1
2
3
4
5
6 Cosponsors:
7 Patrice M. Arent
8 Joel K. Briscoe
9 Rebecca P. Edwards
Craig Hall
Brian S. King
Karen Kwan
Carol Spackman Moss
Derrin R. Owens
Norman K Thurston
Elizabeth Weight
Mike Winder
10
11 LONG TITLE
12 General Description:
13 This bill amends and enacts provisions related to assessments and accountability in the
14 public education system.
15 Highlighted Provisions:
16 This bill:
17 ▸ defines terms;
18 ▸ repeals outdated references to the Utah Performance Assessment System for
19 Students or "U-PASS";
20 ▸ amends provisions related to the administration of statewide assessments;
21 ▸ enacts provisions related to a high school assessment;
22 ▸ repeals and reenacts provisions related to:
23 • State Board of Education duties related to assessments; and
24 • standards assessments;
25 ▸ amends other provisions related to assessments;
26 ▸ establishes a school accountability system;
27 ▸ enacts provisions related to the school accountability system, including provisions
28 related to:
29 • the indicators and calculation of points used to determine a school's rating under
30 the school accountability system;
31 • required rulemaking by the board; and
32 • required reports;
33 ▸ repeals and reenacts, for technical purposes, provisions related to youth suicide
34 prevention training; and
35 ▸ makes technical and conforming changes.
36 Money Appropriated in this Bill:
37 None
38 Other Special Clauses:
39 This bill provides a special effective date.
40 This bill provides revisor instructions.
41 Utah Code Sections Affected:
42 AMENDS:
43 53A-1-301, as last amended by Laws of Utah 2016, Chapter 348
44 53A-1-402.6, as last amended by Laws of Utah 2015, Chapter 415
45 53A-1-413, as last amended by Laws of Utah 2016, Chapter 144
46 53A-1-601, as last amended by Laws of Utah 2000, Chapter 219
47 53A-1-602, as last amended by Laws of Utah 2015, Chapters 222 and 415
48 53A-1-603.5, as enacted by Laws of Utah 2006, Chapter 147
49 53A-1-605, as last amended by Laws of Utah 2015, Chapter 222
50 53A-1-607, as last amended by Laws of Utah 2009, Chapter 299
51 53A-1-608, as enacted by Laws of Utah 1990, Chapter 267
52 53A-1-610, as enacted by Laws of Utah 1990, Chapter 267
53 53A-1-611, as last amended by Laws of Utah 2016, Chapter 203
54 53A-1-613, as enacted by Laws of Utah 2013, Chapter 161
55 53A-1-708, as last amended by Laws of Utah 2016, Chapters 144 and 221
56 53A-1-1202, as last amended by Laws of Utah 2016, Chapter 241
57 53A-1-1203, as last amended by Laws of Utah 2016, Chapter 241
58 53A-1-1206, as last amended by Laws of Utah 2016, Chapter 241
59 53A-1-1207, as last amended by Laws of Utah 2016, Chapter 241
60 53A-1-1208, as last amended by Laws of Utah 2016, Chapter 241
61 53A-1-1209, as last amended by Laws of Utah 2016, Chapter 331
62 53A-1a-106, as last amended by Laws of Utah 2012, Chapter 315
63 53A-1a-504, as last amended by Laws of Utah 2016, Chapter 213
64 53A-1a-510, as last amended by Laws of Utah 2015, Chapter 449
65 53A-15-1403, as last amended by Laws of Utah 2015, Chapter 444
66 53A-17a-166, as enacted by Laws of Utah 2011, Chapter 359
67 53A-25b-304, as last amended by Laws of Utah 2012, Chapter 291
68 ENACTS:
69 53A-1-611.5, Utah Code Annotated 1953
70 53A-1-1113.5, Utah Code Annotated 1953
71 53A-15-1303, Utah Code Annotated 1953
72 REPEALS AND REENACTS:
73 53A-1-603, as last amended by Laws of Utah 2016, Chapters 203 and 221
74 53A-1-604, as last amended by Laws of Utah 2013, Chapter 161
75 53A-1-1101, as enacted by Laws of Utah 2011, Chapter 417
76 53A-1-1102, as last amended by Laws of Utah 2015, Chapter 452
77 53A-1-1103, as last amended by Laws of Utah 2015, Chapter 415
78 53A-1-1104, as last amended by Laws of Utah 2015, Chapters 258 and 452
79 53A-1-1105, as last amended by Laws of Utah 2013, Chapter 478 and last amended by
80 Coordination Clause, Laws of Utah 2013, Chapter 478
81 53A-1-1106, as last amended by Laws of Utah 2013, Chapter 478
82 53A-1-1107, as last amended by Laws of Utah 2014, Chapter 403
83 53A-1-1108, as last amended by Laws of Utah 2014, Chapter 403
84 53A-1-1109, as enacted by Laws of Utah 2011, Chapter 417
85 53A-1-1110, as last amended by Laws of Utah 2016, Chapter 349
86 53A-1-1111, as enacted by Laws of Utah 2011, Chapter 417
87 53A-1-1112, as last amended by Laws of Utah 2013, Chapter 478
88 REPEALS:
89 53A-1-1104.5, as enacted by Laws of Utah 2014, Chapter 403
90 53A-1-1107.5, as last amended by Laws of Utah 2015, Chapter 452
91 53A-1-1113, as enacted by Laws of Utah 2011, Chapter 417
92 53A-3-601, as last amended by Laws of Utah 2000, Chapter 219
93 53A-3-602.5, as last amended by Laws of Utah 2015, Chapter 415
94 53A-3-603, as last amended by Laws of Utah 2016, Chapter 144
95 Utah Code Sections Affected by Revisor Instructions:
96 53A-1-413, as last amended by Laws of Utah 2016, Chapter 144
97
98 Be it enacted by the Legislature of the state of Utah:
99 Section 1. Section 53A-1-301 is amended to read:
100 53A-1-301. Appointment -- Qualifications -- Duties.
101 (1) (a) The State Board of Education shall appoint a superintendent of public
102 instruction, hereinafter called the state superintendent, who is the executive officer of the
103 [
104 Education.
105 (b) The [
106 basis of outstanding professional qualifications.
107 (c) The state superintendent shall administer all programs assigned to the State Board
108 of Education in accordance with the policies and the standards established by the [
109 Board of Education.
110 (2) The State Board of Education shall, with the [
111 develop a statewide education strategy focusing on core academics, including the development
112 of:
113 (a) core standards for Utah public schools and graduation requirements;
114 (b) a process to select model instructional materials that best correlate [
115 core standards for Utah public schools and graduation requirements that are supported by
116 generally accepted scientific standards of evidence;
117 (c) professional development programs for teachers, superintendents, and principals;
118 (d) model remediation programs;
119 (e) a model method for creating individual student learning targets, and a method of
120 measuring an individual student's performance toward those targets;
121 (f) progress-based assessments for ongoing performance evaluations of school districts
122 and schools;
123 (g) incentives to achieve the desired outcome of individual student progress in core
124 academics[
125 (h) an annual report card for school and school district performance, measuring
126 learning and reporting progress-based assessments;
127 (i) a systematic method to encourage innovation in schools and school districts as [
128
129 (j) a method for identifying and sharing best demonstrated practices across school
130 districts and schools.
131 (3) The state superintendent shall perform duties assigned by the [
132 of Education, including [
133 (a) investigating all matters pertaining to the public schools;
134 (b) adopting and keeping an official seal to authenticate the state superintendent's
135 official acts;
136 (c) holding and conducting meetings, seminars, and conferences on educational topics;
137 (d) presenting to the governor and the Legislature each December a report of the public
138 school system for the preceding year [
139 (i) data on the general condition of the schools with recommendations considered
140 desirable for specific programs;
141 (ii) a complete statement of fund balances;
142 (iii) a complete statement of revenues by fund and source;
143 (iv) a complete statement of adjusted expenditures by fund, the status of bonded
144 indebtedness, the cost of new school plants, and school levies;
145 (v) a complete statement of state funds allocated to each school district and charter
146 school by source, including supplemental appropriations, and a complete statement of
147 expenditures by each school district and charter school, including supplemental appropriations,
148 by function and object as outlined in the United States Department of Education publication
149 "Financial Accounting for Local and State School Systems";
150 (vi) a complete statement, by school district and charter school, of the amount of and
151 percentage increase or decrease in expenditures from the previous year attributed to:
152 (A) wage increases, with expenditure data for base salary adjustments identified
153 separately from step and lane expenditures;
154 (B) medical and dental premium cost adjustments; and
155 (C) adjustments in the number of teachers and other staff;
156 (vii) a statement that includes data on:
157 (A) fall enrollments;
158 (B) average membership;
159 (C) high school graduates;
160 (D) licensed and classified employees, including data reported by school districts on
161 educator ratings pursuant to Section 53A-8a-410;
162 (E) pupil-teacher ratios;
163 (F) average class sizes [
164
165 (G) average salaries;
166 (H) applicable private school data; and
167 (I) data from [
168 assessments described in Section 53A-1-602 for each school and school district;
169 (viii) statistical information regarding incidents of delinquent activity in the schools or
170 at school-related activities with separate categories for:
171 (A) alcohol and drug abuse;
172 (B) weapon possession;
173 (C) assaults; and
174 (D) arson;
175 (ix) information about:
176 (A) the development and implementation of the strategy of focusing on core
177 academics;
178 (B) the development and implementation of competency-based education and
179 progress-based assessments; and
180 (C) the results being achieved under Subsections (3)(d)(ix)(A) and (B), as measured by
181 individual progress-based assessments and a comparison of Utah students' progress with the
182 progress of students in other states using standardized norm-referenced tests as benchmarks;
183 and
184 (x) other statistical and financial information about the school system [
185 state superintendent considers pertinent;
186 (e) collecting and organizing education data into an automated decision support system
187 to facilitate school district and school improvement planning, accountability reporting,
188 performance recognition, and the evaluation of educational policy and program effectiveness to
189 include:
190 (i) data that are:
191 (A) comparable across schools and school districts;
192 (B) appropriate for use in longitudinal studies; and
193 (C) comprehensive with regard to the data elements required under applicable state or
194 federal law or [
195 (ii) features that enable users, most particularly school administrators, teachers, and
196 parents, to:
197 (A) retrieve school and school district level data electronically;
198 (B) interpret the data visually; and
199 (C) draw conclusions that are statistically valid; and
200 (iii) procedures for the collection and management of education data that:
201 (A) require the state superintendent [
202 (I) collaborate with school districts in designing and implementing uniform data
203 standards and definitions;
204 (II) undertake or sponsor research to implement improved methods for analyzing
205 education data;
206 (III) provide for data security to prevent unauthorized access to or contamination of the
207 data; and
208 (IV) protect the confidentiality of data under state and federal privacy laws; and
209 (B) require all school districts and schools to comply with the data collection and
210 management procedures established under Subsection (3)(e);
211 (f) administering and implementing federal educational programs in accordance with
212 Title 53A, Chapter 1, Part 9, Implementing Federal or National Education Programs Act; and
213 (g) with the approval of the [
214 submitting to the governor a budget for the [
215 the budget that the governor submits to the Legislature.
216 (4) The state superintendent shall distribute funds deposited in the Autism Awareness
217 Restricted Account created in Section 53A-1-304 in accordance with the requirements of
218 Section 53A-1-304.
219 (5) Upon leaving office, the state superintendent shall deliver to the state
220 superintendent's successor all books, records, documents, maps, reports, papers, and other
221 articles pertaining to the state superintendent's office.
222 (6) (a) For the [
223 (i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
224 students enrolled in a school by the number of full-time equivalent teachers assigned to the
225 school, including regular classroom teachers, school-based specialists, and special education
226 teachers;
227 (ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
228 the schools within a school district;
229 (iii) the pupil-teacher ratio for charter schools aggregated shall be the median
230 pupil-teacher ratio of charter schools in the state; and
231 (iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
232 pupil-teacher ratio of public schools in the state.
233 (b) The printed copy of the report required by Subsection (3)(d) shall:
234 (i) include the pupil-teacher ratio for:
235 (A) each school district;
236 (B) the charter schools aggregated; and
237 (C) the state's public schools aggregated; and
238 (ii) [
239 in the state may be accessed.
240 Section 2. Section 53A-1-402.6 is amended to read:
241 53A-1-402.6. Core standards for Utah public schools.
242 (1) (a) In establishing minimum standards related to curriculum and instruction
243 requirements under Section 53A-1-402, the State Board of Education shall, in consultation
244 with local school boards, school superintendents, teachers, employers, and parents implement
245 core standards for Utah public schools that will enable students to, among other objectives:
246 (i) communicate effectively, both verbally and through written communication;
247 (ii) apply mathematics; and
248 (iii) access, analyze, and apply information.
249 (b) Except as provided in this title, the State Board of Education may recommend but
250 may not require a local school board or charter school governing board to use:
251 (i) a particular curriculum or instructional material; or
252 (ii) a model curriculum or instructional material.
253 (2) The [
254 Utah public schools:
255 (a) identify the basic knowledge, skills, and competencies each student is expected to
256 acquire or master as the student advances through the public education system; and
257 (b) align with each other the core standards for Utah public schools and [
258
259
260 (3) The basic knowledge, skills, and competencies identified pursuant to Subsection
261 (2)(a) shall increase in depth and complexity from year to year and focus on consistent and
262 continual progress within and between grade levels and courses in the basic academic areas of:
263 (a) English, including explicit phonics, spelling, grammar, reading, writing,
264 vocabulary, speech, and listening; and
265 (b) mathematics, including basic computational skills.
266 (4) Before adopting core standards for Utah public schools, the State Board of
267 Education shall:
268 (a) publicize draft core standards for Utah public schools on the State Board of
269 Education's website and the Utah Public Notice website created under Section 63F-1-701;
270 (b) invite public comment on the draft core standards for Utah public schools for a
271 period of not less than 90 days; and
272 (c) conduct three public hearings that are held in different regions of the state on the
273 draft core standards for Utah public schools.
274 (5) Local school boards shall design their school programs, that are supported by
275 generally accepted scientific standards of evidence, to focus on the core standards for Utah
276 public schools with the expectation that each program will enhance or help achieve mastery of
277 the core standards for Utah public schools.
278 (6) Except as provided in Section 53A-13-101, each school may select instructional
279 materials and methods of teaching, that are supported by generally accepted scientific standards
280 of evidence, that [
281 public schools.
282 (7) The state may exit any agreement, contract, memorandum of understanding, or
283 consortium that cedes control of the core standards for Utah public schools to any other entity,
284 including a federal agency or consortium, for any reason, including:
285 (a) the cost of developing or implementing the core standards for Utah public schools;
286 (b) the proposed core standards for Utah public schools are inconsistent with
287 community values; or
288 (c) the agreement, contract, memorandum of understanding, or consortium:
289 (i) was entered into in violation of Part 9, Implementing Federal or National Education
290 Programs Act, or Title 63J, Chapter 5, Federal Funds Procedures Act;
291 (ii) conflicts with Utah law;
292 (iii) requires Utah student data to be included in a national or multi-state database;
293 (iv) requires records of teacher performance to be included in a national or multi-state
294 database; or
295 (v) imposes curriculum, assessment, or data tracking requirements on home school or
296 private school students.
297 (8) The State Board of Education shall annually report to the Education Interim
298 Committee on the development and implementation of the core standards for Utah public
299 schools, including the time line established for the review of the core standards for Utah public
300 schools by a standards review committee and the recommendations of a standards review
301 committee established under Section 53A-1-402.8.
302 Section 3. Section 53A-1-413 is amended to read:
303 53A-1-413. Student Achievement Backpack -- Utah Student Record Store.
304 (1) As used in this section:
305 (a) "Authorized LEA user" means a teacher or other person who is:
306 (i) employed by an LEA that provides instruction to a student; and
307 (ii) authorized to access data in a Student Achievement Backpack through the Utah
308 Student Record Store.
309 (b) "LEA" means a school district, charter school, or the Utah Schools for the Deaf and
310 the Blind.
311 (c) "Statewide assessment" means the same as that term is defined in Section
312 53A-1-602.
313 [
314 through grade 12, a complete learner profile that:
315 (i) is in electronic format;
316 (ii) follows the student from grade to grade and school to school; and
317 (iii) is accessible by the student's parent or guardian or an authorized LEA user.
318 [
319
320 (e) "Utah Student Record Store" means a repository of student data collected from
321 LEAs as part of the state's longitudinal data system that is:
322 (i) managed by the State Board of Education;
323 (ii) cloud-based; and
324 (iii) accessible via a web browser to authorized LEA users.
325 (2) (a) The State Board of Education shall use the State Board of Education's robust,
326 comprehensive data collection system, which collects longitudinal student transcript data from
327 LEAs and the unique student identifiers as described in Section 53A-1-603.5, to allow the
328 following to access a student's Student Achievement Backpack:
329 (i) the student's parent or guardian; and
330 (ii) each LEA that provides instruction to the student.
331 (b) The State Board of Education shall ensure that a Student Achievement Backpack:
332 (i) provides a uniform, transparent reporting mechanism for individual student
333 progress;
334 (ii) provides a complete learner history for postsecondary planning;
335 (iii) provides a teacher with visibility into a student's complete learner profile to better
336 inform instruction and personalize education;
337 (iv) assists a teacher or administrator in diagnosing a student's learning needs through
338 the use of data already collected by the State Board of Education;
339 (v) facilitates a student's parent or guardian taking an active role in the student's
340 education by simplifying access to the student's complete learner profile; and
341 (vi) serves as additional disaster mitigation for LEAs by using a cloud-based data
342 storage and collection system.
343 (3) Using existing information collected and stored in the State Board of Education's
344 data warehouse, the State Board of Education shall create the Utah Student Record Store where
345 an authorized LEA user may:
346 (a) access data in a Student Achievement Backpack relevant to the user's LEA or
347 school; or
348 (b) request student records to be transferred from one LEA to another.
349 (4) The State Board of Education shall implement security measures to ensure that:
350 (a) student data stored or transmitted to or from the Utah Student Record Store is
351 secure and confidential pursuant to the requirements of the Family Educational Rights and
352 Privacy Act, 20 U.S.C. Sec. 1232g; and
353 (b) an authorized LEA user may only access student data that is relevant to the user's
354 LEA or school.
355 (5) A student's parent or guardian may request the student's Student Achievement
356 Backpack from the LEA or the school in which the student is enrolled.
357 (6) [
358 access student data in a Student Achievement Backpack, which shall include the following
359 data, or request that the data be transferred from one LEA to another:
360 (a) student demographics;
361 (b) course grades;
362 (c) course history; and
363 (d) results [
364 (7) [
365 access student data in a Student Achievement Backpack, which shall include the data listed in
366 Subsections (6)(a) through (d) and the following data, or request that the data be transferred
367 from one LEA to another:
368 (a) section attendance;
369 (b) the name of a student's teacher for classes or courses the student takes;
370 (c) teacher qualifications for a student's teacher, including years of experience, degree,
371 license, and endorsement;
372 (d) results of [
373
374 [
375
376
377 [
378 administered pursuant to Section [
379 [
380 applicable;
381 [
382 [
383 53A-1-606.6; and
384 [
385 (8) No later than June 30, 2017, the State Board of Education shall ensure that data
386 collected in the Utah Student Record Store for a Student Achievement Backpack [
387 integrated into each LEA's student information system and [
388 student's parent or guardian and an authorized LEA user in an easily accessible viewing format.
389 Section 4. Section 53A-1-601 is amended to read:
390 53A-1-601. Legislative intent.
391 (1) [
392 determine the effectiveness of school districts and schools in assisting students to master the
393 fundamental educational skills [
394 (2) [
395
396 Legislature, the [
397 teachers with:
398 (a) evaluative information regarding the various levels of proficiency achieved by
399 students, so that they may have an additional tool to plan, measure, and evaluate the
400 effectiveness of programs in the public schools[
401 (b) [
402 need for additional resources or to reallocate educational resources in a manner to [
403 ensure educational opportunities for all students and to improve existing programs.
404 Section 5. Section 53A-1-602 is amended to read:
405 53A-1-602. Definitions.
406 As used in this part:
407 [
408
409
410
411 (1) "Board" means the State Board of Education.
412 (2) "Core standards for Utah public schools" means the standards [
413
414
415
416 (3) "Individualized education program" or "IEP" means a written statement for a
417 student with a disability that is developed, reviewed, and revised in accordance with the
418 Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
419 [
420 [
421
422
423 [
424 (4) "Statewide assessment" means one or more of the following, as applicable:
425 (a) a standards assessment described in Section 53A-1-604;
426 (b) a high school assessment described in Section 53A-1-611.5;
427 (c) a college readiness [
428 53A-1-611; [
429 (d) [
430 described in Section 53A-1-606.6.
431 Section 6. Section 53A-1-603 is repealed and reenacted to read:
432 53A-1-603. Statewide assessments -- Duties of State Board of Education.
433 (1) The board shall:
434 (a) require the state superintendent of public instruction to:
435 (i) submit and recommend statewide assessments to the board for adoption by the
436 board; and
437 (ii) distribute the statewide assessments adopted by the board to a school district or
438 charter school;
439 (b) provide for the state to participate in the National Assessment of Educational
440 Progress state-by-state comparison testing program; and
441 (c) require a school district or charter school to administer statewide assessments.
442 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
443 board shall make rules for the administration of statewide assessments.
444 (3) The board shall ensure that statewide assessments are administered in compliance
445 with the requirements of Part 14, Student Data Protection Act, and Chapter 13, Part 3, Utah
446 Family Educational Rights and Privacy Act.
447 Section 7. Section 53A-1-603.5 is amended to read:
448 53A-1-603.5. Unique student identifier -- Coordination of higher education and
449 public education information technology systems.
450 (1) As used in this section, "unique student identifier" means an alphanumeric code
451 assigned to each public education student for identification purposes, which:
452 (a) is not assigned to any former or current student; and
453 (b) does not incorporate personal information, including a birth date or Social Security
454 number.
455 (2) The [
456 instruction, shall assign each public education student a unique student identifier, which shall
457 be used to track individual student performance on achievement tests administered under this
458 part.
459 (3) The [
460 coordinate public education and higher education information technology systems to allow
461 individual student academic achievement to be tracked through both education systems in
462 accordance with this section and Section 53B-1-109.
463 (4) The [
464 coordinate access to the unique student identifier of a public education student who later
465 attends an institution within the state system of higher education.
466 Section 8. Section 53A-1-604 is repealed and reenacted to read:
467 53A-1-604. Utah standards assessments -- Administration -- Review committee.
468 (1) As used in this section, "computer adaptive assessment" means an assessment that
469 measures the range of a student's ability by adapting to the student's responses, selecting more
470 difficult or less difficult questions based on the student's responses.
471 (2) The board shall:
472 (a) adopt a standards assessment that:
473 (i) measures a student's proficiency in:
474 (A) mathematics for students in each of grades 3 through 8;
475 (B) English language arts for students in each of grades 3 through 8;
476 (C) science for students in each of grades 4 through 8; and
477 (D) writing for students in at least grades 5 and 8; and
478 (ii) except for the writing measurement described in Subsection (2)(a)(i)(D), is a
479 computer adaptive assessment; and
480 (b) ensure that an assessment described in Subsection (2)(a) is:
481 (i) a criterion referenced assessment;
482 (ii) administered online;
483 (iii) aligned with the core standards for Utah public schools; and
484 (iv) adaptable to competency-based education as defined in Section 53A-15-1802.
485 (3) A school district or charter school shall annually administer the standards
486 assessment adopted by the board under Subsection (2) to all students in the subjects and grade
487 levels described in Subsection (2).
488 (4) A student's score on the standards assessment adopted under Subsection (2) may
489 not be considered in determining:
490 (a) the student's academic grade for a course; or
491 (b) whether the student may advance to the next grade level.
492 (5) (a) The board shall establish a committee consisting of 15 parents of Utah public
493 education students to review all standards assessment questions.
494 (b) The committee established in Subsection (5)(a) shall include the following parent
495 members:
496 (i) five members appointed by the chair of the board;
497 (ii) five members appointed by the speaker of the House of Representatives or the
498 speaker's designee; and
499 (iii) five members appointed by the president of the Senate or the president's designee.
500 (c) The board shall provide staff support to the parent committee.
501 (d) The term of office of each member appointed in Subsection (5)(b) is four years.
502 (e) The chair of the board, the speaker of the House of Representatives, and the
503 president of the Senate shall adjust the length of terms to stagger the terms of committee
504 members so that approximately half of the committee members are appointed every two years.
505 (f) No member may receive compensation or benefits for the member's service on the
506 committee.
507 Section 9. Section 53A-1-605 is amended to read:
508 53A-1-605. Analysis of results -- Staff professional development.
509 (1) The [
510 instruction, shall develop [
511
512 assessments.
513 (2) The [
514 (a) assist school districts and individual schools to use the results of the analysis in
515 planning, evaluating, and enhancing programs; [
516 (b) identify schools not achieving state-established acceptable levels of student
517 performance in order to assist those schools in [
518 levels[
519 (c) provide:
520 (i) for statistical reporting of [
521 statewide assessment results at state, school district, school, and grade or course levels[
522 [
523 (ii) actual levels of performance on [
524 [
525 provide for:
526 (a) evaluation of the [
527 evaluations in setting goals and establishing programs; and
528 (b) a professional development program that provides teachers, principals, and other
529 professional staff with the training required to successfully establish and maintain [
530 statewide assessments.
531 Section 10. Section 53A-1-607 is amended to read:
532 53A-1-607. Scoring -- Reports of results.
533 (1) [
534 local school board [
535
536 state superintendent of public instruction for scoring unless the [
537 scoring by a national testing service.
538 (2) The district, school, and class results of the [
539 assessments, but not the score or relative position of individual students, shall be reported to
540 each local school board or charter school governing board annually at a regularly scheduled
541 meeting.
542 (3) [
543 (a) shall make copies of the report available to the general public upon request[
544
545 (b) may charge a fee for [
546 [
547 (4) (a) The board shall annually provide to school districts and charter schools a
548 comprehensive report for each of [
549 showing the student's [
550 took a [
551 (b) A school district or charter school shall give a copy of the comprehensive report to
552 the student's parents and make the report available to school staff, as appropriate.
553 Section 11. Section 53A-1-608 is amended to read:
554 53A-1-608. Preparation for tests.
555 (1) School district employees may not [
556 preparation of students [
557 specific test questions.
558 (2) School district employees who administer the test shall follow the standardization
559 procedures in the [
560 specific instructions developed by the [
561 (3) The [
562 who violates this section.
563 Section 12. Section 53A-1-610 is amended to read:
564 53A-1-610. Grade level specification change.
565 (1) [
566 grade level specification for the administration of specific [
567 [
568 to a different grade level specification or a competency-based specification if the specification
569 is more consistent with patterns of school organization.
570 (2) [
571 (1), the board shall submit a report to the Legislature explaining the reasons for [
572 changing the grade level specification.
573 (b) The board shall submit the report at least six months [
574 anticipated change.
575 Section 13. Section 53A-1-611 is amended to read:
576 53A-1-611. College readiness assessments.
577 (1) The Legislature recognizes the need for the [
578 develop and implement standards and assessment processes to ensure that student progress is
579 measured and that school boards and school personnel are accountable.
580 [
581
582 [
583 [
584
585 [
586 [
587
588 (2) The board shall adopt a college readiness assessment for secondary students that:
589 (a) [
590 universities; and
591 (b) may include:
592 (i) the Armed Services Vocational Aptitude Battery; [
593 (ii) a battery of assessments that are predictive of success in higher education.
594 [
595
596 college readiness assessment adopted under Subsection [
597 (b) A student with an IEP may take an appropriate college readiness assessment other
598 than [
599 [
600 Section 14. Section 53A-1-611.5 is enacted to read:
601 53A-1-611.5. High school assessments.
602 (1) The board shall adopt a high school assessment that:
603 (a) is predictive of a student's college readiness as measured by the college readiness
604 assessment described in Section 53A-1-611; and
605 (b) provides a growth score for a student from grade 9 to 10.
606 (2) A school district or charter school shall annually administer the high school
607 assessment adopted by the board under Subsection (1) to all students in grades 9 and 10.
608 Section 15. Section 53A-1-613 is amended to read:
609 53A-1-613. Online test preparation program.
610 (1) The [
611 through a request for proposals process, to provide an online [
612
613
614 that is most commonly submitted to local universities.
615 (2) An online test preparation program described in Subsection (1):
616 (a) (i) shall allow a student to independently access online materials and learn at the
617 student's own pace; and
618 (ii) may be used to provide classroom and teacher-assisted instruction;
619 (b) shall provide online study materials, diagnostic exams, drills, and practice tests in
620 an approach that is engaging to high school students;
621 (c) shall enable electronic reporting of student progress to administrators, teachers,
622 parents, and other facilitators;
623 (d) shall record a student's progress in an online dashboard that provides diagnostic
624 assessment of the content areas tested and identifies mastery of corresponding skill sets; and
625 (e) shall provide training and professional development to personnel in school districts
626 and charter schools on how to utilize the online test preparation program and provide
627 teacher-assisted instruction to students.
628 [
629
630
631 [
632 [
633
634 (3) The board, school districts, and charter schools shall make the online test
635 preparation program available to a student:
636 (a) beginning in the 2013-14 school year; and
637 (b) for at least one full year[
638
639
640 Section 16. Section 53A-1-708 is amended to read:
641 53A-1-708. Grants for online delivery of statewide assessments.
642 (1) As used in this section:
643 (a) "Adaptive tests" means tests administered during the school year using an online
644 adaptive test system.
645 (b) "Core standards for Utah public schools" means the standards [
646
647
648
649 53A-1-402.6.
650 (c) "Statewide assessment" means the same as that term is defined in Section
651 53A-1-602.
652 [
653 overall achievement of course goals.
654 [
655 delivery of summative tests required [
656 (i) is coordinated by the State Board of Education;
657 (ii) ensures the reliability and security of [
658 (iii) is selected through collaboration between the State Board of Education and school
659 district representatives with expertise in technology, assessment, and administration.
660 [
661 (2) The State Board of Education may award grants to school districts and charter
662 schools to implement [
663 (a) a uniform online summative test system to enable [
664 staff and parents of students to review [
665 the school year; or
666 (b) an online adaptive test system to enable parents of students and school staff to
667 measure and monitor a student's academic progress during a school year.
668 (3) (a) Grant money may be used to pay for any of the following, provided it is directly
669 related to implementing a uniform online summative test system, an online adaptive test
670 system, or both:
671 (i) computer equipment and peripherals, including electronic data capture devices
672 designed for electronic test administration and scoring;
673 (ii) software;
674 (iii) networking equipment;
675 (iv) upgrades of existing equipment or software;
676 (v) upgrades of existing physical plant facilities;
677 (vi) personnel to provide technical support or coordination and management; and
678 (vii) teacher professional development.
679 (b) Equipment purchased in compliance with Subsection (3)(a), when not in use for the
680 online delivery of summative tests or adaptive tests required [
681 assessments, may be used for other purposes.
682 (4) [
683 Act, the State Board of Education shall make rules:
684 (a) establishing procedures for applying for and awarding grants;
685 (b) specifying how grant money [
686 charter schools;
687 (c) requiring reporting of grant money expenditures and evidence showing that the
688 grant money has been used to implement a uniform online summative test system, an online
689 adaptive test system, or both;
690 (d) establishing technology standards for an online adaptive testing system;
691 (e) requiring a school district or charter school that receives a grant under this section
692 to implement, in compliance with [
693 Chapter 13, Part 3, Utah Family Educational Rights and Privacy Act, an online adaptive test
694 system by the 2014-15 school year that:
695 (i) meets the technology standards established under Subsection (4)(d); and
696 (ii) is aligned with the core standards for Utah public schools;
697 (f) requiring a school district or charter school to provide matching funds to implement
698 a uniform online summative test system, an online adaptive test system, or both in an amount
699 that is greater than or equal to the amount of a grant received under this section; and
700 (g) ensuring that student identifiable data is not released to any person, except as
701 provided by [
702 of the State Board of Education adopted under that section.
703 (5) If a school district or charter school uses grant money for purposes other than those
704 stated in Subsection (3), the school district or charter school is liable for reimbursing the State
705 Board of Education in the amount of the grant money improperly used.
706 (6) A school district or charter school may not use federal funds to provide the
707 matching funds required to receive a grant under this section.
708 (7) A school district may not impose a tax rate above the certified tax rate for the
709 purpose of generating revenue to provide matching funds for a grant under this section.
710 Section 17. Section 53A-1-1101 is repealed and reenacted to read:
711
712 53A-1-1101. Title.
713 This part is known as "School Accountability System."
714 Section 18. Section 53A-1-1102 is repealed and reenacted to read:
715 53A-1-1102. Definitions.
716 As used in this part:
717 (1) "Board" means the State Board of Education.
718 (2) "Individualized education program" means a written statement for a student with a
719 disability that is developed, reviewed, and revised in accordance with the Individuals with
720 Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
721 (3) "Lowest performing 25% of students" means the proportion of a school's students
722 who scored in the lowest 25% of students in the school on a statewide assessment based on the
723 prior school year's scores.
724 (4) "Statewide assessment" means one or more of the following, as applicable:
725 (a) a standards assessment described in Section 53A-1-604;
726 (b) a high school assessment described in Section 53A-1-611.5;
727 (c) a college readiness assessment described in Section 53A-1-611; or
728 (d) an alternate assessment administered to a student with a disability.
729 Section 19. Section 53A-1-1103 is repealed and reenacted to read:
730 53A-1-1103. Statewide school accountability system -- State Board of Education
731 rulemaking.
732 (1) There is established a statewide school accountability system.
733 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
734 board shall make rules to implement the school accountability system in accordance with this
735 part.
736 Section 20. Section 53A-1-1104 is repealed and reenacted to read:
737 53A-1-1104. Schools included in school accountability system -- Other indicators
738 and point distribution for a school that serves a special student population.
739 (1) Except as provided in Subsection (2), the board shall include all public schools in
740 the state in the school accountability system established under this part.
741 (2) The board shall exempt from the school accountability system:
742 (a) a school in which the number of students tested on a statewide assessment is lower
743 than the minimum sample size necessary, based on acceptable professional practice for
744 statistical reliability, or when release of the information would violate 20 U.S.C. Sec. 1232h,
745 the prevention of the unlawful release of personally identifiable student data;
746 (b) a school in the school's first year of operations if the school's local school board or
747 charter school governing board requests the exemption; or
748 (c) a high school in the school's second year of operations if the school's local school
749 board or charter school governing board requests the exemption.
750 (3) Notwithstanding the provisions of this part, the board may use, to appropriately
751 assess the educational impact of a school that serves a special student population:
752 (a) other indicators in addition to the indicators described in Section 53A-1-1106 or
753 53A-1-1107; or
754 (b) different point distribution than the point distribution described in Section
755 53A-1-1108.
756 Section 21. Section 53A-1-1105 is repealed and reenacted to read:
757 53A-1-1105. Rating schools.
758 (1) Except as provided in Subsection (3), and in accordance with this part, the board
759 shall annually assign to each school an overall rating, as determined by the board.
760 (2) A school's overall rating described in Subsection (1) shall be based on the school's
761 performance level on the indicators described in:
762 (a) Section 53A-1-1106, for an elementary school or a middle school; or
763 (b) Section 53A-1-1107, for a high school.
764 (3) For the 2017-2018 school year, the board:
765 (a) shall evaluate a school based on the school's performance level on the indicators
766 described in Subsection (2) and in accordance with this part; and
767 (b) is not required to assign a school an overall rating described in Subsection (1).
768 Section 22. Section 53A-1-1106 is repealed and reenacted to read:
769 53A-1-1106. Indicators for elementary and middle schools.
770 For an elementary school or a middle school, the board shall assign the school's overall
771 rating, in accordance with Section 53A-1-1108, based on the school's performance on the
772 following indicators:
773 (1) academic achievement as measured by performance on a statewide assessment of
774 English language arts, mathematics, and science;
775 (2) academic growth as measured by progress from year to year on a statewide
776 assessment of English language arts, mathematics, and science; and
777 (3) equitable educational opportunity as measured by:
778 (a) academic growth of the lowest performing 25% of students as measured by
779 progress of the lowest performing 25% of students on a statewide assessment of English
780 language arts, mathematics, and science; and
781 (b) except as provided in Section 53A-1-1110, English learner progress as measured by
782 performance on an English learner assessment established by the board.
783 Section 23. Section 53A-1-1107 is repealed and reenacted to read:
784 53A-1-1107. Indicators for high schools.
785 For a high school, in accordance with Section 53A-1-1108, the board shall assign the
786 school's overall rating based on the school's performance on the following indicators:
787 (1) academic achievement as measured by performance on a statewide assessment of
788 English language arts, mathematics, and science;
789 (2) academic growth as measured by progress from year to year on a statewide
790 assessment of English language arts, mathematics, and science;
791 (3) equitable educational opportunity as measured by:
792 (a) academic growth of the lowest performing 25% of students as measured by
793 progress of the lowest performing 25% of students on a statewide assessment of English
794 language arts, mathematics, and science; and
795 (b) except as provided in Section 53A-1-1110, English learner progress as measured by
796 performance on an English learner assessment established by the board; and
797 (4) postsecondary readiness as measured by:
798 (a) the school's graduation rate, as described in Section 53A-1-1108;
799 (b) student performance, as described in Section 53A-1-1108, on a college readiness
800 assessment described in Section 53A-1-611; and
801 (c) student achievement in advanced course work, as described in Section 53A-1-1108.
802 Section 24. Section 53A-1-1108 is repealed and reenacted to read:
803 53A-1-1108. Calculation of points.
804 (1) (a) The board shall award to a school points for academic achievement described in
805 Subsection 53A-1-1106(1) or 53A-1-1107(1) as follows:
806 (i) the board shall award a school points proportional to the percentage of the school's
807 students who, out of all the school's students who take a statewide assessment of English
808 language arts, score at or above the proficient level on the assessment;
809 (ii) the board shall award a school points proportional to the percentage of the school's
810 students who, out of all the school's students who take a statewide assessment of mathematics,
811 score at or above the proficient level on the assessment; and
812 (iii) the board shall award a school points proportional to the percentage of the school's
813 students who, out of all the school's students who take a statewide assessment of science, score
814 at or above the proficient level on the assessment.
815 (b) (i) The maximum number of total points possible for academic achievement
816 described in Subsection (1)(a) is 56 points.
817 (ii) The maximum number of points possible for a component listed in Subsection
818 (1)(a)(i), (ii), or (iii) is one-third of the number of points described in Subsection (1)(b)(i).
819 (2) (a) Subject to Subsection (2)(b), the board shall award to a school points for
820 academic growth described in Subsection 53A-1-1106(2) or 53A-1-1107(2) as follows:
821 (i) the board shall award a school points for growth of the school's students on a
822 statewide assessment of English language arts;
823 (ii) the board shall award a school points for growth of the school's students on a
824 statewide assessment of mathematics; and
825 (iii) the board shall award a school points for growth of the school's students on a
826 statewide assessment of science.
827 (b) The board shall determine points for growth awarded under Subsection (2)(a) by
828 indexing the points based on:
829 (i) whether a student's performance on a statewide assessment is equal to or exceeds
830 the student's academic growth target; and
831 (ii) the amount of a student's growth on a statewide assessment compared to other
832 students with similar prior assessment scores.
833 (c) (i) The maximum number of total points possible for academic growth described in
834 Subsection (2)(a) is 56 points.
835 (ii) The maximum number of points possible for a component listed in Subsection
836 (2)(a)(i), (ii), or (iii) is one-third of the number of points described in Subsection (2)(c)(i).
837 (3) (a) Subject to Subsection (3)(b), the board shall award to a school points for
838 equitable educational opportunity described in Subsection 53A-1-1106(3) or 53A-1-1107(3) as
839 follows:
840 (i) the board shall award a school points for growth of the school's lowest performing
841 25% of students on a statewide assessment of English language arts;
842 (ii) the board shall award a school points for growth of the school's lowest performing
843 25% of students on a statewide assessment of mathematics;
844 (iii) the board shall award a school points for growth of the school's lowest performing
845 25% of students on a statewide assessment of science; and
846 (iv) except as provided in Section 53A-1-1110, the board shall award to a school points
847 proportional to the percentage of English learners who achieve adequate progress as
848 determined by the board on an English learner assessment established by the board.
849 (b) The board shall determine points for academic growth awarded under Subsection
850 (3)(a)(i), (ii), or (iii) by indexing the points based on the amount of a student's growth on a
851 statewide assessment compared to other students with similar prior assessment scores.
852 (c) (i) The maximum number of total points possible for equitable educational
853 opportunity described in Subsection (3)(a) is 38 points.
854 (ii) The maximum number of points possible for the components listed in Subsection
855 (3)(a)(i), (ii), and (iii), combined, is 25 points.
856 (iii) The maximum number of points possible for a component listed in Subsection
857 (3)(a)(i), (ii), or (iii) is one-third of the number of the combined points described in Subsection
858 (3)(c)(ii).
859 (iv) The maximum number of points possible for the component listed in Subsection
860 (3)(a)(iv) is 13 points.
861 (4) (a) The board shall award to a high school points for postsecondary readiness
862 described in Subsection 53A-1-1107(4) as follows:
863 (i) the board shall award to a high school points proportional to the percentage of the
864 school's students who, out of all the school's students who take a college readiness assessment
865 described in Section 53A-1-611, receive at least the minimum score required for acceptance
866 into the majority of local universities;
867 (ii) the board shall award to a high school points proportional to the percentage of the
868 school's students who achieve at least one of the following:
869 (A) a C grade or better in an Advanced Placement course;
870 (B) a C grade or better in a concurrent enrollment course;
871 (C) a C grade or better in an International Baccalaureate course; or
872 (D) completion of a career and technical education pathway, as defined by the board;
873 and
874 (iii) in accordance with Subsection (4)(c), the board shall award to a high school points
875 proportional to the percentage of the school's students who graduate from the school.
876 (b) (i) The maximum number of total points possible for postsecondary readiness
877 described in Subsection (4)(a) is 75 points.
878 (ii) The maximum number of points possible for a component listed in Subsection
879 (4)(a)(i), (ii), or (iii) is one-third of the number of points described in Subsection (4)(b)(i).
880 (c) (i) In calculating the percentage of students who graduate described in Subsection
881 (4)(a)(iii), except as provided in Subsection (4)(c)(ii), the board shall award to a high school
882 points proportional to the percentage of the school's students who graduate from the school
883 within four years.
884 (ii) The board may award up to 10% of the points allocated for high school graduation
885 described in Subsection (4)(b)(ii) to a school for students who graduate from the school within
886 five years.
887 Section 25. Section 53A-1-1109 is repealed and reenacted to read:
888 53A-1-1109. Calculation of total points awarded -- Maximum number of total
889 points possible.
890 (1) Except as provided in Section 53A-1-1110, the board shall calculate the number of
891 total points awarded to a school by totaling the number of points the board awards to the school
892 in accordance with Section 53A-1-1108.
893 (2) The maximum number of total points possible under Subsection (1) is:
894 (a) for an elementary school or a middle school, 150 points; or
895 (b) for a high school, 225 points.
896 Section 26. Section 53A-1-1110 is repealed and reenacted to read:
897 53A-1-1110. Exclusion of English learner progress -- Calculation of total points
898 awarded for a school with fewer than 10 English learners.
899 (1) For a school that has fewer than 10 English learners, the board shall:
900 (a) exclude the use of English learner progress in determining the school's overall
901 rating by:
902 (i) awarding no points to the school for English learner progress described in
903 Subsection 53A-1-1108(3)(a)(iv); and
904 (ii) excluding the points described in Subsection 53A-1-1108(3)(c)(iv) from the
905 school's maximum points possible; and
906 (b) calculate the number of total points awarded to the school by totaling the number of
907 points the board awards to the school in accordance with Section 53A-1-1108 subject to the
908 exclusion described in Subsection (1)(a).
909 (2) The maximum number of total points possible under Subsection (1) is:
910 (a) for an elementary school or a middle school, 137 points; or
911 (b) for a high school, 212 points.
912 Section 27. Section 53A-1-1111 is repealed and reenacted to read:
913 53A-1-1111. State Board of Education duties -- Proficient level -- Student growth
914 -- English learner adequate progress.
915 (1) (a) For the purpose of determining whether a student scores at or above the
916 proficient level on a statewide assessment, the board shall determine, through a process that
917 evaluates student performance based on specific criteria, the minimum level that demonstrates
918 proficiency for each statewide assessment.
919 (b) If the board adjusts the minimum level that demonstrates proficiency described in
920 Subsection (1)(a), the board shall report the adjustment and the reason for the adjustment to the
921 Education Interim Committee no later than 30 days after the day on which the board makes the
922 adjustment.
923 (2) (a) For the purpose of determining whether a student's performance on a statewide
924 assessment is equal to or exceeds the student's academic growth target, the board shall
925 calculate, for each individual student, the amount of growth necessary to achieve or maintain
926 proficiency by a future school year determined by the board.
927 (b) For the purpose of determining the amount of a student's growth on a statewide
928 assessment compared to other students with similar prior assessment scores, the board shall
929 calculate growth as a percentile for a student using appropriate statistical methods.
930 (3) For the purpose of determining whether an English learner achieves adequate
931 progress on an English learner assessment established by the board, the board shall determine
932 the minimum progress that demonstrates adequate progress.
933 Section 28. Section 53A-1-1112 is repealed and reenacted to read:
934 53A-1-1112. Reporting.
935 (1) The board shall annually publish on the board's website a report card that includes
936 for each school:
937 (a) the school's overall rating described in Subsection 53A-1-1105(1);
938 (b) the school's performance on each indicator described in:
939 (i) Section 53A-1-1106, for an elementary school or a middle school; or
940 (ii) Section 53A-1-1107, for a high school;
941 (c) information comparing the school's performance on each indicator described in
942 Subsection (1)(b) with:
943 (i) the average school performance; and
944 (ii) the school's performance in all previous years for which data is available;
945 (d) the percentage of students who participated in statewide assessments, disaggregated
946 according to student proficiency;
947 (e) for an elementary school, the percentage of students who read on grade level in
948 grades 1 through 3; and
949 (f) for a high school, performance on Advanced Placement exams.
950 (2) A school may include in the school's report card described in Subsection (1) up to
951 two self-reported school quality indicators that:
952 (a) are approved by the board for inclusion; and
953 (b) may include process or input indicators.
954 (3) (a) The board shall develop an individualized student achievement report that
955 includes:
956 (i) information on the student's level of proficiency as measured by a statewide
957 assessment; and
958 (ii) a comparison of the student's academic growth target and actual academic growth
959 as measured by a statewide assessment.
960 (b) The board shall, subject to the Family Educational Rights and Privacy Act, 20
961 U.S.C. Sec. 1232g, make the individualized student achievement report described in
962 Subsection (3)(a) available for a school district or charter school to access electronically.
963 (c) A school district or charter school shall distribute an individualized student
964 achievement report to the parent or guardian of the student to whom the report applies.
965 Section 29. Section 53A-1-1113.5 is enacted to read:
966 53A-1-1113.5. Overall rating based on student performance -- Establishment of
967 performance thresholds and criteria -- Report during interim.
968 (1) As used in this section, "statewide assessment" means one or more of the following,
969 as applicable:
970 (a) a standards assessment described in Section 53A-1-604;
971 (b) a high school assessment described in Section 53A-1-611.5;
972 (c) a college readiness assessment described in Section 53A-1-611; or
973 (d) an alternate assessment administered to a student with a disability.
974 (2) (a) The board shall calculate a school's grade for the 2016-2017 school year in
975 accordance with Part 11, School Grading Act.
976 (b) For the 2017-2018 school year, the board:
977 (i) shall evaluate a school based on the school's performance level on the indicators
978 described in Subsection (7); and
979 (ii) is not required to assign a school an overall rating.
980 (c) The board shall assign a school an overall rating for the 2018-2019 school year or a
981 school year thereafter in accordance with Subsection (3).
982 (3) The board shall assign a school an overall rating, as determined by the board, based
983 on the school's performance level on the indicators described in Subsection (7).
984 (4) (a) The board shall engage in a criteria setting process to establish:
985 (i) performance thresholds for the overall ratings described in Subsection (3); and
986 (ii) a system for assigning a school an overall rating based on evaluating the school's
987 performance against specific criteria.
988 (b) In establishing the performance thresholds described in Subsection (4)(a), the board
989 shall solicit and consider input from:
990 (i) legislators;
991 (ii) the governor;
992 (iii) representatives from local school boards;
993 (iv) other representatives from school districts, including superintendents;
994 (v) representatives from charter school governing boards;
995 (vi) other representatives from charter schools;
996 (vii) teachers; and
997 (viii) parents.
998 (5) On or before the Education Interim Committee's September 2017 interim meeting,
999 the board shall report to the Education Interim Committee:
1000 (a) the performance thresholds and criteria described in Subsection (4), including
1001 rationale and documentation of the procedures used to develop the performance thresholds and
1002 criteria; and
1003 (b) a sample report card for a school, including a sample display of:
1004 (i) the school's overall rating described in Subsection (3);
1005 (ii) the school's performance on each indicator described in Subsection (7);
1006 (iii) information comparing the school's performance on each indicator described in
1007 Subsection (7) with:
1008 (A) the average school performance; and
1009 (B) the school's performance in all previous years for which data is available;
1010 (iv) the percentage of students who participated in statewide assessments,
1011 disaggregated according to student proficiency;
1012 (v) for an elementary school, the percentage of students who read on grade level in
1013 grades 1 through 3;
1014 (vi) for a high school, performance on Advanced Placement exams; and
1015 (vii) up to two school-reported school quality indicators that may include process or
1016 input indicators.
1017 (6) On or before October 31, 2017, the Education Interim Committee shall make
1018 recommendations related to the board's report described in Subsection (5) to the Legislative
1019 Management Committee.
1020 (7) A school's overall rating described in Subsection (3) shall be based on the school's
1021 performance on the following indicators:
1022 (a) for a school:
1023 (i) academic achievement as measured by performance on a statewide assessment of
1024 English language arts, mathematics, and science;
1025 (ii) academic growth as measured by progress from year to year on a statewide
1026 assessment of English language arts, mathematics, and science; and
1027 (iii) equitable educational opportunity as measured by:
1028 (A) academic growth of the lowest performing 25% of students as measured by
1029 progress of the lowest performing 25% of students on a statewide assessment of English
1030 language arts, mathematics, and science; and
1031 (B) English learner progress as measured by performance on an English learner
1032 assessment established by the board; and
1033 (b) for a high school, in addition to the indicators described in Subsection (7)(a),
1034 postsecondary readiness as measured by:
1035 (i) the school's graduation rate;
1036 (ii) student performance on a college readiness assessment described in Section
1037 53A-1-611; and
1038 (iii) student achievement in advanced course work.
1039 Section 30. Section 53A-1-1202 is amended to read:
1040 53A-1-1202. Definitions.
1041 As used in this part:
1042 (1) "Board" means the State Board of Education.
1043 (2) "Charter school authorizer" means the same as that term is defined in Section
1044 53A-1a-501.3.
1045 (3) "District school" means a public school under the control of a local school board
1046 elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
1047 Boards.
1048 (4) "Educator" means the same as that term is defined in Section 53A-6-103.
1049 (5) "Final remedial year" means the second school year following the initial remedial
1050 year.
1051 (6) "Initial remedial year" means the school year a district school or charter school is
1052 designated as a low performing school under Section 53A-1-1203.
1053 (7) "Low performing school" means a district school or charter school that has been
1054 designated as a low performing school by the board [
1055
1056
1057
1058
1059 53A-1-1203.
1060 (8) "Rating" means the overall rating assigned to a school under the school
1061 accountability system.
1062 (9) "School accountability system" means the school accountability system established
1063 in Part 11, School Accountability System.
1064 [
1065
1066 [
1067
1068 [
1069
1070
1071 Section 31. Section 53A-1-1203 is amended to read:
1072 53A-1-1203. State Board of Education to designate low performing schools.
1073 [
1074 shall annually designate a school as a low performing school if the school is:
1075 [
1076 of possible points earned under the school [
1077 [
1078 be defined in rules made by the board in accordance with Title 63G, Chapter 3, Utah
1079 Administrative Rulemaking Act.
1080 (2) The board is not required to designate as a low performing school a school for
1081 which the board is not required to assign an overall rating in accordance with Section
1082 53A-1-1105.
1083 Section 32. Section 53A-1-1206 is amended to read:
1084 53A-1-1206. State Board of Education to identify independent school turnaround
1085 experts -- Review and approval of school turnaround plans -- Appeals process.
1086 (1) On or before August 30 each year, the board shall identify at least two [
1087 approved independent school turnaround experts, through a request for proposals process, that
1088 a low performing school may select from to partner with to:
1089 (a) collect and analyze data on the low performing school's student achievement,
1090 personnel, culture, curriculum, assessments, instructional practices, governance, leadership,
1091 finances, and policies;
1092 (b) recommend changes [
1093
1094 data collected under Subsection (1)(a);
1095 (c) develop and implement, in partnership with the school turnaround committee, a
1096 school turnaround plan that meets the criteria described in Subsection 53A-1-1204(3);
1097 (d) monitor the effectiveness of a school turnaround plan through reliable means of
1098 evaluation, including on-site visits, observations, surveys, analysis of student achievement data,
1099 and interviews;
1100 (e) provide ongoing implementation support and project management for a school
1101 turnaround plan;
1102 (f) provide high-quality professional development personalized for school staff that is
1103 designed to build the:
1104 (i) leadership capacity of the school principal; and
1105 (ii) instructional capacity of school staff; and
1106 (g) leverage support from community partners to coordinate an efficient delivery of
1107 supports to students both inside and outside the classroom.
1108 (2) In identifying independent school turnaround experts under Subsection (1), the
1109 board shall identify experts that:
1110 (a) have a credible track record of improving student academic achievement in public
1111 schools with various demographic characteristics, as measured by statewide assessments
1112 described in Section 53A-1-602;
1113 (b) have experience designing, implementing, and evaluating data-driven instructional
1114 systems in public schools;
1115 (c) have experience coaching public school administrators and teachers on designing
1116 data-driven school improvement plans;
1117 (d) have experience working with the various education entities that govern public
1118 schools;
1119 (e) have experience delivering high-quality professional development in instructional
1120 effectiveness to public school administrators and teachers;
1121 (f) are willing to be compensated for professional services based on performance as
1122 described in Subsection (3); and
1123 (g) are willing to partner with any low performing school in the state, regardless of
1124 location.
1125 (3) (a) When awarding a contract to an independent school turnaround expert selected
1126 by a local school board under Subsection 53A-1-1204(2) or by a charter school governing
1127 board under Subsection 53A-1-1205(4)(b), the board shall ensure that a contract between the
1128 board and the independent school turnaround expert specifies that the board will:
1129 (i) pay an independent school turnaround expert no more than 50% of the expert's
1130 professional fees at the beginning of the independent school turnaround expert's work for the
1131 low performing school; and
1132 (ii) pay the remainder of the independent school turnaround expert's professional fees
1133 upon completion of the independent school turnaround expert's work for the low performing
1134 school if:
1135 (A) the independent school turnaround expert fulfills the terms of the contract; and
1136 (B) the low performing school's [
1137 rating, as determined by the board under Subsection (3)(b).
1138 (b) The board shall determine whether a low performing school's [
1139 improved under Subsection (3)(a)(ii) by comparing the school's [
1140 school year prior to the initial remedial year to the school's [
1141 (i) for the final remedial year; or
1142 (ii) for the last school year of the extension period if, as described in Section
1143 53A-1-1207:
1144 (A) a school is granted an extension; and
1145 (B) the board extends the contract of the school's independent school turnaround
1146 expert.
1147 (c) In negotiating a contract with an independent school turnaround expert, the board
1148 shall offer:
1149 (i) differentiated amounts of funding based on student enrollment; and
1150 (ii) a higher amount of funding for schools that are in the lowest performing 1% of
1151 schools statewide according to the percentage of possible points earned under the school
1152 [
1153 (4) The board shall:
1154 (a) review a school turnaround plan submitted for approval under Subsection
1155 53A-1-1204(5)(b) or under Subsection 53A-1-1205(7)(b) within 30 days of submission;
1156 (b) approve a school turnaround plan that:
1157 (i) is timely;
1158 (ii) is well-developed; and
1159 (iii) meets the criteria described in Subsection 53A-1-1204(3); and
1160 (c) subject to legislative appropriations, provide funding to a low performing school for
1161 interventions identified in an approved school turnaround plan if the local school board or
1162 charter school governing board provides matching funds or an in-kind contribution of goods or
1163 services in an amount equal to the funding the low performing school would receive from the
1164 board.
1165 (5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1166 the board shall make rules to establish an appeals process for:
1167 (i) a low performing district school that is not granted approval from the district
1168 school's local school board under Subsection 53A-1-1204(5)(b);
1169 (ii) a low performing charter school that is not granted approval from the charter
1170 school's charter school governing board under Subsection 53A-1-1205(7)(b); and
1171 (iii) a local school board or charter school governing board that is not granted approval
1172 from the board under Subsection (4)(b).
1173 (b) The board shall ensure that rules made under Subsection (5)(a) require an appeals
1174 process described in:
1175 (i) Subsections (5)(a)(i) and (ii) to be resolved on or before April 1 of the initial
1176 remedial year; and
1177 (ii) Subsection (5)(a)(iii) to be resolved on or before May 15 of the initial remedial
1178 year.
1179 (6) (a) Subject to Subsection (6)(b), the board shall balance the need to prioritize
1180 funding appropriated by the Legislature to carry out the provisions of this part to contract with
1181 highly qualified independent school turnaround experts with the need to fund:
1182 (i) interventions to facilitate the implementation of a school turnaround plan under
1183 Subsection (4)(c);
1184 (ii) the School Recognition and Reward Program created under Section 53A-1-1208;
1185 and
1186 (iii) the School Leadership Development Program created under Section 53A-1-1209.
1187 (b) The board may use up to 4% of the funds appropriated by the Legislature to carry
1188 out the provisions of this part for administration if the amount for administration is approved
1189 by the board in an open meeting.
1190 Section 33. Section 53A-1-1207 is amended to read:
1191 53A-1-1207. Consequences for failing to improve the school rating of a low
1192 performing school.
1193 (1) As used in this section, "high performing charter school" means a charter school
1194 that:
1195 (a) satisfies all requirements of state law and board rules;
1196 (b) meets or exceeds standards for student achievement established by the charter
1197 school's charter school authorizer; and
1198 (c) has received at least [
1199 [
1200 (2) (a) A low performing school may petition the board for an extension to continue
1201 school improvement efforts for up to two years if the low performing school's [
1202 does not improve by at least one [
1203 [
1204
1205 (b) The board may only grant an extension under Subsection (2)(a) if the low
1206 performing school has increased the number of points awarded under the school [
1207 accountability system by at least:
1208 (i) 25% for [
1209 school; or
1210 (ii) 10% for a high school.
1211 (c) The board shall determine whether a low performing school has increased the
1212 number of points awarded under the school [
1213 described in Subsection (2)(b) by comparing the number of points awarded for the school year
1214 prior to the initial remedial year to the number of points awarded for the final remedial year.
1215 (d) The board may extend the contract of an independent school turnaround expert of a
1216 low performing school that is granted an extension under this Subsection (2).
1217 (e) A school that has been granted an extension under this Subsection (2) is eligible
1218 for:
1219 (i) continued funding under Subsection 53A-1-1206(4)(c); and
1220 (ii) the School Recognition and Reward Program under Section 53A-1-1208.
1221 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1222 board shall make rules establishing consequences for a low performing school that:
1223 (a) (i) does not improve the school's [
1224 as determined by comparing the school's [
1225 initial remedial year to the school's [
1226 (ii) is not granted an extension under Subsection (2); or
1227 (b) (i) is granted an extension under Subsection (2); and
1228 (ii) does not improve the school's [
1229 determined by comparing the school's [
1230 remedial year to the school's [
1231 period.
1232 (4) The board shall ensure that the rules established under Subsection (3) include a
1233 mechanism for:
1234 (a) restructuring a district school that may include:
1235 (i) contract management;
1236 (ii) conversion to a charter school; or
1237 (iii) state takeover; and
1238 (b) restructuring a charter school that may include:
1239 (i) termination of a school's charter;
1240 (ii) closure of a charter school; or
1241 (iii) transferring operation and control of the charter school to:
1242 (A) a high performing charter school; or
1243 (B) the school district in which the charter school is located.
1244 Section 34. Section 53A-1-1208 is amended to read:
1245 53A-1-1208. School Recognition and Reward Program.
1246 (1) As used in this section, "eligible school" means a low performing school that:
1247 (a) improves the school's [
1248 determined by comparing the school's [
1249 remedial year to the school's [
1250 (b) (i) has been granted an extension under Subsection 53A-1-1207(2); and
1251 (ii) improves the school's [
1252 determined by comparing the school's [
1253 remedial year to the school's [
1254 period.
1255 (2) The School Recognition and Reward Program is created to provide incentives to
1256 schools and educators to improve the school [
1257 (3) Subject to appropriations by the Legislature, upon the release of school [
1258 ratings by the board, the board shall distribute a reward equal to:
1259 (a) for an eligible school that improves the eligible school's [
1260 rating by one rating:
1261 (i) $100 per tested student; and
1262 (ii) $1,000 per educator;
1263 (b) for an eligible school that improves the eligible school's [
1264 rating by two ratings:
1265 (i) $200 per tested student; and
1266 (ii) $2,000 per educator;
1267 (c) for an eligible school that improves the eligible school's [
1268 rating by three ratings:
1269 (i) $300 per tested student; and
1270 (ii) $3,000 per educator; and
1271 (d) for an eligible school that improves the eligible school's [
1272 rating by four ratings:
1273 (i) $500 per tested student; and
1274 (ii) $5,000 per educator.
1275 (4) The principal of an eligible school that receives a reward under Subsection (3), in
1276 consultation with the educators at the eligible school, may determine how to use the money in
1277 the best interest of the school, including providing bonuses to educators.
1278 (5) If the number of qualifying eligible schools exceeds available funds, the board may
1279 reduce the amounts specified in Subsection (3).
1280 Section 35. Section 53A-1-1209 is amended to read:
1281 53A-1-1209. School Leadership Development Program.
1282 (1) As used in this section, "school leader" means a school principal or assistant
1283 principal.
1284 (2) There is created the School Leadership Development Program to increase the
1285 number of highly effective school leaders capable of:
1286 (a) initiating, achieving, and sustaining school improvement efforts; and
1287 (b) forming and sustaining community partnerships as described in Section 53A-4-303.
1288 (3) The board shall identify one or more providers, through a request for proposals
1289 process, to develop or provide leadership development training for school leaders that:
1290 (a) may provide in-depth training in proven strategies to turn around low performing
1291 schools;
1292 (b) may emphasize hands-on and job-embedded learning;
1293 (c) aligns with the state's leadership standards established by board rule;
1294 (d) reflects the needs of a school district or charter school where a school leader serves;
1295 (e) may include training on using student achievement data to drive decisions;
1296 (f) may develop skills in implementing and evaluating evidence-based instructional
1297 practices;
1298 (g) may develop skills in leading collaborative school improvement structures,
1299 including professional learning communities; and
1300 (h) includes instruction on forming and sustaining community partnerships as
1301 described in Section 53A-4-303.
1302 (4) Subject to legislative appropriations, the State Board of Education shall provide
1303 incentive pay to a school leader who:
1304 (a) completes leadership development training under this section; and
1305 (b) agrees to work, for at least five years, in a school that received [
1306
1307 year previous to the first year the school leader:
1308 (i) completes leadership development training; and
1309 (ii) begins to work, or continues to work, in a school described in this Subsection
1310 (4)(b).
1311 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1312 board shall make rules specifying:
1313 (a) eligibility criteria for a school leader to participate in the School Leadership
1314 Development Program;
1315 (b) application procedures for the School Leadership Development Program;
1316 (c) criteria for selecting school leaders from the application pool; and
1317 (d) procedures for awarding incentive pay under Subsection (4).
1318 Section 36. Section 53A-1a-106 is amended to read:
1319 53A-1a-106. School district and individual school powers -- Student
1320 education/occupation plan (SEOP) definition.
1321 (1) In order to acquire and develop the characteristics listed in Section 53A-1a-104,
1322 each school district and each public school within its respective district shall implement a
1323 comprehensive system of accountability in which students advance through public schools by
1324 demonstrating competency in [
1325 standards for Utah public schools through the use of diverse assessment instruments such as
1326 authentic [
1327 (2) (a) Each school district and public school shall:
1328 (i) develop and implement programs integrating technology into the curriculum,
1329 instruction, and student assessment;
1330 (ii) provide for teacher and parent involvement in policymaking at the school site;
1331 (iii) implement a public school choice program to give parents, students, and teachers
1332 greater flexibility in designing and choosing among programs with different focuses through
1333 schools within the same district and other districts, subject to space availability, demographics,
1334 and legal and performance criteria;
1335 (iv) establish strategic planning at both the district and school level and site-based
1336 decision making programs at the school level;
1337 (v) provide opportunities for each student to acquire and develop academic and
1338 occupational knowledge, skills, and abilities;
1339 (vi) participate in ongoing research and development projects primarily at the school
1340 level aimed at improving the quality of education within the system; and
1341 (vii) involve business and industry in the education process through the establishment
1342 of partnerships with the business community at the district and school level.
1343 (b) (i) As used in this title, "student education/occupation plan" or "SEOP" means a
1344 plan developed by a student and the student's parent or guardian, in consultation with school
1345 counselors, teachers, and administrators that:
1346 (A) is initiated at the beginning of grade 7;
1347 (B) identifies a student's skills and objectives;
1348 (C) maps out a strategy to guide a student's course selection; and
1349 (D) links a student to post-secondary options, including higher education and careers.
1350 (ii) Each local school board, in consultation with school personnel, parents, and school
1351 community councils or similar entities shall establish policies to provide for the effective
1352 implementation of a personalized student education plan (SEP) or student
1353 education/occupation plan (SEOP) for each student at the school site.
1354 (iii) The policies shall include guidelines and expectations for:
1355 (A) recognizing the student's accomplishments, strengths, and progress [
1356 toward meeting student achievement standards as defined in [
1357 Utah public schools;
1358 (B) planning, monitoring, and managing education and career development; and
1359 (C) involving students, parents, and school personnel in preparing and implementing
1360 SEPs and SEOPs.
1361 (iv) A parent may request conferences with school personnel in addition to SEP or
1362 SEOP conferences established by local school board policy.
1363 (v) Time spent during the school day to implement SEPs and SEOPs is considered part
1364 of the school term referred to in Subsection 53A-17a-103(4).
1365 (3) A school district or public school may submit proposals to modify or waive rules or
1366 policies of a supervisory authority within the public education system in order to acquire or
1367 develop the characteristics listed in Section 53A-1a-104.
1368 (4) (a) Each school district and public school shall make an annual report to its patrons
1369 on its activities under this section.
1370 (b) The reporting process shall involve participation from teachers, parents, and the
1371 community at large in determining how well the district or school is performing.
1372 Section 37. Section 53A-1a-504 is amended to read:
1373 53A-1a-504. Charter school application -- Applicants -- Contents.
1374 (1) (a) An application to establish a charter school may be submitted by:
1375 (i) an individual;
1376 (ii) a group of individuals; or
1377 (iii) a nonprofit legal entity organized under Utah law.
1378 (b) An authorized charter school may apply under this chapter for a charter from
1379 another charter school authorizer.
1380 (2) A charter school application shall include:
1381 (a) the purpose and mission of the school;
1382 (b) except for a charter school authorized by a local school board, a statement that,
1383 after entering into a charter agreement, the charter school will be organized and managed under
1384 Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act;
1385 (c) a description of the governance structure of the school, including:
1386 (i) a list of the governing board members that describes the qualifications of each
1387 member; and
1388 (ii) an assurance that the applicant shall, within 30 days of authorization, provide the
1389 authorizer with the results of a background check for each member;
1390 (d) a description of the target population of the school that includes:
1391 (i) the projected maximum number of students the school proposes to enroll;
1392 (ii) the projected school enrollment for each of the first three years of school operation;
1393 and
1394 (iii) the ages or grade levels the school proposes to serve;
1395 (e) academic goals;
1396 (f) qualifications and policies for school employees, including policies that:
1397 (i) comply with the criminal background check requirements described in Section
1398 53A-1a-512.5;
1399 (ii) require employee evaluations; and
1400 (iii) address employment of relatives within the charter school;
1401 (g) a description of how the charter school will provide, as required by state and federal
1402 law, special education and related services;
1403 (h) for a public school converting to charter status, arrangements for:
1404 (i) students who choose not to continue attending the charter school; and
1405 (ii) teachers who choose not to continue teaching at the charter school;
1406 (i) a statement that describes the charter school's plan for establishing the charter
1407 school's facilities, including:
1408 (i) whether the charter school intends to lease or purchase the charter school's facilities;
1409 and
1410 (ii) financing arrangements;
1411 (j) a market analysis of the community the school plans to serve;
1412 (k) a capital facility plan;
1413 (l) a business plan;
1414 (m) other major issues involving the establishment and operation of the charter school;
1415 and
1416 (n) the signatures of the governing board members of the charter school.
1417 (3) A charter school authorizer may require a charter school application to include:
1418 (a) the charter school's proposed:
1419 (i) curriculum;
1420 (ii) instructional program; or
1421 (iii) delivery methods;
1422 (b) a method for assessing whether students are reaching academic goals, including, at
1423 a minimum, [
1424
1425 Section 53A-1-602;
1426 (c) a proposed calendar;
1427 (d) sample policies;
1428 (e) a description of opportunities for parental involvement;
1429 (f) a description of the school's administrative, supervisory, or other proposed services
1430 that may be obtained through service providers; or
1431 (g) other information that demonstrates an applicant's ability to establish and operate a
1432 charter school.
1433 Section 38. Section 53A-1a-510 is amended to read:
1434 53A-1a-510. Termination of a charter.
1435 (1) Subject to the requirements of Subsection (3), a charter school authorizer may
1436 terminate a school's charter for any of the following reasons:
1437 (a) failure of the charter school to meet the requirements stated in the charter;
1438 (b) failure to meet generally accepted standards of fiscal management;
1439 (c) subject to Subsection (8), failure to make adequate yearly progress under the No
1440 Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq.;
1441 (d) (i) designation as a low performing school under Chapter 1, [
1442
1443 (ii) failure to improve the school's [
1444 Chapter 1, Part 12, School Turnaround and Leadership Development Act;
1445 (e) violation of requirements under this part or another law; or
1446 (f) other good cause shown.
1447 (2) (a) The authorizer shall notify the following of the proposed termination in writing,
1448 state the grounds for the termination, and stipulate that the governing board may request an
1449 informal hearing before the authorizer:
1450 (i) the governing board of the charter school; and
1451 (ii) if the charter school is a qualifying charter school with outstanding bonds issued in
1452 accordance with Chapter 20b, Part 2, Charter School Credit Enhancement Program, the Utah
1453 Charter School Finance Authority.
1454 (b) Except as provided in Subsection (2)(e), the authorizer shall conduct the hearing in
1455 accordance with Title 63G, Chapter 4, Administrative Procedures Act, within 30 days after
1456 receiving a written request under Subsection (2)(a).
1457 (c) If the authorizer, by majority vote, approves a motion to terminate a charter school,
1458 the governing board of the charter school may appeal the decision to the State Board of
1459 Education.
1460 (d) (i) The State Board of Education shall hear an appeal of a termination made
1461 pursuant to Subsection (2)(c).
1462 (ii) The State Board of Education's action is final action subject to judicial review.
1463 (e) (i) If the authorizer proposes to terminate the charter of a qualifying charter school
1464 with outstanding bonds issued in accordance with Chapter 20b, Part 2, Charter School Credit
1465 Enhancement Program, the authorizer shall conduct a hearing described in Subsection (2)(b)
1466 120 days or more after notifying the following of the proposed termination:
1467 (A) the governing board of the qualifying charter school; and
1468 (B) the Utah Charter School Finance Authority.
1469 (ii) Prior to the hearing described in Subsection (2)(e)(i), the Utah Charter School
1470 Finance Authority shall meet with the authorizer to determine whether the deficiency may be
1471 remedied in lieu of termination of the qualifying charter school's charter.
1472 (3) An authorizer may not terminate the charter of a qualifying charter school with
1473 outstanding bonds issued in accordance with Chapter 20b, Part 2, Charter School Credit
1474 Enhancement Program, without mutual agreement of the Utah Charter School Finance
1475 Authority and the authorizer.
1476 (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1477 the State Board of Education shall make rules that require a charter school to report any threats
1478 to the health, safety, or welfare of its students to the State Charter School Board in a timely
1479 manner.
1480 (b) The rules under Subsection (4)(a) shall also require the charter school report to
1481 include what steps the charter school has taken to remedy the threat.
1482 (5) Subject to the requirements of Subsection (3), the authorizer may terminate a
1483 charter immediately if good cause has been shown or if the health, safety, or welfare of the
1484 students at the school is threatened.
1485 (6) If a charter is terminated during a school year, the following entities may apply to
1486 the charter school's authorizer to assume operation of the school:
1487 (a) the school district where the charter school is located;
1488 (b) the governing board of another charter school; or
1489 (c) a private management company.
1490 (7) (a) If a charter is terminated, a student who attended the school may apply to and
1491 shall be enrolled in another public school under the enrollment provisions of Chapter 2, Part 2,
1492 District of Residency, subject to space availability.
1493 (b) Normal application deadlines shall be disregarded under Subsection (7)(a).
1494 (8) Subject to the requirements of Subsection (3), an authorizer may terminate a charter
1495 pursuant to Subsection (1)(c) under the same circumstances that local educational agencies are
1496 required to implement alternative governance arrangements under 20 U.S.C. Sec. 6316.
1497 Section 39. Section 53A-15-1303 is enacted to read:
1498 53A-15-1303. Youth suicide prevention training for employees.
1499 (1) A school district or charter school shall require a licensed employee to complete
1500 two hours of professional development training on youth suicide prevention within the
1501 employee's license cycle described in Section 53A-6-104.
1502 (2) The board shall:
1503 (a) develop or adopt sample materials to be used by a school district or charter school
1504 for professional development training on youth suicide prevention; and
1505 (b) in rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1506 Rulemaking Act, incorporate the training described in Subsection (1) into professional
1507 development training described in Section 53A-6-104.
1508 Section 40. Section 53A-15-1403 is amended to read:
1509 53A-15-1403. Parental right to academic accommodations.
1510 (1) (a) A student's parent or guardian is the primary person responsible for the
1511 education of the student, and the state is in a secondary and supportive role to the parent or
1512 guardian. As such, a student's parent or guardian has the right to reasonable academic
1513 accommodations from the student's LEA as specified in this section.
1514 (b) Each accommodation shall be considered on an individual basis and no student
1515 shall be considered to a greater or lesser degree than any other student.
1516 (c) The parental rights specified in this section do not include all the rights or
1517 accommodations that may be available to a student's parent or guardian as a user of the public
1518 education system.
1519 (d) An accommodation under this section may only be provided if the accommodation
1520 is:
1521 (i) consistent with federal law; and
1522 (ii) consistent with a student's IEP if the student already has an IEP.
1523 (2) An LEA shall reasonably accommodate a parent's or guardian's written request to
1524 retain a student in kindergarten through grade 8 on grade level based on the student's academic
1525 ability or the student's social, emotional, or physical maturity.
1526 (3) An LEA shall reasonably accommodate a parent's or guardian's initial selection of a
1527 teacher or request for a change of teacher.
1528 (4) An LEA shall reasonably accommodate the request of a student's parent or guardian
1529 to visit and observe any class the student attends.
1530 (5) Notwithstanding Chapter 11, Part 1, Compulsory Education Requirements, an LEA
1531 shall record an excused absence for a scheduled family event or a scheduled proactive visit to a
1532 health care provider if:
1533 (a) the parent or guardian submits a written statement at least one school day before the
1534 scheduled absence; and
1535 (b) the student agrees to make up course work for school days missed for the scheduled
1536 absence in accordance with LEA policy.
1537 (6) (a) An LEA shall reasonably accommodate a parent's or guardian's written request
1538 to place a student in a specialized class, a specialized program, or an advanced course.
1539 (b) An LEA shall consider multiple academic data points when determining an
1540 accommodation under Subsection (6)(a).
1541 (7) Consistent with Section 53A-13-108, which requires the State Board of Education
1542 to establish graduation requirements that use competency-based standards and assessments, an
1543 LEA shall allow a student to earn course credit [
1544 without completing a course in school by:
1545 (a) testing out of the course; or
1546 (b) demonstrating competency in course standards.
1547 (8) An LEA shall reasonably accommodate a parent's or guardian's request to meet
1548 with a teacher at a mutually agreeable time if the parent or guardian is unable to attend a
1549 regularly scheduled parent teacher conference.
1550 (9) (a) At the request of a student's parent or guardian, an LEA shall excuse a student
1551 from taking an assessment that:
1552 (i) is federally mandated;
1553 (ii) is mandated by the state under this title; or
1554 (iii) requires the use of:
1555 (A) a state assessment system; or
1556 (B) software that is provided or paid for by the state.
1557 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1558 State Board of Education shall make rules:
1559 (i) to establish a statewide procedure for excusing a student under Subsection (9)(a)
1560 that:
1561 (A) does not place an undue burden on a parent or guardian; and
1562 (B) may be completed online; and
1563 (ii) to prevent negative impact, to the extent authorized by state statute, to an LEA or
1564 an LEA's employees through school [
1565 student not taking a test under Subsection (9)(a).
1566 (c) An LEA:
1567 (i) shall follow the procedures outlined in rules made by the State Board of Education
1568 under Subsection (9)(b) to excuse a student under Subsection (9)(a);
1569 (ii) may not require procedures to excuse a student under Subsection (9)(a) in addition
1570 to the procedures outlined in rules made by the State Board of Education under Subsection
1571 (9)(b); and
1572 (iii) may not reward a student for taking an assessment described in Subsection (9)(a).
1573 (d) The State Board of Education shall:
1574 (i) maintain and publish a list of state assessments, state assessment systems, and
1575 software that qualify under Subsection (9)(a); and
1576 (ii) audit and verify an LEA's compliance with the requirements of this Subsection (9).
1577 (10) (a) An LEA shall provide for:
1578 (i) the distribution of a copy of a school's discipline and conduct policy to each student
1579 in accordance with Section 53A-11-903; and
1580 (ii) a parent's or guardian's signature acknowledging receipt of the school's discipline
1581 and conduct policy.
1582 (b) An LEA shall notify a parent or guardian of a student's violation of a school's
1583 discipline and conduct policy and allow a parent or guardian to respond to the notice in
1584 accordance with Chapter 11, Part 9, School Discipline and Conduct Plans.
1585 Section 41. Section 53A-17a-166 is amended to read:
1586 53A-17a-166. Enhancement for At-Risk Students Program.
1587 (1) (a) Subject to the requirements of Subsection (1)(b), the State Board of Education
1588 shall distribute money appropriated for the Enhancement for At-Risk Students Program to
1589 school districts and charter schools according to a formula adopted by the State Board of
1590 Education, after consultation with school districts and charter schools.
1591 (b) (i) The State Board of Education shall appropriate $1,200,000 from the
1592 appropriation for Enhancement for At-Risk Students for a gang prevention and intervention
1593 program designed to help students at-risk for gang involvement stay in school.
1594 (ii) Money for the gang prevention and intervention program shall be distributed to
1595 school districts and charter schools through a request for proposals process.
1596 (2) In establishing a distribution formula under Subsection (1)(a), the State Board of
1597 Education shall use the following criteria:
1598 (a) low performance on [
1599 53A-1-602;
1600 (b) poverty;
1601 (c) mobility; and
1602 (d) limited English proficiency.
1603 (3) A school district or charter school shall use money distributed under this section to
1604 improve the academic achievement of students who are at risk of academic failure.
1605 (4) The State Board of Education shall develop performance criteria to measure the
1606 effectiveness of the Enhancement for At-Risk Students Program and make an annual report to
1607 the Public Education Appropriations Subcommittee on the effectiveness of the program.
1608 Section 42. Section 53A-25b-304 is amended to read:
1609 53A-25b-304. Administration of statewide assessments.
1610 The Utah Schools for the Deaf and the Blind shall annually administer, as applicable,
1611 the [
1612 student may take an alternative test in accordance with the student's IEP.
1613 Section 43. Repealer.
1614 This bill repeals:
1615 Section 53A-1-1104.5, Two school grades assigned to a combination school.
1616 Section 53A-1-1107.5, Growth target established to determine whether a student
1617 demonstrates sufficient growth in a subject.
1618 Section 53A-1-1113, Rules.
1619 Section 53A-3-601, Legislative findings.
1620 Section 53A-3-602.5, School performance report -- Components -- Annual filing.
1621 Section 53A-3-603, State board models, guidelines, and training.
1622 Section 44. Effective date.
1623 (1) Except as provided in Subsections (2) and (3), this bill takes effect on July 1, 2017.
1624 (2) The following sections take effect on November 1, 2017:
1625 (a) Section 53A-1-1101;
1626 (b) Section 53A-1-1102;
1627 (c) Section 53A-1-1103;
1628 (d) Section 53A-1-1104;
1629 (e) Section 53A-1-1105;
1630 (f) Section 53A-1-1106;
1631 (g) Section 53A-1-1107;
1632 (h) Section 53A-1-1108;
1633 (i) Section 53A-1-1109;
1634 (j) Section 53A-1-1110;
1635 (k) Section 53A-1-1111;
1636 (l) Section 53A-1-1112;
1637 (m) Section 53A-1-1202;
1638 (n) Section 53A-1-1203;
1639 (o) Section 53A-1-1206;
1640 (p) Section 53A-1-1207;
1641 (q) Section 53A-1-1208;
1642 (r) Section 53A-1-1209;
1643 (s) Section 53A-1a-510; and
1644 (t) Section 53A-15-1403.
1645 (3) The following sections are repealed on November 1, 2017:
1646 (a) Section 53A-1-1104.5;
1647 (b) Section 53A-1-1107.5;
1648 (c) Section 53A-1-1113;
1649 (d) Section 53A-1-1113.5;
1650 (e) Section 53A-3-601;
1651 (f) Section 53A-3-602.5; and
1652 (g) Section 53A-3-603.
1653 Section 45. Revisor instructions.
1654 The Legislature intends that, on November 1, 2017, the Office of Legislative Research
1655 and General Counsel, in preparing the Utah Code database for publication, change the language
1656 in Subsection 53A-1-413(7)(g) from "a school's grade assigned pursuant to Part 11, School
1657 Grading Act" to "a school's overall rating assigned in accordance with Part 11, School
1658 Accountability System."