7 LONG TITLE
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:
33 63I-2-253, as last amended by Laws of Utah 2016, Chapters 128, 229, 236, 271, and
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
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
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.
151 repealed July 1, 2017.
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.
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
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
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.".