district and school level and site-based
50 decision making programs at the school level;
51 (v) provide opportunities for each student to acquire and develop academic and
52 occupational knowledge, skills, and abilities;
53 (vi) participate in ongoing research and development projects primarily at the school
54 level aimed at improving the quality of education within the system; and
55 (vii) involve business and industry in the education process through the establishment
56 of partnerships with the business community at the district and school level.
57 (b) (i) As used in this title, [
58 college and career readiness" means a plan developed by a student and the student's parent or
59 guardian, in consultation with school counselors, teachers, and administrators that:
60 (A) is initiated at the beginning of grade 7;
61 (B) identifies a student's skills and objectives;
62 (C) maps out a strategy to guide a student's course selection; and
63 (D) links a student to post-secondary options, including higher education and careers.
64 (ii) Each local school board, in consultation with school personnel, parents, and school
65 community councils or similar entities shall establish policies to provide for the effective
66 implementation of [
68 readiness for each student at the school site.
69 (iii) The policies shall include guidelines and expectations for:
70 (A) recognizing the student's accomplishments, strengths, and progress towards
71 meeting student achievement standards as defined in U-PASS;
72 (B) planning, monitoring, and managing education and career development; and
73 (C) involving students, parents, and school personnel in preparing and implementing
75 (iv) A parent may request [
76 to [
77 readiness conference established by local school board policy.
78 (v) Time spent during the school day to implement [
79 learning plan or a plan for college and career readiness is considered part of the school term
80 referred to in Subsection 53A-17a-103(4).
81 (3) A school district or public school may submit proposals to modify or waive rules or
82 policies of a supervisory authority within the public education system in order to acquire or
83 develop the characteristics listed in Section 53A-1a-104.
84 (4) (a) Each school district and public school shall make an annual report to its patrons
85 on its activities under this section.
86 (b) The reporting process shall involve participation from teachers, parents, and the
87 community at large in determining how well the district or school is performing.
88 Section 2. Section 53A-3-602.5 is amended to read:
89 53A-3-602.5. School performance report -- Components -- Annual filing.
90 (1) For a school year beginning with or after the 2010-11 school year, the State Board
91 of Education in collaboration with the state's school districts and charter schools shall develop
92 a school performance report to inform the state's residents of the quality of schools and the
93 educational achievement of students in the state's public education system.
94 (2) The report described in Subsection (1) shall be written and include the following
95 statistical data for each school in a school district and each charter school, as applicable, except
96 as provided by Subsection (2)(g), and shall also aggregate the data at the school district and
97 state level:
98 (a) test scores over the previous year on:
99 (i) criterion-referenced or online computer adaptive tests to include the scores
100 aggregated for all students:
101 (A) by grade level or course for the previous two years and an indication of whether
102 there was a sufficient magnitude of gain in the scores between the two years; and
103 (B) by class;
104 (ii) online writing assessments required under Section 53A-1-603; and
105 (iii) college readiness assessments required under Section 53A-1-603;
106 (b) college entrance examinations data, including the number and percentage of each
107 graduating class taking the examinations for the previous four years;
108 (c) advanced placement and concurrent enrollment data, including:
109 (i) the number of students taking advanced placement and concurrent enrollment
111 (ii) the number and percent of students taking a specific advanced placement course
112 who take advanced placement tests to receive college credit for the course;
113 (iii) of those students taking the test referred to in Subsection (2)(c)(ii), the number and
114 percent who pass the test; and
115 (iv) of those students taking a concurrent enrollment course, the number and percent of
116 those who receive college credit for the course;
117 (d) the number and percent of students in grade 3 reading at or above grade level;
118 (e) the number and percent of students who were absent from school 10 days or more
119 during the school year;
120 (f) achievement gaps that reflect the differences in achievement of various student
121 groups as defined by State Board of Education rule;
122 (g) the number and percent of "student dropouts" within the school district as defined
123 by State Board of Education rule;
124 (h) course-taking patterns and trends in secondary schools;
125 (i) student mobility;
126 (j) staff qualifications, to include years of professional service and the number and
127 percent of staff who have a degree or endorsement in their assigned teaching area and the
128 number and percent of staff who have a graduate degree;
129 (k) the number and percent of parents who participate in [
130 learning plan, a plan for college and career readiness, and parent-teacher conferences;
131 (l) average class size calculated in accordance with State Board of Education rule
132 adopted under Subsection (4);
133 (m) average daily attendance as defined by State Board of Education rule, including
134 every period in secondary schools; and
135 (n) enrollment totals disaggregated with respect to race, ethnicity, gender, limited
136 English proficiency, and those students who qualify for free or reduced price school lunch.
137 (3) For a school year beginning with or after the 2010-11 school year, the State Board
138 of Education, in collaboration with the state's school districts and charter schools, shall provide
139 for the collection and electronic reporting of the following data for a school in each school
140 district and each charter school:
141 (a) test scores and trends over the previous four years on the tests referred to in
142 Subsection (2)(a);
143 (b) the average grade given in each math, science, and English course in grades 9
144 through 12 for which criterion-referenced or online computer adaptive tests are required under
145 Section 53A-1-603;
146 (c) incidents of student discipline as defined by State Board of Education rule,
147 including suspensions, expulsions, and court referrals; and
148 (d) the number and percent of students receiving fee waivers and the total dollar
149 amount of fees waived.
150 (4) (a) The State Board of Education shall adopt common definitions and data
151 collection procedures for local school boards and charter schools to use in collecting and
152 forwarding the data required under Subsections (2) and (3) to the state superintendent of public
154 (b) (i) In accordance with Subsections (4)(b)(ii) through (4)(b)(iv), the State Board of
155 Education shall adopt rules specifying how average class size shall be calculated.
156 (ii) (A) Except as provided by Subsections (4)(b)(ii)(B) through (4)(b)(ii)(D) or for
157 nontraditional classes identified by rule, average class size at the elementary school level shall:
158 (I) be calculated by grade level; and
159 (II) indicate the average number of students who are assigned to a teacher for
160 instruction together during a designated time period.
161 (B) If students at the elementary school level receive instruction in basic academic
162 classes from different teachers, average class size may be calculated as provided by Subsection
163 (4)(b)(iii) for secondary school students.
164 (C) An elementary school class that includes students from multiple grade levels shall
165 be counted as a single class.
166 (D) An extended day class in which a portion of the class arrives early and the other
167 portion stays late shall be counted as a single class.
168 (iii) (A) Except as provided by Subsection (4)(b)(iii)(B) or for nontraditional classes
169 identified by rule, average class size at the secondary school level shall:
170 (I) be calculated for core language arts, mathematics, and science courses; and
171 (II) indicate the average number of students who are assigned to a teacher for
172 instruction together during a designated time period.
173 (B) A secondary school class in which a teacher provides instruction in multiple
174 courses shall be counted as a single class.
175 (iv) Special education classes and online classes shall be excluded when determining
176 average class size by grade at the elementary school level or the average class size of core
177 language arts, mathematics, and science courses at the secondary level.
178 (c) The State Board of Education, through the state superintendent of public
179 instruction, shall adopt standard reporting forms and provide a common template for collecting
180 and reporting the data, which shall be used by all school districts and charter schools.
181 (d) The state superintendent shall use the automated decision support system referred
182 to in Section 53A-1-301 to collect and report the data required under Subsections (2) and (3).
183 (5) (a) For a school year beginning with or after the 2010-11 school year, the State
184 Board of Education, through the state superintendent of public instruction, shall issue its report
185 annually by October 1 to include the required data from the previous school year or years as
186 indicated in Subsections (2) and (3).
187 (b) The State Board of Education shall publish on the State Board of Education's
188 website U-PASS school reports for the 2009-10 school year that indicate the academic
189 proficiency and progress of a school's students and whether the school meets state standards of
191 (6) (a) Each local school board and each charter school shall receive a written or an
192 electronic copy of the report from the state superintendent of public instruction containing the
193 data for that school district or charter school in a clear summary format and have it distributed,
194 on a one per household basis, to the residence of students enrolled in the school district or
195 charter school before November 30th of each year.
196 (b) Each local school board, each charter school, and the State Board of Education
197 shall have a complete report of the statewide data available for copying or in an electronic
198 format at their respective offices.
199 Section 3. Section 53A-15-1204 is amended to read:
200 53A-15-1204. Option to enroll in online courses offered through the Statewide
201 Online Education Program.
202 (1) Subject to the course limitations provided in Subsection (2), an eligible student may
203 enroll in an online course offered through the Statewide Online Education Program if:
204 (a) the student meets the course prerequisites;
205 (b) the course is open for enrollment;
206 (c) the online course is aligned with the student's [
208 (d) the online course is consistent with the student's individual education plan (IEP), if
209 the student has an IEP; and
210 (e) the online course is consistent with the student's international baccalaureate
211 program, if the student is participating in an international baccalaureate program.
212 (2) An eligible student may enroll in online courses for no more than the following
213 number of credits:
214 (a) in the 2011-12 and 2012-13 school years, two credits;
215 (b) in the 2013-14 school year, three credits;
216 (c) in the 2014-15 school year, four credits;
217 (d) in the 2015-16 school year, five credits; and
218 (e) beginning with the 2016-17 school year, six credits.
219 (3) Notwithstanding Subsection (2):
220 (a) a student's primary LEA of enrollment may allow an eligible student to enroll in
221 online courses for more than the number of credits specified in Subsection (2); or
222 (b) upon the request of an eligible student, the State Board of Education may allow the
223 student to enroll in online courses for more than the number of credits specified in Subsection
224 (2), if the online courses better meet the academic goals of the student.
225 (4) An eligible student's primary LEA of enrollment:
226 (a) in conjunction with the student and the student's parent or legal guardian, is
227 responsible for preparing and implementing a [
228 for college and career readiness for the eligible student, as provided in Section 53A-1a-106;
230 (b) shall assist an eligible student in scheduling courses in accordance with the
231 student's [
232 student's post-secondary plans.
233 (5) An eligible student's primary LEA of enrollment may not:
234 (a) impose restrictions on a student's selection of an online course that fulfills
235 graduation requirements and is consistent with the student's [
236 readiness or post-secondary plans; or
237 (b) give preference to an online course or online course provider.
238 (6) The State Board of Education, including an employee of the State Board of
239 Education, may not give preference to an online course or online course provider.
240 (7) (a) Except as provided in Subsection (7)(b), a person may not provide an
241 inducement or incentive to a public school student to participate in the Statewide Online
242 Education Program.
243 (b) For purposes of Subsection (7)(a):
244 (i) "Inducement or incentive" does not mean:
245 (A) instructional materials or software necessary to take an online course; or
246 (B) access to a computer or digital learning device for the purpose of taking an online
248 (ii) "Person" does not include a relative of the public school student.
249 Section 4. Section 53A-15-1208 is amended to read:
250 53A-15-1208. Course credit acknowledgment.
251 (1) A student's primary LEA of enrollment and the student's online course provider
252 shall enter into a course credit acknowledgment in which the primary LEA of enrollment and
253 the online course provider acknowledge that the online course provider is responsible for the
254 instruction of the student in a specified online course.
255 (2) The terms of the course credit acknowledgment shall provide that:
256 (a) the online course provider shall receive a payment in the amount provided under
257 Section 53A-15-1206; and
258 (b) the student's primary LEA of enrollment acknowledges that the State Board of
259 Education will deduct funds allocated to the LEA under Chapter 17a, Minimum School
260 Program Act, in the amount and at the time the online course provider qualifies to receive
261 payment for the online course as provided in Subsection 53A-15-1206(4).
262 (3) (a) A course credit acknowledgment may originate with either an online course
263 provider or primary LEA of enrollment.
264 (b) The originating entity shall submit the course credit acknowledgment to the State
265 Board of Education who shall forward it to the primary LEA of enrollment for course selection
266 verification or the online course provider for acceptance.
267 (c) (i) A primary LEA of enrollment may only reject a course credit acknowledgment
269 (A) the online course is not aligned with the student's [
270 career readiness;
271 (B) the online course is not consistent with the student's IEP, if the student has an IEP;
272 (C) the online course is not consistent with the student's international baccalaureate
273 program, if the student participates in an international baccalaureate program; or
274 (D) the number of online course credits exceeds the maximum allowed for the year as
275 provided in Section 53A-15-1204.
276 (ii) Verification of alignment of an online course with a student's [
277 college and career readiness does not require a meeting with the student.
278 (d) An online course provider may only reject a course credit acknowledgment if:
279 (i) the student does not meet course prerequisites; or
280 (ii) the course is not open for enrollment.
281 (e) A primary LEA of enrollment or online course provider shall submit an acceptance
282 or rejection of a course credit acknowledgment to the State Board of Education within 72
283 business hours of the receipt of a course credit acknowledgment from the State Board of
284 Education pursuant to Subsection (3)(b).
285 (f) If an online course provider accepts a course credit acknowledgment, the online
286 course provider shall forward to the primary LEA of enrollment the online course start date as
287 established under Section 53A-15-1206.5.
288 (g) If an online course provider rejects a course credit acknowledgment, the online
289 course provider shall include an explanation which the State Board of Education shall forward
290 to the primary LEA of enrollment for the purpose of assisting a student with future online
291 course selection.
292 (h) If a primary LEA of enrollment does not submit an acceptance or rejection of a
293 course credit acknowledgment to the State Board of Education within 72 business hours of the
294 receipt of a course credit acknowledgment from the State Board of Education pursuant to
295 Subsection (3)(b), the State Board of Education shall consider the course credit
296 acknowledgment accepted.
297 (i) (i) Upon acceptance of a course credit acknowledgment, the primary LEA of
298 enrollment shall notify the student of the acceptance and the start date for the online course as
299 established under Section 53A-15-1206.5.
300 (ii) Upon rejection of a course credit acknowledgment, the primary LEA of enrollment
301 shall notify the student of the rejection and provide an explanation of the rejection.
302 (j) If the online course student has an individual education plan (IEP) or 504
303 accommodations, the primary LEA of enrollment shall forward the IEP or description of 504
304 accommodations to the online course provider within 72 business hours after the primary LEA
305 of enrollment receives notice that the online course provider accepted the course credit
307 (4) (a) A primary LEA of enrollment may not reject a course credit acknowledgment,
308 because the LEA is negotiating, or intends to negotiate, an online course fee with the online
309 course provider pursuant to Subsection 53A-15-1206(6).
310 (b) If a primary LEA of enrollment negotiates an online course fee with an online
311 course provider before the start date of an online course, a course credit acknowledgment may
312 be amended to reflect the negotiated online course fee.
313 Section 5. Section 53A-15-1209 is amended to read:
314 53A-15-1209. Online course credit hours included in daily membership --
316 (1) Subject to Subsection (2), a student's primary LEA of enrollment shall include
317 online course credit hours in calculating daily membership.
318 (2) A student may not count as more than one FTE, unless the student intends to
319 complete high school graduation requirements, and exit high school, early, in accordance with
320 the student's [
321 (3) A student who enrolls in an online course may not be counted in membership for a
322 released-time class, if counting the student in membership for a released-time class would
323 result in the student being counted as more than one FTE.
324 (4) Except as provided in Subsection (5), a student enrolled in an online course may
325 earn no more credits in a year than the number of credits a student may earn in a year by taking
326 a full course load during the regular school day in the student's primary LEA of enrollment.
327 (5) A student enrolled in an online course may earn more credits in a year than the
328 number of credits a student may earn in a year by taking a full course load during the regular
329 school day in the student's primary LEA of enrollment:
330 (a) if the student intends to complete high school graduation requirements, and exit
331 high school, early, in accordance with the student's [
332 for college and career readiness; or
333 (b) if allowed under local school board or charter school governing board policy.
334 Section 6. Section 53A-15-1702 is amended to read:
335 53A-15-1702. Definitions.
336 (1) "Concurrent enrollment" means enrollment in a course offered through the
337 concurrent enrollment program described in Section 53A-15-1703.
338 (2) "Educator" means the same as that term is defined in Section 53A-6-103.
339 (3) "Eligible instructor" means an instructor who is:
340 (a) employed as faculty by an institution of higher education; or
341 (b) (i) employed by an LEA;
342 (ii) licensed by the State Board of Education under Title 53A, Chapter 6, Educator
343 Licensing and Professional Practices Act;
344 (iii) (A) approved as adjunct faculty by an institution of higher education; or
345 (B) a mathematics educator who has an upper level mathematics endorsement; and
346 (iv) supervised by an institution of higher education.
347 (4) "Eligible student" means a student who:
348 (a) is enrolled in, and counted in average daily membership in, a high school within the
350 (b) has a [
351 described in Section 53A-1a-106, on file at a high school within the state; and
352 (c) (i) is a grade 11 or grade 12 student; or
353 (ii) is a grade 9 or grade 10 student who qualifies by exception as described in Section
355 (5) "Endorsement" means a stipulation, authorized by the State Board of Education and
356 appended to a license, that specifies an area of practice to which the license applies.
357 (6) "Institution of higher education" means the same as that term is defined in Section
359 (7) "License" means the same as that term is defined in Section 53A-6-103.
360 (8) "Local education agency" or "LEA" means a school district or charter school.
361 (9) "Participating eligible student" means an eligible student enrolled in a concurrent
362 enrollment course.
363 (10) "Upper level mathematics endorsement" means an endorsement required by the
364 State Board of Education for an educator to teach calculus.
365 (11) "Value of the weighted pupil unit" means the same as that term is defined in
366 Section 53A-1a-703.