This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 27, 2017 at 12:37 PM by lpoole.
1     
EDUCATION REPORTING AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lincoln Fillmore

5     
House Sponsor: Justin L. Fawson

6     

7     LONG TITLE
8     General Description:
9          This bill amends reporting requirements related to public education.
10     Highlighted Provisions:
11          This bill:
12          ▸     repeals certain reporting requirements placed on a local education agency, the state
13     superintendent of public instruction, and the State Board of Education; Ŝ→ [and]
13a          ▸ amends provisions related to public education reports and data; and ←Ŝ
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          53A-1-301, as last amended by Laws of Utah 2016, Chapter 348
22          53A-3-403, as last amended by Laws of Utah 2004, Chapter 206
23          53A-6-105, as last amended by Laws of Utah 2016, Chapter 144
24          53A-17a-153, as last amended by Laws of Utah 2010, Chapter 3
25          53A-17a-165, as last amended by Laws of Utah 2015, Chapter 258
26          53A-17a-166, as enacted by Laws of Utah 2011, Chapter 359
27          53A-17a-168, as enacted by Laws of Utah 2012, Chapter 188
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 53A-1-301 is amended to read:
31          53A-1-301. Appointment -- Qualifications -- Duties.
32          (1) (a) The State Board of Education shall appoint a superintendent of public
33     instruction, hereinafter called the state superintendent, who is the executive officer of the
34     [board] State Board of Education and serves at the pleasure of the [board] State Board of
35     Education.
36          (b) The [board] State Board of Education shall appoint the state superintendent on the
37     basis of outstanding professional qualifications.
38          (c) The state superintendent shall administer all programs assigned to the State Board
39     of Education in accordance with the policies and the standards established by the [board] State
40     Board of Education.
41          (2) The State Board of Education shall, with the [appointed] state superintendent,
42     develop a statewide education strategy focusing on core academics, including the development
43     of:
44          (a) core standards for Utah public schools and graduation requirements;
45          (b) a process to select model instructional materials that best correlate [to] with the
46     core standards for Utah public schools and graduation requirements that are supported by
47     generally accepted scientific standards of evidence;
48          (c) professional development programs for teachers, superintendents, and principals;
49          (d) model remediation programs;
50          (e) a model method for creating individual student learning targets, and a method of
51     measuring an individual student's performance toward those targets;
52          (f) progress-based assessments for ongoing performance evaluations of school districts
53     and schools;
54          (g) incentives to achieve the desired outcome of individual student progress in core
55     academics[, and which] that do not create disincentives for setting high goals for the students;
56          (h) an annual report card for school and school district performance, measuring
57     learning and reporting progress-based assessments;
58          (i) a systematic method to encourage innovation in schools and school districts as [they
59     strive] each strives to achieve improvement in [their] performance; and
60          (j) a method for identifying and sharing best demonstrated practices across school
61     districts and schools.
62          (3) The state superintendent shall perform duties assigned by the [board] State Board
63     of Education, including [the following]:
64          (a) investigating all matters pertaining to the public schools;
65          (b) adopting and keeping an official seal to authenticate the state superintendent's
66     official acts;
67          (c) holding and conducting meetings, seminars, and conferences on educational topics;
68          (d) presenting to the governor and the Legislature each December a report of the public
69     school system for the preceding year [to include] that includes:
70          (i) data on the general condition of the schools with recommendations considered
71     desirable for specific programs;
72          (ii) a complete statement of fund balances;
73          (iii) a complete statement of revenues by fund and source;
74          (iv) a complete statement of adjusted expenditures by fund, the status of bonded
75     indebtedness, the cost of new school plants, and school levies;
76          (v) a complete statement of state funds allocated to each school district and charter
77     school by source, including supplemental appropriations, and a complete statement of
78     expenditures by each school district and charter school, including supplemental appropriations,
79     by function and object as outlined in the United States Department of Education publication
80     "Financial Accounting for Local and State School Systems";
81          [(vi) a complete statement, by school district and charter school, of the amount of and
82     percentage increase or decrease in expenditures from the previous year attributed to:]
83          [(A) wage increases, with expenditure data for base salary adjustments identified
84     separately from step and lane expenditures;]
85          [(B) medical and dental premium cost adjustments; and]
86          [(C) adjustments in the number of teachers and other staff;]
87          [(vii)] (vi) a statement that includes data on:
88          (A) fall enrollments;
89          (B) average membership;
90          (C) high school graduates;
91          (D) licensed and classified employees, including data reported by school districts on
92     educator ratings pursuant to Section 53A-8a-410;
93          (E) pupil-teacher ratios;
94          (F) average class sizes calculated in accordance with State Board of Education rules
95     adopted under Subsection 53A-3-602.5(4);
96          (G) average salaries;
97          (H) applicable private school data; and
98          (I) data from standardized norm-referenced tests in grades 5, 8, and 11 on each school
99     and school district;
100          [(viii)] (vii) statistical information regarding incidents of delinquent activity in the
101     schools or at school-related activities with separate categories for:
102          (A) alcohol and drug abuse;
103          (B) weapon possession;
104          (C) assaults; and
105          (D) arson;
106          [(ix)] (viii) information about:
107          (A) the development and implementation of the strategy of focusing on core
108     academics;
109          (B) the development and implementation of competency-based education and
110     progress-based assessments; and
111          (C) the results being achieved under Subsections (3)(d)[(ix)](viii)(A) and (B), as
112     measured by individual progress-based assessments and a comparison of Utah students'
113     progress with the progress of students in other states using standardized norm-referenced tests
114     as benchmarks; and
115          [(x)] (ix) other statistical and financial information about the school system [which]
116     that the state superintendent considers pertinent;
117          (e) collecting and organizing education data into an automated decision support system
118     to facilitate school district and school improvement planning, accountability reporting,
119     performance recognition, and the evaluation of educational policy and program effectiveness to
120     include:
121          (i) data that are:
122          (A) comparable across schools and school districts;
123          (B) appropriate for use in longitudinal studies; and
124          (C) comprehensive with regard to the data elements required under applicable state or
125     federal law or [state board] State Board of Education rule;
126          (ii) features that enable users, most particularly school administrators, teachers, and
127     parents, to:
128          (A) retrieve school and school district level data electronically;
129          (B) interpret the data visually; and
130          (C) draw conclusions that are statistically valid; and
131          (iii) procedures for the collection and management of education data that:
132          (A) require the state superintendent [of public instruction] to:
133          (I) collaborate with school districts Ŝ→ and charter schools ←Ŝ in designing and
133a     implementing uniform data
134     standards and definitions;
135          (II) undertake or sponsor research to implement improved methods for analyzing
136     education data;
137          (III) provide for data security to prevent unauthorized access to or contamination of the
138     data; and
139          (IV) protect the confidentiality of data under state and federal privacy laws; and
140          (B) require all school districts and schools to comply with the data collection and
141     management procedures established under Subsection (3)(e);
142          (f) administering and implementing federal educational programs in accordance with
143     Title 53A, Chapter 1, Part 9, Implementing Federal or National Education Programs Act; and
144          (g) with the approval of the [board] State Board of Education, preparing and
145     submitting to the governor a budget for the [board] State Board of Education to be included in
146     the budget that the governor submits to the Legislature.
147          (4) The state superintendent shall distribute funds deposited in the Autism Awareness
148     Restricted Account created in Section 53A-1-304 in accordance with the requirements of
149     Section 53A-1-304.
150          (5) Upon leaving office, the state superintendent shall deliver to the state
151     superintendent's successor all books, records, documents, maps, reports, papers, and other
152     articles pertaining to the state superintendent's office.
153          (6) (a) For the [purpose] purposes of Subsection (3)(d)[(vii)](vi):
154          (i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
155     students enrolled in a school by the number of full-time equivalent teachers assigned to the
156     school, including regular classroom teachers, school-based specialists, and special education
157     teachers;
158          (ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
159     the schools within a school district;
160          (iii) the pupil-teacher ratio for charter schools aggregated shall be the median
161     pupil-teacher ratio of charter schools in the state; and
162          (iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
163     pupil-teacher ratio of public schools in the state.
164          (b) The printed copy of the report required by Subsection (3)(d) shall:
165          (i) include the pupil-teacher ratio for:
166          (A) each school district;
167          (B) the charter schools aggregated; and
168          (C) the state's public schools aggregated; and
169          (ii) indicate [the Internet] a website where pupil-teacher ratios for each school in the
170     state may be accessed.
171          Section 2. Section 53A-3-403 is amended to read:
172          53A-3-403. School district Ŝ→ or charter school ←Ŝ fiscal year -- Statistical reports.
173          (1) A school district's Ŝ→ or charter school's ←Ŝ fiscal year begins on July 1 and ends on
173a     June 30.
174          (2) (a) [The] A school district Ŝ→ or charter school ←Ŝ shall forward statistical reports
174a     for the preceding school
175     year, containing items required by law or by the State Board of Education, to the state
176     superintendent [not later than] on or before November 1 of each year.
177          (b) The reports shall include information to enable the state superintendent to complete
178     the statement required under Subsection 53A-1-301(3)(d)(v).
179          (3) [The] A school district Ŝ→ or charter school ←Ŝ shall forward the accounting report
179a     required under Section
180     51-2a-201 to the state superintendent [not later than] on or before October 15 of each year.
181          [(4) The district shall include the following information in its report:]
182          [(a) a summary of the number of students in the district given fee waivers, the number
183     of students who worked in lieu of a waiver, and the total dollar value of student fees waived by
184     the district;]
185          [(b) a copy of the district's fee and fee waiver policy;]
186          [(c) a copy of the district's fee schedule for students; and]
187          [(d) notices of fee waivers provided to a parent or guardian of a student.]
188          Section 3. Section 53A-6-105 is amended to read:
189          53A-6-105. Licensing fees -- Credit to subfund -- Payment of expenses.
190          (1) The board shall levy a fee for each new, renewed, or reinstated license or
191     endorsement in accordance with Section 63J-1-504.
192          (2) Fee payments are credited to the Professional Practices Restricted Subfund in the
193     Uniform School Fund.
194          (3) The board shall pay the expenses of issuing licenses and of UPPAC operations, and
195     the costs of collecting license fees from the restricted subfund.
196          [(4) The board shall submit an annual report to the Legislature's Public Education
197     Appropriations Subcommittee informing the Legislature about the fund, fees assessed and
198     collected, and expenditures from the fund.]
199          Section 4. Section 53A-17a-153 is amended to read:
200          53A-17a-153. Educator salary adjustments.
201          (1) As used in this section, "educator" means a person employed by a school district,
202     charter school, or the Utah Schools for the Deaf and the Blind who holds:
203          (a) a license issued under Title 53A, Chapter 6, Educator Licensing and Professional
204     Practices Act; and
205          (b) a position as a:
206          (i) classroom teacher;
207          (ii) speech pathologist;
208          (iii) librarian or media specialist;
209          (iv) preschool teacher;
210          (v) mentor teacher;
211          (vi) teacher specialist or teacher leader;
212          (vii) guidance counselor;
213          (viii) audiologist;
214          (ix) psychologist; or
215          (x) social worker.
216          (2) In recognition of the need to attract and retain highly skilled and dedicated
217     educators, the Legislature shall annually appropriate money for educator salary adjustments,
218     subject to future budget constraints.
219          (3) Money appropriated to the State Board of Education for educator salary
220     adjustments shall be distributed to school districts, charter schools, and the Utah Schools for
221     the Deaf and the Blind in proportion to the number of full-time-equivalent educator positions
222     in a school district, a charter school, or the Utah Schools for the Deaf and the Blind as
223     compared to the total number of full-time-equivalent educator positions in school districts,
224     charter schools, and the Utah Schools for the Deaf and the Blind.
225          (4) [School districts, charter schools, and] A school district, a charter school, or the
226     Utah Schools for the Deaf and the Blind shall award bonuses to educators as follows:
227          (a) the amount of the salary adjustment shall be the same for each full-time-equivalent
228     educator position in the school district, charter school, or the Utah Schools for the Deaf and the
229     Blind;
230          (b) [a person] an individual who is not a full-time educator shall receive a partial salary
231     adjustment based on the number of hours the [person] individual works as an educator; and
232          (c) a salary [adjustments] adjustment may be awarded only to [educators] an educator
233     who [have] has received a satisfactory rating or above on [their] the educator's most recent
234     evaluation.
235          [(5) (a) Each school district and charter school and the Utah Schools for the Deaf and
236     the Blind shall submit a report to the State Board of Education on how the money for salary
237     adjustments was spent, including the amount of the salary adjustment and the number of full
238     and partial salary adjustments awarded.]
239          [(b) The State Board of Education shall compile the information reported under
240     Subsection (5) and submit it to the Public Education Appropriations Subcommittee by
241     November 30 each year.]
242          [(6)] (5) The State Board of Education may make rules as necessary to administer this
243     section, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
244          [(7)] (6) (a) Subject to future budget constraints, the Legislature shall appropriate
245     sufficient money each year to:
246          (i) maintain educator salary adjustments provided in prior years; and
247          (ii) provide educator salary adjustments to new employees.
248          (b) Money appropriated for educator salary adjustments shall include money for the
249     following employer-paid benefits:
250          (i) retirement;
251          (ii) worker's compensation;
252          (iii) social security; and
253          (iv) Medicare.
254          [(8)] (7) (a) Subject to future budget constraints, the Legislature shall:
255          (i) maintain the salary adjustments provided to school administrators in the 2007-08
256     school year; and
257          (ii) provide salary adjustments for new school administrators in the same amount as
258     provided for existing school administrators.
259          (b) The appropriation provided for educator salary adjustments shall include salary
260     adjustments for school administrators as specified in Subsection [(8)] (7)(a).
261          (c) In distributing and awarding salary adjustments for school administrators, the State
262     Board of Education, [school districts, charter schools, and] a school district, a charter school, or
263     the Utah Schools for the Deaf and the Blind shall comply with the requirements for the
264     distribution and award of educator salary adjustments as provided in Subsections (3) and (4).
265          Section 5. Section 53A-17a-165 is amended to read:
266          53A-17a-165. Enhancement for Accelerated Students Program.
267          (1) As used in this section, "eligible low-income student" means a student who:
268          (a) takes an Advanced Placement test;
269          (b) has applied for an Advanced Placement test fee reduction; and
270          (c) qualifies for a free lunch or a lunch provided at reduced cost.
271          (2) The State Board of Education shall distribute money appropriated for the
272     Enhancement for Accelerated Students Program to school districts and charter schools
273     according to a formula adopted by the State Board of Education, after consultation with school
274     districts and charter schools.
275          (3) A distribution formula adopted under Subsection (2) may include an allocation of
276     money for:
277          (a) Advanced Placement courses;
278          (b) Advanced Placement test fees of eligible low-income students;
279          (c) gifted and talented programs, including professional development for teachers of
280     high ability students; and
281          (d) International Baccalaureate programs.
282          (4) The greater of 1.5% or $100,000 of the appropriation for the Enhancement for
283     Accelerated Students Program may be allowed for International Baccalaureate programs.
284          (5) A school district or charter school shall use money distributed under this section to
285     enhance the academic growth of students whose academic achievement is accelerated.
286          (6) [(a)] The State Board of Education shall develop performance criteria to measure
287     the effectiveness of the Enhancement for Accelerated Students Program [and make an annual
288     report to the Public Education Appropriations Subcommittee on the effectiveness of the
289     program].
290          [(b) In the report required by Subsection (6)(a), the State Board of Education shall
291     include data showing the use and impact of money allocated for Advanced Placement test fees
292     of eligible low-income students.]
293          Section 6. Section 53A-17a-166 is amended to read:
294          53A-17a-166. Enhancement for At-Risk Students Program.
295          (1) (a) Subject to the requirements of Subsection (1)(b), the State Board of Education
296     shall distribute money appropriated for the Enhancement for At-Risk Students Program to
297     school districts and charter schools according to a formula adopted by the State Board of
298     Education, after consultation with school districts and charter schools.
299          (b) (i) The State Board of Education shall appropriate $1,200,000 from the
300     appropriation for Enhancement for At-Risk Students for a gang prevention and intervention
301     program designed to help students at-risk for gang involvement stay in school.
302          (ii) Money for the gang prevention and intervention program shall be distributed to
303     school districts and charter schools through a request for proposals process.
304          (2) In establishing a distribution formula under Subsection (1)(a), the State Board of
305     Education shall use the following criteria:
306          (a) low performance on U-PASS tests;
307          (b) poverty;
308          (c) mobility; and
309          (d) limited English proficiency.
310          (3) A school district or charter school shall use money distributed under this section to
311     improve the academic achievement of students who are at risk of academic failure.
312          (4) The State Board of Education shall develop performance criteria to measure the
313     effectiveness of the Enhancement for At-Risk Students Program [and make an annual report to
314     the Public Education Appropriations Subcommittee on the effectiveness of the program].
315          Section 7. Section 53A-17a-168 is amended to read:
316          53A-17a-168. Appropriation for Title 1 Schools in Improvement Paraeducators
317     Program.
318          (1) As used in this section:
319          (a) "Eligible school" means a Title 1 school that has not achieved adequate yearly
320     progress, as defined in the No Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq. in
321     the same subject area for two consecutive years.
322          (b) "Paraeducator" means a school employee who:
323          (i) delivers instruction under the direct supervision of a teacher; and
324          (ii) meets the requirements under Subsection (3).
325          (c) "Program" means the Title 1 Schools in Improvement Paraeducators Program
326     created in this section.
327          (2) The program is created to provide funding for eligible schools to hire paraeducators
328     to provide additional instructional aid in the classroom to assist students in achieving academic
329     success and assist the school in exiting Title 1 school improvement status.
330          (3) A paraeducator who is funded under this section shall have:
331          (a) earned a secondary school diploma or a recognized equivalent;
332          (b) (i) completed at least two years with a minimum of 48 semester hours at an
333     accredited higher education institution;
334          (ii) obtained an associates or higher degree from an accredited higher education
335     institution; or
336          (iii) satisfied a rigorous state or local assessment about the individual's knowledge of,
337     and ability to assist in instructing students in, reading, writing, and mathematics; and
338          (c) received large group-, small group-, and individual-level professional development
339     that is intensive and focused and covers curriculum, instruction, assessment, classroom and
340     behavior management, and teaming.
341          (4) The State Board of Education shall distribute money appropriated for the program
342     to eligible schools, in accordance with rules adopted by the board.
343          (5) Funds appropriated under the program may not be used to supplant other money
344     used for paraeducators at eligible schools.
345          [(6) The State Board of Education shall submit an annual report to the Legislature's
346     Public Education Appropriations Subcommittee that includes information on:]
347          [(a) the amount of money distributed to each eligible school under this section;]
348          [(b) how many paraeducators were hired at each eligible school with program money;]
349          [(c) additional funding eligible schools used to supplement program money in hiring
350     paraeducators; and]
351          [(d) accountability measures, including test scores of students served by the program.]




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