This document includes House Committee Amendments incorporated into the bill on Tue, Feb 27, 2018 at 1:17 PM by lerror.



Chief Sponsor: Jefferson Moss

Senate Sponsor: Ann Millner


8     General Description:
9          This bill creates the program Utah Leading through Effective, Actionable, and Dynamic
10     Education.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends defined terms for the Utah Data Research Center; and
14          ▸     enacts Title 53E, Chapter 10, Part 7, ULEAD, including:
15               •     defining terms;
16               •     creating and defining the duties of the Director Selection Committee;
17               •     enacting the qualifications, duties, and functions of the ULEAD director
18     (director);
19               •     authorizing the director to collaborate or arrange with participating universities;
20               •     enacting language requiring the director to create and maintain electronic
21     resources and a research clearinghouse; and
22               •     creating and defining the duties of the ULEAD Steering Committee.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:

28     AMENDS:
29          35A-14-102, as enacted by Laws of Utah 2017, Chapter 375 and last amended by
30     Coordination Clause, Laws of Utah 2017, Chapter 382
31     ENACTS:
32          53E-10-701, Utah Code Annotated 1953
33          53E-10-702, Utah Code Annotated 1953
34          53E-10-703, Utah Code Annotated 1953
35          53E-10-704, Utah Code Annotated 1953
36          53E-10-705, Utah Code Annotated 1953
37          53E-10-706, Utah Code Annotated 1953
38          53E-10-707, Utah Code Annotated 1953

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 35A-14-102 is amended to read:
42          35A-14-102. Definitions.
43          As used in this chapter:
44          (1) "Advisory board" means the Utah Data Research Advisory Board created in Section
45     35A-14-203.
46          (2) "Center" means the Utah Data Research Center.
47          (3) "Data" means any information about a person stored in a physical or electronic
48     record.
49          (4) "Data research program" means the data maintained by the center in accordance
50     with Section 35A-14-301.
51          (5) "De-identified data" means data about a person that cannot, without additional
52     information, identify the person to another person or machine.
53          (6) "Director" means the director of the Workforce Research and Analysis Division.
54          (7) "Participating entity" means:
55          (a) the State Board of Education, which includes the director as defined in Section
56     53E-10-701;
57          (b) the State Board of Regents;
58          (c) the Utah System of Technical Colleges Board of Trustees;

59          (d) the Department of Workforce Services; and
60          (e) the Department of Health.
61          Section 2. Section 53E-10-701 is enacted to read:
Part 7. ULEAD

63          53E-10-701. Definitions.
64          As used in this part:
65          (1) "Board" means the State Board of Education.
66          (2) "Director" means the director of ULEAD appointed under this part.
67          (3) "Director Selection Committee" or "selection committee" means the committee
68     created in Section 53E-10-703 that appoints the director.
69          (4) "Local education agency" or "LEA" means a public:
70          (a) school district;
71          (b) school; or
72          (c) charter school.
73          (5) "Participating institution" means a public or private research institution that enters
74     into an arrangement with the director to provide research and other services described in this
75     part.
76          (6) "Research clearinghouse" means a collection of information maintained and
77     distributed by ULEAD in accordance with Section 53E-10-705.
78          (7) "Steering committee" means the committee that advises the director and is created
79     in Section 53E-10-706.
80          (8) "ULEAD" means Utah Leading through Effective, Actionable, and Dynamic
81     Education through the efforts of the director, participating institutions, and the steering
82     committee as described in this part.
83          Section 3. Section 53E-10-702 is enacted to read:
84          53E-10-702. ULEAD established -- Duties -- Funding.
85          There is created the Utah Leading through Effective, Actionable, and Dynamic
86     Education, a collaborative effort in research and innovation between the director, participating
87     institutions, and education leaders to:
88          (1) gather and explain current education research in an electronic research
89     clearinghouse for use by practitioners;

90          (2) initiate and disseminate research reports on innovative and successful practices by
91     Utah LEAs, and guided by the steering committee, practitioners, and policymakers;
92          (3) promote statewide innovation and collaboration by:
93          (a) identifying experts in areas of practice;
94          (b) conducting conferences, webinars, and online forums for practitioners; and
95          (c) facilitating direct collaboration between schools; and
96          (4) (a) report to the Legislature and policymakers on innovative and successful K-12
97     practices; and
98          (b) in the report, propose policy changes to remove barriers to implementation of
99     successful practices.
100          Section 4. Section 53E-10-703 is enacted to read:
101          53E-10-703. ULEAD director -- Qualification and employment -- Duties --
102     Reporting -- Annual conference.
103          (1) The ULEAD director shall:
104          (a) (i) hold a doctorate degree in education or an equivalent degree; and
105          (ii) have demonstrated experience in research and dissemination of best practices in
106     education; and
107          (b) (i) be a full-time employee; and
108          (ii) report to the state superintendent of public instruction.
109          (2) The state superintendent shall:
110          (a) evaluate the director's performance annually;
111          (b) report on the director's performance to the selection committee; and
112          (c) provide space for the director and the director's staff.
113          (3) The director may hire staff, using only money specifically appropriated to ULEAD.
114          (4) The director shall perform the following duties and functions:
115          (a) gather current research on innovative and effective practices in K-12 education for
116     use by policymakers and practitioners;
117          (b) facilitate collaboration between LEAs, higher education researchers, and
118     practitioners by:
119          (i) sharing innovative and effective practices shown to improve student learning;
120          (ii) identifying experts in specific areas of practice; and

121          (iii) maintaining a research clearinghouse and directory of researchers; and
122          (c) analyze barriers to replication or adaption of innovative and successful practices
123     studied by ULEAD or contributed to the ULEAD research clearinghouse.
124          (5) The director shall:
125          (a) prioritize reports and other research based on recommendations of the steering
126     committee in accordance with Subsection 53E-10-707(5), and after consulting with individuals
127     described in Subsection 53E-10-707(6);
128          (b) identify Utah LEAs, or schools outside the public school system, that are:
129          (i) innovative in specific areas of practice; and
130          (ii) more effective or efficient than comparable LEAs in improving student learning;
131          (c) establish criteria for innovative practice reports to be performed by participating
132     institutions and included in the research clearinghouse, including report templates;
133          (d) arrange with participating institutions to generate innovative practice reports on
134     effective and innovative K-12 education practices; and
135          (e) (i) disseminate each innovative practice report to LEAs; and
136          (ii) publish innovative practice reports on the ULEAD website.
137          (6) In an innovative practice report, a participating institution shall:
138          (a) include or reference a review of research regarding the practice in which the subject
139     LEA has demonstrated success;
140          (b) identify through academically acceptable, evidence-based research methods the
141     causes of the LEA's successful practice;
142          (c) identify opportunities for LEAs to adopt or customize innovative or best practices;
143          (d) address limitations to successful replication or adaptation of the successful practice
144     by other LEAs, which may include barriers arising from federal or state law, state or LEA
145     policy, socioeconomic conditions, or funding limitations;
146          (e) include practical templates for successful replication and adaptation of successful
147     practices, following criteria established by the director;
148          (f) identify experts in the successful practice that is the subject of the innovative
149     practice report, including teachers or administrators at the subject LEA; and
150          (g) include:
151          (i) an executive summary describing the innovative practice report; and

152          (ii) a video component or other elements designed to ensure that an innovative practice
153     report is readily understandable by practitioners.
154          (7) The director may, if requested by an LEA leader or policymaker, conduct an
155     evidence-based review of a possible innovation in an area of practice.
156          (8) The director may also accept innovative practice reports from trained practitioners
157     that meet the criteria set by the director.
158          (9) The director or a participating institution, to enable successful replication or
159     adaption of successful practices, may recommend to:
160          (a) the Legislature, amendments to state law; or
161          (b) the board, revisions to board rule or policy.
162          (10) The director shall:
163          (a) report on the activities of ULEAD annually to the board; and
164          (b) provide reports or other information to the board upon board request.
165          (11) The director shall:
166          (a) prepare an annual report on ULEAD research and other activities;
167          (b) on or before September 30, submit the annual report:
168          (i) to the Education Interim Committee and the Public Education Appropriations
169     Subcommittee; and
170          (ii) in accordance with Section 68-3-14;
171          (c) publish the annual report on the ULEAD website; and
172          (d) disseminate the report to LEAs through electronic channels.
173          (12) The director shall facilitate and conduct an annual conference on successful and
174     innovative K-12 education practices, featuring:
175          (a) Utah education leaders; and
176          (b) practitioners and researchers, chosen by the director, to discuss the subjects of LEA
177     and other ULEAD activities, or other innovative and successful education practices.
178          Section 5. Section 53E-10-704 is enacted to read:
179          53E-10-704. Director Selection Committee -- Membership -- Powers and duties --
180     Compensation.
181          (1) There is created the Director Selection Committee to appoint the director.
182          (2) The selection committee shall consist of the following Ĥ→ [
seven] nine ←Ĥ
182a      members each

183     appointed for two-year staggered terms, with the initial terms of the members described in
184     Subsections (2)(a), (b), and (c) to be three years:
185          (a) one member of the office of the governor, who is the chair of the selection
186     committee and appointed by the governor;
187          (b) one member of the House of Representatives, appointed by the speaker of the
188     House of Representatives;
189          (c) one member of the Senate, appointed by the president of the Senate;
190          (d) one member of the board, appointed by the chair of the board;
191          (e) one member of the Board of Regents, appointed by the chair of the Board of
192     Regents;
193          (f) one member appointed by the state superintendent of public instruction; Ĥ→ [
and] ←Ĥ
194          (g) one member of the State Charter School Board, appointed by the chair of the State
195     Charter School Board Ĥ→ [
.] ;
195a           (h) one member of the Utah School Boards Association recognized in Section 53G-4-
195b     502, appointed by the association executive director; and
195c           (i) one member of a state association that represents school superintendents, appointed
195d      by the association executive director. ←Ĥ
196          (3) (a) A member of the selection committee may be appointed for more than one term.
197          (b) If a midterm vacancy occurs on the selection committee, the appointing individual,
198     as described in Subsection (2), for the vacant position shall appoint an individual for the
199     remainder of the term.
200          (4) A majority of the members shall constitute a quorum for the transaction of selection
201     committee business.
202          (5) (a) The selection committee shall select and appoint a director for a four-year term.
203          (b) The director may be appointed for more than one term.
204          (6) (a) In a year in which the director is appointed, the selection committee shall:
205          (i) solicit applications for the director position to be submitted no later than June 1;
206          (ii) hold at least two meetings to discuss candidates for the open director position; and
207          (iii) select and appoint by majority vote a candidate to fill the director position to begin
208     employment no later than August 1.
209          (b) Notwithstanding Subsection (6)(a), if a midterm vacancy in the director position
210     occurs, the selection committee shall:
211          (i) no later than 25 business days after the day on which the position is vacated, solicit
212     applications for the director position;
213          (ii) hold at least two meetings to discuss candidates for the vacant position; and

214          (iii) no later than 60 business days after the day on which the position is vacated, select
215     a candidate to fill the director position for the remainder of the term.
216          (7) (a) The selection committee:
217          (i) may remove a director before the completion of the director's term only by a
218     majority vote of the selection committee; and
219          (ii) is the only person empowered to remove the director.
220          (b) The chair shall hold a meeting to consider removing the director upon request of
221     two or more selection committee members.
222          (8) A member of the selection committee may not receive compensation except a
223     member who is a legislator shall receive compensation for travel and other expense
224     reimbursements in accordance with Section 36-2-2.
225          (9) The selection committee shall:
226          (a) establish criteria for evaluation of the ULEAD program, including the degree of
227     participation by participating institutions and practitioners; and
228          (b) evaluate the effectiveness of ULEAD every four years for purposes of continuing
229     the program.
230          (10) The selection committee shall hold a meeting described in this section in
231     accordance with Title 52, Chapter 4, Open and Public Meetings Act.
232          Section 6. Section 53E-10-705 is enacted to read:
233          53E-10-705. Participating institutions.
234          (1) The director may arrange or collaborate with a participating institution:
235          (a) to conduct an innovative practice report or provide other research services,
236     including research regarding barriers to adoption of practices studied by ULEAD;
237          (b) to assist an LEA to:
238          (i) facilitate communities of practice for replication or adaptation of best practices
239     identified by ULEAD; and
240          (ii) advise teachers and school leaders on conducting their own research to improve
241     education practices;
242          (c) to assist an LEA with an application to the board for waiver from a board rule in
243     accordance with Section 53G-7-202 to allow replication or adaptation of best practices; or
244          (d) for any other purpose that is consistent with and advances the director's duties and

245     functions.
246          (2) An agreement entered into by a participating institution with the board or an LEA
247     to perform ULEAD work shall:
248          (a) include provisions allowing and governing external research data sharing; and
249          (b) comply with state and federal law.
250          (3) The director shall support federal and private research funding requests by a
251     participating institution for research that is in support of the director's duties and functions.
252          Section 7. Section 53E-10-706 is enacted to read:
253          53E-10-706. Electronic resources -- Research clearinghouse.
254          (1) The board shall publish a ULEAD website containing information provided by the
255     director as described in this part.
256          (2) The director shall within two years of appointment:
257          (a) develop and maintain a research clearinghouse publicly available through the
258     website described in Subsection (1); and
259          (b) include in the research clearinghouse:
260          (i) research on K-12 education, including peer-reviewed research;
261          (ii) information on K-12 education innovation and best practices;
262          (iii) an index and explanation of academic, state, federal, or other K-12 education
263     research repositories;
264          (iv) K-12 education research and policy briefs generated by Utah public and private
265     institutions of higher education, including participating institutions, categorized and searchable
266     by topic;
267          (v) access points to and explanation of currently available K-12 education data,
268     including data managed by the Utah Data Research Center created in Section 35A-14-201 and
269     data maintained by the board;
270          (vi) other K-12 education information as determined by the director, including
271     information regarding efforts by institutions or other individuals to promote innovative and
272     effective education practices in Utah; and
273          (vii) each innovative practice report prepared by ULEAD, categorized and searchable
274     by topic, location of the studied LEA, and socioeconomic and demographic profile.
275          (3) The director shall publish:

276          (a) an electronic directory of K-12 education experts identified in ULEAD research and
277     reports; and
278          (b) a monthly report to LEAs, via electronic channels provided by the board,
279     highlighting ULEAD activities and soliciting proposals from education practitioners for
280     ULEAD research and reports.
281          (4) The director may provide electronic seminars or forums for professional learning
282     regarding subjects of ULEAD research and reports to K-12 practitioners.
283          Section 8. Section 53E-10-707 is enacted to read:
284          53E-10-707. ULEAD Steering Committee.
285          (1) (a) There is created the ULEAD Steering Committee.
286          (b) The director is the chair of the steering committee.
287          (2) The steering committee shall consist of the following members each appointed for a
288     term of one year:
289          (a) the director;
290          (b) one member appointed by the chair of the board;
291          (c) the state superintendent of public instruction or the superintendent's designee;
292          (d) the staff director of the State Charter School Board or the director's designee;
293          (e) one member appointed by the office of the governor;
294          (f) one member, appointed by the director, who is a Ĥ→ [
leader] superintendent ←Ĥ of a
294a     school district Ĥ→ [
but not a
295     local school board member
] ←Ĥ
296          (g) one member, appointed by the director, of a local school board;
297          (h) two principals or other public school leaders of public schools that are not charter
298     schools, appointed by the director;
299          (i) two principals or other public school leaders of charter schools, appointed by the
300     director;
301          (j) two educators who hold a current license under Chapter 6, Education Professional
302     Licensure, nominated by LEA leaders and appointed by the director; and
303          (k) two members representing citizens or business, nominated by the members of the
304     public and appointed by the director.
305          (3) (a) A member of the steering committee may be appointed for more than one term.
306          (b) If a midterm vacancy occurs on the steering committee, the appointing individual,

307     as described in Subsection (2), for the vacant position shall appoint an individual for the
308     remainder of the term.
309          (4) (a) The steering committee shall hold a meeting at least semi annually in January
310     and July or on dates otherwise chosen by the director.
311          (b) The board shall provide space for the steering committee to meet.
312          (5) The steering committee shall:
313          (a) discuss prospective and current ULEAD projects and findings;
314          (b) consult with and make recommendations to the director to prioritize ULEAD
315     reports and areas of focused research;
316          (c) facilitate connections between the director and Utah's political, business, education
317     technology, and academic communities; and
318          (d) make recommendations to improve gathering, retaining, and disseminating
319     education data and research and evaluation findings for use by participating institutions and
320     other education policy researchers, including data managed by the Utah Data Research Center
321     created in Section 35A-14-201.
322          (6) In order to determine research priorities for ULEAD, the director shall consult with:
323          (a) members of the Legislature responsible for public education;
324          (b) members of Utah professional education associations, including principals and
325     school boards; and
326          (c) policy-research centers based in Utah.
327          (7) The board or state superintendent of public instruction may request that the director
328     arrange with a participating institution to prepare a report on a specific LEA or area of practice
329     meeting the criteria established in this part.
330          (8) A member of the steering committee may not receive compensation except a
331     member who is a legislator shall receive compensation for travel and other expense
332     reimbursements in accordance with Section 36-2-2.
333          (9) The steering committee shall hold a meeting described in this section in accordance
334     with Title 52, Chapter 4, Open and Public Meetings Act.

Legislative Review Note
Office of Legislative Research and General Counsel