Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 443 First Substitute (2016GS)

Sponsor

Rep. Gibson, F.

Final action

Governor Signed 3/28/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms; and
• amends, repeals, and reenacts provisions regarding a school's responsibility to attempt to recover students who have dropped out of school, including provisions regarding:
• enrollment options;
• funding; and
• reporting.

Every vote on this bill

Bill text

SCHOOL DROPOUT RECOVERY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Francis D. Gibson
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions regarding a school's responsibility to attempt to recover
students who have dropped out of school.
Highlighted Provisions:
This bill:
▸ defines terms; and
▸ amends, repeals, and reenacts provisions regarding a school's responsibility to
attempt to recover students who have dropped out of school, including provisions
regarding:
• enrollment options;
• funding; and
• reporting.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
53A-15-1701
, Utah Code Annotated 1953
53A-15-1702
, Utah Code Annotated 1953
53A-15-1703
, Utah Code Annotated 1953
REPEALS:
53A-17a-172
, as enacted by Laws of Utah 2015, Chapter 472
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-15-1701
 is enacted to read:
Part 17. Dropout Recovery
 53A-15-1701.
Title.
This part is known as "Dropout Recovery."
Section 2. Section 
53A-15-1702
 is enacted to read:
 53A-15-1702.
Definitions.
As used in this part:
(1) "Attainment goal" means:
(a) for a designated student younger than 18 years old:
(i) earning a high school diploma;
(ii) earning a Utah High School Completion Diploma, as defined in State Board of
Education rule; or
(iii) earning an industry-based certificate that is likely to result in job placement; or
(b) for a designated student 18 years old or older, earning a high school diploma in
accordance with Section 
53A-12-101
.
(2) "Cohort" means a group of students, defined by the year in which the group enters
grade 9.
(3) "Designated student" means a student:
(a) who has withdrawn from a secondary school prior to earning a diploma;
(b) who has been dropped from average daily membership; and
(c) whose cohort has not yet graduated.
(4) "Local education agency" or "LEA" means a school district or charter school that
serves students in grade 9, 10, 11, or 12.
(5) "Nontraditional program" means a program, as defined in rules made by the State
Board of Education under Subsection 
53A-1-402
(1)(e), in which a student receives instruction
through:
(a) distance learning;
(b) online learning;
(c) blended learning; or
(d) competency-based learning.
(6) "Third party" means:
(a) a private provider; or
(b) an LEA that does not meet the criteria described in Subsection 
53A-15-1703
(3).
Section 3. Section 
53A-15-1703
 is enacted to read:
 53A-15-1703.
Dropout recovery -- Flexible enrollment options -- Contracting --
Reporting.
(1) (a) Subject to Subsection (1)(b), an LEA shall provide dropout recovery services to
a designated student, including:
(i) contacting, recruiting, and attempting to recover a designated student;
(ii) developing a learning plan, in consultation with a designated student, to identify:
(A) barriers to regular school attendance;
(B) an attainment goal; and
(C) a means for achieving the attainment goal through enrollment in one or more of the
programs described in Subsection (2);
(iii) monitoring a designated student's progress toward reaching the designated
student's attainment goal; and
(iv) providing tiered interventions for a designated student who is not making progress
toward reaching the student's attainment goal.
(b) An LEA shall provide the dropout recovery services described in Subsection (1)(a):
(i) throughout the calendar year; and
(ii) for each designated student who became a designated student while enrolled in the
LEA.
(2) (a) An LEA shall provide flexible enrollment options for a designated student that:
(i) are tailored to a designated student's learning plan developed under Subsection
(1)(a)(ii); and
(ii) include two or more of the following:
(A) enrollment in the LEA in a traditional program;
(B) enrollment in the LEA in a nontraditional program;
(C) enrollment in a program offered by a private provider that has entered into a
contract with the LEA to provide educational services; or
(D) enrollment in a program offered by another LEA.
(b) A designated student may enroll in:
(i) a program offered by the LEA under Subsection (2)(a), in accordance with this Title
53A, State System of Public Education, rules established by the State Board of Education, and
policies established by the LEA;
(ii) the Electronic High School, in accordance with Part 10, Electronic High School
Act; or
(iii) the Statewide Online Education Program, in accordance with Part 12, Statewide
Online Education Program Act.
(c) An LEA shall make the LEA's best effort to accommodate a designated student's
choice of enrollment under Subsection (2)(b).
(3) (a) Beginning with the 2017-18 school year and except as provided in Subsection
(3)(b), an LEA shall enter into a contract with a third party to provide the dropout recovery
services described in Subsection (1)(a) for any school year in which the LEA's graduation rate,
as annually calculated by the State Board of Education for federal accountability and reporting
purposes:
(i) is lower than the statewide graduation rate, as annually calculated by the State
Board of Education; and
(ii) has not increased by at least 1% on average over the previous three school years.
(b) An LEA that is in the LEA's first three years of operation is not subject to the
requirement described in Subsection (3)(a).
(4) An LEA described in Subsection (3) shall ensure that:
(a) a third party with whom the LEA enters into a contract under Subsection (3) has a
demonstrated record of effectiveness engaging with and recovering designated students; and
(b) a contract with a third party requires the third party to:
(i) provide the services described in Subsection (1)(a); and
(ii) regularly report progress to the LEA.
(5) An LEA shall annually submit a report to the State Board of Education on dropout
recovery services provided under this section, including:
(a) the methods the LEA or third party uses to contact, recruit, and attempt to recover
designated students under Subsection (1)(a)(i);
(b) the number of designated students who enroll in a program described in Subsection
(2) as a result of the efforts described in Subsection (5)(a);
(c) the number of designated students who reach the designated students' attainment
goal identified under Subsection (1)(a)(ii)(B); and
(d) funding allocated to provide dropout recovery services.
(6) The State Board of Education shall:
(a) ensure that an LEA described in Subsection (3) contracts with a third party to
provide dropout recovery services in accordance with Subsections (3) and (4); and
(b) on or before October 30, 2017, and each year thereafter, report to the Education
Interim Committee on the provisions of this section, including a summary of the reports
submitted under Subsection (5).
Section 4. 
Repealer.
This bill repeals:
Section 
53A-17a-172
,
Use of minimum school program funds for dropout recovery
services.
Legislative Review Note
Office of Legislative Research and General Counsel