7 LONG TITLE
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:
23 Other Special Clauses:
25 Utah Code Sections Affected:
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
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
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
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
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
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 [
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
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 [
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
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
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 [
202 (i) is based on the [
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 [
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 [
217 (2) (a) There is established the Reimbursement Program for Early Graduation From
218 Personalized, Competency-Based [
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 [
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
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
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:
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.
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.
264 Learning Grants Program created in this part.
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 [
288 Program consisting of the grants created in this part to improve educational outcomes in public
289 schools [
299 (2) The grant program shall incentivize an LEA to establish personalized,
300 competency-based [
301 (a) personalized learning;
302 (b) blended learning;
303 (c) extended learning;
304 (d) educator professional learning in personalized, competency-based [
305 learning; or
306 (e) any other method that emphasizes [
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
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
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
340 (ii) information on the scoring metrics used to review a grant application; and
341 (iii) information on personalized, competency-based [
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 [
352 (b) cooperate with an LEA:
353 (i) as applicable, to facilitate the advancement of a student who attends a personalized,
354 competency-based [
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
358 LEA entirely that does not have a personalized, competency-based [
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 [
362 learning program.
363 Section 7. Section 53G-7-215 is amended to read:
364 53G-7-215. Personalized, competency-based learning -- Recommendations --
366 (1) As used in this section, "personalized, competency-based [
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 [
370 (3) A local school board or charter school governing board that establishes a
371 personalized, competency-based [
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.