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

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