Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 235 Second Substitute (2015GS)

Sponsor

Sen. Niederhauser, W.

Final action

Governor Signed 3/31/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• requires a local school board to take certain actions to turn around a low performing district school;
• requires a charter school authorizer and a charter school governing board to take certain actions to turn around a low performing charter school;
• directs the State Board of Education to:
• select independent school turnaround experts, through a request for proposals process;
• review and approve school turnaround plans submitted by a local school board or charter school governing board; and
• make rules imposing certain consequences on a school district or charter school that fails to improve the school grade of a low performing school within a certain amount of time;
• creates the School Recognition and Reward Program to provide incentives to schools and educators to improve the school grade of a low performing school;
• creates the School Leadership Development Program to increase the number of highly effective school leaders capable of initiating, achieving, and sustaining school improvement efforts; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

SCHOOL TURNAROUND AND LEADERSHIP DEVELOPMENT
ACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne L. Niederhauser
House Sponsor: 
Bradley G. Last
LONG TITLE
General Description:
This bill enacts and amends provisions related to turning around low performing
schools and developing school leaders.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires a local school board to take certain actions to turn around a low performing
district school;
▸ requires a charter school authorizer and a charter school governing board to take
certain actions to turn around a low performing charter school;
▸ directs the State Board of Education to:
• select independent school turnaround experts, through a request for proposals
process;
• review and approve school turnaround plans submitted by a local school board
or charter school governing board; and
• make rules imposing certain consequences on a school district or charter school
that fails to improve the school grade of a low performing school within a
certain amount of time;
▸ creates the School Recognition and Reward Program to provide incentives to
schools and educators to improve the school grade of a low performing school;
▸ creates the School Leadership Development Program to increase the number of
highly effective school leaders capable of initiating, achieving, and sustaining
school improvement efforts; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2016:
▸ to the State Board of Education - State Office of Education - Initiative Programs, as
an ongoing appropriation:
• from the Education Fund, $10,000,000.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53A-1a-108.5
, as enacted by Laws of Utah 2002, Chapter 324
53A-1a-510
, as last amended by Laws of Utah 2014, Chapter 363
ENACTS:
53A-1-1201
, Utah Code Annotated 1953
53A-1-1202
, Utah Code Annotated 1953
53A-1-1203
, Utah Code Annotated 1953
53A-1-1204
, Utah Code Annotated 1953
53A-1-1205
, Utah Code Annotated 1953
53A-1-1206
, Utah Code Annotated 1953
53A-1-1207
, Utah Code Annotated 1953
53A-1-1208
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-1-1201
 is enacted to read:
Part 12. School Turnaround and Leadership Development Act
 53A-1-1201.
Title.
This part is known as the "School Turnaround and Leadership Development Act."
Section 2. Section 
53A-1-1202
 is enacted to read:
 53A-1-1202.
Definitions.
As used in this part:
(1) "Board" means the State Board of Education.
(2) "Charter school authorizer" means the same as that term is defined in Section
53A-1a-501.3
.
(3) "District school" means a public school under the control of a local school board
elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
Boards.
(4) "Educator" means the same as that term is defined in Section 
53A-6-103
.
(5) "Independent school turnaround expert" means a person that:
(a) meets the criteria described in Subsection 
53A-1-1205
(2); and
(b) is not an employee of a school district, charter school, or the Utah State Office of
Education.
(6) "Low performing school" means a district school or charter school that is in the
lowest performing 3% of schools statewide according to points earned under the school grading
system.
(7) "School grade" or "grade" means the letter grade assigned to a school under the
school grading system.
(8) "School grading system" means the system established under Part 11, School
Grading Act, of assigning letter grades to schools.
(9) "Statewide assessment" means a criterion-referenced test of student achievement in
English language arts, mathematics, or science, including a test administered in a computer
adaptive format, which is administered statewide under Part 6, Achievement Tests.
Section 3. Section 
53A-1-1203
 is enacted to read:
 53A-1-1203.
Required action to turn around a low performing district school.
(1) A local school board of a low performing district school shall:
(a) on or before October 1 of the school year following the year the school is
designated a low performing school, establish a school turnaround committee composed of the
following members:
(i) the local school board member who represents the voting district where the low
performing school is located;
(ii) the school principal;
(iii) three parents of students enrolled in the low performing school, appointed by the
chair of the school community council;
(iv) one teacher at the low performing school, appointed by the principal; and
(v) one teacher at the low performing school, appointed by the school district
superintendent; and
(b) on or before November 1 of the school year following the year the school is
designated a low performing school, in partnership with the school turnaround committee,
select an independent school turnaround expert from the experts identified by the board under
Subsection 
53A-1-1205
(1).
(2) A school turnaround committee shall partner with the independent school
turnaround expert selected under Subsection (1)(b) to develop and implement a school
turnaround plan that includes:
(a) the findings of the analysis conducted by the independent school turnaround expert
described in Subsection 
53A-1-1205
(1)(a);
(b) recommendations regarding changes to the low performing school's personnel,
culture, curriculum, assessments, instructional practices, governance, leadership, finances,
policies, or other areas that may be necessary to implement the school turnaround plan;
(c) measurable student achievement goals and objectives;
(d) a professional development plan that identifies a strategy to address problems of
instructional practice;
(e) a detailed budget specifying how the school turnaround plan will be funded;
(f) a plan to assess and monitor progress;
(g) a plan to communicate and report data on progress to stakeholders; and
(h) a timeline for implementation.
(3) (a) A local school board of a low performing school shall grant a low performing
school streamlined authority over staff, schedule, policies, budget, and academic programs to
implement the school turnaround plan.
(b) A low performing district school that is partnering with an independent school
turnaround expert under this section is exempt from Title 53A, Chapter 8a, Public Education
Human Resource Management Act.
(4) (a) On or before April 1 of the school year following the year in which a school is
designated a low performing school, a school turnaround committee shall submit the school
turnaround plan to the local school board for approval.
(b) On or before May 1 of the school year following the year in which a school is
designated a low performing school, a local school board of a low performing school shall
submit the school turnaround plan to the board for approval.
Section 4. Section 
53A-1-1204
 is enacted to read:
 53A-1-1204.
Required action to terminate or turn around a low performing
charter school.
(1) Immediately following the date the board releases annual school grades, a charter
school authorizer of a low performing charter school shall initiate a review to determine
whether the charter school is in compliance with the school's charter agreement described in
Section 
53A-1a-508
, including the school's established minimum standards for student
achievement.
(2) If a low performing charter school is found to be out of compliance with the
school's charter agreement, the charter school authorizer may terminate the school's charter in
accordance with Section 
53A-1a-510
.
(3) A charter school authorizer shall make a determination on the status of a school's
charter under Subsection (2) on or before September 30 of the school year following the year
the charter school is designated a low performing school.
(4) If a charter school authorizer does not terminate a low performing school's charter
under Subsection (2), a charter school governing board of a low performing charter school
shall:
(a) on or before October 1 of the school year following the year the school is
designated a low performing school, establish a school turnaround committee composed of the
following members:
(i) a member of the charter school governing board, appointed by the chair of the
charter school governing board;
(ii) the school principal;
(iii) three parents of students enrolled in the low performing school, appointed by the
chair of the charter school governing board; and
(iv) two teachers at the low performing school, appointed by the school principal; and
(b) on or before November 1 of the school year following the year the school is
designated a low performing school, in partnership with the school turnaround committee,
select an independent school turnaround expert from the experts identified by the board under
Section 
53A-1-1205
.
(5) A school turnaround committee shall partner with the independent school
turnaround expert selected under Subsection (4)(b) to develop and implement a school
turnaround plan that includes the elements described in Subsection 
53A-1-1203
(2).
(6) (a) On or before April 1 of the school year following the year in which a school is
designated a low performing school, a school turnaround committee shall submit the school
turnaround plan to the charter school governing board for approval.
(b) On or before May 1 of the school year following the year in which a school is
designated a low performing school, a charter school governing board of a low performing
school shall submit the school turnaround plan to the board for approval.
Section 5. Section 
53A-1-1205
 is enacted to read:
 53A-1-1205.
State Board of Education to identify independent school turnaround
experts -- Review and approval of school turnaround plans.
(1) On or before August 1, 2015, the board shall identify one or more approved
independent school turnaround experts, through a request for proposals process, that a low
performing school may select from to partner with to:
(a) collect and analyze data on the low performing school's student achievement,
personnel, culture, curriculum, assessments, instructional practices, governance, leadership,
finances, and policies;
(b) recommend changes to the low performing school's culture, curriculum,
assessments, instructional practices, governance, finances, policies, or other areas based on
data collected under Subsection (1)(a);
(c) develop and implement, in partnership with the school turnaround committee, a
school turnaround plan that meets the criteria described in Subsection 
53A-1-1203
(2);
(d) monitor the effectiveness of a school turnaround plan through reliable means of
evaluation, including on-site visits, observations, surveys, analysis of student achievement data,
and interviews;
(e) provide project management for a school turnaround plan;
(f) provide high-quality professional development to school staff that is designed to
build the:
(i) leadership capacity of the school principal; and
(ii) instructional capacity of school staff; and
(g) leverage support from community partners to coordinate an efficient delivery of
supports to students both inside and outside the classroom.
(2) In identifying independent school turnaround experts under Subsection (1), the
board shall identify experts that:
(a) have a credible track record of improving student academic achievement in public
schools with various demographic characteristics, as measured by statewide assessments;
(b) have experience designing, implementing, and evaluating data-driven instructional
systems in public schools;
(c) have experience coaching public school administrators and teachers on designing
data-driven school improvement plans;
(d) have experience working with the various education entities that govern public
schools;
(e) have experience delivering high-quality professional development in instructional
effectiveness to public school administrators and teachers;
(f) are willing to be compensated for professional services based on performance as
described in Subsection (3); and
(g) are willing to partner with any low performing school in the state, regardless of
location.
(3) (a) When awarding a contract to a school turnaround expert selected by a local
school board under Subsection 
53A-1-1203
(1)(b) or by a charter school governing board under
Subsection 
53A-1-1204
(4)(b), the board shall ensure that a contract between the board and the
school turnaround expert specifies that the board will:
(i) pay a school turnaround expert no more than 50% of the expert's professional fees at
the beginning of the school turnaround expert's work for the low performing school; and
(ii) pay the remainder of the school turnaround expert's professional fees upon the
school turnaround expert successfully helping a low performing school improve the low
performing school's grade within two school years after a school is designated a low
performing school.
(b) In negotiating a contract with a school turnaround expert, the board shall offer:
(i) differentiated amounts of funding based on student enrollment; and
(ii) a higher amount of funding for schools that are in the lowest performing 1% of
schools statewide according to points earned under the school grading system.
(4) The board shall:
(a) review a school turnaround plan submitted for approval under Subsection
53A-1-1203
(4)(b) or under Subsection 
53A-1-1204
(6)(b);
(b) approve a school turnaround plan that:
(i) is timely;
(ii) is well-developed; and
(iii) meets the criteria described in Subsection 
53A-1-1203
(2); and
(c) subject to legislative appropriations, provide funding to low performing schools for
interventions identified in an approved school turnaround plan if the local school board or
charter school governing board provides matching funds or an in-kind contribution of goods or
services in an amount equal to the funding the low performing school would receive from the
board.
Section 6. Section 
53A-1-1206
 is enacted to read:
 53A-1-1206.
Consequences for failing to improve the school grade of a low
performing school.
(1) As used in this section, "high performing charter school" means a charter school
that:
(a) satisfies all requirements of state law and board rules;
(b) has met the terms of its charter agreement for at least three years; and
(c) has received at least a "B" grade under the school grading system in the previous
two school years.
(2) (a) A low performing school that does not improve the low performing school's
grade within two school years after the school is designated a low performing school may
petition the board for an extension to continue school improvement efforts for up to two years.
(b) The board may only grant an extension under Subsection (2)(a) if the low
performing school has increased the number of points awarded under the school grading
system by at least 50%.
(c) The board may extend the contract of an independent school turnaround expert of a
low performing school that is granted an extension under this Subsection (2).
(d) A school that has been granted an extension under this Subsection (2) is eligible
for:
(i) continued funding under Subsection 
53A-1-1205
(4)(c); and
(ii) the School Recognition and Reward Program under Section 
53A-1-1207
.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules establishing consequences for a low performing school that:
(a) (i) does not improve the school's grade within two school years after the school is
designated a low performing school; and
(ii) is not granted an extension under Subsection (2); or
(b) (i) is granted an extension under Subsection (2); and
(ii) does not improve the school's grade within two school years after the low
performing school is granted an extension.
(4) The board shall ensure that the rules established under Subsection (3) include a
mechanism for:
(a) restructuring a district school, including:
(i) contract management;
(ii) conversion to a charter school; or
(iii) state takeover; and
(b) restructuring a charter school, including:
(i) termination of a school's charter;
(ii) closure of a charter school; or
(iii) transferring operation and control of the charter school to a high performing
charter school.
Section 7. Section 
53A-1-1207
 is enacted to read:
 53A-1-1207.
School Recognition and Reward Program.
(1) As used in this section, "eligible school" means a low performing school that:
(a) improves the school's grade within two school years after the school is designated a
low performing school; or
(b) (i) has been granted an extension under Subsection 
53A-1-1206
(2); and
(ii) improves the school's grade within the extension period.
(2) The School Recognition and Reward Program is created to provide incentives to
schools and educators to improve the school grade of a low performing school.
(3) Subject to appropriations by the Legislature, upon the annual release of school
grades by the board, the board shall distribute a reward equal to:
(a) for an eligible school that improves the eligible school's grade one grade level:
(i) $100 per tested student; and
(ii) $1,000 per educator;
(b) for an eligible school that improves the eligible school's grade two grade levels:
(i) $200 per tested student; and
(ii) $2,000 per educator;
(c) for an eligible school that improves the eligible school's grade three grade levels:
(i) $300 per tested student; and
(ii) $3,000 per educator; and
(d) for an eligible school that improves the eligible school's grade four grade levels:
(i) $500 per tested student; and
(ii) $5,000 per educator.
(4) The principal of an eligible school that receives a reward under Subsection (3) may
determine how to use the money in the best interest of the school, including providing bonuses
to educators.
(5) The board may reduce the amounts specified in Subsection (3) if the number of
qualifying eligible schools exceeds available funds.
Section 8. Section 
53A-1-1208
 is enacted to read:
 53A-1-1208.
School Leadership Development Program.
(1) As used in this section, "school leader" means a school principal or assistant
principal.
(2) There is created the School Leadership Development Program to increase the
number of highly effective school leaders capable of initiating, achieving, and sustaining
school improvement efforts.
(3) The board shall identify approved providers, through a request for proposals
process, to provide leadership development training for school leaders that:
(a) emphasizes hands-on and job-embedded learning;
(b) is aligned to the state's leadership standards established by board rule;
(c) reflects the needs of the school districts and charter schools where a school leader
serves;
(d) includes training on using student achievement data to drive decisions;
(e) develops skills in implementing and evaluating evidence-based instructional
practices; and
(f) develops skills in leading collaborative school improvement structures, including
professional learning communities.
(4) Subject to legislative appropriations, the State Board of Education shall provide
incentive pay to a school leader who:
(a) completes leadership development training under this section; and
(b) agrees to work, for at least five years, in a school that received an "F" grade or "D"
grade under the school grading system in the school year previous to the first year the school
leader:
(i) completes leadership development training; and
(ii) begins to work, or continues to work, in a school described in Subsection (4)(b).
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules specifying:
(a) eligibility criteria for a school leader to participate in the School Leadership
Development Program;
(b) application procedures for the School Leadership Development Program;
(c) criteria for selecting school leaders from the application pool; and
(d) procedures for awarding incentive pay under Subsection (4).
Section 9. Section 
53A-1a-108.5
 is amended to read:
53A-1a-108.5.
School improvement plan.
(1) (a) Each school community council shall annually evaluate the school's U-PASS
test results and use the evaluations in developing a school improvement plan.
(b) In evaluating U-PASS test results and developing a school improvement plan, a
school community council may not have access to data that reveal the identity of students.
(2) [
Each
] 
A school community council shall develop a
 school improvement plan
[
shall
] 
that
:
(a) [
identify
] 
identifies
 the school's most critical academic needs;
(b) [
recommend
] 
recommends
 a course of action to meet the identified needs;
(c) [
list
] 
lists
 any programs, practices, materials, or equipment that the school will need
to implement its action plan to have a direct impact on the instruction of students and result in
measurable increased student performance; and
(d) [
describe
] 
describes
 how the school intends to enhance or improve academic
achievement, including how financial resources available to the school, such as School LAND
Trust Program money received under Section 
53A-16-101.5
 and state and federal grants, will
be used to enhance or improve academic achievement.
(3) [
The
] 
Although a
 school improvement plan [
shall focus
] 
focuses
 on the school's
most critical academic needs [
but
]
, the plan
 may include other actions to enhance or improve
academic achievement and 
the
 community environment for students.
(4) The school principal shall make available to the school community council the
school budget and other data needed to develop the school improvement plan.
(5) The school improvement plan [
shall be
] 
is
 subject to the approval of the local
school board of the school district in which the school is located.
(6) A school community council may develop a multiyear school improvement plan,
but the plan must be presented to and approved annually by the local school board.
(7) Each school shall:
(a) implement the school improvement plan as developed by the school community
council and approved by the local school board;
(b) provide ongoing support for the council's plan; and
(c) meet local school board reporting requirements regarding performance and
accountability.
(8) The school community council of a low performing school, as defined in Section
53A-1-1202
, shall develop a school improvement plan that is consistent with the school
turnaround plan developed by the school turnaround committee under Chapter 1, Part 12,
School Turnaround and Leadership Development Act.
Section 10. Section 
53A-1a-510
 is amended to read:
53A-1a-510.
Termination of a charter.
(1) Subject to the requirements of Subsection (3), a charter school authorizer may
terminate a school's charter for any of the following reasons:
(a) failure of the charter school to meet the requirements stated in the charter;
(b) failure to meet generally accepted standards of fiscal management;
(c) subject to Subsection (8), failure to make adequate yearly progress under the No
Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq.;
(d) (i) designation as a low performing school under Chapter 1, Part 11, School
Grading Act; and
(ii) failure to improve the school's grade under the conditions described in Chapter 1,
Part 12, School Turnaround and Leadership Development Act;
[
(d)
] 
(e)
 violation of requirements under this part or another law; or
[
(e)
] 
(f)
 other good cause shown.
(2) (a) The authorizer shall notify the following of the proposed termination in writing,
state the grounds for the termination, and stipulate that the governing board may request an
informal hearing before the authorizer:
(i) the governing board of the charter school; and
(ii) if the charter school is a qualifying charter school with outstanding bonds issued in
accordance with Chapter 20b, Part 2, Charter School Credit Enhancement Program, the Utah
Charter School Finance Authority.
(b) Except as provided in Subsection (2)(e), the authorizer shall conduct the hearing in
accordance with Title 63G, Chapter 4, Administrative Procedures Act, within 30 days after
receiving a written request under Subsection (2)(a).
(c) If the authorizer, by majority vote, approves a motion to terminate a charter school,
the governing board of the charter school may appeal the decision to the State Board of
Education.
(d) (i) The State Board of Education shall hear an appeal of a termination made
pursuant to Subsection (2)(c).
(ii) The State Board of Education's action is final action subject to judicial review.
(e) (i) If the authorizer proposes to terminate the charter of a qualifying charter school
with outstanding bonds issued in accordance with Chapter 20b, Part 2, Charter School Credit
Enhancement Program, the authorizer shall conduct a hearing described in Subsection (2)(b)
120 days or more after notifying the following of the proposed termination:
(A) the governing board of the qualifying charter school; and
(B) the Utah Charter School Finance Authority.
(ii) Prior to the hearing described in Subsection (2)(e)(i), the Utah Charter School
Finance Authority shall meet with the authorizer to determine whether the deficiency may be
remedied in lieu of termination of the qualifying charter school's charter.
(3) An authorizer may not terminate the charter of a qualifying charter school with
outstanding bonds issued in accordance with Chapter 20b, Part 2, Charter School Credit
Enhancement Program, without mutual agreement of the Utah Charter School Finance
Authority and the authorizer.
(4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the State Board of Education shall make rules that require a charter school to report any threats
to the health, safety, or welfare of its students to the State Charter School Board in a timely
manner.
(b) The rules under Subsection (4)(a) shall also require the charter school report to
include what steps the charter school has taken to remedy the threat.
(5) Subject to the requirements of Subsection (3), the authorizer may terminate a
charter immediately if good cause has been shown or if the health, safety, or welfare of the
students at the school is threatened.
(6) If a charter is terminated during a school year, the following entities may apply to
the charter school's authorizer to assume operation of the school:
(a) the school district where the charter school is located;
(b) the governing board of another charter school; or
(c) a private management company.
(7) (a) If a charter is terminated, a student who attended the school may apply to and
shall be enrolled in another public school under the enrollment provisions of Chapter 2, Part 2,
District of Residency, subject to space availability.
(b) Normal application deadlines shall be disregarded under Subsection (7)(a).
(8) Subject to the requirements of Subsection (3), an authorizer may terminate a charter
pursuant to Subsection (1)(c) under the same circumstances that local educational agencies are
required to implement alternative governance arrangements under 20 U.S.C. Sec. 6316.
Section 11. 
Appropriation.
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following sums of money
are appropriated from resources not otherwise appropriated, or reduced from amounts
previously appropriated, out of the funds or accounts indicated. These sums of money are in
addition to any amounts previously appropriated for fiscal year 2016.
To State Board of Education - State Office of Education - Initiative Programs
From Education Fund
$10,000,000
Schedule of Programs:
Contracts and Grants - Low Performing Schools $10,000,000
The Legislature intends that:
(1) the State Board of Education:
(a) may use up to $1,000,000 of the appropriation under this section to provide funds to
low performing schools for interventions identified in an approved school turnaround plan
under Subsection 
53A-1-1205
(4);
(b) may use up to $500,000 of the appropriation under this section for the School
Leadership Development Program created under Section 
53A-1-1208
; and
(c) shall use the remaining funds to contract with independent school turnaround
experts under Subsection 
53A-1-1205
(3) and for the School Recognition and Reward Program
created under Section 
53A-1-1207
, prioritizing funding for contracts with independent school
turnaround experts under Subsection 
53A-1-1205
(3); and
(2) the appropriations under this section are:
(a) ongoing; and
(b) non-lapsing.
Section 12. 
Effective date.
(1) Except as provided in Subsection (2), if approved by two-thirds of all the members
elected to each house, this bill takes effect upon approval by the governor, or the day following
the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
signature, or in the case of a veto, the date of veto override.
(2) Uncodified Section 11, Appropriation, takes effect on July 1, 2015.
Legislative Review Note
 as of 2-19-15 9:22 AM
Office of Legislative Research and General Counsel