1     
EDUCATION ACCOUNTABILITY AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marie H. Poulson

5     
Senate Sponsor: Lincoln Fillmore

6     

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 [grade assigned pursuant to] overall rating assigned in accordance with
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 [an overall rating using an A through F letter grading scale
119     where, based on the school's performance level on the indicators described in Subsection (2)]
120     one of the following overall ratings:

121          (a) [an A grade represents an] exemplary [school];
122          (b) [a B grade represents a] commendable [school];
123          (c) [a C grade represents a] typical [school];
124          (d) [a D grade represents a] developing [school; and]; or
125          (e) [an F grade represents a] critical needs [school].
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) [(a)] For a school year in which the board determines it is necessary to establish,
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          [(b) For the 2017-2018 school year, the board:]
135          [(i) shall evaluate a school based on the school's performance level on the indicators
136     described in Subsection (2) and in accordance with this part; and]
137          [(ii) is not required to assign a school an overall rating described in Subsection (1).]
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          [(13) "School grade" or "grade" means the letter grade assigned to a school as the
171     school's overall rating under the school accountability system.]
172          [(14)] (13) "School turnaround committee" means a committee established under:
173          (a) for a district school, Section 53E-5-303; or
174          (b) for a charter school, Section 53E-5-304.
175          [(15)] (14) "School turnaround plan" means a plan described in:
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 [a charter school
181     that:] the same as that term is defined in Section 53G-5-502.
182          [(a) satisfies all requirements of state law and board rules;]

183          [(b) meets or exceeds standards for student achievement established by the charter
184     school's charter school authorizer; and]
185          [(c) has received at least a B grade under the school accountability system in the
186     previous two school years.]
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 [received an F grade or D
294     grade] was in the lowest performing 20% of schools under the school accountability system in
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 [grade] performance under the conditions described
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 [towards] toward high school graduation

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 [grading] accountability or employee evaluations due to a
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.