This document includes House Floor Amendments incorporated into the bill on Thu, Mar 9, 2017 at 9:20 PM by ryoung.
Senator Ann Millner proposes the following substitute bill:


1     
SCHOOL TURNAROUND AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ann Millner

5     
House Sponsor: Bradley G. Last

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of the School Turnaround and Leadership Development Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     amends provisions related to the designation of a low performing school;
14          ▸     requires a local school board of a low performing school, or a charter school
15     governing board of a low performing charter school, to partner with the school
16     turnaround committee to contract with a turnaround expert;
17     Ĥ→ [     ▸     directs the State Board of Education to identify and contract with a turnaround
18     expert to partner with a low performing school;] ←Ĥ
19          ▸     specifies turnaround plan and turnaround expert contract requirements;
20          ▸     repeals and enacts certain provisions related to funding;
21          ▸     directs the State Board of Education to adopt rules establishing implications for a
22     low performing school that fails to improve;
23          ▸     amends provisions related to an extension granted to a low performing school;
24          ▸     amends and provides a repeal date for the School Recognition and Reward Program;
25          ▸     enacts the Turnaround School Teacher Recruitment and Retention Program; and
26          ▸     makes technical corrections.
27     Money Appropriated in this Bill:
28          None
29     Other Special Clauses:
30          This bill provides a coordination clause.
31     Utah Code Sections Affected:
32     AMENDS:
33          53A-1-1202, as last amended by Laws of Utah 2016, Chapter 241
34          53A-1-1203, as last amended by Laws of Utah 2016, Chapter 241
35          53A-1-1204, as last amended by Laws of Utah 2016, Chapter 241
36          53A-1-1205, as last amended by Laws of Utah 2016, Chapter 241
37          53A-1-1206, as last amended by Laws of Utah 2016, Chapter 241
38          53A-1-1207, as last amended by Laws of Utah 2016, Chapter 241
39          53A-1-1208, as last amended by Laws of Utah 2016, Chapter 241
40          63I-2-253, as last amended by Laws of Utah 2016, Chapters 128, 229, 236, 271, and
41     318
42     ENACTS:
43          53A-1-1208.1, Utah Code Annotated 1953
44     Utah Code Sections Affected by Coordination Clause:
45          53A-1-1202, Utah Code Annotated 1953
46          53A-1-1203, Utah Code Annotated 1953
47          53A-1-1207, Utah Code Annotated 1953
48     

49     Be it enacted by the Legislature of the state of Utah:
50          Section 1. Section 53A-1-1202 is amended to read:
51          53A-1-1202. Definitions.
52          As used in this part:
53          (1) "Board" means the State Board of Education.
54          (2) "Charter school authorizer" means the same as that term is defined in Section
55     53A-1a-501.3.
56          (3) "Charter school governing board" means the governing board, as defined in Section
57     53A-1a-501.3, that governs a charter.
58          [(3)] (4) "District school" means a public school under the control of a local school
59     board elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
60     Boards.
61          [(4)] (5) "Educator" means the same as that term is defined in Section 53A-6-103.
62          [(5)] (6) "Final remedial year" means the second school year following the initial
63     remedial year.
64          (7) "Independent school turnaround expert" or "turnaround expert" means a person
65     identified by the board under Section 53A-1-1206.
66          [(6)] (8) "Initial remedial year" means the school year a district school or charter school
67     is designated as a low performing school under Section 53A-1-1203.
68          (9) "Local education board" means a local school board or charter school governing
69     board.
70          (10) "Local school board" means a board elected under Title 20A, Chapter 14, Part 2,
71     Election of Members of Local Boards of Education.
72          [(7)] (11) "Low performing school" means a district school or charter school that has
73     been designated a low performing school by the board because the school is:
74          (a) for two consecutive school years in the lowest performing 3% of schools statewide
75     according to the percentage of possible points earned under the school grading system; and
76          (b) a low performing school according to other outcome-based measures as may be
77     defined in rules made by the board in accordance with Title 63G, Chapter 3, Utah
78     Administrative Rulemaking Act.
79          [(8)] (12) "School grade" or "grade" means the letter grade assigned to a school under
80     the school grading system.
81          [(9)] (13) "School grading system" means the system established under Part 11, School
82     Grading Act, of assigning letter grades to schools.
83          (14) "School turnaround committee" means a committee established under:
84          (a) for a district school, Section 53A-1-1204; or
85          (b) for a charter school, Section 53A-1-1205.
86          (15) "School turnaround plan" means a plan described in:
87          (a) for a district school, Section 53A-1-1204; or
88          (b) for a charter school, Section 53A-1-1205.
89          [(10)] (16) "Statewide assessment" means a test of student achievement in basic
90     academic subjects, including a test administered in a computer adaptive format that is
91     administered statewide under Part 6, Achievement Tests.
92          Section 2. Section 53A-1-1203 is amended to read:
93          53A-1-1203. State Board of Education to designate low performing schools --
94     Needs assessment.
95          (1) [On or before September 1, the] The board shall:
96          (a) annually designate a school as a low performing school [if the school is:]; and
97          (b) conduct a needs assessment for a low performing school by thoroughly analyzing
98     the root causes of the low performing school's low performance.
99          (2) The board may use up to 5% of the appropriation provided under this part to hire or
100     contract with one or more individuals to conduct a needs assessment described in Subsection
101     (1)(b).
102          [(1) in the lowest performing 3% of schools statewide according to the percentage of
103     possible points earned under the school grading system; and]
104          [(2) a low performing school according to other outcome-based measures as may be
105     defined in rules made by the board in accordance with Title 63G, Chapter 3, Utah
106     Administrative Rulemaking Act.]
107          (3) A school that was designated as a low performing school based on 2015-2016
108     school year performance that is not in the lowest performing 3% of schools statewide following
109     the 2016-2017 school year is exempt from the provisions of this part.
110          Section 3. Section 53A-1-1204 is amended to read:
111          53A-1-1204. Required action to turn around a low performing district school.
112          (1) [On or before September 15 of an initial remedial year] In accordance with
113     deadlines established by the board, a local school board of a low performing school shall:
114          (a) establish a school turnaround committee composed of the following members:
115          [(a)] (i) the local school board member who represents the voting district where the low
116     performing school is located;
117          [(b)] (ii) the school principal;
118          [(c)] (iii) three parents of students enrolled in the low performing school appointed by
119     the chair of the school community council;
120          [(d)] (iv) one teacher at the low performing school appointed by the principal; [and]
121          [(e)] (v) one teacher at the low performing school appointed by the school district
122     superintendent[.]; and
123          (vi) one school district administrator;
124          (b) solicit proposals from a turnaround expert identified by the board under Section
125     53A-1-1206;
126          (c) partner with the school turnaround committee to select a proposal;
127          (d) submit the proposal described in Subsection (1)(b) to the board for review and
128     approval; and
129          (e) subject to Subsections (3) and (4), contract with a turnaround expert.
130          (2) A proposal described in Subsection (1)(b) shall include a:
131          (a) strategy to address the root causes of the low performing school's low performance
132     identified through the needs assessment described in Section 53A-1-1203; and
133          (b) scope of work to facilitate implementation of the strategy that includes at least the
134     activities described in Subsection (4)(b).
135          [(2) (a) Subject to Subsection (2)(b), on or before October 1 of an initial remedial year,
136     a local school board of a low performing school shall partner with the school turnaround
137     committee to select an independent school turnaround expert from the experts identified by the
138     board under Section 53A-1-1206.]
139          [(b)] (3) A local school board may not select [an independent school] a turnaround
140     expert that is:
141          (i) the school district; or
142          (ii) an employee of the school district.
143          (4) A contract between a local school board and a turnaround expert:
144          (a) shall be based on an explicit stipulation of desired outcomes and consequences for
145     not meeting goals, including cancellation of the contract;
146          (b) shall include a scope of work that requires the turnaround expert to at a minimum:
147          (i) develop and implement, in partnership with the school turnaround committee, a
148     school turnaround plan that meets the criteria described in Subsection (5);
149          (ii) monitor the effectiveness of a school turnaround plan through reliable means of
150     evaluation, including on-site visits, observations, surveys, analysis of student achievement data,
151     and interviews;
152          (iii) provide ongoing implementation support and project management for a school
153     turnaround plan;
154          (iv) provide high-quality professional development personalized for school staff that is
155     designed to build:
156          (A) the leadership capacity of the school principal;
157          (B) the instructional capacity of school staff;
158          (C) educators' capacity with data-driven strategies by providing actionable, embedded
159     data practices; and
160          (v) leverage support from community partners to coordinate an efficient delivery of
161     supports to students inside and outside the classroom;
162          (c) may include a scope of work that requires the turnaround expert to:
163          (i) develop sustainable school district and school capacities to effectively respond to the
164     academic and behavioral needs of students in high poverty communities; or
165          (ii) other services that respond to the needs assessment conducted under Section
166     53A-1-1203;
167          (d) shall include travel costs and payment milestones; and
168          (e) may include pay for performance provisions.
169          [(3)] (5) A school turnaround committee shall partner with the [independent school]
170     turnaround expert selected under Subsection [(2)] (1) to develop and implement a school
171     turnaround plan that [includes]:
172          [(a) the findings of the analysis conducted by the independent school turnaround expert
173     described in Subsection 53A-1-1206(1)(a);]
174          (a) addresses the root causes of the low performing school's low performance identified
175     through the needs assessment described in Section 53A-1-1203;
176          (b) includes recommendations regarding changes to the low performing school's
177     personnel, culture, curriculum, assessments, instructional practices, governance, leadership,
178     finances, policies, or other areas that may be necessary to implement the school turnaround
179     plan;
180          (c) includes measurable student achievement goals and objectives and benchmarks by
181     which to measure progress;
182          (d) includes a professional development plan that identifies a strategy to address
183     problems of instructional practice;
184          (e) includes a detailed budget specifying how the school turnaround plan will be funded;
185          (f) includes a plan to assess and monitor progress;
186          (g) includes a plan to communicate and report data on progress to stakeholders; and
187          (h) includes a timeline for implementation.
188          [(4)] (6) A local school board of a low performing school shall:
189          (a) prioritize school district funding and resources to the low performing school; [and]
190          (b) grant the low performing school streamlined authority over staff, schedule, policies,
191     budget, and academic programs to implement the school turnaround plan[.]; and
192          (c) assist the turnaround expert and the low performing school with:
193          (i) addressing the root cause of the low performing school's low performance; and
194          (ii) the development or implementation of a school turnaround plan.
195          [(5)] (7) (a) On or before [March] June 1 of an initial remedial year, a school
196     turnaround committee shall submit the school turnaround plan to the local school board for
197     approval.
198          (b) Except as provided in Subsection [(5)] (7)(c), on or before [April] July 1 of an
199     initial remedial year, a local school board of a low performing school shall submit the school
200     turnaround plan to the board for approval.
201          (c) If the local school board does not approve the school turnaround plan submitted
202     under Subsection [(5)] (7)(a), the school turnaround committee may appeal the disapproval in
203     accordance with rules made by the board as described in Subsection 53A-1-1206[(5)](6).
204          (8) A local school board, or a local school board's designee, shall annually report to the
205     board progress toward the goals, benchmarks, and timetable in a low performing school's
206     turnaround plan.
207          Section 4. Section 53A-1-1205 is amended to read:
208          53A-1-1205. Required action to terminate or turn around a low performing
209     charter school.
210          (1) [On or before September 10 of an initial remedial year] In accordance with
211     deadlines established by the board, a charter school authorizer of a low performing school shall
212     initiate a review to determine whether the charter school is in compliance with the school's
213     charter agreement described in Section 53A-1a-508, including the school's established minimum
214     standards for student achievement.
215          (2) If a low performing school is found to be out of compliance with the school's
216     charter agreement, the charter school authorizer may terminate the school's charter in
217     accordance with Section 53A-1a-510.
218          (3) A charter school authorizer shall make a determination on the status of a low
219     performing school's charter under Subsection (2) on or before [October 1 of] a date specified by
220     the board in an initial remedial year.
221          (4) [If] In accordance with deadlines established by the board, if a charter school
222     authorizer does not terminate a low performing school's charter under Subsection (2), a charter
223     school governing board of a low performing school shall:
224          (a) [on or before October 15 of an initial remedial year,] establish a school turnaround
225     committee composed of the following members:
226          (i) a member of the charter school governing board, appointed by the chair of the
227     charter school governing board;
228          (ii) the school principal;
229          (iii) three parents of students enrolled in the low performing school, appointed by the
230     chair of the charter school governing board; and
231          (iv) two teachers at the low performing school, appointed by the school principal; [and]
232          [(b) subject to Subsection (5), on or before November 1 of an initial remedial year, in
233     partnership with the school turnaround committee, select an independent school turnaround
234     expert from the experts identified by the board under Section 53A-1-1206.]
235          (b) solicit proposals from a turnaround expert identified by the board under Section
236     53A-1-1206;
237          (c) partner with the school turnaround committee to select a proposal;
238          (d) submit the proposal described in Subsection (4)(b) to the board for review and
239     approval; and
240          (e) subject to Subsections (6) and (7), contract with a turnaround expert.
241          (5) A proposal described in Subsection (4)(b) shall include a:
242          (a) strategy to address the root causes of the low performing school's low performance
243     identified through the needs assessment described in Section 53A-1-1203; and
244          (b) scope of work to facilitate implementation of the strategy that includes at least the
245     activities described in Subsection 53A-1-1204(4)(b).
246          [(5)] (6) A charter school governing board may not select a [school] turnaround expert
247     that:
248          (a) is a member of the charter school governing board;
249          (b) is an employee of the charter school; or
250          (c) has a contract to operate the charter school.
251          (7) A contract entered into between a charter school governing board and a turnaround
252     expert shall include and reflect the requirements described in Subsection 53A-1-1204(4).
253          [(6)] (8) (a) A school turnaround committee shall partner with the independent school
254     turnaround expert selected under Subsection (4)[(b)] to develop and implement a school
255     turnaround plan that includes the elements described in Subsection 53A-1-1204[(3)](5).
256          (b) A charter school governing board shall assist a turnaround expert and a low
257     performing charter school with:
258          (i) addressing the root cause of the low performing school's low performance; and
259          (ii) the development or implementation of a school turnaround plan.
260          [(7)] (9) (a) On or before [March] June 1 of an initial remedial year, a school
261     turnaround committee shall submit the school turnaround plan to the charter school governing
262     board for approval.
263          (b) Except as provided in Subsection [(7)] (9)(c), on or before [April] July 1 of an
264     initial remedial year, a charter school governing board of a low performing school shall submit
265     the school turnaround plan to the board for approval.
266          (c) If the charter school governing board does not approve the school turnaround plan
267     submitted under Subsection [(7)] (9)(a), the school turnaround committee may appeal the
268     disapproval in accordance with rules made by the board as described in Subsection
269     53A-1-1206[(5)](6).
270          (10) The provisions of this part do not modify or limit a charter school authorizer's
271     authority at any time to terminate a charter school's charter in accordance with Section
272     53A-1a-510.
272a     Ĥ→ (11) A charter school governing board or a charter school governing board's designee
272b     shall annually report to the board progress toward the goals, benchmarks, and timetable in a
272c     low performing school's turnaround plan. ←Ĥ
273          Section 5. Section 53A-1-1206 is amended to read:
274          53A-1-1206. State Board of Education to identify turnaround experts -- Review
275     and approval of school turnaround plans -- Appeals process.
276          (1) [On or before August 30, the] The board shall identify two or more approved
277     independent school turnaround experts, through a [request for proposals] standard procurement
278     process, that a low performing school may [select from to partner] contract with to:
279          (a) respond to the needs assessment conducted under Section 53A-1-1203; and
280          (b) provide the services described in Section 53A-1-1204 or 53A-1-1205, as applicable.
281          [(a) collect and analyze data on the low performing school's student achievement,
282     personnel, culture, curriculum, assessments, instructional practices, governance, leadership,
283     finances, and policies;]
284          [(b) recommend changes to the low performing school's culture, curriculum,
285     assessments, instructional practices, governance, finances, policies, or other areas based on data
286     collected under Subsection (1)(a);]
287          [(c) develop and implement, in partnership with the school turnaround committee, a
288     school turnaround plan that meets the criteria described in Subsection 53A-1-1204(3);]
289          [(d) monitor the effectiveness of a school turnaround plan through reliable means of
290     evaluation, including on-site visits, observations, surveys, analysis of student achievement data,
291     and interviews;]
292          [(e) provide ongoing implementation support and project management for a school
293     turnaround plan;]
294          [(f) provide high-quality professional development personalized for school staff that is
295     designed to build the:]
296          [(i) leadership capacity of the school principal; and]
297          [(ii) instructional capacity of school staff; and]
298          [(g) leverage support from community partners to coordinate an efficient delivery of
299     supports to students both inside and outside the classroom.]
300          (2) In identifying independent school turnaround experts under Subsection (1), the
301     board shall identify experts that:
302          (a) have a credible track record of improving student academic achievement in public
303     schools with various demographic characteristics, as measured by statewide assessments;
304          (b) have experience designing, implementing, and evaluating data-driven instructional
305     systems in public schools;
306          (c) have experience coaching public school administrators and teachers on designing
307     data-driven school improvement plans;
308          (d) have experience working with the various education entities that govern public
309     schools;
310          (e) have experience delivering high-quality professional development in instructional
311     effectiveness to public school administrators and teachers; and
312          [(f) are willing to be compensated for professional services based on performance as
313     described in Subsection (3); and]
314          [(g)] (f) are willing to partner with any low performing school in the state, regardless of
315     location.
316          [(3) (a) When awarding a contract to an independent school turnaround expert selected
317     by a local school board under Subsection 53A-1-1204(2) or by a charter school governing
318     board under Subsection 53A-1-1205(4)(b), the board shall ensure that a contract between the
319     board and the independent school turnaround expert specifies that the board will:]
320          [(i) pay an independent school turnaround expert no more than 50% of the expert's
321     professional fees at the beginning of the independent school turnaround expert's work for the
322     low performing school; and]
323          [(ii) pay the remainder of the independent school turnaround expert's professional fees
324     upon completion of the independent school turnaround expert's work for the low performing
325     school if:]
326          [(A) the independent school turnaround expert fulfills the terms of the contract; and]
327          [(B) the low performing school's grade improves by at least one letter grade, as
328     determined by the board under Subsection (3)(b).]
329          [(b) The board shall determine whether a low performing school's grade has improved
330     under Subsection (3)(a)(ii) by comparing the school's letter grade for the school year prior to
331     the initial remedial year to the school's letter grade:]
332          [(i) for the final remedial year; or]
333          [(ii) for the last school year of the extension period if, as described in Section
334     53A-1-1207:]
335          [(A) a school is granted an extension; and]
336          [(B) the board extends the contract of the school's independent school turnaround
337     expert.]
338          [(c) In negotiating a contract with an independent school turnaround expert, the board
339     shall offer:]
340          [(i) differentiated amounts of funding based on student enrollment; and]
341          [(ii) a higher amount of funding for schools that are in the lowest performing 1% of
342     schools statewide according to the percentage of possible points earned under the school
343     grading system.]
344          [(4)] (3) (a) The board shall:
345          (i) review a proposal submitted for approval under Section 53A-17a-1204 or
346     53A-17a-1205 no later than 30 days after the day on which the proposal is submitted;
347          [(a)] (ii) review a school turnaround plan submitted for approval under Subsection
348     53A-1-1204[(5)](7)(b) or under Subsection 53A-1-1205[(7)](9)(b) within 30 days of
349     submission; and
350          [(b)] (iii) approve a school turnaround plan that:
351          [(i)] (A) is timely;
352          [(ii)] (B) is well-developed; and
353          [(iii)] (C) meets the criteria described in Subsection 53A-1-1204[(3); and](5).
354          [(c) subject to legislative appropriations, provide funding to a low performing school
355     for interventions identified in an approved school turnaround plan if the local school board or
356     charter school governing board provides matching funds or an in-kind contribution of goods or
357     services in an amount equal to the funding the low performing school would receive from the
358     board.]
359          (b) The board may not approve a school turnaround plan that is not aligned with the
360     needs assessment conducted under Section 53A-1-1203.
361          (4) (a) Subject to legislative appropriations, when a school turnaround plan is approved
362     by the board, the board shall distribute funds to each local education board with a low
363     performing school to carry out the provisions of Sections 53A-1-1204 and 53A-1-1205.
364          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
365     board shall make rules establishing a distribution method and allowable uses of the funds
366     described in Subsection (4)(a).
367          (5) The board shall:
368          (a) monitor and assess progress toward the goals, benchmarks and timetable in each
369     school turnaround plan; and
370          (b) act as a liaison between a local school board, low performing school, and
371     turnaround expert.
372          [(5)] (6) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
373     Act, the board shall make rules to establish an appeals process for:
374          (i) a low performing district school that is not granted approval from the district
375     school's local school board under Subsection 53A-1-1204[(5)](7)(b);
376          (ii) a low performing charter school that is not granted approval from the charter
377     school's charter school governing board under Subsection 53A-1-1205[(7)](9)(b); and
378          (iii) a local school board or charter school governing board that is not granted approval
379     from the board under Subsection [(4)] (3)(a) or (b).
380          (b) The board shall ensure that rules made under Subsection [(5)] (6)(a) require an
381     appeals process described in:
382          (i) Subsections [(5)] (6)(a)(i) and (ii) to be resolved on or before [April] July 1 of the
383     initial remedial year; and
384          (ii) Subsection [(5)] (6)(a)(iii) to be resolved on or before [May] August 15 of the
385     initial remedial year.
386          [(6) (a) Subject to Subsection (6)(b), the board shall balance the need to prioritize
387     funding appropriated by the Legislature to carry out the provisions of this part to contract with
388     highly qualified independent school turnaround experts with the need to fund:]
389          [(i) interventions to facilitate the implementation of a school turnaround plan under
390     Subsection (4)(c);]
391          [(ii) the School Recognition and Reward Program created under Section 53A-1-1208;
392     and]
393          [(iii) the School Leadership Development Program created under Section 53A-1-1209.]
394          [(b) The board may use up to 4% of the funds appropriated by the Legislature to carry
395     out the provisions of this part for administration if the amount for administration is approved by
396     the board in an open meeting.]
397          (7) The board may use up to 4% of the funds appropriated by the Legislature to carry
398     out the provisions of this part for administration if the amount for administration is approved by
399     the board in an open meeting.
400          Section 6. Section 53A-1-1207 is amended to read:
401          53A-1-1207. Implications for failing to improve school performance.
402          (1) As used in this section, "high performing charter school" means a charter school
403     that:
404          (a) satisfies all requirements of state law and board rules;
405          (b) meets or exceeds standards for student achievement established by the charter
406     school's charter school authorizer; and
407          (c) has received at least a "B" grade under the school grading system in the previous
408     two school years.
409          (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
410     the board shall make rules establishing:
411          (i) exit criteria for a low performing school;
412          (ii) criteria for granting a school an extension as described in Subsection (3); and
413          (iii) implications for a low performing school that does not meet exit criteria after the
414     school's final remedial year or the last school year of the extension period described in
415     Subsection (3).
416          (b) In establishing exit criteria for a low performing school the board shall:
417          (i) determine for each low performing school the number of points awarded under the
418     school grading system in the final remedial year that represent a substantive and statistically
419     significant improvement over the number of points awarded under the school grading system in
420     the school year immediately preceding the initial remedial year;
421          (ii) establish a method to estimate the exit criteria after a low performing school's first
422     remedial year to provide a target for each low performing school; and
423          (iii) use generally accepted statistical practices.
424          (c) The board shall through a competitively awarded contract engage a third party with
425     expertise in school accountability and assessments to verify the criteria adopted under this
426     Subsection (2).
427          [(2)] (3) (a) A low performing school may petition the board for an extension to
428     continue school improvement efforts for up to two years if the low performing [school's grade
429     does not improve by at least one letter grade, as determined by comparing the school's letter
430     grade for the school year prior to the initial remedial year to the school's letter grade for the
431     final remedial year.] school does not meet the exit criteria established by the board as described
432     in Subsection (2).
433          [(b) The board may only grant an extension under Subsection (2)(a) if the low
434     performing school has increased the number of points awarded under the school grading system
435     by at least:]
436          [(i) 25% for a school that is not a high school; and]
437          [(ii) 10% for a high school.]
438          [(c) The board shall determine whether a low performing school has increased the
439     number of points awarded under the school grading system by the percentages described in
440     Subsection (2)(b) by comparing the number of points awarded for the school year prior to the
441     initial remedial year to the number of points awarded for the final remedial year.]
442          [(d) The board may extend the contract of an independent school turnaround expert of
443     a low performing school that is granted an extension under this Subsection (2).]
444          [(e)] (b) A school that has been granted an extension under this Subsection [(2)] (3) is
445     eligible for:
446          (i) continued funding under [Subsection 53A-1-1206(4)(c)] Section 53A-1-1212; and
447          (ii) (A) the school teacher recruitment and retention incentive under Section
448     53A-1-1208.1; or
449          [(ii)] (B) the School Recognition and Reward Program under Section 53A-1-1208.
450          [(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
451     board shall make rules establishing consequences for a low performing school that:]
452          [(a) (i) does not improve the school's grade by at least one letter grade, as determined
453     by comparing the school's letter grade for the school year prior to the initial remedial year to the
454     school's letter grade for the final remedial year; and]
455          [(ii) is not granted an extension under Subsection (2); or]
456          [(b) (i) is granted an extension under Subsection (2); and]
457          [(ii) does not improve the school's grade by at least one letter grade, as determined by
458     comparing the school's letter grade for the school year prior to the initial remedial year to the
459     school's letter grade for the last school year of the extension period.]
460          [(4) The board shall ensure that the rules established under Subsection (3) include a
461     mechanism for:]
462          (4) If a low performing school does not meet exit criteria after the school's final
463     remedial year or the last school year of the extension period, the board may intervene by:
464          (a) restructuring a district school [that], which may include:
465          (i) contract management;
466          (ii) conversion to a charter school; or
467          (iii) state takeover; [and]
468          (b) restructuring a charter school [that may include] by:
469          (i) [termination of] terminating a school's charter;
470          (ii) [closure of] closing a charter school; or
471          (iii) transferring operation and control of the charter school to:
472          (A) a high performing charter school; or
473          (B) the school district in which the charter school is located[.]; or
474          (c) other appropriate action as determined by the board.
475          Section 7. Section 53A-1-1208 is amended to read:
476          53A-1-1208. School Recognition and Reward Program.
477          (1) As used in this section, "eligible school" means a low performing school that:
478          (a) was designated as a low performing school based on 2014-2015 school year
479     performance; and
480          [(a)] (b) (i) improves the school's grade by at least one letter grade, as determined by
481     comparing the school's letter grade for the school year prior to the initial remedial year to the
482     school's letter grade for the final remedial year; or
483          [(b) (i)] (ii) (A) has been granted an extension under Subsection 53A-1-1207[(2)](3);
484     and
485          [(ii)] (B) improves the school's grade by at least one letter grade, as determined by
486     comparing the school's letter grade for the school year prior to the initial remedial year to the
487     school's letter grade for the last school year of the extension period.
488          (2) The School Recognition and Reward Program is created to provide incentives to
489     schools and educators to improve the school grade of a low performing school.
490          (3) Subject to appropriations by the Legislature, upon the release of school grades by
491     the board, the board shall distribute a reward equal to:
492          (a) for an eligible school that improves the eligible school's grade one letter grade:
493          (i) $100 per tested student; and
494          (ii) $1,000 per educator;
495          (b) for an eligible school that improves the eligible school's grade two letter grades:
496          (i) $200 per tested student; and
497          (ii) $2,000 per educator;
498          (c) for an eligible school that improves the eligible school's grade three letter grades:
499          (i) $300 per tested student; and
500          (ii) $3,000 per educator; and
501          (d) for an eligible school that improves the eligible school's grade four letter grades:
502          (i) $500 per tested student; and
503          (ii) $5,000 per educator.
504          (4) The principal of an eligible school that receives a reward under Subsection (3), in
505     consultation with the educators at the eligible school, may determine how to use the money in
506     the best interest of the school, including providing bonuses to educators.
507          (5) If the number of qualifying eligible schools exceeds available funds, the board may
508     reduce the amounts specified in Subsection (3).
509          (6) A local school board of an eligible school, in coordination with the eligible school's
510     turnaround committee, may elect to receive a reward under this section or receive funds
511     described in Section 53A-1-1208.1 but not both.
512          Section 8. Section 53A-1-1208.1 is enacted to read:
513          53A-1-1208.1. Turnaround school teacher recruitment and retention.
514          (1) As used in this section, "plan" means a teacher recruitment and retention plan.
515          (2) On a date specified by the board, a local education board of a low performing
516     school shall submit to the board for review and approval a plan to address teacher recruitment
517     and retention in a low performing school.
518          (3) The board shall:
519          (a) review a plan submitted under Subsection (2);
520          (b) approve a plan if the plan meets criteria established by the board in rules made in
521     accordance with Chapter 63G, Chapter 3, Utah Administrative Rulemaking Act; and
522          (c) subject to legislative appropriations, provide funding to a local education board for
523     teacher recruitment and retention efforts identified in an approved plan if the local education
524     board provides matching funds in an amount equal to at least the funding the low performing
525     school would receive from the board.
526          (4) The money distributed under this section may only be expended to fund teacher
527     recruitment and retention efforts identified in an approved plan.
528          Section 9. Section 63I-2-253 is amended to read:
529          63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
530          (1) Section 53A-1-403.5 is repealed July 1, 2017.
531          (2) Section 53A-1-411 is repealed July 1, 2017.
532          (3) Section 53A-1-709 is repealed July 1, 2020.
533          (4) Subsection 53A-1-1207(3)(b)(ii)(B) is repealed July 1, 2020.
534          (5) Section 53A-1-1208 is repealed July 1, 2020.
535          [(4)] (6) Subsection 53A-1a-513(4) is repealed July 1, 2017.
536          [(5)] (7) Section 53A-1a-513.5 is repealed July 1, 2017.
537          [(6)] (8) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.
538          [(7)] (9) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
539     repealed July 1, 2017.
540          [(8)] (10) Sections 53A-24-601 and 53A-24-602 are repealed January 1, 2018.
541          [(9)] (11) (a) Subsections 53B-2a-103(2) and (4) are repealed July 1, 2019.
542          (b) When repealing Subsections 53B-2a-103(2) and (4), the Office of Legislative
543     Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
544     make necessary changes to subsection numbering and cross references.
545          [(10)] (12) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project,
546     is repealed July 1, 2023.
547          Section 10. Coordinating S.B. 234 with S.B. 220 -- Substantive and technical
548     amendments.
549          If this S.B. 234 and S.B. 220, Student Assessment and School Accountability
550     Amendments, both pass and become law, it is the intent of the Legislature that the Office
551     Legislative Research and General Counsel prepare the Utah Code database for publication as
552     follows:
553          (1) Subsection 53A-1-1202(11) be amended to read:
554          "[(7)] (11) "Low performing school" means a district school or charter school that has
555     been designated a low performing school by the board because the school is:
556          (a) for two consecutive school years in the lowest performing 3% of schools statewide
557     according to the percentage of possible points earned under the school [grading] accountability
558     system; and
559          (b) a low performing school according to other outcome-based measures as may be
560     defined in rules made by the board in accordance with Title 63G, Chapter 3, Utah
561     Administrative Rulemaking Act.";
562          (2) Section 53A-1-1203 be amended to read:
563          "(1) [On or before September 1] Except as provided in Subsection (4), the board shall:
564          (a) annually designate a school as a low performing school [if the school is:]; and
565          (b) conduct a needs assessment for a low performing school by thoroughly analyzing
566     the root causes of the low performing school's low performance.
567          [(1) in the lowest performing 3% of schools statewide according to the percentage of
568     possible points earned under the school grading system; and]
569          [(2) a low performing school according to other outcome-based measures as may be
570     defined in rules made by the board in accordance with Title 63G, Chapter 3, Utah
571     Administrative Rulemaking Act.]
572          (2) The board may use up to 5% of the appropriation provided under this part to hire or
573     contract with one or more individuals to conduct a needs assessment described in Subsection
574     (1)(b).
575          (3) A school that was designated as a low performing school based on 2015-2016
576     school year performance that is not in the lowest performing 3% of schools statewide following
577     the 2016-2017 school year is exempt from the provisions of this part.
578          (4) The board is not required to designate as a low performing school a school for
579     which the board is not required to assign an overall rating in accordance with Section
580     53A-1-1105."; and
581          (3) Subsection 53A-1-1207(2)(b) be modified to read:
582          "(b) In establishing exit criteria for a low performing school the board shall:
583          (i) determine for each low performing school the number of points awarded under the
584     school accountability system in the final remedial year that represent a substantive and
585     statistically significant improvement over the number of points awarded under the school
586     accountability system in the school year immediately preceding the initial remedial year;
587          (ii) establish a method to estimate the exit criteria after a low performing school's first
588     remedial year to provide a target for each low performing school; and
589          (iii) use generally accepted statistical practices.".