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;
14 ▸ amends provisions related to public education reports and data; and
15 ▸ makes technical and conforming changes.
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 53A-1-301, as last amended by Laws of Utah 2016, Chapter 348
23 53A-3-403, as last amended by Laws of Utah 2004, Chapter 206
24 53A-6-105, as last amended by Laws of Utah 2016, Chapter 144
25 53A-17a-153, as last amended by Laws of Utah 2010, Chapter 3
26 53A-17a-165, as last amended by Laws of Utah 2015, Chapter 258
27 53A-17a-166, as enacted by Laws of Utah 2011, Chapter 359
28 53A-17a-168, as enacted by Laws of Utah 2012, Chapter 188
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 53A-1-301 is amended to read:
32 53A-1-301. Appointment -- Qualifications -- Duties.
33 (1) (a) The State Board of Education shall appoint a superintendent of public
34 instruction, hereinafter called the state superintendent, who is the executive officer of the
37 (b) The [
38 basis of outstanding professional qualifications.
39 (c) The state superintendent shall administer all programs assigned to the State Board
40 of Education in accordance with the policies and the standards established by the [
41 Board of Education.
42 (2) The State Board of Education shall, with the [
43 develop a statewide education strategy focusing on core academics, including the development
45 (a) core standards for Utah public schools and graduation requirements;
46 (b) a process to select model instructional materials that best correlate [
47 core standards for Utah public schools and graduation requirements that are supported by
48 generally accepted scientific standards of evidence;
49 (c) professional development programs for teachers, superintendents, and principals;
50 (d) model remediation programs;
51 (e) a model method for creating individual student learning targets, and a method of
52 measuring an individual student's performance toward those targets;
53 (f) progress-based assessments for ongoing performance evaluations of school districts
54 and schools;
55 (g) incentives to achieve the desired outcome of individual student progress in core
57 (h) an annual report card for school and school district performance, measuring
58 learning and reporting progress-based assessments;
59 (i) a systematic method to encourage innovation in schools and school districts as [
61 (j) a method for identifying and sharing best demonstrated practices across school
62 districts and schools.
63 (3) The state superintendent shall perform duties assigned by the [
64 of Education, including [
65 (a) investigating all matters pertaining to the public schools;
66 (b) adopting and keeping an official seal to authenticate the state superintendent's
67 official acts;
68 (c) holding and conducting meetings, seminars, and conferences on educational topics;
69 (d) presenting to the governor and the Legislature each December a report of the public
70 school system for the preceding year [
71 (i) data on the general condition of the schools with recommendations considered
72 desirable for specific programs;
73 (ii) a complete statement of fund balances;
74 (iii) a complete statement of revenues by fund and source;
75 (iv) a complete statement of adjusted expenditures by fund, the status of bonded
76 indebtedness, the cost of new school plants, and school levies;
77 (v) a complete statement of state funds allocated to each school district and charter
78 school by source, including supplemental appropriations, and a complete statement of
79 expenditures by each school district and charter school, including supplemental appropriations,
80 by function and object as outlined in the United States Department of Education publication
81 "Financial Accounting for Local and State School Systems";
89 (A) fall enrollments;
90 (B) average membership;
91 (C) high school graduates;
92 (D) licensed and classified employees, including data reported by school districts on
93 educator ratings pursuant to Section 53A-8a-410;
94 (E) pupil-teacher ratios;
95 (F) average class sizes calculated in accordance with State Board of Education rules
96 adopted under Subsection 53A-3-602.5(4);
97 (G) average salaries;
98 (H) applicable private school data; and
99 (I) data from standardized norm-referenced tests in grades 5, 8, and 11 on each school
100 and school district;
102 schools or at school-related activities with separate categories for:
103 (A) alcohol and drug abuse;
104 (B) weapon possession;
105 (C) assaults; and
106 (D) arson;
108 (A) the development and implementation of the strategy of focusing on core
110 (B) the development and implementation of competency-based education and
111 progress-based assessments; and
112 (C) the results being achieved under Subsections (3)(d)[
113 measured by individual progress-based assessments and a comparison of Utah students'
114 progress with the progress of students in other states using standardized norm-referenced tests
115 as benchmarks; and
117 that the state superintendent considers pertinent;
118 (e) collecting and organizing education data into an automated decision support system
119 to facilitate school district and school improvement planning, accountability reporting,
120 performance recognition, and the evaluation of educational policy and program effectiveness to
122 (i) data that are:
123 (A) comparable across schools and school districts;
124 (B) appropriate for use in longitudinal studies; and
125 (C) comprehensive with regard to the data elements required under applicable state or
126 federal law or [
127 (ii) features that enable users, most particularly school administrators, teachers, and
128 parents, to:
129 (A) retrieve school and school district level data electronically;
130 (B) interpret the data visually; and
131 (C) draw conclusions that are statistically valid; and
132 (iii) procedures for the collection and management of education data that:
133 (A) require the state superintendent [
134 (I) collaborate with school districts and charter schools in designing and implementing
135 uniform data standards and definitions;
136 (II) undertake or sponsor research to implement improved methods for analyzing
137 education data;
138 (III) provide for data security to prevent unauthorized access to or contamination of the
139 data; and
140 (IV) protect the confidentiality of data under state and federal privacy laws; and
141 (B) require all school districts and schools to comply with the data collection and
142 management procedures established under Subsection (3)(e);
143 (f) administering and implementing federal educational programs in accordance with
144 Title 53A, Chapter 1, Part 9, Implementing Federal or National Education Programs Act; and
145 (g) with the approval of the [
146 submitting to the governor a budget for the [
147 the budget that the governor submits to the Legislature.
148 (4) The state superintendent shall distribute funds deposited in the Autism Awareness
149 Restricted Account created in Section 53A-1-304 in accordance with the requirements of
150 Section 53A-1-304.
151 (5) Upon leaving office, the state superintendent shall deliver to the state
152 superintendent's successor all books, records, documents, maps, reports, papers, and other
153 articles pertaining to the state superintendent's office.
154 (6) (a) For the [
155 (i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
156 students enrolled in a school by the number of full-time equivalent teachers assigned to the
157 school, including regular classroom teachers, school-based specialists, and special education
159 (ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
160 the schools within a school district;
161 (iii) the pupil-teacher ratio for charter schools aggregated shall be the median
162 pupil-teacher ratio of charter schools in the state; and
163 (iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
164 pupil-teacher ratio of public schools in the state.
165 (b) The printed copy of the report required by Subsection (3)(d) shall:
166 (i) include the pupil-teacher ratio for:
167 (A) each school district;
168 (B) the charter schools aggregated; and
169 (C) the state's public schools aggregated; and
170 (ii) indicate [
171 state may be accessed.
172 Section 2. Section 53A-3-403 is amended to read:
173 53A-3-403. School district or charter school fiscal year -- Statistical reports.
174 (1) A school district's or charter school's fiscal year begins on July 1 and ends on June
176 (2) (a) [
177 preceding school year, containing items required by law or by the State Board of Education, to
178 the state superintendent [
179 (b) The reports shall include information to enable the state superintendent to complete
180 the statement required under Subsection 53A-1-301(3)(d)(v).
181 (3) [
182 required under Section 51-2a-201 to the state superintendent [
183 October 15 of each year.
191 Section 3. Section 53A-6-105 is amended to read:
192 53A-6-105. Licensing fees -- Credit to subfund -- Payment of expenses.
193 (1) The board shall levy a fee for each new, renewed, or reinstated license or
194 endorsement in accordance with Section 63J-1-504.
195 (2) Fee payments are credited to the Professional Practices Restricted Subfund in the
196 Uniform School Fund.
197 (3) The board shall pay the expenses of issuing licenses and of UPPAC operations, and
198 the costs of collecting license fees from the restricted subfund.
202 Section 4. Section 53A-17a-153 is amended to read:
203 53A-17a-153. Educator salary adjustments.
204 (1) As used in this section, "educator" means a person employed by a school district,
205 charter school, or the Utah Schools for the Deaf and the Blind who holds:
206 (a) a license issued under Title 53A, Chapter 6, Educator Licensing and Professional
207 Practices Act; and
208 (b) a position as a:
209 (i) classroom teacher;
210 (ii) speech pathologist;
211 (iii) librarian or media specialist;
212 (iv) preschool teacher;
213 (v) mentor teacher;
214 (vi) teacher specialist or teacher leader;
215 (vii) guidance counselor;
216 (viii) audiologist;
217 (ix) psychologist; or
218 (x) social worker.
219 (2) In recognition of the need to attract and retain highly skilled and dedicated
220 educators, the Legislature shall annually appropriate money for educator salary adjustments,
221 subject to future budget constraints.
222 (3) Money appropriated to the State Board of Education for educator salary
223 adjustments shall be distributed to school districts, charter schools, and the Utah Schools for
224 the Deaf and the Blind in proportion to the number of full-time-equivalent educator positions
225 in a school district, a charter school, or the Utah Schools for the Deaf and the Blind as
226 compared to the total number of full-time-equivalent educator positions in school districts,
227 charter schools, and the Utah Schools for the Deaf and the Blind.
228 (4) [
229 Utah Schools for the Deaf and the Blind shall award bonuses to educators as follows:
230 (a) the amount of the salary adjustment shall be the same for each full-time-equivalent
231 educator position in the school district, charter school, or the Utah Schools for the Deaf and the
233 (b) [
234 adjustment based on the number of hours the [
235 (c) a salary [
236 who [
246 section, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
248 sufficient money each year to:
249 (i) maintain educator salary adjustments provided in prior years; and
250 (ii) provide educator salary adjustments to new employees.
251 (b) Money appropriated for educator salary adjustments shall include money for the
252 following employer-paid benefits:
253 (i) retirement;
254 (ii) worker's compensation;
255 (iii) social security; and
256 (iv) Medicare.
258 (i) maintain the salary adjustments provided to school administrators in the 2007-08
259 school year; and
260 (ii) provide salary adjustments for new school administrators in the same amount as
261 provided for existing school administrators.
262 (b) The appropriation provided for educator salary adjustments shall include salary
263 adjustments for school administrators as specified in Subsection [
264 (c) In distributing and awarding salary adjustments for school administrators, the State
265 Board of Education, [
266 the Utah Schools for the Deaf and the Blind shall comply with the requirements for the
267 distribution and award of educator salary adjustments as provided in Subsections (3) and (4).
268 Section 5. Section 53A-17a-165 is amended to read:
269 53A-17a-165. Enhancement for Accelerated Students Program.
270 (1) As used in this section, "eligible low-income student" means a student who:
271 (a) takes an Advanced Placement test;
272 (b) has applied for an Advanced Placement test fee reduction; and
273 (c) qualifies for a free lunch or a lunch provided at reduced cost.
274 (2) The State Board of Education shall distribute money appropriated for the
275 Enhancement for Accelerated Students Program to school districts and charter schools
276 according to a formula adopted by the State Board of Education, after consultation with school
277 districts and charter schools.
278 (3) A distribution formula adopted under Subsection (2) may include an allocation of
279 money for:
280 (a) Advanced Placement courses;
281 (b) Advanced Placement test fees of eligible low-income students;
282 (c) gifted and talented programs, including professional development for teachers of
283 high ability students; and
284 (d) International Baccalaureate programs.
285 (4) The greater of 1.5% or $100,000 of the appropriation for the Enhancement for
286 Accelerated Students Program may be allowed for International Baccalaureate programs.
287 (5) A school district or charter school shall use money distributed under this section to
288 enhance the academic growth of students whose academic achievement is accelerated.
289 (6) [
290 the effectiveness of the Enhancement for Accelerated Students Program [
296 Section 6. Section 53A-17a-166 is amended to read:
297 53A-17a-166. Enhancement for At-Risk Students Program.
298 (1) (a) Subject to the requirements of Subsection (1)(b), the State Board of Education
299 shall distribute money appropriated for the Enhancement for At-Risk Students Program to
300 school districts and charter schools according to a formula adopted by the State Board of
301 Education, after consultation with school districts and charter schools.
302 (b) (i) The State Board of Education shall appropriate $1,200,000 from the
303 appropriation for Enhancement for At-Risk Students for a gang prevention and intervention
304 program designed to help students at-risk for gang involvement stay in school.
305 (ii) Money for the gang prevention and intervention program shall be distributed to
306 school districts and charter schools through a request for proposals process.
307 (2) In establishing a distribution formula under Subsection (1)(a), the State Board of
308 Education shall use the following criteria:
309 (a) low performance on U-PASS tests;
310 (b) poverty;
311 (c) mobility; and
312 (d) limited English proficiency.
313 (3) A school district or charter school shall use money distributed under this section to
314 improve the academic achievement of students who are at risk of academic failure.
315 (4) The State Board of Education shall develop performance criteria to measure the
316 effectiveness of the Enhancement for At-Risk Students Program [
318 Section 7. Section 53A-17a-168 is amended to read:
319 53A-17a-168. Appropriation for Title 1 Schools in Improvement Paraeducators
321 (1) As used in this section:
322 (a) "Eligible school" means a Title 1 school that has not achieved adequate yearly
323 progress, as defined in the No Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq. in
324 the same subject area for two consecutive years.
325 (b) "Paraeducator" means a school employee who:
326 (i) delivers instruction under the direct supervision of a teacher; and
327 (ii) meets the requirements under Subsection (3).
328 (c) "Program" means the Title 1 Schools in Improvement Paraeducators Program
329 created in this section.
330 (2) The program is created to provide funding for eligible schools to hire paraeducators
331 to provide additional instructional aid in the classroom to assist students in achieving academic
332 success and assist the school in exiting Title 1 school improvement status.
333 (3) A paraeducator who is funded under this section shall have:
334 (a) earned a secondary school diploma or a recognized equivalent;
335 (b) (i) completed at least two years with a minimum of 48 semester hours at an
336 accredited higher education institution;
337 (ii) obtained an associates or higher degree from an accredited higher education
338 institution; or
339 (iii) satisfied a rigorous state or local assessment about the individual's knowledge of,
340 and ability to assist in instructing students in, reading, writing, and mathematics; and
341 (c) received large group-, small group-, and individual-level professional development
342 that is intensive and focused and covers curriculum, instruction, assessment, classroom and
343 behavior management, and teaming.
344 (4) The State Board of Education shall distribute money appropriated for the program
345 to eligible schools, in accordance with rules adopted by the board.
346 (5) Funds appropriated under the program may not be used to supplant other money
347 used for paraeducators at eligible schools.