1     
STUDENT INTERVENTION EARLY WARNING PROGRAM

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Val L. Peterson

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill converts the student intervention early warning pilot program into an ongoing
10     program.
11     Highlighted Provisions:
12          This bill:
13          ▸     removes a repeal date for the student intervention early warning program;
14          ▸     removes a two-year pilot program limitation on a contract for the program; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          53F-4-207, as enacted by Laws of Utah 2020, Chapter 216
23          63I-2-253, as last amended by Laws of Utah 2021, First Special Session, Chapter 14
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 53F-4-207 is amended to read:
27          53F-4-207. Student intervention early warning program.
28          (1) As used in this section:
29          (a) "Digital program" means a program that provides information for student early
30     intervention as described in this section.
31          (b) "Online data reporting tool" means a system described in Section 53E-4-311.
32          (c) "Participating LEA" means an LEA that receives access to a digital program under
33     Subsection (5).
34          (2) (a) The state board shall, subject to legislative appropriations:
35          (i) subject to Subsection (2)(c), enhance the online data reporting tool and provide
36     additional formative actionable data on student outcomes; and
37          (ii) select through a competitive contract process a provider to provide to an LEA a
38     digital program as described in this section.
39          [(b) The contract described in Subsection (2)(a)(ii) shall be for a two-year pilot
40     program.]
41          [(c)] (b) Information collected or used by the state board for purposes of enhancing the
42     online data reporting tool in accordance with this section may not identify a student
43     individually.
44          [(d)] (c) The state board shall make rules in accordance with Title 63G, Chapter 3,
45     Utah Administrative Rulemaking Act, to define the primary exceptionalities described in
46     Subsection (3)(e)(ii).
47          (3) The enhancement to the online data reporting tool and the digital program shall:
48          (a) be designed with a user-appropriate interface for use by teachers, school
49     administrators, and parents;
50          (b) provide reports on a student's results at the student level on:
51          (i) a national assessment;
52          (ii) a local assessment; and
53          (iii) a standards assessment described in Section 53E-4-303;
54          (c) have the ability to provide data from aggregate student reports based on a student's:
55          (i) teacher;
56          (ii) school;
57          (iii) school district, if applicable; or
58          (iv) ethnicity;
59          (d) provide a viewer with the ability to view the data described in Subsection (2)(c) on
60     a single computer screen;
61          (e) have the ability to compare the performance of students, for each teacher, based on
62     a student's:
63          (i) gender;
64          (ii) special needs, including primary exceptionality as defined by state board rule;
65          (iii) English proficiency;
66          (iv) economic status;
67          (v) migrant status;
68          (vi) ethnicity;
69          (vii) response to tiered intervention;
70          (viii) response to tiered intervention enrollment date;
71          (ix) absence rate;
72          (x) feeder school;
73          (xi) type of school, including primary or secondary, public or private, Title I, or other
74     general school-type category;
75          (xii) course failures; and
76          (xiii) other criteria, as determined by the state board; and
77          (f) have the ability to load data from a local, national, or other assessment in the data's
78     original format within a reasonable time.
79          (4) Subject to legislative appropriations, the online data reporting tool and digital
80     program shall:
81          (a) integrate criteria for early warning indicators, including the following criteria:
82          (i) discipline;
83          (ii) attendance;
84          (iii) behavior;
85          (iv) course failures; and
86          (v) other criteria as determined by a local school board or charter school governing
87     board;
88          (b) provide a teacher or administrator the ability to view the early warning indicators
89     described in Subsection (4)(a) with a student's assessment results described in Subsection
90     (3)(b);
91          (c) provide data on response to intervention using existing assessments or measures
92     that are manually added, including assessment and nonacademic measures;
93          (d) provide a user the ability to share interventions within a reporting environment and
94     add comments to inform other teachers, administrators, and parents;
95          (e) save and share reports among different teachers and school administrators, subject
96     to the student population information a teacher or administrator has the rights to access;
97          (f) automatically flag a student profile when early warning thresholds are met so that a
98     teacher can easily identify a student who may be in need of intervention;
99          (g) incorporate a variety of algorithms to support student learning outcomes and
100     provide student growth reporting by teacher;
101          (h) integrate response to intervention tiers and activities as filters for the reporting of
102     individual student data and aggregated data, including by ethnicity, school, or teacher;
103          (i) have the ability to generate parent communication to alert the parent of academic
104     plans or interventions; and
105          (j) configure alerts based upon student academic results, including a student's
106     performance on the previous year's standards assessment described in Section 53E-4-303.
107          (5) (a) The state board shall, subject to legislative appropriations, select an LEA to
108     receive access to a digital program through a provider described in Subsection (2)(a)(ii).
109          (b) An LEA that receives access to a digital program shall:
110          (i) pay for 50% of the cost of providing access to the digital program to the LEA; and
111          (ii) no later than one school year after accessing a digital program, report to the state
112     board in a format required by the state board on:
113          (A) the effectiveness of the digital program;
114          (B) positive and negative attributes of the digital program;
115          (C) recommendations for improving the online data reporting tool; and
116          (D) any other information regarding a digital program requested by the state board.
117          (c) The state board shall consider recommendations from an LEA for changes to the
118     online data reporting tool.
119          (6) Information described in this section shall be used in accordance with and provided
120     subject to:
121          (a) Title 53E, Chapter 9, Student Privacy and Data Protection; [and]
122          (b) Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g[.]; and
123          (c) the parental consent requirements in Section 53E-9-203.
124          (7) (a) A parent or guardian may opt the parent's or guardian's student out of
125     participating in a survey prepared by a participating LEA's online data reporting tool described
126     in this section.
127          (b) An LEA shall provide notice to a parent of:
128          (i) the administration of a survey described in Subsection (7)(a);
129          (ii) if applicable, that the survey may request information from students that is non-
130     academic in nature;
131          (iii) where the parent may access the survey described in Subsection (7)(a) to be
132     administered; and
133          (iv) the opportunity to opt a student out of participating in a survey as described in
134     Subsection (7)(a).
135          (c) A participating LEA shall annually provide notice to parents and guardians on how
136     the participating LEA uses student data through the online data reporting tool to provide
137     instruction and intervention to students.
138          Section 2. Section 63I-2-253 is amended to read:
139          63I-2-253. Repeal dates -- Titles 53 through 53G.
140          (1) Section 53-1-106.1 is repealed January 1, 2022.
141          (2) (a) Section 53-2a-217, regarding procurement during an epidemic or pandemic
142     emergency, is repealed on December 31, 2021.
143          (b) When repealing Section 53-2a-217, the Office of Legislative Research and General
144     Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
145     necessary changes to subsection numbering and cross references.
146          [(3) Section 53-2a-219, in relation to termination of emergency powers pertaining to
147     COVID-19, is repealed on July 1, 2021.]
148          [(4)] (3) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
149     technical college board of trustees, is repealed July 1, 2022.
150          (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
151     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
152     necessary changes to subsection numbering and cross references.
153          [(5)] (4) Section 53B-6-105.7 is repealed July 1, 2024.
154          [(6) (a) Subsection 53B-7-705(6)(b)(iii)(A), the language that states "Except as
155     provided in Subsection (6)(b)(iii)(B)," is repealed July 1, 2021.]
156          [(b) Subsection 53B-7-705(6)(b)(iii)(B), regarding comparing a technical college's
157     change in performance with the technical college's average performance, is repealed July 1,
158     2021.]
159          [(7) (a) Subsection 53B-7-707(3)(a)(ii), the language that states "Except as provided in
160     Subsection (3)(b)," is repealed July 1, 2021.]
161          [(b) Subsection 53B-7-707(3)(b), regarding performance data of a technical college
162     during a fiscal year before fiscal year 2020, is repealed July 1, 2021.]
163          [(8)] (5) Section 53B-7-707 regarding performance metrics for technical colleges is
164     repealed July 1, 2023.
165          [(9)] (6) Section 53B-8-114 is repealed July 1, 2024.
166          [(10)] (7) The following sections, regarding the Regents' scholarship program, are
167     repealed on July 1, 2023:
168          (a) Section 53B-8-202;
169          (b) Section 53B-8-203;
170          (c) Section 53B-8-204; and
171          (d) Section 53B-8-205.
172          [(11)] (8) Section 53B-10-101 is repealed on July 1, 2027.
173          [(12)] (9) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
174     repealed July 1, 2023.
175          [(13)] (10) Section 53E-1-202.2, regarding a Public Education Appropriations
176     Subcommittee evaluation and recommendations, is repealed January 1, 2024.
177          [(14) Section 53E-3-520 is repealed July 1, 2021.]
178          [(15)] (11) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed
179     July 1, 2024.
180          [(16)] (12) In Subsections 53F-2-205(4) and (5), regarding the State Board of
181     Education's duties if contributions from the minimum basic tax rate are overestimated or
182     underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
183     2023.
184          [(17)] (13) Section 53F-2-209, regarding local education agency budgetary flexibility,
185     is repealed July 1, 2024.
186          [(18)] (14) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
187     repealed July 1, 2023.
188          [(19)] (15) Section 53F-2-302.1, regarding the Enrollment Growth Contingency
189     Program, is repealed July 1, 2023.
190          [(20)] (16) Subsection 53F-2-314(4), relating to a one-time expenditure between the
191     at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
192          [(21)] (17) Section 53F-2-418, regarding the Supplemental Educator COVID-19
193     Stipend, is repealed January 1, 2022.
194          [(22)] (18) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
195     applicable" is repealed July 1, 2023.
196          [(23) Section 53F-4-207 is repealed July 1, 2022.]
197          [(24)] (19) Subsection 53F-4-401(3)(b), regarding a child enrolled or eligible for
198     enrollment in kindergarten, is repealed July 1, 2022.
199          [(25)] (20) In Subsection 53F-4-404(4)(c), the language that states "Except as provided
200     in Subsection (4)(d)" is repealed July 1, 2022.
201          [(26)] (21) Subsection 53F-4-404(4)(d) is repealed July 1, 2022.
202          [(27)] (22) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
203     applicable" is repealed July 1, 2023.
204          [(28)] (23) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
205     applicable" is repealed July 1, 2023.
206          [(29)] (24) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
207     applicable" is repealed July 1, 2023.
208          [(30)] (25) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
209     as applicable" is repealed July 1, 2023.
210          [(31)] (26) Subsections 53G-10-204(1)(c) through (e), and Subsection 53G-10-204(6),
211     related to the civics engagement pilot program, are repealed on July 1, 2023.
212          [(32)] (27) On July 1, 2023, when making changes in this section, the Office of
213     Legislative Research and General Counsel shall, in addition to the office's authority under
214     Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
215     identified in this section are complete sentences and accurately reflect the office's perception of
216     the Legislature's intent.