Representative Jefferson Moss proposes the following substitute bill:




Chief Sponsor: Jefferson Moss

Senate Sponsor: Ann Millner


8     General Description:
9          This bill modifies provisions related to the Utah Leading through Effective, Actionable,
10     and Dynamic Education program.
11     Highlighted Provisions:
12          This bill:
13          ▸     changes the chair of the Utah Leading through Effective, Actionable, and Dynamic
14     Education (ULEAD) steering committee to two co-chairs;
15          ▸     amends the membership of the ULEAD director selection committee and the
16     ULEAD steering committee;
17          ▸     amends the duties of the ULEAD director, steering committee, and director
18     selection committee;
19          ▸     adds requirements for certain research and reports;
20          ▸     requires the State Board of Education (state board) to provide a means for the
21     steering committee to meet remotely;
22          ▸     permits the ULEAD director to utilize state board staff under certain circumstances;
23          ▸     defines terms; and
24          ▸     makes technical and conforming changes.
25     Money Appropriated in this Bill:

26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          53E-10-701, as last amended by Laws of Utah 2019, Chapter 186
32          53E-10-702, as last amended by Laws of Utah 2019, Chapter 324
33          53E-10-703, as last amended by Laws of Utah 2020, Chapter 408
34          53E-10-704, as last amended by Laws of Utah 2020, Chapter 365
35          53E-10-706, as last amended by Laws of Utah 2019, Chapter 186
36          53E-10-707, as last amended by Laws of Utah 2019, Chapter 186

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 53E-10-701 is amended to read:
40          53E-10-701. Definitions.
41          As used in this part:
42          (1) "Director" means the director of ULEAD appointed under this part.
43          (2) "Director Selection Committee" or "selection committee" means the committee
44     created in Section 53E-10-704 that appoints the director.
45          (3) "Local education agency" or "LEA" means a public:
46          (a) school district;
47          (b) school; or
48          (c) charter school.
49          (4) "Participating institution" means a public or private research institution that enters
50     into an arrangement with the director to provide research and other services described in this
51     part.
52          (5) "Research clearinghouse" means a collection of information maintained and
53     distributed by ULEAD in accordance with Section 53E-10-706.
54          (6) "Steering committee" means the committee that:
55          (a) advises the director;
56          (b) sets research priorities as described in this part; and

57          (c) is created in Section 53E-10-707.
58          (7) "ULEAD" means Utah Leading through Effective, Actionable, and Dynamic
59     Education through the efforts of the director, participating institutions, and the steering
60     committee as described in this part.
61          Section 2. Section 53E-10-702 is amended to read:
62          53E-10-702. ULEAD established -- Duties -- Funding.
63          There is created the Utah Leading through Effective, Actionable, and Dynamic
64     Education, a collaborative effort in research and innovation between the director, participating
65     institutions, and education leaders to:
66          (1) gather and explain current education research in an electronic research
67     clearinghouse for use by practitioners;
68          (2) initiate and disseminate research reports on innovative and successful practices by
69     Utah LEAs, and guided by the steering committee, practitioners, and policymakers;
70          (3) promote statewide innovation and collaboration by:
71          (a) identifying experts in areas of practice;
72          (b) conducting conferences, webinars, and online forums for practitioners; and
73          (c) facilitating direct collaboration between schools; and
74          (4) (a) report to the Education Interim Committee and policymakers on innovative and
75     successful K-12 practices in Utah and other states, prioritizing practices in Utah; and
76          (b) in the report, propose policy changes to remove barriers to implementation of
77     successful practices.
78          Section 3. Section 53E-10-703 is amended to read:
79          53E-10-703. ULEAD director -- Qualification and employment -- Duties --
80     Reporting -- Annual conference.
81          (1) The ULEAD director shall:
82          (a) (i) hold a doctorate degree in education or an equivalent degree; and
83          (ii) have demonstrated experience in research and dissemination of best practices in
84     education; and
85          (b) (i) be a full-time employee; [and]
86          (ii) report to the state superintendent[.]; and
87          (iii) provide a report to the selection committee, at least twice per year, on the status of

88     the ULEAD program.
89          (2) The state superintendent shall:
90          (a) evaluate the director's performance annually;
91          (b) report on the director's performance to the selection committee; and
92          (c) provide space for the director and the director's staff.
93          (3) The director may:
94          (a) hire staff, using only money specifically appropriated to ULEAD[.]; and
95          (b) with approval from the superintendent, utilize state board staff.
96          (4) The director shall perform the following duties and functions:
97          (a) gather current research on innovative and effective practices in K-12 education for
98     use by policymakers and practitioners;
99          (b) facilitate collaboration between LEAs, higher education researchers, and
100     practitioners by:
101          (i) sharing innovative and effective practices in Utah shown to improve student
102     learning;
103          (ii) identifying experts in Utah in specific areas of practice; and
104          (iii) maintaining a research clearinghouse and directory of researchers; and
105          (c) analyze barriers to replication or adaption of innovative and successful practices
106     studied by ULEAD or contributed to the ULEAD research clearinghouse.
107          (5) The director shall:
108          (a) prioritize reports and other research based on recommendations of the steering
109     committee in accordance with Subsection 53E-10-707(5), and after consulting with individuals
110     described in Subsection 53E-10-707(6);
111          (b) identify Utah LEAs, or schools outside the public school system, that are:
112          (i) innovative in specific areas of practice; and
113          (ii) more effective or efficient than comparable LEAs in improving student learning,
114     especially for students performing below proficiency;
115          (c) establish criteria for innovative practice reports to be performed by participating
116     institutions and included in the research clearinghouse, including report templates;
117          (d) arrange with participating institutions to generate innovative practice reports on
118     effective and innovative K-12 education practices; and

119          (e) (i) disseminate each innovative practice report to the state board for dissemination
120     to LEAs and school leaders; and
121          (ii) publish innovative practice reports on the ULEAD website.
122          (6) In an innovative practice report, a participating institution shall:
123          (a) include or reference a review of research regarding the practice in which the subject
124     LEA has demonstrated success;
125          (b) identify through academically acceptable, evidence-based research methods the
126     causes of the LEA's successful practice;
127          (c) identify opportunities for LEAs to adopt or customize innovative or best practices;
128          (d) address limitations to successful replication or adaptation of the successful practice
129     by other LEAs, which may include barriers arising from federal or state law, state or LEA
130     policy, socioeconomic conditions, or funding limitations;
131          (e) include practical templates for successful replication and adaptation of successful
132     practices, following criteria established by the director;
133          (f) identify experts in the successful practice that is the subject of the innovative
134     practice report, including teachers or administrators at the subject LEA; and
135          (g) include:
136          (i) an executive summary describing the innovative practice report; and
137          (ii) a video component or other elements designed to ensure that an innovative practice
138     report is readily understandable by practitioners.
139          (7) The director may, if requested by an LEA leader or policymaker, conduct an
140     evidence-based review of a possible innovation in an area of practice.
141          (8) The director may also accept innovative practice reports from trained practitioners
142     that meet the criteria set by the director.
143          (9) The director or a participating institution, to enable successful replication or
144     adaption of successful practices, may recommend to:
145          (a) the Legislature, amendments to state law; or
146          (b) the state board, revisions to state board rule, made in accordance with Title 63G,
147     Chapter 3, Utah Administrative Rulemaking Act, or policy.
148          (10) (a) The director shall:
149          [(a)] (i) report on the activities of ULEAD annually to the state board; and

150          [(b)] (ii) provide reports or other information to the state board upon state board
151     request.
152          (b) The report described in Subsection (10)(a)(i) shall include:
153          (i) examples identified for innovative practice reports; and
154          (ii) the current status of ULEAD's relationship with participating institutions.
155          (11) The director shall:
156          (a) prepare an annual report on ULEAD research and other activities;
157          (b) submit the report in accordance with [Section] Sections 53E-1-201 and 53E-1-202;
158          (c) publish the annual report on the ULEAD website; and
159          (d) disseminate the report to the state board for dissemination to LEAs and school
160     leaders through electronic channels.
161          (12) The director shall facilitate and conduct an annual conference on successful and
162     innovative K-12 education practices in Utah, featuring:
163          (a) Utah education leaders; and
164          (b) practitioners and researchers, chosen by the director, to discuss the subjects of LEA
165     and other ULEAD activities, or other innovative and successful education practices.
166          Section 4. Section 53E-10-704 is amended to read:
167          53E-10-704. Director Selection Committee -- Membership -- Powers and duties --
168     Compensation.
169          (1) There is created the Director Selection Committee to appoint the director.
170          (2) The selection committee shall consist of the following [nine] five members each
171     appointed for two-year [staggered terms, with the initial terms of the members described in
172     Subsections (2)(a), (b), and (c) to be three years] terms:
173          (a) one member of the office of the governor, who is the chair of the selection
174     committee and appointed by the governor;
175          (b) one member of the House of Representatives, appointed by the speaker of the
176     House of Representatives;
177          (c) one member of the Senate, appointed by the president of the Senate;
178          (d) one member of the state board, appointed by the chair of the state board; and
179          [(e) one member of the Utah Board of Higher Education, appointed by the chair of the
180     Utah Board of Higher Education;]

181          [(f)] (e) one member appointed by the state superintendent[;].
182          [(g) one member of the State Charter School Board, appointed by the chair of the State
183     Charter School Board;]
184          [(h) one member of the Utah School Boards Association recognized in Section
185     53G-4-502, appointed by the association executive director; and]
186          [(i) one member of a state association that represents school superintendents, appointed
187     by the association executive director.]
188          (3) (a) A member of the selection committee may be appointed for more than one term.
189          (b) If a midterm vacancy occurs on the selection committee, the appointing individual,
190     as described in Subsection (2), for the vacant position shall appoint an individual for the
191     remainder of the term.
192          (4) A majority of the members shall constitute a quorum for the transaction of selection
193     committee business.
194          (5) (a) The selection committee shall select and appoint a director for a four-year term.
195          (b) The director may be appointed for more than one term.
196          (6) (a) In addition to the meetings required under Subsections (6)(b) and (c), the
197     selection committee shall hold at least one meeting each year.
198          (b) In a year in which the director is appointed, the selection committee shall:
199          (i) solicit applications for the director position to be submitted no later than June 1;
200          (ii) hold at least two meetings to discuss candidates for the open director position; and
201          (iii) select and appoint by majority vote a candidate to fill the director position to begin
202     employment no later than August 1.
203          [(b)] (c) Notwithstanding Subsection [(6)(a)] (6)(b), if a midterm vacancy in the
204     director position occurs, the selection committee shall:
205          (i) no later than 25 business days after the day on which the position is vacated, solicit
206     applications for the director position;
207          (ii) hold at least two meetings to discuss candidates for the vacant position; and
208          (iii) no later than 60 business days after the day on which the position is vacated, select
209     a candidate to fill the director position for the remainder of the term.
210          (7) (a) The selection committee:
211          (i) may remove a director before the completion of the director's term only by a

212     majority vote of the selection committee; and
213          (ii) is the only person empowered to remove the director.
214          (b) The chair shall hold a meeting to consider removing the director upon request of
215     two or more selection committee members.
216          (8) A member of the selection committee may not receive compensation except a
217     member who is a legislator shall receive compensation for travel and other expense
218     reimbursements in accordance with Section 36-2-2.
219          (9) The selection committee shall:
220          (a) establish criteria for evaluation of the ULEAD program, including the degree of
221     participation by participating institutions and practitioners; [and]
222          (b) evaluate the effectiveness of ULEAD every four years for purposes of continuing
223     the program[.]; and
224          (c) meet with the superintendent at least annually to discuss the progress of ULEAD
225     projects and processes as described in this part.
226          (10) The selection committee shall hold a meeting described in this section in
227     accordance with Title 52, Chapter 4, Open and Public Meetings Act.
228          Section 5. Section 53E-10-706 is amended to read:
229          53E-10-706. Electronic resources -- Research clearinghouse.
230          (1) The state board shall publish a ULEAD website containing information provided by
231     the director as described in this part.
232          (2) The director shall within two years of appointment:
233          (a) develop and maintain a research clearinghouse publicly available through the
234     website described in Subsection (1); and
235          (b) include in the research clearinghouse:
236          (i) research on K-12 education, including peer-reviewed research;
237          (ii) information on K-12 education innovation and best practices;
238          (iii) an index and explanation of academic, state, federal, or other K-12 education
239     research repositories;
240          (iv) K-12 education research and policy briefs generated by Utah public and private
241     institutions of higher education, including participating institutions, categorized and searchable
242     by topic;

243          (v) access points to and explanation of currently available K-12 education data,
244     including data managed by the Utah Data Research Center created in Section 35A-14-201 and
245     data maintained by the state board;
246          (vi) other K-12 education information as determined by the director, including
247     information regarding efforts by institutions or other individuals to promote innovative and
248     effective education practices in Utah; and
249          (vii) each innovative practice report prepared by ULEAD, categorized and searchable
250     by topic, location of the studied LEA, and socioeconomic and demographic profile.
251          (3) The director shall publish:
252          (a) as identified in ULEAD research and reports, an electronic directory of:
253          (i) K-12 education experts [identified in ULEAD research and reports]; and
254          (ii) LEAs described in Subsection 53E-10-703(5)(b); and
255          (b) a monthly report to LEAs, via electronic channels provided by the state board,
256     highlighting ULEAD activities and soliciting proposals from education practitioners for
257     ULEAD research and reports.
258          (4) The director may provide electronic seminars or forums for professional learning
259     regarding subjects of ULEAD research and reports to K-12 practitioners.
260          Section 6. Section 53E-10-707 is amended to read:
261          53E-10-707. ULEAD Steering Committee.
262          (1) (a) There is created the ULEAD Steering Committee.
263          (b) The [director is the chair] member described in Subsection (2)(b) and the member
264     described in Subsection (2)(e) are the co-chairs of the steering committee.
265          (2) The steering committee shall consist of the following members each appointed for a
266     term of [one year] two years:
267          (a) the director;
268          (b) one member of the state board appointed by the chair of the state board;
269          (c) the state superintendent or the state superintendent's designee;
270          (d) the staff director of the State Charter School Board or the director's designee;
271          (e) one member appointed by the office of the governor;
272          (f) one member, appointed by the director, who is a superintendent of a school district;
273          (g) one member, appointed by the director, of a local school board;

274          (h) two principals or other public school leaders of public schools that are not charter
275     schools, appointed by the director;
276          (i) [two principals] one principal or other public school [leaders] leader of charter
277     schools, appointed by the director;
278          (j) two educators who hold a current license under Chapter 6, Education Professional
279     Licensure, nominated by LEA leaders and appointed by the director; and
280          (k) [two members] one member representing citizens or business, nominated by the
281     members of the public and appointed by the director.
282          (3) (a) A member of the steering committee may be appointed for more than one term.
283          (b) If a midterm vacancy occurs on the steering committee, the appointing individual,
284     as described in Subsection (2), for the vacant position shall appoint an individual for the
285     remainder of the term.
286          (4) (a) The steering committee shall hold a meeting at least [semi annually in January
287     and July or] quarterly on dates [otherwise] chosen by the co-chairs, in consultation with the
288     director.
289          (b) The state board shall provide physical space for the steering committee to meet, or
290     a means to participate in a meeting remotely.
291          (5) The steering committee shall:
292          (a) discuss prospective and current ULEAD projects and findings;
293          (b) consult with and make recommendations to the director to prioritize ULEAD
294     reports and areas of focused research;
295          (c) facilitate connections between the director and Utah's political, business, education
296     technology, and academic communities; [and]
297          (d) make recommendations to improve gathering, retaining, and disseminating
298     education data and research and evaluation findings for use by participating institutions and
299     other education policy researchers, including data managed by the Utah Data Research Center
300     created in Section 35A-14-201[.]; and
301          (e) annually vote on and establish steering committee priorities for ULEAD.
302          (6) In order to determine research priorities for ULEAD, the director shall consult with:
303          (a) members of the Legislature responsible for public education;
304          (b) members of Utah professional education associations, including principals and

305     LEA governing board members; and
306          (c) policy-research centers based in Utah.
307          (7) The state board or state superintendent may request that the director arrange with a
308     participating institution to prepare a report on a specific LEA or area of practice meeting the
309     criteria established in this part.
310          (8) A member of the steering committee may not receive compensation except a
311     member who is a legislator shall receive compensation for travel and other expense
312     reimbursements in accordance with Section 36-2-2.
313          (9) The steering committee shall hold a meeting described in this section in accordance
314     with Title 52, Chapter 4, Open and Public Meetings Act.