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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 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 last amended by Laws of Utah 2019, Chapter 186
25 53E-5-204, as last amended by Laws of Utah 2019, Chapter 186
26 53E-5-301, as last amended by Laws of Utah 2019, Chapter 186
27 53E-5-306, as last amended by Laws of Utah 2019, Chapter 186
28 53E-5-307, as last amended by Laws of Utah 2019, Chapter 186
29 53E-5-309, as last amended by Laws of Utah 2019, Chapter 186
30 53G-5-503, as last amended by Laws of Utah 2019, Chapter 293
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32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 53E-3-511 is amended to read:
34 53E-3-511. Student Achievement Backpack -- Utah Student Record Store.
35 (1) As used in this section:
36 (a) "Authorized LEA user" means a teacher or other person who is:
37 (i) employed by an LEA that provides instruction to a student; and
38 (ii) authorized to access data in a Student Achievement Backpack through the Utah
39 Student Record Store.
40 (b) "Statewide assessment" means the same as that term is defined in Section
41 53E-4-301.
42 (c) "Student Achievement Backpack" means, for a student from kindergarten through
43 grade 12, a complete learner profile that:
44 (i) is in electronic format;
45 (ii) follows the student from grade to grade and school to school; and
46 (iii) is accessible by the student's parent or an authorized LEA user.
47 (d) "Utah Student Record Store" means a repository of student data collected from
48 LEAs as part of the state's longitudinal data system that is:
49 (i) managed by the state board;
50 (ii) cloud-based; and
51 (iii) accessible via a web browser to authorized LEA users.
52 (2) (a) The state board shall use the state board's robust, comprehensive data collection
53 system, which collects longitudinal student transcript data from LEAs and the unique student
54 identifiers as described in Section 53E-4-308, to allow the following to access a student's
55 Student Achievement Backpack:
56 (i) the student's parent; and
57 (ii) each LEA that provides instruction to the student.
58 (b) The state board shall ensure that a Student Achievement Backpack:
59 (i) provides a uniform, transparent reporting mechanism for individual student
60 progress;
61 (ii) provides a complete learner history for postsecondary planning;
62 (iii) provides a teacher with visibility into a student's complete learner profile to better
63 inform instruction and personalize education;
64 (iv) assists a teacher or administrator in diagnosing a student's learning needs through
65 the use of data already collected by the state board;
66 (v) facilitates a student's parent taking an active role in the student's education by
67 simplifying access to the student's complete learner profile; and
68 (vi) serves as additional disaster mitigation for LEAs by using a cloud-based data
69 storage and collection system.
70 (3) Using existing information collected and stored in the state board's data warehouse,
71 the state board shall create the Utah Student Record Store where an authorized LEA user may:
72 (a) access data in a Student Achievement Backpack relevant to the user's LEA or
73 school; or
74 (b) request student records to be transferred from one LEA to another.
75 (4) The state board shall implement security measures to ensure that:
76 (a) student data stored or transmitted to or from the Utah Student Record Store is
77 secure and confidential pursuant to the requirements of the Family Educational Rights and
78 Privacy Act, 20 U.S.C. Sec. 1232g; and
79 (b) an authorized LEA user may only access student data that is relevant to the user's
80 LEA or school.
81 (5) A student's parent may request the student's Student Achievement Backpack from
82 the LEA or the school in which the student is enrolled.
83 (6) An authorized LEA user may access student data in a Student Achievement
84 Backpack, which shall include the following data, or request that the data be transferred from
85 one LEA to another:
86 (a) student demographics;
87 (b) course grades;
88 (c) course history; and
89 (d) results of a statewide assessment.
90 (7) An authorized LEA user may access student data in a Student Achievement
91 Backpack, which shall include the data listed in Subsections (6)(a) through (d) and the
92 following data, or request that the data be transferred from one LEA to another:
93 (a) section attendance;
94 (b) the name of a student's teacher for classes or courses the student takes;
95 (c) teacher qualifications for a student's teacher, including years of experience, degree,
96 license, and endorsement;
97 (d) results of statewide assessments;
98 (e) a student's writing sample that is written for a writing assessment administered
99 pursuant to Section 53E-4-303;
100 (f) student growth scores on a statewide assessment, as applicable;
101 (g) a school's [
102 Chapter 5, Part 2, School Accountability System;
103 (h) results of benchmark assessments of reading administered pursuant to Section
104 53E-4-307; and
105 (i) a student's reading level at the end of grade 3.
106 (8) No later than June 30, 2017, the state board shall ensure that data collected in the
107 Utah Student Record Store for a Student Achievement Backpack is integrated into each LEA's
108 student information system and is made available to a student's parent and an authorized LEA
109 user in an easily accessible viewing format.
110 Section 2. Section 53E-5-204 is amended to read:
111 53E-5-204. Rating schools.
112 (1) Except as provided in Subsection (3), and in accordance with this part, the state
113 board shall annually assign to each school [
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116 (a) [
117 (b) [
118 (c) [
119 (d) [
120 (e) [
121 (2) A school's overall rating described in Subsection (1) shall be based on the school's
122 performance on the indicators described in:
123 (a) Section 53E-5-205, for an elementary school or a middle school; or
124 (b) Section 53E-5-206, for a high school.
125 (3) [
126 establish, due to a transition to a new assessment, a new baseline to determine student growth
127 described in Section 53E-5-210, the state board is not required to assign an overall rating
128 described in Subsection (1) to a school to which the new baseline applies.
129 [
130 [
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132 [
133 Section 3. Section 53E-5-301 is amended to read:
134 53E-5-301. Definitions.
135 As used in this part:
136 (1) "Charter school authorizer" means the same as that term is defined in Section
137 53G-5-102.
138 (2) "Educator" means the same as that term is defined in Section 53E-6-102.
139 (3) "Final remedial year" means the second school year following the initial remedial
140 year.
141 (4) "Independent school turnaround expert" or "turnaround expert" means a person
142 identified by the state board under Section 53E-5-305.
143 (5) "Initial remedial year" means the school year a district school or charter school is
144 designated as a low performing school under Section 53E-5-302.
145 (6) " LEA governing board" means a local school board or charter school governing
146 board.
147 (7) "Low performing school" means a district school or charter school that has been
148 designated a low performing school by the state board because the school is:
149 (a) for two consecutive school years in the lowest performing 3% of schools statewide
150 according to the percentage of possible points earned under the school accountability system;
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152 (b) a low performing school according to other outcome-based measures as may be
153 defined in rules made by the state board.
154 (8) "School accountability system" means the school accountability system established
155 in Part 2, School Accountability System.
156 [
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159 (a) for a district school, Section 53E-5-303; or
160 (b) for a charter school, Section 53E-5-304.
161 [
162 (a) for a district school, Section 53E-5-303; or
163 (b) for a charter school, Section 53E-5-304.
164 Section 4. Section 53E-5-306 is amended to read:
165 53E-5-306. Implications for failing to improve school performance.
166 (1) As used in this section, "high performing charter school" means [
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168 [
169 [
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173 (2) (a) The state board shall make rules establishing:
174 (i) exit criteria for a low performing school;
175 (ii) criteria for granting a school an extension as described in Subsection (3); and
176 (iii) implications for a low performing school that does not meet exit criteria after the
177 school's final remedial year or the last school year of the extension period described in
178 Subsection (3).
179 (b) In establishing exit criteria for a low performing school the state board shall:
180 (i) determine for each low performing school the number of points awarded under the
181 school accountability system in the final remedial year that represent a substantive and
182 statistically significant improvement over the number of points awarded under the school
183 accountability system in the school year immediately preceding the initial remedial year;
184 (ii) establish a method to estimate the exit criteria after a low performing school's first
185 remedial year to provide a target for each low performing school; and
186 (iii) use generally accepted statistical practices.
187 (c) The state board shall through a competitively awarded contract engage a third party
188 with expertise in school accountability and assessments to verify the criteria adopted under this
189 Subsection (2).
190 (3) (a) A low performing school may petition the state board for an extension to
191 continue school improvement efforts for up to two years if the low performing school does not
192 meet the exit criteria established by the state board as described in Subsection (2).
193 (b) A school that has been granted an extension under this Subsection (3) is eligible
194 for:
195 (i) continued funding under Section 53E-5-305; and
196 (ii) (A) the school teacher recruitment and retention incentive under Section
197 53E-5-308; or
198 (B) the School Recognition and Reward Program under Section 53E-5-307.
199 (4) If a low performing school does not meet exit criteria after the school's final
200 remedial year or the last school year of the extension period, the state board may intervene by:
201 (a) restructuring a district school, which may include:
202 (i) contract management;
203 (ii) conversion to a charter school; or
204 (iii) state takeover;
205 (b) restructuring a charter school by:
206 (i) terminating a school's charter agreement;
207 (ii) closing a charter school; or
208 (iii) transferring operation and control of the charter school to:
209 (A) a high performing charter school; or
210 (B) the school district in which the charter school is located; or
211 (c) other appropriate action as determined by the state board.
212 Section 5. Section 53E-5-307 is amended to read:
213 53E-5-307. School Recognition and Reward Program.
214 (1) As used in this section, "eligible school" means a low performing school that:
215 (a) was designated as a low performing school based on 2014-2015 school year
216 performance; and
217 (b) (i) improves the school's grade by at least one letter grade, as determined by
218 comparing the school's letter grade for the school year prior to the initial remedial year to the
219 school's letter grade for the final remedial year; or
220 (ii) (A) has been granted an extension under Subsection 53E-5-306(3); and
221 (B) improves the school's grade by at least one letter grade, as determined by
222 comparing the school's letter grade for the school year prior to the initial remedial year to the
223 school's letter grade for the last school year of the extension period.
224 (2) The School Recognition and Reward Program is created to provide incentives to
225 schools and educators to improve the school [
226 accountability system of a low performing school.
227 (3) Subject to appropriations by the Legislature, upon the release of school grades by
228 the state board, the state board shall distribute a reward equal to:
229 (a) for an eligible school that improves the eligible school's grade one letter grade:
230 (i) $100 per tested student; and
231 (ii) $1,000 per educator;
232 (b) for an eligible school that improves the eligible school's grade two letter grades:
233 (i) $200 per tested student; and
234 (ii) $2,000 per educator;
235 (c) for an eligible school that improves the eligible school's grade three letter grades:
236 (i) $300 per tested student; and
237 (ii) $3,000 per educator; and
238 (d) for an eligible school that improves the eligible school's grade four letter grades:
239 (i) $500 per tested student; and
240 (ii) $5,000 per educator.
241 (4) The principal of an eligible school that receives a reward under Subsection (3), in
242 consultation with the educators at the eligible school, may determine how to use the money in
243 the best interest of the school, including providing bonuses to educators.
244 (5) If the number of qualifying eligible schools exceeds available funds, the state board
245 may reduce the amounts specified in Subsection (3).
246 (6) A local school board of an eligible school, in coordination with the eligible school's
247 turnaround committee, may elect to receive a reward under this section or receive funds
248 described in Section 53E-5-308 but not both.
249 (7) Notwithstanding the provisions of this section, for a school year for which the state
250 board does not assign letter grades under the school accountability system and for purposes of
251 the School Recognition and Reward Program, the state board shall determine how to:
252 (a) measure improvement of a school; and
253 (b) reward an eligible school.
254 Section 6. Section 53E-5-309 is amended to read:
255 53E-5-309. School Leadership Development Program.
256 (1) As used in this section, "school leader" means a school principal or assistant
257 principal.
258 (2) There is created the School Leadership Development Program to increase the
259 number of highly effective school leaders capable of:
260 (a) initiating, achieving, and sustaining school improvement efforts; and
261 (b) forming and sustaining community partnerships as described in Section 53F-5-402.
262 (3) The state board shall identify one or more providers, through a request for
263 proposals process, to develop or provide leadership development training for school leaders
264 that:
265 (a) may provide in-depth training in proven strategies to turn around low performing
266 schools;
267 (b) may emphasize hands-on and job-embedded learning;
268 (c) aligns with the state's leadership standards established by state board rule;
269 (d) reflects the needs of a school district or charter school where a school leader serves;
270 (e) may include training on using student achievement data to drive decisions;
271 (f) may develop skills in implementing and evaluating evidence-based instructional
272 practices;
273 (g) may develop skills in leading collaborative school improvement structures,
274 including professional learning communities; and
275 (h) includes instruction on forming and sustaining community partnerships as
276 described in Section 53F-5-402.
277 (4) Subject to legislative appropriations, the state board shall provide incentive pay to a
278 school leader who:
279 (a) completes leadership development training under this section; and
280 (b) agrees to work, for at least five years, in a school that [
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282 school year previous to the first year the school leader:
283 (i) completes leadership development training; and
284 (ii) begins to work, or continues to work, in a school described in this Subsection
285 (4)(b).
286 (5) The state board shall make rules specifying:
287 (a) eligibility criteria for a school leader to participate in the School Leadership
288 Development Program;
289 (b) application procedures for the School Leadership Development Program;
290 (c) criteria for selecting school leaders from the application pool; and
291 (d) procedures for awarding incentive pay under Subsection (4).
292 Section 7. Section 53G-5-503 is amended to read:
293 53G-5-503. Termination of a charter agreement.
294 (1) Subject to the requirements of Subsection (3), a charter school authorizer may
295 terminate a school's charter agreement for any of the following reasons:
296 (a) failure of the charter school to meet the requirements stated in the charter
297 agreement;
298 (b) failure to meet generally accepted standards of fiscal management;
299 (c) (i) designation as a low performing school under Title 53E, Chapter 5, Part 3,
300 School Turnaround and Leadership Development; and
301 (ii) failure to improve the school's [
302 in Title 53E, Chapter 5, Part 3, School Turnaround and Leadership Development;
303 (d) violation of requirements under this chapter or another law; or
304 (e) other good cause shown.
305 (2) (a) The authorizer shall notify the following of the proposed termination in writing,
306 state the grounds for the termination, and stipulate that the charter school governing board may
307 request an informal hearing before the authorizer:
308 (i) the charter school governing board; and
309 (ii) if the charter school is a qualifying charter school with outstanding bonds issued in
310 accordance with Part 6, Charter School Credit Enhancement Program, the Utah Charter School
311 Finance Authority.
312 (b) Except as provided in Subsection (2)(e), the authorizer shall conduct the hearing in
313 accordance with Title 63G, Chapter 4, Administrative Procedures Act, within 30 days after
314 receiving a written request under Subsection (2)(a).
315 (c) If the authorizer, by majority vote, approves a motion to terminate a charter school,
316 the charter school governing board may appeal the decision to the state board.
317 (d) (i) The state board shall hear an appeal of a termination made pursuant to
318 Subsection (2)(c).
319 (ii) The state board's action is final action subject to judicial review.
320 (e) (i) If the authorizer proposes to terminate the charter agreement of a qualifying
321 charter school with outstanding bonds issued in accordance with Part 6, Charter School Credit
322 Enhancement Program, the authorizer shall conduct a hearing described in Subsection (2)(b)
323 120 days or more after notifying the following of the proposed termination:
324 (A) the charter school governing board of the qualifying charter school; and
325 (B) the Utah Charter School Finance Authority.
326 (ii) Prior to the hearing described in Subsection (2)(e)(i), the Utah Charter School
327 Finance Authority shall meet with the authorizer to determine whether the deficiency may be
328 remedied in lieu of termination of the qualifying charter school's charter agreement.
329 (3) An authorizer may not terminate the charter agreement of a qualifying charter
330 school with outstanding bonds issued in accordance with Part 6, Charter School Credit
331 Enhancement Program, without mutual agreement of the Utah Charter School Finance
332 Authority and the authorizer.
333 (4) (a) The state board shall make rules that require a charter school to report any
334 threats to the health, safety, or welfare of its students to the State Charter School Board in a
335 timely manner.
336 (b) The rules under Subsection (4)(a) shall also require the charter school report to
337 include what steps the charter school has taken to remedy the threat.
338 (5) Subject to the requirements of Subsection (3), the authorizer may terminate a
339 charter agreement immediately if good cause has been shown or if the health, safety, or welfare
340 of the students at the school is threatened.
341 (6) If a charter agreement is terminated during a school year, the following entities may
342 apply to the charter school's authorizer to assume operation of the school:
343 (a) the school district where the charter school is located;
344 (b) the charter school governing board of another charter school; or
345 (c) a private management company.
346 (7) (a) If a charter agreement is terminated, a student who attended the school may
347 apply to and shall be enrolled in another public school under the enrollment provisions of
348 Chapter 6, Part 3, School District Residency, subject to space availability.
349 (b) Normal application deadlines shall be disregarded under Subsection (7)(a).