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7 LONG TITLE
8 General Description:
9 This bill makes changes to the school turnaround program.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires the State Board of Education (state board) to:
13 • identify the lowest performing non-Title I schools as springboard schools;
14 • accept applications to be designated as an elevate school from non-Title I
15 schools that are implementing targeted support and improvement activities
16 under federal requirements; and
17 • identify at least six elevate schools in each year the state board does not
18 designate springboard schools;
19 ▸ permits the state board to hire or contract with individuals to conduct a needs
20 assessment for springboard schools or elevate schools;
21 ▸ repeals provisions related to turnaround school teacher recruitment and retention;
22 ▸ defines terms; and
23 ▸ makes technical and conforming changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 53E-5-301, as last amended by Laws of Utah 2020, Chapters 146 and 408
31 53E-5-302, as last amended by Laws of Utah 2021, Chapter 439
32 53E-5-303, as last amended by Laws of Utah 2019, Chapters 186 and 451
33 53E-5-304, as last amended by Laws of Utah 2019, Chapters 186 and 451
34 53E-5-305, as last amended by Laws of Utah 2021, Chapter 346
35 53E-5-306, as last amended by Laws of Utah 2020, Chapters 146 and 408
36 53E-5-309, as last amended by Laws of Utah 2020, Chapter 408
37 53E-5-311, as renumbered and amended by Laws of Utah 2018, Chapter 1
38 ENACTS:
39 53E-5-302.1, Utah Code Annotated 1953
40 REPEALS:
41 53E-5-308, as last amended by Laws of Utah 2020, Chapter 408
42
43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 53E-5-301 is amended to read:
45
46 53E-5-301. Definitions.
47 As used in this part:
48 (1) "Charter school authorizer" means the same as that term is defined in Section
49 53G-5-102.
50 (2) "Cohort" means all district schools and charter schools identified as [
51
52 (a) springboard schools based on school [
53 same school year[
54 (b) elevate schools based on school accountability results from the same school year.
55 (3) "Continuous improvement expert" means a person identified by the state board
56 under Section 53E-5-305.
57 [
58 (5) "Elevate school" means a district school or charter school that:
59 (a) is not a Title I school;
60 (b) is implementing targeted support and improvement activities under 20 U.S.C. Sec.
61 6311; and
62 (c) has applied and been designated by the state board as an elevate school as described
63 in Section 53E-5-302.1.
64 [
65 initial remedial year, as determined by the state board.
66 [
67
68 [
69 is designated as a [
70 school under Section 53E-5-302.1.
71 [
72 governing board.
73 [
74
75 [
76
77
78 [
79
80
81 (9) "School accountability system" means the school accountability system established
82 in Part 2, School Accountability System.
83 (10) "School grade" or "grade" means the letter grade assigned to a school as the
84 school's overall rating under the school accountability system.
85 (11) "School [
86 under:
87 (a) for a district school, Section 53E-5-303; or
88 (b) for a charter school, Section 53E-5-304.
89 (12) "School [
90 (a) for a district school, Section 53E-5-303; or
91 (b) for a charter school, Section 53E-5-304.
92 (13) "Springboard school" means a district school or charter school that has been
93 designated a springboard school by the state board because the school:
94 (a) is not a Title I school; and
95 (b) when ranked according to the percentage of possible points the state board awards
96 under Title 53E, Chapter 5, Part 2, School Accountability System, averaged over three school
97 years is:
98 (i) one of the five lowest performing elementary, middle, or junior high schools
99 statewide; or
100 (ii) one of the two lowest performing high schools statewide.
101 Section 2. Section 53E-5-302 is amended to read:
102 53E-5-302. State board to designate springboard schools -- Needs assessment.
103 (1) [
104 (a) [
105 designate a school as a [
106 (b) conduct a needs assessment for a [
107 thoroughly analyzing the root causes of the [
108 performance qualifying the school for designation as a springboard school.
109 (2) The state board may use up to 5% of the appropriation provided under this part to
110 hire or contract with one or more individuals to conduct a needs assessment described in
111 Subsection (1)(b).
112 [
113
114
115 [
116
117
118 [
119
120
121 Section 3. Section 53E-5-302.1 is enacted to read:
122 53E-5-302.1. State board to designate elevate schools -- Needs assessment.
123 (1) Beginning in the 2022-2023 school year, in every year that the state board does not
124 designate a springboard school, the state board shall:
125 (a) accept applications to be designated an elevate school from schools that:
126 (i) are not Title I schools; and
127 (ii) are implementing targeted support and improvement activities under 20 U.S.C. Sec.
128 6311;
129 (b) identify at least six schools as elevate schools; and
130 (c) conduct a needs assessment for an elevate school by thoroughly analyzing the root
131 causes of the school's previous performance of targeted support and improvement student
132 groups.
133 (2) The state board may use up to 5% of the appropriation provided under this part to
134 hire or contract with one or more individuals to conduct a needs assessment described in
135 Subsection (1)(c).
136 Section 4. Section 53E-5-303 is amended to read:
137 53E-5-303. Required action for district springboard schools and district elevate
138 schools -- Notification to parents and municipality for springboard schools.
139 (1) In accordance with deadlines established by the state board, a local school board of
140 a [
141 (a) establish a school [
142 members:
143 (i) the local school board member who represents the voting district where the [
144
145 (ii) the school principal;
146 (iii) three parents of students enrolled in the [
147 elevate school appointed by the chair of the school community council;
148 (iv) one teacher at the [
149 by the principal;
150 (v) one teacher at the [
151 by the school district superintendent; and
152 (vi) one school district administrator;
153 (b) solicit proposals from a [
154 the state board under Section 53E-5-305;
155 (c) partner with the school [
156 (d) submit the proposal described in Subsection (1)(b) to the state board for review and
157 approval; and
158 (e) subject to Subsections (3) and (4), contract with a [
159 improvement expert.
160 (2) A proposal described in Subsection (1)(b) shall include a:
161 (a) strategy to address the root causes of the [
162 elevate school's low performance identified through the needs assessment described in Section
163 53E-5-302; and
164 (b) scope of work to facilitate implementation of the strategy that includes at least the
165 activities described in Subsection (4)(b).
166 (3) A local school board may not select a [
167 that is:
168 (a) the school district; or
169 (b) an employee of the school district.
170 (4) A contract between a local school board and a [
171 improvement expert:
172 (a) shall be based on an explicit stipulation of desired outcomes and consequences for
173 not meeting goals, including cancellation of the contract;
174 (b) shall include a scope of work that requires the [
175 improvement expert to at a minimum:
176 (i) develop and implement, in partnership with the school [
177 committee, a school [
178 Subsection (5);
179 (ii) monitor the effectiveness of a school [
180 reliable means of evaluation, including on-site visits, observations, surveys, analysis of student
181 achievement data, and interviews;
182 (iii) provide ongoing implementation support and project management for a school
183 [
184 (iv) provide high-quality professional [
185 staff that is designed to build:
186 (A) the leadership capacity of the school principal;
187 (B) the instructional capacity of school staff;
188 (C) educators' capacity with data-driven strategies by providing actionable, embedded
189 data practices; and
190 (v) leverage support from community partners to coordinate an efficient delivery of
191 supports to students inside and outside the classroom;
192 (c) may include a scope of work that requires the [
193 improvement expert to:
194 (i) develop sustainable school district and school capacities to effectively respond to
195 the academic and behavioral needs of students in high poverty communities; or
196 (ii) other services that respond to the needs assessment conducted under Section
197 53E-5-302;
198 (d) shall include travel costs and payment milestones; and
199 (e) may include pay for performance provisions.
200 (5) A school [
201 continuous improvement expert selected under Subsection (1) to develop and implement a
202 school [
203 (a) addresses the root causes of the [
204 school's low performance identified through the needs assessment described in Section
205 53E-5-302;
206 (b) includes recommendations regarding changes to the [
207 school's or elevate school's personnel, culture, curriculum, assessments, instructional practices,
208 governance, leadership, finances, policies, or other areas that may be necessary to implement
209 the school [
210 (c) includes measurable student achievement goals and objectives and benchmarks by
211 which to measure progress;
212 (d) includes a professional development plan that identifies a strategy to address
213 problems of instructional practice;
214 (e) includes a detailed budget specifying how the school [
215 plan will be funded;
216 (f) includes a plan to assess and monitor progress;
217 (g) includes a plan to communicate and report data on progress to stakeholders; and
218 (h) includes a timeline for implementation.
219 (6) A local school board of a [
220 shall:
221 (a) prioritize school district funding and resources to the [
222 school or elevate school;
223 (b) grant the [
224 authority over staff, schedule, policies, budget, and academic programs to implement the
225 school [
226 (c) assist the [
227 springboard school or elevate school with:
228 (i) addressing the root cause of the [
229 school's low performance; and
230 (ii) the development or implementation of a school [
231 and
232 (d) for a springboard school, provide initial and annual notice:
233 (i) that includes the following information regarding the [
234 school:
235 (A) the school's [
236 (B) the goals, benchmarks, and timetable in the school's [
237 plan and any progress toward the goals, benchmarks, and timetable; and
238 (C) how the community may provide support to the school and students of the school
239 inside and outside the classroom; and
240 (ii) to:
241 (A) parents of students enrolled in the school, using the same form of communication
242 the local school board regularly uses to communicate with parents; and
243 (B) the governing council and the mayor of the municipality in which the school is
244 located.
245 (7) (a) On or before June 1 of an initial remedial year, a school [
246 improvement committee shall submit the school [
247 school board for approval.
248 (b) Except as provided in Subsection (7)(c), on or before July 1 of an initial remedial
249 year, a local school board of a [
250 submit the school [
251 (c) If the local school board does not approve the school [
252 plan submitted under Subsection (7)(a), the school [
253 appeal the disapproval in accordance with rules made by the state board as described in
254 Subsection 53E-5-305(6).
255 (8) A local school board, or a local school board's designee, shall annually report to the
256 state board progress toward the goals, benchmarks, and timetable in a [
257
258 Section 5. Section 53E-5-304 is amended to read:
259 53E-5-304. Required action for a springboard charter school or elevate charter
260 school -- Notification to parents and municipality for a springboard charter school.
261 (1) In accordance with deadlines established by the state board, a charter school
262 authorizer of a [
263 whether the charter school is in compliance with the school's charter agreement described in
264 Section 53G-5-303, including the school's established minimum standards for student
265 achievement.
266 (2) If a [
267 school's charter agreement, the charter school authorizer may terminate the school's charter
268 agreement in accordance with Section 53G-5-503.
269 (3) A charter school authorizer shall make a determination on the status of a [
270
271 specified by the state board in an initial remedial year.
272 (4) In accordance with deadlines established by the state board, if a charter school
273 authorizer does not terminate a [
274 Subsection (2), a charter school governing board of a [
275 elevate school shall:
276 (a) establish a school [
277 members:
278 (i) a member of the charter school governing board, appointed by the chair of the
279 charter school governing board;
280 (ii) the school principal;
281 (iii) three parents of students enrolled in the [
282 elevate school, appointed by the chair of the charter school governing board; and
283 (iv) two teachers at the [
284 appointed by the school principal;
285 (b) solicit proposals from a [
286 the state board under Section 53E-5-305;
287 (c) partner with the school [
288 (d) submit the proposal described in Subsection (4)(b) to the state board for review and
289 approval; and
290 (e) subject to Subsections (6) and (7), contract with a [
291 improvement expert.
292 (5) A proposal described in Subsection (4)(b) shall include a:
293 (a) strategy to address the root causes of the [
294 elevate school's low performance identified through the needs assessment described in Section
295 53E-5-302; and
296 (b) scope of work to facilitate implementation of the strategy that includes at least the
297 activities described in Subsection 53E-5-303(4)(b).
298 (6) A charter school governing board may not select a [
299 improvement expert that:
300 (a) is a member of the charter school governing board;
301 (b) is an employee of the charter school; or
302 (c) has a contract to operate the charter school.
303 (7) A contract entered into between a charter school governing board and a
304 [
305 described in Subsection 53E-5-303(4).
306 (8) (a) A school [
307 [
308 to develop and implement a school [
309 described in Subsection 53E-5-303(5).
310 (b) A charter school governing board shall assist a [
311 improvement expert and a [
312 (i) addressing the root cause of the [
313 performance; and
314 (ii) the development or implementation of a school [
315 (9) (a) On or before June 1 of an initial remedial year, a school [
316 improvement committee shall submit the school [
317 school governing board for approval.
318 (b) Except as provided in Subsection (9)(c), on or before July 1 of an initial remedial
319 year, a charter school governing board of a [
320 school shall submit the school [
321 (c) If the charter school governing board does not approve the school [
322 improvement plan submitted under Subsection (9)(a), the school [
323 committee may appeal the disapproval in accordance with rules made by the state board as
324 described in Subsection 53E-5-305(6).
325 (10) The provisions of this part do not modify or limit a charter school authorizer's
326 authority at any time to terminate a charter school's charter agreement in accordance with
327 Section 53G-5-503.
328 (11) (a) A charter school governing board or a charter school governing board's
329 designee shall annually report to the state board progress toward the goals, benchmarks, and
330 timetable in a [
331 improvement plan.
332 (b) A charter school governing board of a [
333 provide initial and annual notice:
334 (i) that includes the following information regarding the [
335 school:
336 (A) the school's [
337 (B) the goals, benchmarks, and timetable in the school's [
338 plan and any progress toward the goals, benchmarks, and timetable; and
339 (C) how the community may provide support to the school and students of the school
340 inside and outside the classroom; and
341 (ii) to:
342 (A) parents of students enrolled in the school, using the same form of communication
343 the charter school governing board regularly uses to communicate with parents; and
344 (B) the governing council and the mayor of the municipality in which the school is
345 located.
346 Section 6. Section 53E-5-305 is amended to read:
347 53E-5-305. State board to identify continuous improvement experts -- Review
348 and approval of school improvement plans -- Appeals process.
349 (1) [
350 the state board shall identify two or more approved [
351 continuous improvement experts, through a standard procurement process, that a [
352
353 (a) respond to the needs assessment conducted under Section 53E-5-302; and
354 (b) provide the services described in Section 53E-5-303 or 53E-5-304, as applicable.
355 (2) In identifying [
356 under Subsection (1), the state board shall identify experts that:
357 (a) have a credible track record of improving student academic achievement in public
358 schools with various demographic characteristics, as measured by statewide assessments
359 described in Section 53E-4-301;
360 (b) have experience designing, implementing, and evaluating data-driven instructional
361 systems in public schools;
362 (c) have experience coaching public school administrators and teachers on designing
363 data-driven school improvement plans;
364 (d) have experience working with the various education entities that govern public
365 schools;
366 (e) have experience coordinating the services provided to participating schools by other
367 experts or providers;
368 [
369 instructional effectiveness to public school administrators and teachers; and
370 [
371 school in the state, regardless of location.
372 (3) (a) The state board shall:
373 (i) review a proposal submitted for approval under Section 53E-5-303 or 53E-5-304 no
374 later than 30 days after the day on which the proposal is submitted;
375 (ii) review a school [
376 Subsection 53E-5-303(7)(b) or under Subsection 53E-5-304(9)(b) within 30 days of
377 submission; and
378 (iii) approve a school [
379 (A) is timely;
380 (B) is well-developed; and
381 (C) meets the criteria described in Subsection 53E-5-303(5).
382 (b) The state board may not approve a school [
383 not aligned with the needs assessment conducted under Section 53E-5-302.
384 (4) (a) Subject to legislative appropriations, when a school [
385 plan is approved by the state board, the state board shall distribute funds to each LEA
386 governing board with a [
387 provisions of Sections 53E-5-303 and 53E-5-304.
388 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
389 state board shall make rules establishing a distribution method and allowable uses of the funds
390 described in Subsection (4)(a).
391 (5) The state board shall:
392 (a) monitor and assess progress toward the goals, benchmarks and timetable in each
393 school [
394 (b) act as a liaison between a local school board, [
395 or elevate school, and [
396 (6) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
397 the state board shall make rules to establish an appeals process for:
398 (i) a [
399 granted approval from the district school's local school board under Subsection
400 53E-5-303(7)(b);
401 (ii) a [
402 granted approval from the charter school's charter school governing board under Subsection
403 53E-5-304(9)(b); and
404 (iii) a local school board or charter school governing board that is not granted approval
405 from the state board under Subsection (3)(a) or (b).
406 (b) The state board shall ensure that rules made under Subsection (6)(a) require an
407 appeals process described in:
408 (i) Subsections (6)(a)(i) and (ii) to be resolved on or before July 1 of the initial
409 remedial year; and
410 (ii) Subsection (6)(a)(iii) to be resolved on or before August 15 of the initial remedial
411 year.
412 (7) Except as provided in Subsection (8), if the amount is approved by the state board
413 in an open meeting, the state board may use [
414 the Legislature to carry out the provisions of this part for [
415
416 (a) administration; or
417 (b) other school improvement supports for all public schools, including for data
418 resources.
419 (8) For the 2020-21, 2021-22, and 2022-23 school years, if the state board approves the
420 use in an open meeting, the state board may use funds the Legislature appropriated in prior
421 years to carry out the provisions of this part:
422 (a) for administration;
423 (b) up to $1,000,000 to contract with a provider, through a request for proposals
424 process, to pilot complementary approaches to school improvement that draw on community
425 resources and engagement; and
426 (c) to analyze the effectiveness of supports provided:
427 (i) under this part; and
428 (ii) by other school improvement programs.
429 Section 7. Section 53E-5-306 is amended to read:
430 53E-5-306. Implications for failing to improve school performance.
431 (1) As used in this section, "high performing charter school" means a charter school
432 that:
433 (a) satisfies all requirements of state law and state board rules made in accordance with
434 Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
435 (b) meets or exceeds standards for student achievement established by the charter
436 school's charter school authorizer; and
437 (c) has received at least a B grade under the school accountability system in the
438 previous two school years.
439 (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
440 the state board shall make rules establishing:
441 (i) the final remedial year for a cohort;
442 (ii) exit criteria for a [
443 (iii) criteria for granting a school an extension as described in Subsection (3); and
444 (iv) implications for a [
445 criteria after the school's final remedial year or the last school year of the extension period
446 described in Subsection (3).
447 (b) In establishing exit criteria for a [
448
449 board shall:
450 (i) determine for each [
451 awarded under the school accountability system that represent a substantive improvement over
452 the number of points awarded under the school accountability system in the school year
453 immediately preceding the initial remedial year; and
454 (ii) establish a method to provide a target for each [
455 school.
456 (c) The state board shall through a competitively awarded contract engage a third party
457 with expertise in school accountability and assessments to verify the exit criteria adopted under
458 Subsections (2)(a)(i) and (ii).
459 (3) (a) A [
460 extension to continue school improvement efforts for up to two years if the [
461 springboard school does not meet the exit criteria established by the state board as described in
462 Subsection (2).
463 (b) A school that has been granted an extension under this Subsection (3) is eligible
464 for[
465 [
466 [
467 (4) If a [
468 school's final remedial year or the last school year of the extension period, the state board may
469 intervene by:
470 (a) restructuring a district school, which may include:
471 (i) contract management; or
472 (ii) conversion to a charter school; [
473 [
474 (b) restructuring a charter school by:
475 (i) terminating a school's charter agreement;
476 (ii) closing a charter school; or
477 (iii) transferring operation and control of the charter school to:
478 (A) a high performing charter school; or
479 (B) the school district in which the charter school is located; or
480 (c) other appropriate action as determined by the state board.
481 Section 8. Section 53E-5-309 is amended to read:
482 53E-5-309. School Leadership Development Program.
483 (1) As used in this section, "school leader" means a school principal or assistant
484 principal.
485 (2) There is created the School Leadership Development Program to increase the
486 [
487 (a) initiating, achieving, and sustaining school improvement efforts; and
488 (b) forming and sustaining community partnerships as described in Section 53F-5-402.
489 (3) The state board shall identify one or more providers, through a request for
490 proposals process, to develop or provide leadership development training for school leaders
491 that:
492 (a) may provide in-depth training in proven strategies to [
493 improve springboard schools and elevate schools;
494 (b) may emphasize hands-on and job-embedded learning;
495 (c) aligns with the state's leadership standards established by state board rule;
496 (d) reflects the needs of a school district or charter school where a school leader serves;
497 (e) may include training on using student achievement data to drive decisions;
498 (f) may develop skills in implementing and evaluating evidence-based instructional
499 practices;
500 (g) may develop skills in leading collaborative school improvement structures,
501 including professional learning communities; and
502 (h) includes instruction on forming and sustaining community partnerships as
503 described in Section 53F-5-402.
504 (4) Subject to legislative appropriations, the state board shall provide incentive pay to a
505 school leader who:
506 (a) completes leadership development training under this section; and
507 (b) agrees to work, for at least five years, in a school that received an F grade or D
508 grade under the school accountability system in the school year previous to the first year the
509 school leader:
510 (i) completes leadership development training; and
511 (ii) begins to work, or continues to work, in a school described in this Subsection
512 (4)(b).
513 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
514 state board shall make rules specifying:
515 (a) eligibility criteria for a school leader to participate in the School Leadership
516 Development Program;
517 (b) application procedures for the School Leadership Development Program;
518 (c) criteria for selecting school leaders from the application pool; and
519 (d) procedures for awarding incentive pay under Subsection (4).
520 Section 9. Section 53E-5-311 is amended to read:
521 53E-5-311. Coordination with the Partnerships for Student Success Grant
522 Program.
523 If a [
524 that receives a grant under Title 53F, Chapter 5, Part 4, Partnerships for Student Success Grant
525 Program, the school [
526 (1) coordinate the school [
527 efforts of the partnership; and
528 (2) ensure that the goals and outcomes of the partnership are aligned with the school
529 [
530 Section 10. Repealer.
531 This bill repeals:
532 Section 53E-5-308, Turnaround school teacher recruitment and retention.