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 $125,000; and
27          ▸     to the State Board of Education -- Initiative Programs, as a ongoing appropriation:
28               •     from the Education Fund $250,000.
29     Other Special Clauses:

30          This bill provides a coordination clause.
31     Utah Code Sections Affected:
32     AMENDS:
33          63I-2-253, as last amended by Laws of Utah 2016, Chapters 128, 229, 236, 271, and
34     318
35     ENACTS:
36          53A-1-415, Utah Code Annotated 1953
37     Utah Code Sections Affected by Coordination Clause:
38          53A-1-415, Utah Code Annotated 1953

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

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

86          (ix) absence rate;
87          (x) feeder school;
88          (xi) type of school, including primary or secondary, public or private, Title I, or other
89     general school-type category;
90          (xii) course failures; and
91          (xiii) other criteria, as determined by the board; and
92          (f) have the ability to load data from a local, national, or other assessment in the data's
93     original format within a reasonable time.
94          (4) Subject to legislative appropriations, the online data reporting tool and digital
95     program shall:
96          (a) integrate criteria for early warning indicators, including the following criteria:
97          (i) discipline;
98          (ii) attendance;
99          (iii) behavior;
100          (iv) course failures; and
101          (v) other criteria as determined by a local school board or charter school governing
102     board; and
103          (b) provide a teacher or administrator the ability to view the early warning indicators
104     described in Subsection (4)(a) with a student's assessment results described in Subsection
105     (3)(b).
106          (5) Subject to legislative appropriations, the online data reporting tool and the digital
107     program shall:
108          (a) provide data on response to intervention using existing assessments or measures
109     that are manually added, including assessment and nonacademic measures;
110          (b) provide a user the ability to share interventions within a reporting environment and
111     add comments to inform other teachers, administrators, and parents or guardians;
112          (c) save and share reports among different teachers and school administrators, subject
113     to the student population information a teacher or administrator has the rights to access;

114          (d) automatically flag a student profile when early warning thresholds are met so that a
115     teacher can easily identify a student who may be in need of intervention;
116          (e) incorporate a variety of algorithms to support student learning outcomes and
117     provide student growth reporting by teacher;
118          (f) integrate response to intervention tiers and activities as filters for the reporting of
119     individual student data and aggregated data, including by ethnicity, school, or teacher;
120          (g) have the ability to generate student parent or guardian communication to alert the
121     parent or guardian of academic plans or interventions; and
122          (h) configure alerts based upon student academic results, including a student's
123     performance on the previous year statewide criterion-referenced test or online computer
124     adaptive test described in Section 53A-1-603.
125          (6) (a) The board shall, subject to legislative appropriations, select an LEA to receive
126     access to a digital program through a provider described in Subsection (2)(a)(ii).
127          (b) An LEA that receives access to a digital program shall pay for 50% of the cost of
128     the digital program.
129          (c) An LEA that receives access to a digital program shall no later than one school year
130     after accessing a digital program report to the board in a format required by the board on the
131     effectiveness of the digital program, positive and negative attributes of the digital program,
132     recommendations for improving the online data reporting tool, and any other information
133     regarding a digital program requested by the board.
134          (d) The board shall consider recommendations from an LEA for changes to the online
135     data reporting tool.
136          (7) Information described in this section shall be used in accordance with and provided
137     subject to:
138          (a) Chapter 1, Part 14, Student Data Protection Act;
139          (b) Chapter 13, Part 3, Utah Family Educational Rights and Privacy Act; and
140          (c) Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
141          Section 2. Section 63I-2-253 is amended to read:

142          63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
143          (1) Section 53A-1-403.5 is repealed July 1, 2017.
144          (2) Section 53A-1-411 is repealed July 1, 2017.
145          (3) Section 53A-1-415 is repealed July 1, 2019.
146          [(3)] (4) Section 53A-1-709 is repealed July 1, 2020.
147          [(4)] (5) Subsection 53A-1a-513(4) is repealed July 1, 2017.
148          [(5)] (6) Section 53A-1a-513.5 is repealed July 1, 2017.
149          [(6)] (7) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.
150          [(7)] (8) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
151     repealed July 1, 2017.
152          [(8)] (9) Sections 53A-24-601 and 53A-24-602 are repealed January 1, 2018.
153          [(9)] (10) (a) Subsections 53B-2a-103(2) and (4) are repealed July 1, 2019.
154          (b) When repealing Subsections 53B-2a-103(2) and (4), the Office of Legislative
155     Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
156     make necessary changes to subsection numbering and cross references.
157          [(10)] (11) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project,
158     is repealed July 1, 2023.
159          Section 3. Appropriation.
160          The following sums of money are appropriated for the fiscal year beginning July 1,
161     2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
162     fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
163     Act, the Legislature appropriates the following sums of money from the funds or accounts
164     indicated for the use and support of the government of the state of Utah.
165     ITEM 1
166          To State Board of Education - Initiative Programs
167               From Education Fund, One-time

168               Schedule of Programs:
169                    Early Warning Pilot Program           $125,000

170     ITEM 2
171          To State Board of Education - Initiative Programs
172               From Education Fund, Ongoing

173               Schedule of Programs:
174                    Early Warning Pilot Program           $250,000
175          The Legislature intends that the State Board of Education:
176          (1) use $125,000 of the appropriation under this section for enhancement of the online
177     data reporting tool as described in Section 53A-1-415; and
178          (2) use $250,000 of the appropriation under this section for paying 50% of the cost for
179     an LEA to access a digital program as described in Section 53A-1-415.
180          Section 4. Coordinating H.B. 404 with S.B. 220 -- Substantive and technical
181     amendment.
182          If this H.B. 404 and S.B. 220, Student Assessment and School Accountability
183     Amendments, both pass and become law, it is the intent of the Legislature that the Office of
184     Legislative Research and General Counsel shall prepare the Utah Code database for publication
185     by:
186          (1) modifying Subsection 53A-1-415(3)(b)(iii) to read:
187          "(iii) a standards assessment described in Section 53A-1-604;"; and
188          (2) modifying Subsection 53A-1-415(5)(h) to read:
189          "(h) configure alerts based upon student academic results, including a student's
190     performance on the previous year standards assessment described in Section 53A-1-604.".