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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to school overall ratings under the school
10 accountability system.
11 Highlighted Provisions:
12 This bill:
13 ▸ removes the requirement on the State Board of Education to use a letter grade when
14 assigning a school an overall rating;
15 ▸ amends provisions related to school turnaround and leadership development that
16 reference letter grades under the school accountability system; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 53E-3-511, as renumbered and amended by Laws of Utah 2018, Chapter 1
25 53E-5-204, as renumbered and amended by Laws of Utah 2018, Chapter 1
26 53E-5-301, as renumbered and amended by Laws of Utah 2018, Chapter 1
27 53E-5-306, as renumbered and amended by Laws of Utah 2018, Chapter 1
28 53E-5-307, as renumbered and amended by Laws of Utah 2018, Chapter 1
29 53E-5-309, as renumbered and amended by Laws of Utah 2018, Chapter 1
30 53G-5-503, as last amended by Laws of Utah 2018, Chapter 383 and renumbered and
31 amended by Laws of Utah 2018, Chapter 3
32 53G-6-803, as renumbered and amended by Laws of Utah 2018, Chapter 3
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 53E-3-511 is amended to read:
36 53E-3-511. Student Achievement Backpack -- Utah Student Record Store.
37 (1) As used in this section:
38 (a) "Authorized LEA user" means a teacher or other person who is:
39 (i) employed by an LEA that provides instruction to a student; and
40 (ii) authorized to access data in a Student Achievement Backpack through the Utah
41 Student Record Store.
42 (b) "LEA" means a school district, charter school, or the Utah Schools for the Deaf and
43 the Blind.
44 (c) "Statewide assessment" means the same as that term is defined in Section
45 53E-4-301.
46 (d) "Student Achievement Backpack" means, for a student from kindergarten through
47 grade 12, a complete learner profile that:
48 (i) is in electronic format;
49 (ii) follows the student from grade to grade and school to school; and
50 (iii) is accessible by the student's parent or guardian or an authorized LEA user.
51 (e) "Utah Student Record Store" means a repository of student data collected from
52 LEAs as part of the state's longitudinal data system that is:
53 (i) managed by the State Board of Education;
54 (ii) cloud-based; and
55 (iii) accessible via a web browser to authorized LEA users.
56 (2) (a) The State Board of Education shall use the State Board of Education's robust,
57 comprehensive data collection system, which collects longitudinal student transcript data from
58 LEAs and the unique student identifiers as described in Section 53E-4-308, to allow the
59 following to access a student's Student Achievement Backpack:
60 (i) the student's parent or guardian; and
61 (ii) each LEA that provides instruction to the student.
62 (b) The State Board of Education shall ensure that a Student Achievement Backpack:
63 (i) provides a uniform, transparent reporting mechanism for individual student
64 progress;
65 (ii) provides a complete learner history for postsecondary planning;
66 (iii) provides a teacher with visibility into a student's complete learner profile to better
67 inform instruction and personalize education;
68 (iv) assists a teacher or administrator in diagnosing a student's learning needs through
69 the use of data already collected by the State Board of Education;
70 (v) facilitates a student's parent or guardian taking an active role in the student's
71 education by simplifying access to the student's complete learner profile; and
72 (vi) serves as additional disaster mitigation for LEAs by using a cloud-based data
73 storage and collection system.
74 (3) Using existing information collected and stored in the State Board of Education's
75 data warehouse, the State Board of Education shall create the Utah Student Record Store where
76 an authorized LEA user may:
77 (a) access data in a Student Achievement Backpack relevant to the user's LEA or
78 school; or
79 (b) request student records to be transferred from one LEA to another.
80 (4) The State Board of Education shall implement security measures to ensure that:
81 (a) student data stored or transmitted to or from the Utah Student Record Store is
82 secure and confidential pursuant to the requirements of the Family Educational Rights and
83 Privacy Act, 20 U.S.C. Sec. 1232g; and
84 (b) an authorized LEA user may only access student data that is relevant to the user's
85 LEA or school.
86 (5) A student's parent or guardian may request the student's Student Achievement
87 Backpack from the LEA or the school in which the student is enrolled.
88 (6) An authorized LEA user may access student data in a Student Achievement
89 Backpack, which shall include the following data, or request that the data be transferred from
90 one LEA to another:
91 (a) student demographics;
92 (b) course grades;
93 (c) course history; and
94 (d) results of a statewide assessment.
95 (7) An authorized LEA user may access student data in a Student Achievement
96 Backpack, which shall include the data listed in Subsections (6)(a) through (d) and the
97 following data, or request that the data be transferred from one LEA to another:
98 (a) section attendance;
99 (b) the name of a student's teacher for classes or courses the student takes;
100 (c) teacher qualifications for a student's teacher, including years of experience, degree,
101 license, and endorsement;
102 (d) results of statewide assessments;
103 (e) a student's writing sample that is written for a writing assessment administered
104 pursuant to Section 53E-4-303;
105 (f) student growth scores on a statewide assessment, as applicable;
106 (g) a school's [
107 Chapter 5, Part 2, School Accountability System;
108 (h) results of benchmark assessments of reading administered pursuant to Section
109 53E-4-307; and
110 (i) a student's reading level at the end of grade 3.
111 (8) No later than June 30, 2017, the State Board of Education shall ensure that data
112 collected in the Utah Student Record Store for a Student Achievement Backpack is integrated
113 into each LEA's student information system and is made available to a student's parent or
114 guardian and an authorized LEA user in an easily accessible viewing format.
115 Section 2. Section 53E-5-204 is amended to read:
116 53E-5-204. Rating schools.
117 (1) Except as provided in Subsection (3), and in accordance with this part, the board
118 shall annually assign to each school [
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120 one of the following overall ratings:
121 (a) [
122 (b) [
123 (c) [
124 (d) [
125 (e) [
126 (2) A school's overall rating described in Subsection (1) shall be based on the school's
127 performance on the indicators described in:
128 (a) Section 53E-5-205, for an elementary school or a middle school; or
129 (b) Section 53E-5-206, for a high school.
130 (3) [
131 due to a transition to a new assessment, a new baseline to determine student growth described
132 in Section 53E-5-210, the board is not required to assign an overall rating described in
133 Subsection (1) to a school to which the new baseline applies.
134 [
135 [
136
137 [
138 Section 3. Section 53E-5-301 is amended to read:
139 53E-5-301. Definitions.
140 As used in this part:
141 (1) "Board" means the State Board of Education.
142 (2) "Charter school authorizer" means the same as that term is defined in Section
143 53G-5-102.
144 (3) "Charter school governing board" means the governing board, as defined in Section
145 53G-5-102, that governs a charter.
146 (4) "District school" means a public school under the control of a local school board
147 elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
148 Boards.
149 (5) "Educator" means the same as that term is defined in Section 53E-6-102.
150 (6) "Final remedial year" means the second school year following the initial remedial
151 year.
152 (7) "Independent school turnaround expert" or "turnaround expert" means a person
153 identified by the board under Section 53E-5-305.
154 (8) "Initial remedial year" means the school year a district school or charter school is
155 designated as a low performing school under Section 53E-5-302.
156 (9) "Local education board" means a local school board or charter school governing
157 board.
158 (10) "Local school board" means a board elected under Title 20A, Chapter 14, Part 2,
159 Election of Members of Local Boards of Education.
160 (11) "Low performing school" means a district school or charter school that has been
161 designated a low performing school by the board because the school is:
162 (a) for two consecutive school years in the lowest performing 3% of schools statewide
163 according to the percentage of possible points earned under the school accountability system;
164 and
165 (b) a low performing school according to other outcome-based measures as may be
166 defined in rules made by the board in accordance with Title 63G, Chapter 3, Utah
167 Administrative Rulemaking Act.
168 (12) "School accountability system" means the school accountability system
169 established in Part 2, School Accountability System.
170 [
171
172 [
173 (a) for a district school, Section 53E-5-303; or
174 (b) for a charter school, Section 53E-5-304.
175 [
176 (a) for a district school, Section 53E-5-303; or
177 (b) for a charter school, Section 53E-5-304.
178 Section 4. Section 53E-5-306 is amended to read:
179 53E-5-306. Implications for failing to improve school performance.
180 (1) As used in this section, "high performing charter school" means [
181
182 [
183 [
184
185 [
186
187 (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
188 the board shall make rules establishing:
189 (i) exit criteria for a low performing school;
190 (ii) criteria for granting a school an extension as described in Subsection (3); and
191 (iii) implications for a low performing school that does not meet exit criteria after the
192 school's final remedial year or the last school year of the extension period described in
193 Subsection (3).
194 (b) In establishing exit criteria for a low performing school the board shall:
195 (i) determine for each low performing school the number of points awarded under the
196 school accountability system in the final remedial year that represent a substantive and
197 statistically significant improvement over the number of points awarded under the school
198 accountability system in the school year immediately preceding the initial remedial year;
199 (ii) establish a method to estimate the exit criteria after a low performing school's first
200 remedial year to provide a target for each low performing school; and
201 (iii) use generally accepted statistical practices.
202 (c) The board shall through a competitively awarded contract engage a third party with
203 expertise in school accountability and assessments to verify the criteria adopted under this
204 Subsection (2).
205 (3) (a) A low performing school may petition the board for an extension to continue
206 school improvement efforts for up to two years if the low performing school does not meet the
207 exit criteria established by the board as described in Subsection (2).
208 (b) A school that has been granted an extension under this Subsection (3) is eligible
209 for:
210 (i) continued funding under Section 53E-5-305; and
211 (ii) (A) the school teacher recruitment and retention incentive under Section
212 53E-5-308; or
213 (B) the School Recognition and Reward Program under Section 53E-5-307.
214 (4) If a low performing school does not meet exit criteria after the school's final
215 remedial year or the last school year of the extension period, the board may intervene by:
216 (a) restructuring a district school, which may include:
217 (i) contract management;
218 (ii) conversion to a charter school; or
219 (iii) state takeover;
220 (b) restructuring a charter school by:
221 (i) terminating a school's charter;
222 (ii) closing a charter school; or
223 (iii) transferring operation and control of the charter school to:
224 (A) a high performing charter school; or
225 (B) the school district in which the charter school is located; or
226 (c) other appropriate action as determined by the board.
227 Section 5. Section 53E-5-307 is amended to read:
228 53E-5-307. School Recognition and Reward Program.
229 (1) As used in this section, "eligible school" means a low performing school that:
230 (a) was designated as a low performing school based on 2014-2015 school year
231 performance; and
232 (b) (i) improves the school's grade by at least one letter grade , as determined by
233 comparing the school's letter grade for the school year prior to the initial remedial year to the
234 school's letter grade for the final remedial year; or
235 (ii) (A) has been granted an extension under Subsection 53E-5-306(3); and
236 (B) improves the school's grade by at least one letter grade , as determined by
237 comparing the school's letter grade for the school year prior to the initial remedial year to the
238 school's letter grade for the last school year of the extension period.
239 (2) The School Recognition and Reward Program is created to provide incentives to
240 schools and educators to improve the school grade of a low performing school.
241 (3) Subject to appropriations by the Legislature, upon the release of school grades by
242 the board, the board shall distribute a reward equal to:
243 (a) for an eligible school that improves the eligible school's grade one letter grade :
244 (i) $100 per tested student; and
245 (ii) $1,000 per educator;
246 (b) for an eligible school that improves the eligible school's grade two letter grades :
247 (i) $200 per tested student; and
248 (ii) $2,000 per educator;
249 (c) for an eligible school that improves the eligible school's grade three letter grades :
250 (i) $300 per tested student; and
251 (ii) $3,000 per educator; and
252 (d) for an eligible school that improves the eligible school's grade four letter grades :
253 (i) $500 per tested student; and
254 (ii) $5,000 per educator.
255 (4) The principal of an eligible school that receives a reward under Subsection (3), in
256 consultation with the educators at the eligible school, may determine how to use the money in
257 the best interest of the school, including providing bonuses to educators.
258 (5) If the number of qualifying eligible schools exceeds available funds, the board may
259 reduce the amounts specified in Subsection (3).
260 (6) A local school board of an eligible school, in coordination with the eligible school's
261 turnaround committee, may elect to receive a reward under this section or receive funds
262 described in Section 53E-5-308 but not both.
263 (7) Notwithstanding the provisions of this section, for a school year for which the state
264 board does not assign letter grades under the school accountability system, the state board shall
265 determine how to, for purposes of the School Recognition and Reward Program:
266 (a) measure improvement of a school; and
267 (b) reward an eligible school.
268 Section 6. Section 53E-5-309 is amended to read:
269 53E-5-309. School Leadership Development Program.
270 (1) As used in this section, "school leader" means a school principal or assistant
271 principal.
272 (2) There is created the School Leadership Development Program to increase the
273 number of highly effective school leaders capable of:
274 (a) initiating, achieving, and sustaining school improvement efforts; and
275 (b) forming and sustaining community partnerships as described in Section 53F-5-402.
276 (3) The board shall identify one or more providers, through a request for proposals
277 process, to develop or provide leadership development training for school leaders that:
278 (a) may provide in-depth training in proven strategies to turn around low performing
279 schools;
280 (b) may emphasize hands-on and job-embedded learning;
281 (c) aligns with the state's leadership standards established by board rule;
282 (d) reflects the needs of a school district or charter school where a school leader serves;
283 (e) may include training on using student achievement data to drive decisions;
284 (f) may develop skills in implementing and evaluating evidence-based instructional
285 practices;
286 (g) may develop skills in leading collaborative school improvement structures,
287 including professional learning communities; and
288 (h) includes instruction on forming and sustaining community partnerships as
289 described in Section 53F-5-402.
290 (4) Subject to legislative appropriations, the State Board of Education shall provide
291 incentive pay to a school leader who:
292 (a) completes leadership development training under this section; and
293 (b) agrees to work, for at least five years, in a school that [
294
295 the school year previous to the first year the school leader:
296 (i) completes leadership development training; and
297 (ii) begins to work, or continues to work, in a school described in this Subsection
298 (4)(b).
299 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
300 board shall make rules specifying:
301 (a) eligibility criteria for a school leader to participate in the School Leadership
302 Development Program;
303 (b) application procedures for the School Leadership Development Program;
304 (c) criteria for selecting school leaders from the application pool; and
305 (d) procedures for awarding incentive pay under Subsection (4).
306 Section 7. Section 53G-5-503 is amended to read:
307 53G-5-503. Termination of a charter.
308 (1) Subject to the requirements of Subsection (3), a charter school authorizer may
309 terminate a school's charter for any of the following reasons:
310 (a) failure of the charter school to meet the requirements stated in the charter;
311 (b) failure to meet generally accepted standards of fiscal management;
312 (c) (i) designation as a low performing school under Title 53E, Chapter 5, Part 3,
313 School Turnaround and Leadership Development; and
314 (ii) failure to improve the school's [
315 in Title 53E, Chapter 5, Part 3, School Turnaround and Leadership Development;
316 (d) violation of requirements under this chapter or another law; or
317 (e) other good cause shown.
318 (2) (a) The authorizer shall notify the following of the proposed termination in writing,
319 state the grounds for the termination, and stipulate that the governing board may request an
320 informal hearing before the authorizer:
321 (i) the governing board of the charter school; and
322 (ii) if the charter school is a qualifying charter school with outstanding bonds issued in
323 accordance with Part 6, Charter School Credit Enhancement Program, the Utah Charter School
324 Finance Authority.
325 (b) Except as provided in Subsection (2)(e), the authorizer shall conduct the hearing in
326 accordance with Title 63G, Chapter 4, Administrative Procedures Act, within 30 days after
327 receiving a written request under Subsection (2)(a).
328 (c) If the authorizer, by majority vote, approves a motion to terminate a charter school,
329 the governing board of the charter school may appeal the decision to the State Board of
330 Education.
331 (d) (i) The State Board of Education shall hear an appeal of a termination made
332 pursuant to Subsection (2)(c).
333 (ii) The State Board of Education's action is final action subject to judicial review.
334 (e) (i) If the authorizer proposes to terminate the charter of a qualifying charter school
335 with outstanding bonds issued in accordance with Part 6, Charter School Credit Enhancement
336 Program, the authorizer shall conduct a hearing described in Subsection (2)(b) 120 days or
337 more after notifying the following of the proposed termination:
338 (A) the governing board of the qualifying charter school; and
339 (B) the Utah Charter School Finance Authority.
340 (ii) Prior to the hearing described in Subsection (2)(e)(i), the Utah Charter School
341 Finance Authority shall meet with the authorizer to determine whether the deficiency may be
342 remedied in lieu of termination of the qualifying charter school's charter.
343 (3) An authorizer may not terminate the charter of a qualifying charter school with
344 outstanding bonds issued in accordance with Part 6, Charter School Credit Enhancement
345 Program, without mutual agreement of the Utah Charter School Finance Authority and the
346 authorizer.
347 (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
348 the State Board of Education shall make rules that require a charter school to report any threats
349 to the health, safety, or welfare of its students to the State Charter School Board in a timely
350 manner.
351 (b) The rules under Subsection (4)(a) shall also require the charter school report to
352 include what steps the charter school has taken to remedy the threat.
353 (5) Subject to the requirements of Subsection (3), the authorizer may terminate a
354 charter immediately if good cause has been shown or if the health, safety, or welfare of the
355 students at the school is threatened.
356 (6) If a charter is terminated during a school year, the following entities may apply to
357 the charter school's authorizer to assume operation of the school:
358 (a) the school district where the charter school is located;
359 (b) the governing board of another charter school; or
360 (c) a private management company.
361 (7) (a) If a charter is terminated, a student who attended the school may apply to and
362 shall be enrolled in another public school under the enrollment provisions of Chapter 6, Part 3,
363 School District Residency, subject to space availability.
364 (b) Normal application deadlines shall be disregarded under Subsection (7)(a).
365 Section 8. Section 53G-6-803 is amended to read:
366 53G-6-803. Parental right to academic accommodations.
367 (1) (a) A student's parent or guardian is the primary person responsible for the
368 education of the student, and the state is in a secondary and supportive role to the parent or
369 guardian. As such, a student's parent or guardian has the right to reasonable academic
370 accommodations from the student's LEA as specified in this section.
371 (b) Each accommodation shall be considered on an individual basis and no student
372 shall be considered to a greater or lesser degree than any other student.
373 (c) The parental rights specified in this section do not include all the rights or
374 accommodations that may be available to a student's parent or guardian as a user of the public
375 education system.
376 (d) An accommodation under this section may only be provided if the accommodation
377 is:
378 (i) consistent with federal law; and
379 (ii) consistent with a student's IEP if the student already has an IEP.
380 (2) An LEA shall reasonably accommodate a parent's or guardian's written request to
381 retain a student in kindergarten through grade 8 on grade level based on the student's academic
382 ability or the student's social, emotional, or physical maturity.
383 (3) An LEA shall reasonably accommodate a parent's or guardian's initial selection of a
384 teacher or request for a change of teacher.
385 (4) An LEA shall reasonably accommodate the request of a student's parent or guardian
386 to visit and observe any class the student attends.
387 (5) Notwithstanding Part 2, Compulsory Education, an LEA shall record an excused
388 absence for a scheduled family event or a scheduled proactive visit to a health care provider if:
389 (a) the parent or guardian submits a written statement at least one school day before the
390 scheduled absence; and
391 (b) the student agrees to make up course work for school days missed for the scheduled
392 absence in accordance with LEA policy.
393 (6) (a) An LEA shall reasonably accommodate a parent's or guardian's written request
394 to place a student in a specialized class, a specialized program, or an advanced course.
395 (b) An LEA shall consider multiple academic data points when determining an
396 accommodation under Subsection (6)(a).
397 (7) Consistent with Section 53E-4-204, which requires the State Board of Education to
398 establish graduation requirements that use competency-based standards and assessments, an
399 LEA shall allow a student to earn course credit [
400 without completing a course in school by:
401 (a) testing out of the course; or
402 (b) demonstrating competency in course standards.
403 (8) An LEA shall reasonably accommodate a parent's or guardian's request to meet
404 with a teacher at a mutually agreeable time if the parent or guardian is unable to attend a
405 regularly scheduled parent teacher conference.
406 (9) (a) At the request of a student's parent or guardian, an LEA shall excuse a student
407 from taking an assessment that:
408 (i) is federally mandated;
409 (ii) is mandated by the state under this public education code; or
410 (iii) requires the use of:
411 (A) a state assessment system; or
412 (B) software that is provided or paid for by the state.
413 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
414 State Board of Education shall make rules:
415 (i) to establish a statewide procedure for excusing a student under Subsection (9)(a)
416 that:
417 (A) does not place an undue burden on a parent or guardian; and
418 (B) may be completed online; and
419 (ii) to prevent negative impact, to the extent authorized by state statute, to an LEA or
420 an LEA's employees through school [
421 student not taking a test under Subsection (9)(a).
422 (c) An LEA:
423 (i) shall follow the procedures outlined in rules made by the State Board of Education
424 under Subsection (9)(b) to excuse a student under Subsection (9)(a);
425 (ii) may not require procedures to excuse a student under Subsection (9)(a) in addition
426 to the procedures outlined in rules made by the State Board of Education under Subsection
427 (9)(b); and
428 (iii) may not reward a student for taking an assessment described in Subsection (9)(a).
429 (d) The State Board of Education shall:
430 (i) maintain and publish a list of state assessments, state assessment systems, and
431 software that qualify under Subsection (9)(a); and
432 (ii) audit and verify an LEA's compliance with the requirements of this Subsection (9).
433 (10) (a) An LEA shall provide for:
434 (i) the distribution of a copy of a school's discipline and conduct policy to each student
435 in accordance with Section 53G-8-204; and
436 (ii) a parent's or guardian's signature acknowledging receipt of the school's discipline
437 and conduct policy.
438 (b) An LEA shall notify a parent or guardian of a student's violation of a school's
439 discipline and conduct policy and allow a parent or guardian to respond to the notice in
440 accordance with Chapter 8, Part 2, School Discipline and Conduct Plans.