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7 LONG TITLE
8 General Description:
9 This bill makes changes to provisions related to school dropout prevention.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires a local education agency that meets certain criteria to provide dropout
13 prevention and recovery services by either:
14 • contracting with a third party; or
15 • creating a dropout prevention and recovery plan;
16 ▸ defines terms; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 53G-9-802, as last amended by Laws of Utah 2020, Chapter 137
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 53G-9-802 is amended to read:
28 53G-9-802. Dropout prevention and recovery -- Flexible enrollment options --
29 Contracting -- Reporting.
30 (1) (a) Subject to Subsection (1)(b), an LEA shall provide dropout prevention and
31 recovery services to a designated student, including:
32 (i) engaging with or attempting to recover a designated student;
33 (ii) developing a learning plan, in consultation with a designated student, to identify:
34 (A) barriers to regular school attendance and achievement;
35 (B) an attainment goal; and
36 (C) a means for achieving the attainment goal through enrollment in one or more of the
37 programs described in Subsection (2);
38 (iii) monitoring a designated student's progress toward reaching the designated
39 student's attainment goal; and
40 (iv) providing tiered interventions for a designated student who is not making progress
41 toward reaching the student's attainment goal.
42 (b) An LEA shall provide the dropout prevention and recovery services described in
43 Subsection (1)(a):
44 (i) throughout the calendar year; and
45 (ii) except as provided in Subsection (1)(c)(i), for each designated student who
46 becomes a designated student while enrolled in the LEA.
47 (c) (i) A designated student's school district of residence shall provide dropout recovery
48 services if the designated student:
49 (A) was enrolled in a charter school that does not include grade 12; and
50 (B) becomes a designated student in the summer after the student completes academic
51 instruction at the charter school through the maximum grade level the charter school is eligible
52 to serve under the charter school's charter agreement as described in Section 53G-5-303.
53 (ii) In accordance with Subsection (1)(c)(iii), a charter school that does not include
54 grade 12 shall notify each of the charter school's student's district of residence, as determined
55 under Section 53G-6-302, when the student completes academic instruction at the charter
56 school as described in Subsection (1)(c)(i)(B).
57 (iii) The notification described in Subsection (1)(c)(ii) shall include the student's name,
58 contact information, and student identification number.
59 (2) (a) An LEA shall provide flexible enrollment options for a designated student that:
60 (i) are tailored to the designated student's learning plan developed under Subsection
61 (1)(a)(ii); and
62 (ii) include two or more of the following:
63 (A) enrollment in the LEA in a traditional program;
64 (B) enrollment in the LEA in a nontraditional program;
65 (C) enrollment in a program offered by a private provider that has entered into a
66 contract with the LEA to provide educational services; or
67 (D) enrollment in a program offered by another LEA.
68 (b) A designated student may enroll in:
69 (i) a program offered by the LEA under Subsection (2)(a), in accordance with this
70 public education code, rules established by the state board, and policies established by the
71 LEA; or
72 (ii) the Statewide Online Education Program, in accordance with Title 53F, Chapter 4,
73 Part 5, Statewide Online Education Program.
74 (c) An LEA shall make the LEA's best effort to accommodate a designated student's
75 choice of enrollment under Subsection (2)(b).
76 (3) Beginning with the 2017-18 school year and except as provided in Subsection [
77 (5), an LEA shall [
78 and recovery services described in Subsection (1)(a), for any school year in which the LEA
79 meets the following criteria:
80 (a) the LEA's graduation rate is lower than the statewide graduation rate; and
81 (b) (i) the LEA's graduation rate has not increased by at least 1% on average over the
82 previous three school years; or
83 (ii) during the previous calendar year, at least 10% of the LEA's designated students
84 have not:
85 (A) reached the students' attainment goals; or
86 (B) made a year's worth of progress toward the students' attainment goals.
87 (4) To provide the dropout and recovery services described in Subsection (1)(a), an
88 LEA may:
89 (a) contract with a third party; or
90 (b) create a dropout prevention and recovery services plan.
91 [
92 (a) the LEA is in the LEA's first three years of operation;
93 (b) the LEA's average graduation rate for the previous three years is higher than the
94 average statewide graduation rate for the previous three years;
95 (c) the LEA is a special school as that term is used in 34 C.F.R. 300.115; or
96 (d) the quotient of the total number of an LEA's graduating students plus 10, divided by
97 the total number of students in an LEA's graduating class, is equal to or greater than the
98 statewide graduation rate.
99 [
100 LEA shall ensure that:
101 (a) a third party with whom the LEA enters into a contract under Subsection [
102 has a demonstrated record of effectiveness engaging with and recovering designated students;
103 and
104 (b) a contract with a third party requires the third party to:
105 (i) provide the services described in Subsection (1)(a); and
106 (ii) regularly report progress to the LEA.
107 [
108 prevention and recovery services provided under this section, including:
109 (a) the methods the LEA or third party uses to engage with or attempt to recover
110 designated students under Subsection (1)(a)(i);
111 (b) the number of designated students who enroll in a program described in Subsection
112 (2) as a result of the efforts described in Subsection [
113 (c) the number of designated students who reach the designated students' attainment
114 goals identified under Subsection (1)(a)(ii)(B); and
115 (d) funding allocated to provide dropout prevention and recovery services.
116 [
117 (a) ensure that an LEA described in Subsection (3) contracts with a third party or
118 creates a dropout prevention and recovery services plan to provide dropout prevention and
119 recovery services in accordance with Subsections (3) [
120 (b) report on the provisions of this section in accordance with Section 53E-1-203,
121 including a summary of the reports submitted under Subsection [