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; and
14 ▸ makes technical and conforming changes.
15 Money Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 53A-1-301, as last amended by Laws of Utah 2016, Chapter 348
22 53A-3-403, as last amended by Laws of Utah 2004, Chapter 206
23 53A-6-105, as last amended by Laws of Utah 2016, Chapter 144
24 53A-17a-153, as last amended by Laws of Utah 2010, Chapter 3
25 53A-17a-165, as last amended by Laws of Utah 2015, Chapter 258
26 53A-17a-166, as enacted by Laws of Utah 2011, Chapter 359
27 53A-17a-168, as enacted by Laws of Utah 2012, Chapter 188
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 53A-1-301 is amended to read:
31 53A-1-301. Appointment -- Qualifications -- Duties.
32 (1) (a) The State Board of Education shall appoint a superintendent of public
33 instruction, hereinafter called the state superintendent, who is the executive officer of the
36 (b) The [
37 basis of outstanding professional qualifications.
38 (c) The state superintendent shall administer all programs assigned to the State Board
39 of Education in accordance with the policies and the standards established by the [
40 Board of Education.
41 (2) The State Board of Education shall, with the [
42 develop a statewide education strategy focusing on core academics, including the development
44 (a) core standards for Utah public schools and graduation requirements;
45 (b) a process to select model instructional materials that best correlate [
46 core standards for Utah public schools and graduation requirements that are supported by
47 generally accepted scientific standards of evidence;
48 (c) professional development programs for teachers, superintendents, and principals;
49 (d) model remediation programs;
50 (e) a model method for creating individual student learning targets, and a method of
51 measuring an individual student's performance toward those targets;
52 (f) progress-based assessments for ongoing performance evaluations of school districts
53 and schools;
54 (g) incentives to achieve the desired outcome of individual student progress in core
56 (h) an annual report card for school and school district performance, measuring
57 learning and reporting progress-based assessments;
58 (i) a systematic method to encourage innovation in schools and school districts as [
60 (j) a method for identifying and sharing best demonstrated practices across school
61 districts and schools.
62 (3) The state superintendent shall perform duties assigned by the [
63 of Education, including [
64 (a) investigating all matters pertaining to the public schools;
65 (b) adopting and keeping an official seal to authenticate the state superintendent's
66 official acts;
67 (c) holding and conducting meetings, seminars, and conferences on educational topics;
68 (d) presenting to the governor and the Legislature each December a report of the public
69 school system for the preceding year [
70 (i) data on the general condition of the schools with recommendations considered
71 desirable for specific programs;
72 (ii) a complete statement of fund balances;
73 (iii) a complete statement of revenues by fund and source;
74 (iv) a complete statement of adjusted expenditures by fund, the status of bonded
75 indebtedness, the cost of new school plants, and school levies;
76 (v) a complete statement of state funds allocated to each school district and charter
77 school by source, including supplemental appropriations, and a complete statement of
78 expenditures by each school district and charter school, including supplemental appropriations,
79 by function and object as outlined in the United States Department of Education publication
80 "Financial Accounting for Local and State School Systems";
88 (A) fall enrollments;
89 (B) average membership;
90 (C) high school graduates;
91 (D) licensed and classified employees, including data reported by school districts on
92 educator ratings pursuant to Section 53A-8a-410;
93 (E) pupil-teacher ratios;
94 (F) average class sizes calculated in accordance with State Board of Education rules
95 adopted under Subsection 53A-3-602.5(4);
96 (G) average salaries;
97 (H) applicable private school data; and
98 (I) data from standardized norm-referenced tests in grades 5, 8, and 11 on each school
99 and school district;
101 schools or at school-related activities with separate categories for:
102 (A) alcohol and drug abuse;
103 (B) weapon possession;
104 (C) assaults; and
105 (D) arson;
107 (A) the development and implementation of the strategy of focusing on core
109 (B) the development and implementation of competency-based education and
110 progress-based assessments; and
111 (C) the results being achieved under Subsections (3)(d)[
112 measured by individual progress-based assessments and a comparison of Utah students'
113 progress with the progress of students in other states using standardized norm-referenced tests
114 as benchmarks; and
116 that the state superintendent considers pertinent;
117 (e) collecting and organizing education data into an automated decision support system
118 to facilitate school district and school improvement planning, accountability reporting,
119 performance recognition, and the evaluation of educational policy and program effectiveness to
121 (i) data that are:
122 (A) comparable across schools and school districts;
123 (B) appropriate for use in longitudinal studies; and
124 (C) comprehensive with regard to the data elements required under applicable state or
125 federal law or [
126 (ii) features that enable users, most particularly school administrators, teachers, and
127 parents, to:
128 (A) retrieve school and school district level data electronically;
129 (B) interpret the data visually; and
130 (C) draw conclusions that are statistically valid; and
131 (iii) procedures for the collection and management of education data that:
132 (A) require the state superintendent [
133 (I) collaborate with school districts in designing and implementing uniform data
134 standards and definitions;
135 (II) undertake or sponsor research to implement improved methods for analyzing
136 education data;
137 (III) provide for data security to prevent unauthorized access to or contamination of the
138 data; and
139 (IV) protect the confidentiality of data under state and federal privacy laws; and
140 (B) require all school districts and schools to comply with the data collection and
141 management procedures established under Subsection (3)(e);
142 (f) administering and implementing federal educational programs in accordance with
143 Title 53A, Chapter 1, Part 9, Implementing Federal or National Education Programs Act; and
144 (g) with the approval of the [
145 submitting to the governor a budget for the [
146 the budget that the governor submits to the Legislature.
147 (4) The state superintendent shall distribute funds deposited in the Autism Awareness
148 Restricted Account created in Section 53A-1-304 in accordance with the requirements of
149 Section 53A-1-304.
150 (5) Upon leaving office, the state superintendent shall deliver to the state
151 superintendent's successor all books, records, documents, maps, reports, papers, and other
152 articles pertaining to the state superintendent's office.
153 (6) (a) For the [
154 (i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
155 students enrolled in a school by the number of full-time equivalent teachers assigned to the
156 school, including regular classroom teachers, school-based specialists, and special education
158 (ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
159 the schools within a school district;
160 (iii) the pupil-teacher ratio for charter schools aggregated shall be the median
161 pupil-teacher ratio of charter schools in the state; and
162 (iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
163 pupil-teacher ratio of public schools in the state.
164 (b) The printed copy of the report required by Subsection (3)(d) shall:
165 (i) include the pupil-teacher ratio for:
166 (A) each school district;
167 (B) the charter schools aggregated; and
168 (C) the state's public schools aggregated; and
169 (ii) indicate [
170 state may be accessed.
171 Section 2. Section 53A-3-403 is amended to read:
172 53A-3-403. School district fiscal year -- Statistical reports.
173 (1) A school district's fiscal year begins on July 1 and ends on June 30.
174 (2) (a) [
175 year, containing items required by law or by the State Board of Education, to the state
176 superintendent [
177 (b) The reports shall include information to enable the state superintendent to complete
178 the statement required under Subsection 53A-1-301(3)(d)(v).
179 (3) [
180 51-2a-201 to the state superintendent [
188 Section 3. Section 53A-6-105 is amended to read:
189 53A-6-105. Licensing fees -- Credit to subfund -- Payment of expenses.
190 (1) The board shall levy a fee for each new, renewed, or reinstated license or
191 endorsement in accordance with Section 63J-1-504.
192 (2) Fee payments are credited to the Professional Practices Restricted Subfund in the
193 Uniform School Fund.
194 (3) The board shall pay the expenses of issuing licenses and of UPPAC operations, and
195 the costs of collecting license fees from the restricted subfund.
199 Section 4. Section 53A-17a-153 is amended to read:
200 53A-17a-153. Educator salary adjustments.
201 (1) As used in this section, "educator" means a person employed by a school district,
202 charter school, or the Utah Schools for the Deaf and the Blind who holds:
203 (a) a license issued under Title 53A, Chapter 6, Educator Licensing and Professional
204 Practices Act; and
205 (b) a position as a:
206 (i) classroom teacher;
207 (ii) speech pathologist;
208 (iii) librarian or media specialist;
209 (iv) preschool teacher;
210 (v) mentor teacher;
211 (vi) teacher specialist or teacher leader;
212 (vii) guidance counselor;
213 (viii) audiologist;
214 (ix) psychologist; or
215 (x) social worker.
216 (2) In recognition of the need to attract and retain highly skilled and dedicated
217 educators, the Legislature shall annually appropriate money for educator salary adjustments,
218 subject to future budget constraints.
219 (3) Money appropriated to the State Board of Education for educator salary
220 adjustments shall be distributed to school districts, charter schools, and the Utah Schools for
221 the Deaf and the Blind in proportion to the number of full-time-equivalent educator positions
222 in a school district, a charter school, or the Utah Schools for the Deaf and the Blind as
223 compared to the total number of full-time-equivalent educator positions in school districts,
224 charter schools, and the Utah Schools for the Deaf and the Blind.
225 (4) [
226 Utah Schools for the Deaf and the Blind shall award bonuses to educators as follows:
227 (a) the amount of the salary adjustment shall be the same for each full-time-equivalent
228 educator position in the school district, charter school, or the Utah Schools for the Deaf and the
230 (b) [
231 adjustment based on the number of hours the [
232 (c) a salary [
233 who [
243 section, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
245 sufficient money each year to:
246 (i) maintain educator salary adjustments provided in prior years; and
247 (ii) provide educator salary adjustments to new employees.
248 (b) Money appropriated for educator salary adjustments shall include money for the
249 following employer-paid benefits:
250 (i) retirement;
251 (ii) worker's compensation;
252 (iii) social security; and
253 (iv) Medicare.
255 (i) maintain the salary adjustments provided to school administrators in the 2007-08
256 school year; and
257 (ii) provide salary adjustments for new school administrators in the same amount as
258 provided for existing school administrators.
259 (b) The appropriation provided for educator salary adjustments shall include salary
260 adjustments for school administrators as specified in Subsection [
261 (c) In distributing and awarding salary adjustments for school administrators, the State
262 Board of Education, [
263 the Utah Schools for the Deaf and the Blind shall comply with the requirements for the
264 distribution and award of educator salary adjustments as provided in Subsections (3) and (4).
265 Section 5. Section 53A-17a-165 is amended to read:
266 53A-17a-165. Enhancement for Accelerated Students Program.
267 (1) As used in this section, "eligible low-income student" means a student who:
268 (a) takes an Advanced Placement test;
269 (b) has applied for an Advanced Placement test fee reduction; and
270 (c) qualifies for a free lunch or a lunch provided at reduced cost.
271 (2) The State Board of Education shall distribute money appropriated for the
272 Enhancement for Accelerated Students Program to school districts and charter schools
273 according to a formula adopted by the State Board of Education, after consultation with school
274 districts and charter schools.
275 (3) A distribution formula adopted under Subsection (2) may include an allocation of
276 money for:
277 (a) Advanced Placement courses;
278 (b) Advanced Placement test fees of eligible low-income students;
279 (c) gifted and talented programs, including professional development for teachers of
280 high ability students; and
281 (d) International Baccalaureate programs.
282 (4) The greater of 1.5% or $100,000 of the appropriation for the Enhancement for
283 Accelerated Students Program may be allowed for International Baccalaureate programs.
284 (5) A school district or charter school shall use money distributed under this section to
285 enhance the academic growth of students whose academic achievement is accelerated.
286 (6) [
287 the effectiveness of the Enhancement for Accelerated Students Program [
293 Section 6. Section 53A-17a-166 is amended to read:
294 53A-17a-166. Enhancement for At-Risk Students Program.
295 (1) (a) Subject to the requirements of Subsection (1)(b), the State Board of Education
296 shall distribute money appropriated for the Enhancement for At-Risk Students Program to
297 school districts and charter schools according to a formula adopted by the State Board of
298 Education, after consultation with school districts and charter schools.
299 (b) (i) The State Board of Education shall appropriate $1,200,000 from the
300 appropriation for Enhancement for At-Risk Students for a gang prevention and intervention
301 program designed to help students at-risk for gang involvement stay in school.
302 (ii) Money for the gang prevention and intervention program shall be distributed to
303 school districts and charter schools through a request for proposals process.
304 (2) In establishing a distribution formula under Subsection (1)(a), the State Board of
305 Education shall use the following criteria:
306 (a) low performance on U-PASS tests;
307 (b) poverty;
308 (c) mobility; and
309 (d) limited English proficiency.
310 (3) A school district or charter school shall use money distributed under this section to
311 improve the academic achievement of students who are at risk of academic failure.
312 (4) The State Board of Education shall develop performance criteria to measure the
313 effectiveness of the Enhancement for At-Risk Students Program [
315 Section 7. Section 53A-17a-168 is amended to read:
316 53A-17a-168. Appropriation for Title 1 Schools in Improvement Paraeducators
318 (1) As used in this section:
319 (a) "Eligible school" means a Title 1 school that has not achieved adequate yearly
320 progress, as defined in the No Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq. in
321 the same subject area for two consecutive years.
322 (b) "Paraeducator" means a school employee who:
323 (i) delivers instruction under the direct supervision of a teacher; and
324 (ii) meets the requirements under Subsection (3).
325 (c) "Program" means the Title 1 Schools in Improvement Paraeducators Program
326 created in this section.
327 (2) The program is created to provide funding for eligible schools to hire paraeducators
328 to provide additional instructional aid in the classroom to assist students in achieving academic
329 success and assist the school in exiting Title 1 school improvement status.
330 (3) A paraeducator who is funded under this section shall have:
331 (a) earned a secondary school diploma or a recognized equivalent;
332 (b) (i) completed at least two years with a minimum of 48 semester hours at an
333 accredited higher education institution;
334 (ii) obtained an associates or higher degree from an accredited higher education
335 institution; or
336 (iii) satisfied a rigorous state or local assessment about the individual's knowledge of,
337 and ability to assist in instructing students in, reading, writing, and mathematics; and
338 (c) received large group-, small group-, and individual-level professional development
339 that is intensive and focused and covers curriculum, instruction, assessment, classroom and
340 behavior management, and teaming.
341 (4) The State Board of Education shall distribute money appropriated for the program
342 to eligible schools, in accordance with rules adopted by the board.
343 (5) Funds appropriated under the program may not be used to supplant other money
344 used for paraeducators at eligible schools.
Legislative Review Note
Office of Legislative Research and General Counsel