Chief Sponsor: Dan N. Johnson

Senate Sponsor: Chris H. Wilson


8     General Description:
9          This bill amends provisions related to personalized, competency-based learning and
10     related programs.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms and replaces "competency-based education" with "personalized,
14     competency-based learning";
15          ▸     renames the Competency-Based Education Grants Program to the Personalized
16     Competency-Based Learning Grants Program;
17          ▸     renames the Reimbursement Program for Early Graduation From
18     Competency-Based Education to Reimbursement Program for Early Graduation
19     From Personalized, Competency-Based Learning; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          53E-1-203, as last amended by Laws of Utah 2020, Chapters 365 and 388

28          53E-4-303, as last amended by Laws of Utah 2019, Chapters 186 and 202
29          53F-2-511, as last amended by Laws of Utah 2020, Chapter 408
30          53F-5-501, as last amended by Laws of Utah 2019, Chapter 186
31          53F-5-502, as last amended by Laws of Utah 2020, Chapter 408
32          53F-5-507, as last amended by Laws of Utah 2019, Chapter 267
33          53G-7-215, as last amended by Laws of Utah 2019, Chapter 293

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 53E-1-203 is amended to read:
37          53E-1-203. State Superintendent's Annual Report.
38          (1) The state board shall prepare and submit to the governor, the Education Interim
39     Committee, and the Public Education Appropriations Subcommittee, by January 15 of each
40     year, an annual written report known as the State Superintendent's Annual Report that includes:
41          (a) the operations, activities, programs, and services of the state board;
42          (b) subject to Subsection (4)(b), all reports listed in Subsection (4)(a); and
43          (c) data on the general condition of the schools with recommendations considered
44     desirable for specific programs, including:
45          (i) a complete statement of fund balances;
46          (ii) a complete statement of revenues by fund and source;
47          (iii) a complete statement of adjusted expenditures by fund, the status of bonded
48     indebtedness, the cost of new school plants, and school levies;
49          (iv) a complete statement of state funds allocated to each school district and charter
50     school by source, including supplemental appropriations, and a complete statement of
51     expenditures by each school district and charter school, including supplemental appropriations,
52     by function and object as outlined in the United States Department of Education publication
53     "Financial Accounting for Local and State School Systems";
54          (v) a statement that includes data on:
55          (A) fall enrollments;
56          (B) average membership;
57          (C) high school graduates;
58          (D) licensed and classified employees, including data reported by school districts on

59     educator ratings described in Section 53G-11-511;
60          (E) pupil-teacher ratios;
61          (F) average class sizes;
62          (G) average salaries;
63          (H) applicable private school data; and
64          (I) data from statewide assessments described in Section 53E-4-301 for each school
65     and school district;
66          (vi) statistical information regarding incidents of delinquent activity in the schools or at
67     school-related activities; and
68          (vii) other statistical and financial information about the school system that the state
69     superintendent considers pertinent.
70          (2) (a) For the purposes of Subsection (1)(c)(v):
71          (i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
72     students enrolled in a school by the number of full-time equivalent teachers assigned to the
73     school, including regular classroom teachers, school-based specialists, and special education
74     teachers;
75          (ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
76     the schools within a school district;
77          (iii) the pupil-teacher ratio for charter schools aggregated shall be the median
78     pupil-teacher ratio of charter schools in the state; and
79          (iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
80     pupil-teacher ratio of public schools in the state.
81          (b) The report shall:
82          (i) include the pupil-teacher ratio for:
83          (A) each school district;
84          (B) the charter schools aggregated; and
85          (C) the state's public schools aggregated; and
86          (ii) identify a website where pupil-teacher ratios for each school in the state may be
87     accessed.
88          (3) For each operation, activity, program, or service provided by the state board, the
89     annual report shall include:

90          (a) a description of the operation, activity, program, or service;
91          (b) data and metrics:
92          (i) selected and used by the state board to measure progress, performance,
93     effectiveness, and scope of the operation, activity, program, or service, including summary
94     data; and
95          (ii) that are consistent and comparable for each state operation, activity, program, or
96     service;
97          (c) budget data, including the amount and source of funding, expenses, and allocation
98     of full-time employees for the operation, activity, program, or service;
99          (d) historical data from previous years for comparison with data reported under
100     Subsections (3)(b) and (c);
101          (e) goals, challenges, and achievements related to the operation, activity, program, or
102     service;
103          (f) relevant federal and state statutory references and requirements;
104          (g) contact information of officials knowledgeable and responsible for each operation,
105     activity, program, or service; and
106          (h) other information determined by the state board that:
107          (i) may be needed, useful, or of historical significance; or
108          (ii) promotes accountability and transparency for each operation, activity, program, or
109     service with the public and elected officials.
110          (4) (a) Except as provided in Subsection (4)(b), the annual report shall also include:
111          (i) the report described in Section 53E-3-507 by the state board on career and technical
112     education needs and program access;
113          (ii) through October 1, 2022, the report described in Section 53E-3-515 by the state
114     board on the Hospitality and Tourism Management Career and Technical Education Pilot
115     Program;
116          (iii) beginning on July 1, 2023, the report described in Section 53E-3-516 by the state
117     board on certain incidents that occur on school grounds;
118          (iv) the report described in Section 53E-4-202 by the state board on the development
119     and implementation of the core standards for Utah public schools;
120          (v) the report described in Section 53E-5-310 by the state board on school turnaround

121     and leadership development;
122          (vi) the report described in Section 53E-10-308 by the state board and Utah Board of
123     Higher Education on student participation in the concurrent enrollment program;
124          (vii) the report described in Section 53F-2-503 by the state board on early literacy;
125          (viii) the report described in Section 53F-5-506 by the state board on information
126     related to personalized, competency-based [education] learning;
127          (ix) the report described in Section 53G-9-802 by the state board on dropout prevention
128     and recovery services; and
129          (x) the report described in Section 53G-10-204 by the state board on methods used, and
130     the results being achieved, to instruct and prepare students to become informed and responsible
131     citizens.
132          (b) The Education Interim Committee or the Public Education Appropriations
133     Subcommittee may request a report described in Subsection (4)(a) to be reported separately
134     from the State Superintendent's Annual Report.
135          (5) The annual report shall be designed to provide clear, accurate, and accessible
136     information to the public, the governor, and the Legislature.
137          (6) The state board shall:
138          (a) submit the annual report in accordance with Section 68-3-14; and
139          (b) make the annual report, and previous annual reports, accessible to the public by
140     placing a link to the reports on the state board's website.
141          (7) (a) Upon request of the Education Interim Committee or Public Education
142     Appropriations Subcommittee, the state board shall present the State Superintendent's Annual
143     Report to either committee.
144          (b) After submitting the State Superintendent's Annual Report in accordance with this
145     section, the state board may supplement the report at a later time with updated data,
146     information, or other materials as necessary or upon request by the governor, the Education
147     Interim Committee, or the Public Education Appropriations Subcommittee.
148          Section 2. Section 53E-4-303 is amended to read:
149          53E-4-303. Utah standards assessments -- Administration -- Review committee.
150          (1) As used in this section, "computer adaptive assessment" means an assessment that
151     measures the range of a student's ability by adapting to the student's responses, selecting more

152     difficult or less difficult questions based on the student's responses.
153          (2) The state board shall:
154          (a) adopt a standards assessment that:
155          (i) measures a student's proficiency in:
156          (A) mathematics for students in each of grades 3 through 8;
157          (B) English language arts for students in each of grades 3 through 8;
158          (C) science for students in each of grades 4 through 8; and
159          (D) writing for students in at least grades 5 and 8; and
160          (ii) except for the writing measurement described in Subsection (2)(a)(i)(D), is a
161     computer adaptive assessment; and
162          (b) ensure that an assessment described in Subsection (2)(a) is:
163          (i) a criterion referenced assessment;
164          (ii) administered online;
165          (iii) aligned with the core standards for Utah public schools; and
166          (iv) adaptable to personalized, competency-based [education as] learning, as that term
167     is defined in Section 53F-5-501.
168          (3) A school district or charter school shall annually administer the standards
169     assessment adopted by the state board under Subsection (2) to all students in the subjects and
170     grade levels described in Subsection (2).
171          (4) (a) Except as provided in Subsection (4)(b), a student's score on the standards
172     assessment adopted under Subsection (2) may not be considered in determining:
173          (i) the student's academic grade for a course; or
174          (ii) whether the student may advance to the next grade level.
175          (b) A teacher may use a student's score on the standards assessment adopted under
176     Subsection (2) to improve the student's academic grade for or demonstrate the student's
177     competency within a relevant course.
178          (5) (a) The state board shall establish a committee consisting of 15 parents of Utah
179     public education students to review all standards assessment questions.
180          (b) The committee established in Subsection (5)(a) shall include the following parent
181     members:
182          (i) five members appointed by the chair of the state board;

183          (ii) five members appointed by the speaker of the House of Representatives or the
184     speaker's designee; and
185          (iii) five members appointed by the president of the Senate or the president's designee.
186          (c) The state board shall provide staff support to the parent committee.
187          (d) The term of office of each member appointed in Subsection (5)(b) is four years.
188          (e) The chair of the state board, the speaker of the House of Representatives, and the
189     president of the Senate shall adjust the length of terms to stagger the terms of committee
190     members so that approximately half of the committee members are appointed every two years.
191          (f) No member may receive compensation or benefits for the member's service on the
192     committee.
193          Section 3. Section 53F-2-511 is amended to read:
194          53F-2-511. Reimbursement Program for Early Graduation From Personalized,
195     Competency-Based Learning.
196          (1) As used in this section:
197          (a) "Cohort" means a group of students, defined by the year in which the group enters
198     grade 9.
199          (b) "Eligible LEA" means an LEA that has demonstrated to the state board that the
200     LEA or, for a school district, a school within the LEA, provides and facilitates personalized,
201     competency-based [education] learning that:
202          (i) is based on the [core] principles described in Section [53F-5-502] 53F-5-501; and
203          (ii) meets other criteria established by the state board in rule made in accordance with
204     Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
205          (c) "Eligible student" means an individual who:
206          (i) attended an eligible LEA and graduated by completing graduation requirements, as
207     described in Section 53E-4-204, earlier than that individual's cohort completed graduation
208     requirements because of the individual's participation in the eligible LEA's personalized,
209     competency-based [education] learning;
210          (ii) no longer attends the eligible LEA; and
211          (iii) is not included in the LEA's average daily membership under this chapter.
212          (d) "Partial pupil" means if an eligible student attends less than a full year of
213     membership, the number of days the student was in membership compared to a full

214     membership year.
215          (e) "Program" means the Reimbursement Program for Early Graduation From
216     Personalized, Competency-Based [Education] Learning established in this section.
217          (2) (a) There is established the Reimbursement Program for Early Graduation From
218     Personalized, Competency-Based [Education] Learning.
219          (b) Subject to future budget constraints, the Legislature may annually appropriate
220     money to the Reimbursement Program for Early Graduation From Personalized,
221     Competency-Based [Education] Learning.
222          (3) An LEA may apply to the state board to receive a reimbursement, as described in
223     Subsection (5), for an eligible student.
224          (4) The state board shall approve a reimbursement to an LEA after the LEA
225     demonstrates:
226          (a) that the LEA is an eligible LEA; and
227          (b) that the individual for whom the eligible LEA requests reimbursement is an eligible
228     student.
229          (5) (a) For each eligible student, the state board shall only reimburse an eligible LEA:
230          (i) if the eligible student attended the eligible LEA for less than a full school year
231     before the eligible student's cohort graduated, up to the value of one weighted pupil unit pro
232     rated based on the difference between:
233          (A) the number of days of partial pupil in average daily membership earned by the
234     eligible LEA while the eligible student was still in attendance; and
235          (B) a full pupil in average daily membership; and
236          (ii) the value of one weighted pupil unit for each full school year the eligible student
237     graduated ahead of the eligible student's cohort.
238          (b) The state board shall:
239          (i) use data from the prior year average daily membership to determine the number of
240     eligible students; and
241          (ii) reimburse the eligible LEA in the current school year.
242          (6) The state board shall, in accordance with Title 63G, Chapter 3, Utah Administrative
243     Rulemaking Act, adopt rules to administer the provisions of this section.
244          Section 4. Section 53F-5-501 is amended to read:

Part 5. Personalized, Competency-Based Learning Grants Program

246          53F-5-501. Definitions.
247          As used in this part:
248          (1) "Blended learning" means a formal education program in which a student learns:
249          (a) at least in part, through online learning with some element of student control over
250     time, place, path, and pace;
251          (b) at least in part, in a supervised brick-and-mortar location away from home; and
252          (c) in a program in which the modalities along each student's learning path within a
253     course or subject are connected to provide an integrated learning experience.
254          [(2) "Competency-Based education" means a system where a student advances to
255     higher levels of learning when the student demonstrates competency of concepts and skills
256     regardless of time, place, or pace.]
257          [(3)] (2) "Extended learning" means learning opportunities outside of a traditional
258     school structure, including:
259          (a) online learning available anywhere, anytime;
260          (b) career-based experiences, including internships and job shadowing;
261          (c) community-based projects; and
262          (d) off-site postsecondary learning.
263          [(4)] (3) "Grant program" means the Personalized Competency-Based [Education]
264     Learning Grants Program created in this part.
265          [(5)] (4) "Institution of higher education" means an institution listed in Section
266     53B-1-102.
267          (5) Personalized, Competency-Based Learning means a system of learning in which the
268     following principles influence the daily actions of the educational community:
269          (a) students are empowered daily to make important decisions about the students'
270     learning experiences, how the students will create and apply knowledge, and how students will
271     demonstrate the students' learning;
272          (b) assessment is a meaningful, positive, and empowering learning experience for
273     students that yields timely, relevant, and actionable evidence;
274          (c) students receive timely, differentiated support based on the students' individual
275     learning needs;

276          (d) students progress based on evidence of mastery rather than by hours of attendance;
277          (e) students learn actively using different pathways and varied pacing;
278          (f) strategies to ensure equity for all students are embedded in the culture, structure,
279     and pedagogy of schools and education systems; and
280          (g) rigorous, common expectations for learning, including knowledge, skills, and
281     dispositions, are explicit, transparent, measurable, and transferable.
282          (6) "Review committee" means the committee established under Section 53F-5-502.
283          (7) "STEM" means science, technology, engineering, and mathematics.
284          Section 5. Section 53F-5-502 is amended to read:
285          53F-5-502. Personalized Competency-Based Learning Grants Program -- State
286     board duties -- Review committee -- Technical assistance training.
287          (1) There is created the Personalized Competency-Based [Education] Learning Grants
288     Program consisting of the grants created in this part to improve educational outcomes in public
289     schools [by advancing student mastery of concepts and skills through the following core
290     principles:] through personalized, competency-based learning.
291          [(a) student advancement upon mastery of a concept or skill;]
292          [(b) competencies that include explicit, measurable, and transferable learning
293     objectives that empower a student;]
294          [(c) assessment that is meaningful and provides a positive learning experience for a
295     student;]
296          [(d) timely, differentiated support based on a student's individual learning needs; and]
297          [(e) learning outcomes that emphasize competencies that include application and
298     creation of knowledge along with the development of important skills and dispositions.]
299          (2) The grant program shall incentivize an LEA to establish personalized,
300     competency-based [education] learning within the LEA through the use of:
301          (a) personalized learning;
302          (b) blended learning;
303          (c) extended learning;
304          (d) educator professional learning in personalized, competency-based [education]
305     learning; or
306          (e) any other method that emphasizes [the core principles described in Subsection (1)]

307     personalized, competency-based learning.
308          (3) The state board shall:
309          (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
310     adopt rules:
311          (i) for the administration of the grant program and awarding of grants; and
312          (ii) to define outcome-based measures appropriate to the type of grant for an LEA that
313     is awarded a grant under this part to use to measure the performance of the LEA's plan or
314     program;
315          (b) establish a grant application process;
316          (c) in accordance with Subsection (4), establish a review committee to make
317     recommendations to the state board for:
318          (i) metrics to analyze the quality of a grant application; and
319          (ii) approval of a grant application; and
320          (d) with input from the review committee, adopt metrics to analyze the quality of a
321     grant application.
322          (4) (a) The review committee shall consist of STEM and blended learning experts,
323     current and former school administrators, current and former teachers, and at least one former
324     school district superintendent, in addition to other staff designated by the state board.
325          (b) The review committee shall:
326          (i) review a grant application submitted by an LEA;
327          (ii) make recommendations to the LEA to modify the application, if necessary; and
328          (iii) make recommendations to the state board regarding the final disposition of an
329     application.
330          (5) (a) The state board shall provide technical assistance training to assist an LEA with
331     a grant application under this part.
332          (b) An LEA may not apply for a grant under this part unless:
333          (i) a representative of the LEA attends the technical assistance training before the LEA
334     submits a grant application; and
335          (ii) the representative is a superintendent, principal, or a person in a leadership position
336     within the LEA.
337          (c) The technical assistance training shall include:

338          (i) instructions on completing a grant application, including grant application
339     requirements;
340          (ii) information on the scoring metrics used to review a grant application; and
341          (iii) information on personalized, competency-based [education] learning.
342          (6) The state board may use up to 5% of an appropriation provided to fund this part for
343     administration of the grant program.
344          Section 6. Section 53F-5-507 is amended to read:
345          53F-5-507. Cooperation of institutions of higher education -- Transferring
346     students not to be penalized.
347          (1) An institution of higher education:
348          (a) shall, for purposes of admission, scholarships, and other financial aid consideration,
349     recognize and accept on equal footing as a traditional high school diploma a high school
350     diploma awarded to a student who successfully completes an educational program that uses, in
351     whole or in part, personalized, competency-based [education] learning; and
352          (b) cooperate with an LEA:
353          (i) as applicable, to facilitate the advancement of a student who attends a personalized,
354     competency-based [education] learning program; and
355          (ii) as requested, in the development of an LEA plan or program under this part.
356          (2) If a student attending an LEA that establishes personalized, competency-based
357     [education] learning within the LEA transfers to another school within the LEA or to another
358     LEA entirely that does not have a personalized, competency-based [education] learning
359     program, the student may not be penalized by being required to repeat course work that the
360     student has successfully completed, changing the student's grade, or receive any other penalty
361     related to the student's previous attendance in the personalized, competency-based [education]
362     learning program.
363          Section 7. Section 53G-7-215 is amended to read:
364          53G-7-215. Personalized, competency-based learning -- Recommendations --
365     Coordination.
366          (1) As used in this section, "personalized, competency-based [education] learning"
367     means the same as that term is defined in Section 53F-5-501.
368          (2) A local school board or a charter school governing board may establish a

369     personalized, competency-based [education] learning program.
370          (3) A local school board or charter school governing board that establishes a
371     personalized, competency-based [education] learning program shall:
372          (a) establish assessments to accurately measure competency;
373          (b) provide the assessments to an enrolled student at no cost to the student;
374          (c) award credit to a student who demonstrates competency and subject mastery;
375          (d) submit the competency-based standards to the state board for review; and
376          (e) publish the competency-based standards on its website or by other electronic means
377     readily accessible to the public.
378          (4) A local school board or charter school governing board may:
379          (a) on a random lottery-based basis, limit enrollment to courses that have been
380     designated as competency-based courses;
381          (b) waive or adapt traditional attendance requirements;
382          (c) adjust class sizes to maximize the value of course instructors or course mentors;
383          (d) enroll students from any geographic location within the state; and
384          (e) provide proctored online competency-based assessments.