2
3
4
5
6 Cosponsors:
7 Tyler Clancy
8 Jennifer Dailey-Provost
9 James A. Dunnigan
10 Matthew H. Gwynn
11 Jon Hawkins
12 Dan N. Johnson
13 Marsha Judkins
14 Trevor Lee
Karianne Lisonbee
Phil Lyman
A. Cory Maloy
Ashlee Matthews
Carol S. Moss
Jefferson Moss
Michael J. Petersen
Karen M. Peterson
Susan Pulsipher
Angela Romero
Mike Schultz
Jeffrey D. Stenquist
Andrew Stoddard
Norman K Thurston
Stephen L. Whyte
Ryan D. Wilcox
15
16 LONG TITLE
17 General Description:
18 This bill amends provisions related to school overall ratings under the school
19 accountability system.
20 Highlighted Provisions:
21 This bill:
22 ▸ removes the requirement on the State Board of Education to use a letter grade to
23 assign a school an overall rating;
24 ▸ amends provisions related to school turnaround and leadership development that
25 reference letter grades under the school accountability system; and
26 ▸ makes technical and conforming changes.
27 Money Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 53E-3-511, as last amended by Laws of Utah 2019, Chapter 186
34 53E-5-204, as last amended by Laws of Utah 2021, Chapter 346
35 53E-5-301, as last amended by Laws of Utah 2022, Chapter 473
36 53E-5-306, as last amended by Laws of Utah 2022, Chapter 473
37 53E-5-309, as last amended by Laws of Utah 2022, Chapter 473
38 53G-5-503, as last amended by Laws of Utah 2020, Chapters 192, 408
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 53E-3-511 is amended to read:
42 53E-3-511. Student Achievement Backpack -- Utah Student Record Store.
43 (1) As used in this section:
44 (a) "Authorized LEA user" means a teacher or other person who is:
45 (i) employed by an LEA that provides instruction to a student; and
46 (ii) authorized to access data in a Student Achievement Backpack through the Utah
47 Student Record Store.
48 (b) "Statewide assessment" means the same as that term is defined in Section
49 53E-4-301.
50 (c) "Student Achievement Backpack" means, for a student from kindergarten through
51 grade 12, a complete learner profile that:
52 (i) is in electronic format;
53 (ii) follows the student from grade to grade and school to school; and
54 (iii) is accessible by the student's parent or an authorized LEA user.
55 (d) "Utah Student Record Store" means a repository of student data collected from
56 LEAs as part of the state's longitudinal data system that is:
57 (i) managed by the state board;
58 (ii) cloud-based; and
59 (iii) accessible via a web browser to authorized LEA users.
60 (2) (a) The state board shall use the state board's robust, comprehensive data collection
61 system, which collects longitudinal student transcript data from LEAs and the unique student
62 identifiers as described in Section 53E-4-308, to allow the following to access a student's
63 Student Achievement Backpack:
64 (i) the student's parent; and
65 (ii) each LEA that provides instruction to the student.
66 (b) The state board shall ensure that a Student Achievement Backpack:
67 (i) provides a uniform, transparent reporting mechanism for individual student
68 progress;
69 (ii) provides a complete learner history for postsecondary planning;
70 (iii) provides a teacher with visibility into a student's complete learner profile to better
71 inform instruction and personalize education;
72 (iv) assists a teacher or administrator in diagnosing a student's learning needs through
73 the use of data already collected by the state board;
74 (v) facilitates a student's parent taking an active role in the student's education by
75 simplifying access to the student's complete learner profile; and
76 (vi) serves as additional disaster mitigation for LEAs by using a cloud-based data
77 storage and collection system.
78 (3) Using existing information collected and stored in the state board's data warehouse,
79 the state board shall create the Utah Student Record Store where an authorized LEA user may:
80 (a) access data in a Student Achievement Backpack relevant to the user's LEA or
81 school; or
82 (b) request student records to be transferred from one LEA to another.
83 (4) The state board shall implement security measures to ensure that:
84 (a) student data stored or transmitted to or from the Utah Student Record Store is
85 secure and confidential pursuant to the requirements of the Family Educational Rights and
86 Privacy Act, 20 U.S.C. Sec. 1232g; and
87 (b) an authorized LEA user may only access student data that is relevant to the user's
88 LEA or school.
89 (5) A student's parent may request the student's Student Achievement Backpack from
90 the LEA or the school in which the student is enrolled.
91 (6) An authorized LEA user may access student data in a Student Achievement
92 Backpack, which shall include the following data, or request that the data be transferred from
93 one LEA to another:
94 (a) student demographics;
95 (b) course grades;
96 (c) course history; and
97 (d) results of a statewide assessment.
98 (7) An authorized LEA user may access student data in a Student Achievement
99 Backpack, which shall include the data listed in Subsections (6)(a) through (d) and the
100 following data, or request that the data be transferred from one LEA to another:
101 (a) section attendance;
102 (b) the name of a student's teacher for classes or courses the student takes;
103 (c) teacher qualifications for a student's teacher, including years of experience, degree,
104 license, and endorsement;
105 (d) results of statewide assessments;
106 (e) a student's writing sample that is written for a writing assessment administered
107 pursuant to Section 53E-4-303;
108 (f) student growth scores on a statewide assessment, as applicable;
109 (g) a school's [
110 Chapter 5, Part 2, School Accountability System;
111 (h) results of benchmark assessments of reading administered pursuant to Section
112 53E-4-307; and
113 (i) a student's reading level at the end of grade 3.
114 (8) No later than June 30, 2017, the state board shall ensure that data collected in the
115 Utah Student Record Store for a Student Achievement Backpack is integrated into each LEA's
116 student information system and is made available to a student's parent and an authorized LEA
117 user in an easily accessible viewing format.
118 Section 2. Section 53E-5-204 is amended to read:
119 53E-5-204. Measuring schools.
120 (1) [
121 board shall annually [
122
123 Succeeds Act, Public Law No. 114-95, based on the school's performance level on the
124 indicators described in Subsection (2)[
125 [
126 [
127 [
128 [
129 [
130 (2) [
131 performance described in Subsection (1) [
132 indicators described in:
133 (a) Section 53E-5-205, for an elementary school or a middle school; or
134 (b) Section 53E-5-206, for a high school.
135 [
136
137 [
138
139 [
140 Section 3. Section 53E-5-301 is amended to read:
141 53E-5-301. Definitions.
142 As used in this part:
143 (1) "Charter school authorizer" means the same as that term is defined in Section
144 53G-5-102.
145 (2) "Cohort" means all district schools and charter schools identified as:
146 (a) springboard schools based on school accountability results from the same school
147 year; or
148 (b) elevate schools based on school accountability results from the same school year.
149 (3) "Continuous improvement expert" means a person identified by the state board
150 under Section 53E-5-305.
151 (4) "Educator" means the same as that term is defined in Section 53E-6-102.
152 (5) "Elevate school" means a district school or charter school that:
153 (a) is not a Title I school;
154 (b) is implementing targeted support and improvement activities under 20 U.S.C. Sec.
155 6311; and
156 (c) has applied and been designated by the state board as an elevate school as described
157 in Section 53E-5-302.1.
158 (6) "Final remedial year" means the second or third school year following the initial
159 remedial year, as determined by the state board.
160 (7) "Initial remedial year" means the school year a district school or charter school is
161 designated as a springboard school under Section 53E-5-302 or elevate school under Section
162 53E-5-302.1.
163 (8) "LEA governing board" means a local school board or charter school governing
164 board.
165 (9) "School accountability system" means the school accountability system established
166 in Part 2, School Accountability System.
167 [
168
169 [
170 (a) for a district school, Section 53E-5-303; or
171 (b) for a charter school, Section 53E-5-304.
172 [
173 (a) for a district school, Section 53E-5-303; or
174 (b) for a charter school, Section 53E-5-304.
175 [
176 designated a springboard school by the state board because the school:
177 (a) is not a Title I school; and
178 (b) when ranked according to the percentage of possible points the state board awards
179 under Title 53E, Chapter 5, Part 2, School Accountability System, averaged over three school
180 years is:
181 (i) one of the five lowest performing elementary, middle, or junior high schools
182 statewide; or
183 (ii) one of the two lowest performing high schools statewide.
184 Section 4. Section 53E-5-306 is amended to read:
185 53E-5-306. Implications for failing to improve school performance.
186 (1) As used in this section, "high performing charter school" means [
187
188 [
189
190 [
191
192 [
193
194 (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
195 the state board shall make rules establishing:
196 (i) the final remedial year for a cohort;
197 (ii) exit criteria for a springboard school or elevate school;
198 (iii) criteria for granting a school an extension as described in Subsection (3); and
199 (iv) implications for a springboard school that does not meet exit criteria after the
200 school's final remedial year or the last school year of the extension period described in
201 Subsection (3).
202 (b) In establishing exit criteria for a springboard school, the state board shall:
203 (i) determine for each springboard school the number of points awarded under the
204 school accountability system that represent a substantive improvement over the number of
205 points awarded under the school accountability system in the school year immediately
206 preceding the initial remedial year; and
207 (ii) establish a method to provide a target for each springboard school.
208 (c) The state board shall through a competitively awarded contract engage a third party
209 with expertise in school accountability and assessments to verify the exit criteria adopted under
210 Subsections (2)(a)(i) and (ii).
211 (3) (a) A springboard school may petition the state board for an extension to continue
212 school improvement efforts for up to two years if the springboard school does not meet the exit
213 criteria established by the state board as described in Subsection (2).
214 (b) A school that has been granted an extension under this Subsection (3) is eligible for
215 continued funding under Section 53E-5-305.
216 (4) If a springboard school does not meet exit criteria after the school's final remedial
217 year or the last school year of the extension period, the state board may intervene by:
218 (a) restructuring a district school, which may include:
219 (i) contract management; or
220 (ii) conversion to a charter school;
221 (b) restructuring a charter school by:
222 (i) terminating a school's charter agreement;
223 (ii) closing a charter school; or
224 (iii) transferring operation and control of the charter school to:
225 (A) a high performing charter school; or
226 (B) the school district in which the charter school is located; or
227 (c) other appropriate action as determined by the state board.
228 Section 5. Section 53E-5-309 is amended to read:
229 53E-5-309. School Leadership Development Program.
230 (1) As used in this section, "school leader" means a school principal or assistant
231 principal.
232 (2) There is created the School Leadership Development Program to increase the
233 supply of highly effective school leaders capable of:
234 (a) initiating, achieving, and sustaining school improvement efforts; and
235 (b) forming and sustaining community partnerships as described in Section 53F-5-402.
236 (3) The state board shall identify one or more providers, through a request for
237 proposals process, to develop or provide leadership development training for school leaders
238 that:
239 (a) may provide in-depth training in proven strategies to improve springboard schools
240 and elevate schools;
241 (b) may emphasize hands-on and job-embedded learning;
242 (c) aligns with the state's leadership standards established by state board rule;
243 (d) reflects the needs of a school district or charter school where a school leader serves;
244 (e) may include training on using student achievement data to drive decisions;
245 (f) may develop skills in implementing and evaluating evidence-based instructional
246 practices;
247 (g) may develop skills in leading collaborative school improvement structures,
248 including professional learning communities; and
249 (h) includes instruction on forming and sustaining community partnerships as
250 described in Section 53F-5-402.
251 (4) Subject to legislative appropriations, the state board shall provide incentive pay to a
252 school leader who:
253 (a) completes leadership development training under this section; and
254 (b) agrees to work, for at least five years, in a school that [
255
256 in the school year previous to the first year the school leader:
257 (i) completes leadership development training; and
258 (ii) begins to work, or continues to work, in a school described in this Subsection
259 (4)(b).
260 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
261 state board shall make rules specifying:
262 (a) eligibility criteria for a school leader to participate in the School Leadership
263 Development Program;
264 (b) application procedures for the School Leadership Development Program;
265 (c) criteria for selecting school leaders from the application pool; and
266 (d) procedures for awarding incentive pay under Subsection (4).
267 Section 6. Section 53G-5-503 is amended to read:
268 53G-5-503. Termination of a charter agreement.
269 (1) Subject to the requirements of Subsection (3), a charter school authorizer may
270 terminate a school's charter agreement for any of the following reasons:
271 (a) failure of the charter school to meet the requirements stated in the charter
272 agreement;
273 (b) failure to meet generally accepted standards of fiscal management;
274 (c) (i) designation as a low performing school under Title 53E, Chapter 5, Part 3,
275 School Improvement and Leadership Development; and
276 (ii) failure to improve the school's [
277 in Title 53E, Chapter 5, Part 3, School Improvement and Leadership Development;
278 (d) violation of requirements under this chapter or another law; or
279 (e) other good cause shown.
280 (2) (a) The authorizer shall notify the following of the proposed termination in writing,
281 state the grounds for the termination, and stipulate that the charter school governing board may
282 request an informal hearing before the authorizer:
283 (i) the charter school governing board; and
284 (ii) if the charter school is a qualifying charter school with outstanding bonds issued in
285 accordance with Part 6, Charter School Credit Enhancement Program, the Utah Charter School
286 Finance Authority.
287 (b) Except as provided in Subsection (2)(e), the authorizer shall conduct the hearing in
288 accordance with Title 63G, Chapter 4, Administrative Procedures Act, within 30 days after
289 receiving a written request under Subsection (2)(a).
290 (c) If the authorizer, by majority vote, approves a motion to terminate a charter school,
291 the charter school governing board may appeal the decision to the state board.
292 (d) (i) The state board shall hear an appeal of a termination made pursuant to
293 Subsection (2)(c).
294 (ii) The state board's action is final action subject to judicial review.
295 (e) (i) If the authorizer proposes to terminate the charter agreement of a qualifying
296 charter school with outstanding bonds issued in accordance with Part 6, Charter School Credit
297 Enhancement Program, the authorizer shall conduct a hearing described in Subsection (2)(b)
298 120 days or more after notifying the following of the proposed termination:
299 (A) the charter school governing board of the qualifying charter school; and
300 (B) the Utah Charter School Finance Authority.
301 (ii) Prior to the hearing described in Subsection (2)(e)(i), the Utah Charter School
302 Finance Authority shall meet with the authorizer to determine whether the deficiency may be
303 remedied in lieu of termination of the qualifying charter school's charter agreement.
304 (3) An authorizer may not terminate the charter agreement of a qualifying charter
305 school with outstanding bonds issued in accordance with Part 6, Charter School Credit
306 Enhancement Program, without mutual agreement of the Utah Charter School Finance
307 Authority and the authorizer.
308 (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
309 the state board shall make rules that require a charter school to report any threats to the health,
310 safety, or welfare of its students to the State Charter School Board in a timely manner.
311 (b) The rules under Subsection (4)(a) shall also require the charter school report to
312 include what steps the charter school has taken to remedy the threat.
313 (5) Subject to the requirements of Subsection (3), the authorizer may terminate a
314 charter agreement immediately if good cause has been shown or if the health, safety, or welfare
315 of the students at the school is threatened.
316 (6) If a charter agreement is terminated, the following entities may apply to the charter
317 school's authorizer to assume operation of the school:
318 (a) the school district where the charter school is located;
319 (b) the charter school governing board of another charter school;
320 (c) a private management company; or
321 (d) the governing board of a nonprofit corporation.
322 (7) (a) If a charter agreement is terminated, a student who attended the school may
323 apply to and shall be enrolled in another public school under the enrollment provisions of
324 Chapter 6, Part 3, School District Residency, subject to space availability.
325 (b) Normal application deadlines shall be disregarded under Subsection (7)(a).