Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 343 (2016GS)

Sponsor

Rep. Stratton, K.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that a reading achievement plan is a component of a school improvement plan;
• requires a school district or charter school to install and configure certain technology consistent with local school board or charter school governing board policies;
• amends candidate and voter eligibility requirements for school community elections; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

SCHOOL ADMINISTRATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keven J. Stratton
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill amends provisions regarding school community councils and safe technology
use in public schools.
Highlighted Provisions:
This bill:
▸ provides that a reading achievement plan is a component of a school improvement
plan;
▸ requires a school district or charter school to install and configure certain
technology consistent with local school board or charter school governing board
policies;
▸ amends candidate and voter eligibility requirements for school community
elections; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-1-606.5
, as last amended by Laws of Utah 2013, Chapter 466
53A-1-706
, as last amended by Laws of Utah 2015, Chapter 150
53A-1a-108
, as last amended by Laws of Utah 2015, Chapters 150 and 276
53A-1a-108.5
, as last amended by Laws of Utah 2015, Chapters 276 and 449
53A-1a-524
, as enacted by Laws of Utah 2015, Chapter 150
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-1-606.5
 is amended to read:
53A-1-606.5.
State reading goal -- Reading achievement plan.
(1) As used in this section:
(a) "Competency" means a demonstrable acquisition of a specified knowledge, skill, or
ability that has been organized into a hierarchical arrangement leading to higher levels of
knowledge, skill, or ability.
(b) "Five domains of reading" include phonological awareness, phonics, fluency,
comprehension, and vocabulary.
(2) (a) The Legislature recognizes that:
(i) reading is the most fundamental skill, the gateway to knowledge and lifelong
learning;
(ii) there is an ever increasing demand for literacy in the highly technological society
we live in;
(iii) students who do not learn to read will be economically and socially disadvantaged;
(iv) reading problems exist in almost every classroom;
(v) almost all reading failure is preventable if reading difficulties are diagnosed and
treated early; and
(vi) early identification and treatment of reading difficulties can result in students
learning to read by the end of the third grade.
(b) It is therefore the goal of the state to have every student in the state's public
education system reading on or above grade level by the end of the third grade.
(3) (a) Each public school containing kindergarten, grade one, grade two, or grade
three, including charter schools, shall develop, [
in conjunction with all other school planning
processes and requirements,
] 
as a component of the school improvement plan described in
Section 
53A-1a-108.5
,
 a reading achievement plan for its students in kindergarten through
grade three to reach the reading goal set in Subsection (2)(b).
(b) The reading achievement plan shall be:
(i) created under the direction of:
(A) the school community council or a subcommittee or task force created by the
school community council, in the case of a school district school; or
(B) the charter school governing board or a subcommittee or task force created by the
governing board, in the case of a charter school; and
(ii) implemented by the school's principal, teachers, and other appropriate school staff.
(c) The school principal shall take primary responsibility to provide leadership and
allocate resources and support for teachers and students, most particularly for those who are
reading below grade level, to achieve the reading goal.
(d) Each reading achievement plan shall include:
(i) an assessment component that:
(A) focuses on ongoing formative assessment to measure the five domains of reading,
as appropriate, and inform individualized instructional decisions; and
(B) includes a benchmark assessment of reading approved by the State Board of
Education pursuant to Section 
53A-1-606.6
;
(ii) an intervention component:
(A) that provides adequate and appropriate interventions focused on each student
attaining competency in reading skills;
(B) based on best practices identified through proven researched-based methods;
(C) that provides intensive intervention, such as focused instruction in small groups
and individualized data driven instruction, implemented at the earliest possible time for
students having difficulty in reading;
(D) that provides an opportunity for parents to receive materials and guidance so that
they will be able to assist their children in attaining competency in reading skills; and
(E) that, as resources allow, may involve a reading specialist; and
(iii) a reporting component that includes reporting to parents:
(A) at the beginning, in the middle, and at the end of grade one, grade two, and grade
three, their child's benchmark assessment results as required by Section 
53A-1-606.6
; and
(B) at the end of third grade, their child's reading level.
(e) In creating or reviewing a reading achievement plan as required by this section, a
school community council, charter school governing board, or a subcommittee or task force of
a school community council or charter school governing board may not have access to data that
reveal the identity of students.
(4) (a) The school district shall approve each plan developed by schools within the
district prior to its implementation and review each plan annually.
(b) The charter school governing board shall approve each plan developed by schools
under its control and review each plan annually.
(c) A school district and charter school governing board shall:
(i) monitor the learning gains of a school's students as reported by the benchmark
assessments administered pursuant to Section 
53A-1-606.6
; and
(ii) require a reading achievement plan to be revised, if the school district or charter
school governing board determines a school's students are not making adequate learning gains.
Section 2. Section 
53A-1-706
 is amended to read:
53A-1-706.
Purchases of educational technology.
(1) (a) A school district, charter school, or college of education shall comply with Title
63G, Chapter 6a, Utah Procurement Code, in purchasing technology, except as otherwise
provided in Subsection (1)(b).
(b) A school district or charter school may purchase computers from, and contract for
the repair or refurbishing of computers with, the Utah Correctional Industries without going
through the bidding or competition procedures outlined in Title 63G, Chapter 6a, Utah
Procurement Code.
(2) A school district, charter school, or college of education may purchase technology
through cooperative purchasing contracts administered by the state Division of Purchasing or
through its own established purchasing program.
(3) [
A
] 
Consistent with policies adopted by a local school board or charter school
governing board, a
 school district or charter school that purchases technology under this section
shall ensure that adequate on and off campus Internet filtering is installed and consistently
configured to prevent viewing of harmful content by students and school personnel.
Section 3. Section 
53A-1a-108
 is amended to read:
53A-1a-108.
School community councils -- Duties -- Composition -- Election
procedures and selection of members.
(1) As used in this section:
(a) "Digital citizenship" means the norms of appropriate, responsible, and healthy
behavior related to technology use, including digital literacy, ethics, etiquette, and security.
(b) "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.
(c) "Educator" means the same as that term is defined in Section 
53A-6-103
.
(d) (i) "Parent or guardian member" means a member of a school community council
who is a parent or guardian of a student who:
(A) is attending the school; or
(B) will be enrolled at the school during the parent's or guardian's term of office.
(ii) "Parent or guardian member" may not include an educator who is employed at the
school.
(e) "School community council" means a council established at a district school in
accordance with this section.
(f) "School employee member" means a member of a school community council who is
a person employed at the school by the school or school district, including the principal.
(g) "School LAND Trust Program money" means money allocated to a school pursuant
to Section 
53A-16-101.5
.
(2) A district school, in consultation with the district school's local school board, shall
establish a school community council at the school building level for the purpose of:
(a) involving parents or guardians of students in decision making at the school level;
(b) improving the education of students;
(c) prudently expending School LAND Trust Program money for the improvement of
students' education through collaboration among parents and guardians, school employees, and
the local school board; and
(d) increasing public awareness of:
(i) school trust lands and related land policies;
(ii) management of the State School Fund established in Utah Constitution Article X,
Section V; and
(iii) educational excellence.
(3) (a) Except as provided in Subsection (3)(b), a school community council shall:
(i) create a school improvement plan in accordance with Section 
53A-1a-108.5
;
(ii) create the School LAND Trust Program in accordance with Section 
53A-16-101.5
;
[
(iii) assist in the creation and implementation of a professional development plan;
and
]
[
(iv)
] 
(iii)
 advise and make recommendations to school and school district
administrators and the local school board regarding:
(A) the school and its programs;
(B) school district programs;
(C) a child access routing plan in accordance with Section 
53A-3-402
;
(D) safe technology utilization and digital citizenship; and
(E) other issues relating to the community environment for students;
[
(v)
] 
(iv)
 provide for education and awareness on safe technology utilization and digital
citizenship that empowers:
(A) a student to make smart media and online choices; and
(B) a parent or guardian to know how to discuss safe technology use with the parent's
or guardian's child; and
[
(vi)
] 
(v)
 partner with the school's principal and other administrators to ensure that
adequate on and off campus Internet filtering is installed and consistently configured to prevent
viewing of harmful content by students and school personnel, in accordance with 
local school
board policy and
 Subsection 
53A-1-706
(3).
(b) To fulfill the school community council's duties described in [
Subsection
]
Subsections
 (3)(a)[
(v)
]
(iv)
 and [
(vi)
] 
(v)
, a school community council may:
(i) partner with one or more non-profit organizations; [
and
] 
or
(ii) create a subcommittee.
[
(c) In addition to the duties specified in Subsection (3)(a), a school community council
for an elementary school shall create a reading achievement plan in accordance with Section
53A-1-606.5
.
]
[
(d)
] 
(c)
 A school or school district administrator may not prohibit or discourage a
school community council from discussing issues, or offering advice or recommendations,
regarding the school and its programs, school district programs, the curriculum, or the
community environment for students.
(4) (a) Each school community council shall consist of school employee members and
parent or guardian members in accordance with this section.
(b) Except as provided in Subsection (4)(c) or (d):
(i) each school community council for a high school shall have six parent or guardian
members and four school employee members, including the principal; and
(ii) each school community council for a school other than a high school shall have
four parent or guardian members and two school employee members, including the principal.
(c) A school community council may determine the size of the school community
council by a majority vote of a quorum of the school community council provided that:
(i) the membership includes two or more parent or guardian members than the number
of school employee members; and
(ii) there are at least two school employee members on the school community council.
(d) (i) The number of parent or guardian members of a school community council who
are not educators employed by the school district shall exceed the number of parent or guardian
members who are educators employed by the school district.
(ii) If, after an election, the number of parent or guardian members who are not
educators employed by the school district does not exceed the number of parent or guardian
members who are educators employed by the school district, the parent or guardian members of
the school community council shall appoint one or more parent or guardian members to the
school community council so that the number of parent or guardian members who are not
educators employed by the school district exceeds the number of parent or guardian members
who are educators employed by the school district.
(5) (a) Except as provided in Subsection (5)(f), a school employee member, other than
the principal, shall be elected by secret ballot by a majority vote of the school employees and
serve a two-year term. The principal shall serve as an ex officio member with full voting
privileges.
(b) (i) Except as provided in Subsection (5)(f), a parent or guardian member shall be
elected by secret ballot at an election held at the school by a majority vote of those voting at the
election and serve a two-year term.
(ii) 
(A)
 [
Only parents or guardians of students
] 
Except as provided in Subsection
(5)(b)(ii)(B), only a parent or guardian of a student
 attending the school may vote [
at
] 
in, or run
as a candidate in,
 the election under Subsection (5)(b)(i).
(B) If an election is held in the spring, a parent or guardian of a student who will be
attending the school the following school year may vote in, and run as a candidate in, the
election under Subsection (5)(b)(i).
(iii) Any parent or guardian of a student who meets the qualifications of this section
may file or declare the parent's or guardian's candidacy for election to a school community
council.
(iv) (A) Subject to Subsections (5)(b)(iv)(B) and (5)(b)(iv)(C), a timeline for the
election of parent or guardian members of a school community council shall be established by
a local school board for the schools within the school district.
(B) An election for the parent or guardian members of a school community council
shall be held near the beginning of the school year or held in the spring and completed before
the last week of school.
(C) Each school shall establish a time period for the election of parent or guardian
members of a school community council under Subsection (5)(b)(iv)(B) that is consistent for at
least a four-year period.
(c) (i) [
The
] 
At least 10 days before the date that voting commences for the elections
held under Subsections (5)(a) and (5)(b), the
 principal of the school, or the principal's designee,
shall provide notice 
to each school employee, parent, or guardian,
 of the [
available community
council positions to school employees, parents, and guardians at least 10 days before the date
that voting commences for the elections held under Subsections (5)(a) and (5)(b)
] 
opportunity
to vote in, and run as a candidate in, an election under this Subsection (5)
.
(ii) The notice shall include:
(A) the dates and times of the elections;
(B) a list of council positions that are up for election; and
(C) instructions for becoming a candidate for a community council position.
(iii) The principal of the school, or the principal's designee, shall oversee the elections
held under Subsections (5)(a) and (5)(b).
(iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a
secure ballot box.
(d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
available to the public upon request.
(e) (i) If a parent or guardian position on a school community council remains unfilled
after an election is held, the other parent or guardian members of the council shall appoint a
parent or guardian who meets the qualifications of this section to fill the position.
(ii) If a school employee position on a school community council remains unfilled after
an election is held, the other school employee members of the council shall appoint a school
employee to fill the position.
(iii) A member appointed to a school community council under Subsection (5)(e)(i) or
(ii) shall serve a two-year term.
(f) (i) If the number of candidates who file for a parent or guardian position or school
employee position on a school community council is less than or equal to the number of open
positions, an election is not required.
(ii) If an election is not held pursuant to Subsection (5)(f)(i) and a parent or guardian
position remains unfilled, the other parent or guardian members of the council shall appoint a
parent or guardian who meets the qualifications of this section to fill the position.
(iii) If an election is not held pursuant to Subsection (5)(f)(i) and a school employee
position remains unfilled, the other school employee members of the council shall appoint a
school employee who meets the qualifications of this section to fill the position.
(g) The principal shall enter the names of the council members on the School LAND
Trust website on or before October 20 of each year, pursuant to Section 
53A-1a-108.1
.
(h) Terms shall be staggered so that approximately half of the council members stand
for election each year.
(i) A school community council member may serve successive terms provided the
member continues to meet the definition of a parent or guardian member or school employee
member as specified in Subsection (1).
(j) Each school community council shall elect:
(i) a chair from its parent or guardian members; and
(ii) a vice chair from either its parent or guardian members or school employee
members, excluding the principal.
(6) (a) A school community council may create subcommittees or task forces to:
(i) advise or make recommendations to the council; or
(ii) develop all or part of a plan listed in Subsection (3).
(b) Any plan or part of a plan developed by a subcommittee or task force shall be
subject to the approval of the school community council.
(c) A school community council may appoint individuals who are not council members
to serve on a subcommittee or task force, including parents or guardians, school employees, or
other community members.
(7) (a) A majority of the members of a school community council is a quorum for the
transaction of business.
(b) The action of a majority of the members of a quorum is the action of the school
community council.
(8) A local school board shall provide training for a school community council each
year, including training:
(a) for the chair and vice chair about their responsibilities;
(b) on resources available on the School LAND Trust website; and
(c) on the following statutes governing school community councils:
(i) Section 
53A-1a-108
;
(ii) Section 
53A-1a-108.1
;
(iii) Section 
53A-1a-108.5
; and
(iv) Section 
53A-16-101.5
.
Section 4. Section 
53A-1a-108.5
 is amended to read:
53A-1a-108.5.
School improvement plan.
(1) (a) A school community council established under Section 
53A-1a-108
 shall
annually evaluate, with the school's principal, the school's statewide achievement test results,
reading achievement plan, class size reduction needs, 
and
 technology needs, [
and professional
development plan,
] and use the evaluations in developing a school improvement plan to
improve teaching and learning conditions.
(b) In evaluating statewide achievement 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) A school community council shall develop a school improvement plan that:
(a) identifies the school's most critical academic needs;
(b) recommends a course of action to meet the identified needs;
(c) 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) 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[
.
]
; and
(e) if the school community council represents a school that educates students in
kindergarten, grade 1, grade 2, or grade 3, includes a reading achievement plan as described in
Section 
53A-1-606.5
.
(3) Although a school improvement plan focuses on the school's most critical academic
needs, the school improvement 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 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 multiyear school improvement 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 school improvement 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 5. Section 
53A-1a-524
 is amended to read:
53A-1a-524.
Safe technology utilization and digital citizenship.
A charter school governing board, or a council formed by a charter school governing
board to prepare a plan for the use of School LAND Trust Program money under Section
53A-16-101.5
:
(1) shall provide for education and awareness on safe technology utilization and digital
citizenship that empowers:
(a) a student to make smart media and online choices; and
(b) a parent or guardian to know how to discuss safe technology use with the parent's
or guardian's child;
(2) shall partner with the school's principal and other administrators to ensure that
adequate on and off campus Internet filtering is installed and consistently configured to prevent
viewing of harmful content by students and school personnel, in accordance with 
charter school
governing board policy and
 Subsection 
53A-1-706
(3); and
(3) may partner with one or more non-profit organizations to fulfill the duties described
in Subsections (1) and (2).