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8 LONG TITLE
9 General Description:
10 This bill makes amendments to provisions related to public school assessment and
11 accountability.
12 Highlighted Provisions:
13 This bill:
14 ▸ provides that, for the 2020-2021 school year, the State Board of Education (state
15 board) is not required to:
16 • identify schools not achieving state established acceptable levels of student
17 performance for the 2020-2021 school year;
18 • assign to each school an overall rating using an A through F letter grading scale;
19 • publish a report card for each school on the state board's website; or
20 • determine school performance success and student academic achievement under
21 the Teacher and Student Success Program;
22 ▸ for the 2020-21, 2021-22, and 2022-23 school years, makes changes to the
23 permitted uses for school turnaround funds appropriated in prior years;
24 ▸ removes the exception for assigning an overall rating to a school when the state
25 board establishes a new baseline to determine student growth due to a transition to a
26 new assessment; and
27 ▸ makes technical and conforming changes.
28 Money Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 AMENDS:
34 53E-4-311, as last amended by Laws of Utah 2019, Chapter 186
35 53E-5-204, as last amended by Laws of Utah 2020, Chapter 266
36 53E-5-211, as last amended by Laws of Utah 2019, Chapter 186
37 53E-5-305, as last amended by Laws of Utah 2020, Chapter 408
38 53G-7-1306, as last amended by Laws of Utah 2020, Chapter 408
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40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 53E-4-311 is amended to read:
42 53E-4-311. Analysis of results -- Staff professional development.
43 (1) The state board, through the state superintendent, shall develop an online data
44 reporting tool to analyze the results of statewide assessments.
45 (2) The online data reporting tool shall include components designed to:
46 (a) assist school districts and individual schools to use the results of the analysis in
47 planning, evaluating, and enhancing programs;
48 (b) identify schools not achieving state-established acceptable levels of student
49 performance in order to assist those schools in improving student performance levels; and
50 (c) provide:
51 (i) for statistical reporting of statewide assessment results at state, school district,
52 school, and grade or course levels; and
53 (ii) actual levels of performance on statewide assessments.
54 (3) A local school board or charter school governing board shall provide for:
55 (a) evaluation of the statewide assessment results and use of the evaluations in setting
56 goals and establishing programs; and
57 (b) a professional development program that provides teachers, principals, and other
58 professional staff with the training required to successfully establish and maintain statewide
59 assessments.
60 (4) The state board is not required to identify schools not achieving state-established
61 acceptable levels of student performance as described in Subsection (2)(b) for the 2020-2021
62 school year.
63 Section 2. Section 53E-5-204 is amended to read:
64 53E-5-204. Rating schools.
65 (1) Except as provided in Subsection (3), and in accordance with this part, the state
66 board shall annually assign to each school an overall rating using an A through F letter grading
67 scale where, based on the school's performance level on the indicators described in Subsection
68 (2):
69 (a) an A grade represents an exemplary school;
70 (b) a B grade represents a commendable school;
71 (c) a C grade represents a typical school;
72 (d) a D grade represents a developing school; and
73 (e) an F grade represents a critical needs school.
74 (2) A school's overall rating described in Subsection (1) shall be based on the school's
75 performance on the indicators described in:
76 (a) Section 53E-5-205, for an elementary school or a middle school; or
77 (b) Section 53E-5-206, for a high school.
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83 the state board:
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85 indicators described in Subsection (2) and in accordance with this part; and
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87 Section 3. Section 53E-5-211 is amended to read:
88 53E-5-211. Reporting.
89 (1) [
90 on the state board's website a report card that includes for each school:
91 (a) the school's overall rating described in Subsection 53E-5-204(1);
92 (b) the school's performance on each indicator described in:
93 (i) Section 53E-5-205, for an elementary school or a middle school; or
94 (ii) Section 53E-5-206, for a high school;
95 (c) information comparing the school's performance on each indicator described in
96 Subsection (1)(b) with:
97 (i) the average school performance; and
98 (ii) the school's performance in all previous years for which data is available;
99 (d) the percentage of students who participated in statewide assessments;
100 (e) for an elementary school, the percentage of students who read on grade level in
101 grades 1 through 3; and
102 (f) for a high school, performance on Advanced Placement exams.
103 (2) The state board shall collect, but is not required to publish the information
104 described in Subsection (1) related to the 2020-2021 school year.
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106 up to two self-reported school quality indicators that:
107 (a) are approved by the state board for inclusion; and
108 (b) may include process or input indicators.
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110 that includes:
111 (i) information on the student's level of proficiency as measured by a statewide
112 assessment; and
113 (ii) a comparison of the student's academic growth target and actual academic growth
114 as measured by a statewide assessment.
115 (b) The state board shall, subject to the Family Educational Rights and Privacy Act, 20
116 U.S.C. Sec. 1232g, make the individualized student achievement report described in
117 Subsection [
118 (c) A school district or charter school shall distribute an individualized student
119 achievement report to the parent of the student to whom the report applies.
120 Section 4. Section 53E-5-305 is amended to read:
121 53E-5-305. State board to identify independent school turnaround experts --
122 Review and approval of school turnaround plans -- Appeals process.
123 (1) The state board shall identify two or more approved independent school turnaround
124 experts, through a standard procurement process, that a low performing school may contract
125 with to:
126 (a) respond to the needs assessment conducted under Section 53E-5-302; and
127 (b) provide the services described in Section 53E-5-303 or 53E-5-304, as applicable.
128 (2) In identifying independent school turnaround experts under Subsection (1), the state
129 board shall identify experts that:
130 (a) have a credible track record of improving student academic achievement in public
131 schools with various demographic characteristics, as measured by statewide assessments
132 described in Section 53E-4-301;
133 (b) have experience designing, implementing, and evaluating data-driven instructional
134 systems in public schools;
135 (c) have experience coaching public school administrators and teachers on designing
136 data-driven school improvement plans;
137 (d) have experience working with the various education entities that govern public
138 schools;
139 (e) have experience delivering high-quality professional development in instructional
140 effectiveness to public school administrators and teachers; and
141 (f) are willing to partner with any low performing school in the state, regardless of
142 location.
143 (3) (a) The state board shall:
144 (i) review a proposal submitted for approval under Section 53E-5-303 or 53E-5-304 no
145 later than 30 days after the day on which the proposal is submitted;
146 (ii) review a school turnaround plan submitted for approval under Subsection
147 53E-5-303(7)(b) or under Subsection 53E-5-304(9)(b) within 30 days of submission; and
148 (iii) approve a school turnaround plan that:
149 (A) is timely;
150 (B) is well-developed; and
151 (C) meets the criteria described in Subsection 53E-5-303(5).
152 (b) The state board may not approve a school turnaround plan that is not aligned with
153 the needs assessment conducted under Section 53E-5-302.
154 (4) (a) Subject to legislative appropriations, when a school turnaround plan is approved
155 by the state board, the state board shall distribute funds to each LEA governing board with a
156 low performing school to carry out the provisions of Sections 53E-5-303 and 53E-5-304.
157 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
158 state board shall make rules establishing a distribution method and allowable uses of the funds
159 described in Subsection (4)(a).
160 (5) The state board shall:
161 (a) monitor and assess progress toward the goals, benchmarks and timetable in each
162 school turnaround plan; and
163 (b) act as a liaison between a local school board, low performing school, and
164 turnaround expert.
165 (6) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
166 the state board shall make rules to establish an appeals process for:
167 (i) a low performing district school that is not granted approval from the district
168 school's local school board under Subsection 53E-5-303(7)(b);
169 (ii) a low performing charter school that is not granted approval from the charter
170 school's charter school governing board under Subsection 53E-5-304(9)(b); and
171 (iii) a local school board or charter school governing board that is not granted approval
172 from the state board under Subsection (3)(a) or (b).
173 (b) The state board shall ensure that rules made under Subsection (6)(a) require an
174 appeals process described in:
175 (i) Subsections (6)(a)(i) and (ii) to be resolved on or before July 1 of the initial
176 remedial year; and
177 (ii) Subsection (6)(a)(iii) to be resolved on or before August 15 of the initial remedial
178 year.
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180 funds appropriated by the Legislature to carry out the provisions of this part for administration
181 if the amount for administration is approved by the state board in an open meeting.
182 (8) For the 2020-21, 2021-22, and 2022-23 school years, if the state board approves the
183 use in an open meeting, the state board may use funds the Legislature appropriated in prior
184 years to carry out the provisions of this part:
185 (a) for administration;
186 (b) up to $1 million to contract with a provider, through a request for proposals
187 process, to pilot complementary approaches to school improvement that draw on community
188 resources and engagement; and
189 (c) to analyze the effectiveness of supports provided:
190 (i) under this part; and
191 (ii) by other school improvement programs.
192 Section 5. Section 53G-7-1306 is amended to read:
193 53G-7-1306. School improvement oversight -- Performance standards.
194 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
195 state board shall make rules that:
196 (a) using a criteria-setting process, determine a threshold of points under the statewide
197 school accountability system that designates a school as succeeding in school performance and
198 student academic achievement; and
199 (b) determine performance standards for a school described in Section 53E-5-203.
200 (2) (a) [
201 which a school received approval for a success plan, an LEA governing board shall determine
202 if the school:
203 (i) meets or exceeds the threshold of points described in Subsection (1);
204 (ii) has demonstrated at least a 1% increase in the school's total points received under
205 the statewide school accountability system compared to the previous school year; or
206 (iii) qualifies for and satisfies the performance standards described in Subsection
207 (1)(b).
208 (b) If the LEA governing board determines that a school does not satisfy Subsection
209 (2)(a)(i), (ii), or (iii), the LEA governing board shall:
210 (i) work with the school's principal to modify the school's success plan to address the
211 school's performance; and
212 (ii) oversee and adjust the school's allocation expenditures until the LEA governing
213 board determines the school satisfies Subsection (2)(a)(i), (ii), or (iii).
214 (3) An LEA is not required to make the determination described in Subsection (2)(a)
215 during the 2021-2022 school year.