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7 LONG TITLE
8 General Description:
9 This bill waives certain statutory requirements impacted by school closures in the
10 2019-20 school year.
11 Highlighted Provisions:
12 This bill:
13 ▸ waives the requirement to pass a basic civics test or alternate assessment as a
14 condition of graduation for certain students graduating between January 1, 2020,
15 and September 30, 2020;
16 ▸ waives the requirement for school districts to complete employee evaluations for the
17 2019-20 school year;
18 ▸ waives statutory requirements to administer assessments not administered before
19 school closures on March 16, 2020; and
20 ▸ requires the State Board of Education (state board) to submit a report to the
21 Education Interim Committee that:
22 • identifies statutory requirements impacted by assessment waivers; and
23 • provides an explanation for statutory requirements with which the state board or
24 local education agencies will not fully comply due to the assessment waivers.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 This bill provides a special effective date.
29 Utah Code Sections Affected:
30 ENACTS:
31 53E-1-204, Utah Code Annotated 1953
32 53E-4-205.1, Utah Code Annotated 1953
33 53E-4-315, Utah Code Annotated 1953
34 53G-11-504.1, Utah Code Annotated 1953
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36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 53E-1-204 is enacted to read:
38 53E-1-204. State board report to Education Interim Committee on statutory
39 requirements impacted by assessment waivers.
40 (1) As used in this section, "assessment waiver" means the waiver of assessments
41 described in Section 53E-4-315.
42 (2) On or before the Education Interim Committee's October 2020 meeting, the state
43 board shall submit a written or oral report to the Education Interim Committee that:
44 (a) (i) identifies the statutory requirements, including programs, reports, evaluations,
45 and accountability measures, impacted by the assessment waiver; and
46 (ii) describes how each statutory requirement described in Subsection (2)(a)(i) is
47 impacted by the assessment waiver;
48 (b) (i) describes the data which the state board:
49 (A) has not collected or will not collect because of the assessment waiver; and
50 (B) has collected or will collect despite the assessment waiver; and
51 (ii) if the state board has collected or will collect data that it will not publish or report,
52 explains why the state board will not publish or report the data;
53 (c) identifies the statutory requirements with which the state board or an LEA has not
54 fully complied or will not fully comply because of the assessment waiver;
55 (d) describes the extent to which the state board or an LEA has complied or will
56 comply with statutory requirements described in Subsection (2)(c); and
57 (e) explains why the state board or an LEA has not fully complied or will not fully
58 comply with the requirements described in Subsection (2)(c).
59 (3) Notwithstanding anything to the contrary in Utah law, submission of the written or
60 oral report described in Subsection (2) fulfills a statutory requirement:
61 (a) that the state board addresses in accordance with Subsection (2); and
62 (b) with which the state board or an LEA has not fully complied as described in
63 Subsection (2)(c).
64 (4) This section supersedes any conflicting provisions of Utah law.
65 Section 2. Section 53E-4-205.1 is enacted to read:
66 53E-4-205.1. Waiver of basic civics test graduation requirement.
67 (1) As used in this section, "basic civics test" means the same as that term is defined in
68 Section 53E-4-205 or an alternate assessment described in Subsection 53E-4-205(2)(b).
69 (2) A student who graduates high school between January 1, 2020, and September 30,
70 2020, is not required to meet the requirements of Section 53E-4-205 as a condition of receiving
71 a high school diploma if:
72 (a) the student is unable to complete the basic civics test due to public health related
73 school closures;
74 (b) the student's LEA submits an application to the state board for a waiver of the
75 requirement to complete the basic civics test that includes an explanation for why the student
76 was unable to complete the basic civics test due to public health related school closures; and
77 (c) the state board grants a waiver requested under Subsection (2)(b).
78 (3) The state board may grant a waiver under this section if the state board determines
79 that a student who graduates between January 1, 2020, and September 30, 2020, was unable to
80 complete the basic civics test due to public health related school closures.
81 (4) This section supersedes conflicting provisions of Utah law.
82 Section 3. Section 53E-4-315 is enacted to read:
83 53E-4-315. Waiver of requirement to administer certain assessments.
84 (1) A statutory requirement to administer an assessment with which an LEA or the
85 state board has not fully complied at the time of statewide school closures beginning on March
86 16, 2020, is waived for the 2019-20 school year.
87 (2) Nothing in this section prohibits an LEA or the state board from administering an
88 assessment.
89 (3) This section supersedes any conflicting provisions of Utah law.
90 Section 4. Section 53G-11-504.1 is enacted to read:
91 53G-11-504.1. Waiver of employee evaluation requirement.
92 (1) For the 2019-20 school year, a school district is not required to evaluate the
93 performance of each school district employee in accordance with rules of the state board
94 adopted in accordance with this part.
95 (2) This section supersedes any conflicting provisions of Utah law.
96 Section 5. Effective date.
97 If approved by two-thirds of all the members elected to each house, this bill takes effect
98 upon approval by the governor, or the day following the constitutional time limit of Utah
99 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
100 the date of veto override.