Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 143 First Substitute (2016GS)

Sponsor

Sen. Stephenson, H.

Final action

Governor Signed 3/28/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends existing competency-based education provisions;
• enacts Title 53A, Chapter 15, Part 17, Competency-Based Education Grants Program, including:
• enacts definitions;
• enacts provisions related to the State Board of Education (board) duties;
• enacts provisions related to planning grants;
• enacts provisions related to implementation grants;
• enacts provisions related to expansion grants;
• enacts provisions related to waivers from board rule; and
• enacts provisions related to institutions of higher education and prohibitions on penalizing students in a competency-based education program .

Every vote on this bill

Bill text

COMPETENCY-BASED LEARNING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Howard A. Stephenson
House Sponsor: 
Kim Coleman
LONG TITLE
General Description:
This bill establishes the Competency-Based Education Grants Program.
Highlighted Provisions:
This bill:
▸ amends existing competency-based education provisions;
▸ enacts Title 53A, Chapter 15, Part 17, Competency-Based Education Grants
Program, including:
• enacts definitions;
• enacts provisions related to the State Board of Education (board) duties;
• enacts provisions related to planning grants;
• enacts provisions related to implementation grants;
• enacts provisions related to expansion grants;
• enacts provisions related to waivers from board rule; and
• enacts provisions related to institutions of higher education and prohibitions on
penalizing students in a competency-based education program .
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-1-409
, as last amended by Laws of Utah 2015, Chapter 415
ENACTS:
53A-15-1701
, Utah Code Annotated 1953
53A-15-1702
, Utah Code Annotated 1953
53A-15-1703
, Utah Code Annotated 1953
53A-15-1704
, Utah Code Annotated 1953
53A-15-1705
, Utah Code Annotated 1953
53A-15-1706
, Utah Code Annotated 1953
53A-15-1707
, Utah Code Annotated 1953
53A-15-1708
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-1-409
 is amended to read:
53A-1-409.
Competency-based education -- Recommendations -- Coordination.
[
(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) "Competency-based education" means an education approach that requires a
student to acquire a competency and includes a classroom structure and operation that aid and
facilitate the acquisition of specified competencies on an individual basis wherein a student is
allowed to master and demonstrate competencies as fast as the student is able.
]
[
(c) "Gain score" means the measured difference of a student's score at the beginning
and end of a time period that may be aggregated at the class, grade, school, and school district
levels.
]
[
(2) The State Board of Education shall:
]
[
(a) provide expertise to and consult with local school boards, school districts, and
charter schools relating to competency-based education and progress-based assessments;
]
[
(b) before the beginning of the 2014 General Session of the Legislature, make
recommendations to the Public Education Appropriations Subcommittee, including the amount
and allocation of public education money, based upon both new public education money and
the reallocation of money required to develop and implement:
]
[
(i) competency-based education and progress-based assessments;
]
[
(ii) (A) a weighted competency unit that distributes public education money based on
student achievement resulting from competency-based program objectives, strategies, and
standards; and
]
[
(B) a course-level funding formula that distributes funds to school districts and charter
schools that establish competency-based education;
]
[
(iii) a plan to assist students, teachers, schools, and districts that need remediation
based upon Subsections (2)(b)(i) and (ii);
]
[
(iv) the reallocation of teaching resources from noncore electives into grades 1-3, 7-12
math, and 7-12 English; and
]
[
(v) a teacher development program focused on achieving progress in basic academic
subjects, including instruction in explicit, systematic, and intensive phonics for teachers in
grades kindergarten through 3;
]
[
(c) assist school districts and charter schools to develop and implement:
]
[
(i) competency-based education; and
]
[
(ii) the use of gain scores; and
]
[
(d) develop and use monetary and nonmonetary incentives, tools, and rewards to
encourage school districts and charter schools to accomplish the items described under this
section.
]
[
(3) A funding formula described in Subsection (2)(b)(ii)(B) shall:
]
[
(a) base the funding for a competency-based course on a proportionate amount of the
weighted pupil unit;
]
[
(b) partially distribute funds based on initial enrollment;
]
[
(c) distribute remaining funds based on a student's successful completion of a course
through demonstrated competency and subject mastery; and
]
[
(d) not be dependent on the amount of time a student is instructed in the course or the
age of the student.
]
(1) As used in this section, "competency-based education" means the same as that term
is defined in Section 
53A-15-1702
.
[
(4)
] 
(2)
 A local school board or a charter school governing board may establish a
competency-based education program.
[
(5)
] 
(3)
 A local school board or charter school governing board that establishes a
competency-based education program shall:
(a) establish assessments to accurately measure competency;
(b) provide the assessments to an enrolled student at no cost to the student;
(c) award credit to a student who demonstrates competency and subject mastery;
(d) submit the competency-based standards to the State Board of Education for review;
and
(e) publish the competency-based standards on its website or by other electronic means
readily accessible to the public.
[
(6)
] 
(4)
 A local school board or charter school governing board may:
(a) on a random lottery-based basis, limit enrollment to courses that have been
designated as competency-based courses;
(b) waive or adapt traditional attendance requirements;
(c) adjust class sizes to maximize the value of course instructors or course mentors;
(d) enroll students from any geographic location within the state; and
(e) provide proctored online competency-based assessments.
Section 2. Section 
53A-15-1701
 is enacted to read:
Part 17. Competency-Based Education Grants Program
 53A-15-1701.
Title.
This part is known as "Competency-Based Education Grants Program."
Section 3. Section 
53A-15-1702
 is enacted to read:
 53A-15-1702.
Definitions.
As used in this part:
(1) "Blended learning" means a formal education program in which a student learns:
(a) at least in part, through online learning with some element of student control over
time, place, path, and pace;
(b) at least in part, in a supervised brick-and-mortar location away from home; and
(c) in a program in which the modalities along each student's learning path within a
course or subject are connected to provide an integrated learning experience.
(2) "Board" means the State Board of Education.
(3) "Competency-Based education" means a system where a student advances to higher
levels of learning when the student demonstrates competency of concepts and skills regardless
of time, place, or pace.
(4) "Extended learning" means learning opportunities outside of a traditional school
structure, including:
(a) online learning available anywhere, anytime;
(b) career-based experiences, including internships and job shadowing;
(c) community-based projects; and
(d) off-site postsecondary learning.
(5) "Grant program" means the Competency-Based Education Grants Program created
in this part.
(6) "Institution of higher education" means an institution listed in Section 
53B-1-102
.
(7) "Local education agency" or "LEA" means:
(a) a school district;
(b) a charter school; or
(c) the Utah Schools for the Deaf and the Blind.
(8) "Review committee" means the committee established under Section 
53A-15-1703
.
(9) "STEM" means science, technology, engineering, and mathematics.
Section 4. Section 
53A-15-1703
 is enacted to read:
 53A-15-1703.
Competency-Based Education Grants Program -- Board duties --
Review committee -- Technical assistance training.
(1) There is created the Competency-Based Education Grants Program consisting of
the grants created in this part to improve educational outcomes in public schools by advancing
student mastery of concepts and skills through the following core principles:
(a) student advancement upon mastery of a concept or skill;
(b) competencies that include explicit, measurable, and transferable learning objectives
that empower a student;
(c) assessment that is meaningful and provides a positive learning experience for a
student;
(d) timely, differentiated support based on a student's individual learning needs; and
(e) learning outcomes that emphasize competencies that include application and
creation of knowledge along with the development of important skills and dispositions.
(2) The grant program shall incentivize an LEA to establish competency-based
education within the LEA through the use of:
(a) personalized learning;
(b) blended learning;
(c) extended learning;
(d) educator professional learning in competency-based education; or
(e) any other method that emphasizes the core principles described in Subsection (1).
(3) The board shall:
(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
adopt rules:
(i) for the administration of the grant program and awarding of grants; and
(ii) to define outcome-based measures appropriate to the type of grant for an LEA that
is awarded a grant under this part to use to measure the performance of the LEA's plan or
program;
(b) establish a grant application process;
(c) in accordance with Subsection (4), establish a review committee to make
recommendations to the board for:
(i) metrics to analyze the quality of a grant application; and
(ii) approval of a grant application; and
(d) with input from the review committee, adopt metrics to analyze the quality of a
grant application.
(4) (a) The review committee shall consist of STEM and blended learning experts,
current and former school administrators, current and former teachers, and at least one former
school district superintendent, in addition to other staff designated by the board.
(b) The review committee shall:
(i) review a grant application submitted by an LEA;
(ii) make recommendations to the LEA to modify the application, if necessary; and
(iii) make recommendations to the board regarding the final disposition of an
application.
(5) (a) The board shall provide technical assistance training to assist an LEA with a
grant application under this part.
(b) An LEA may not apply for a grant under this part unless:
(i) a representative of the LEA attends the technical assistance training before the LEA
submits a grant application; and
(ii) the representative is a superintendent, principal, or a person in a leadership position
within the LEA.
(c) The technical assistance training shall include:
(i) instructions on completing a grant application, including grant application
requirements;
(ii) information on the scoring metrics used to review a grant application; and
(iii) information on competency-based education.
(6) The board may use up to 5% of an appropriation provided to fund this part for
administration of the grant program.
Section 5. Section 
53A-15-1704
 is enacted to read:
 53A-15-1704.
Planning grants -- Requirements.
(1) (a) The board shall, subject to legislative appropriations, award a planning grant to,
subject to Subsection (1)(c), an LEA:
(i) that submits a planning grant application that meets the requirements established by
the board, subject to Subsection (2);
(ii) if an LEA designee has attended the technical assistance training described in
Section 
53A-15-1703
; and
(iii) if the LEA planning grant application has been recommended by the review
committee.
(b) An LEA that receives a grant under Subsection (1)(a) shall expend the grant funds
no later than one calendar year after receiving the funds.
(c) The board may not select more than three LEAs to award planning grants to under
this section.
(2) (a) A planning grant application shall include evidence that the LEA:
(i) can provide a general description of the program the LEA would like to plan;
(ii) is intending to plan for:
(A) schoolwide implementation; or
(B) if the LEA intends to implement initially with a population smaller than
schoolwide, phasing the plan in schoolwide or districtwide over a specified period of time;
(iii) can describe the types of partners that will help with the plan and, eventually,
implement the program;
(iv) planning activities and program will focus on:
(A) implementation of the core principles described in Section 
53A-15-1703
;
(B) use of the methods, as applicable, described in Section 
53A-15-1703
; and
(C) the outcome-based measures adopted by the board under Section 
53A-15-1703
;
(v) has:
(A) the capacity, qualifications, local governing body support, and time to successfully
plan the program; and
(B) an intentional and feasible planning process;
(vi) will align the LEA's budget as necessary with the planning process; and
(vii) will communicate and promote the plan with parents, teachers, and members of
the community.
(b) The board may adopt other requirements in addition to the requirements in
Subsection (2)(a).
Section 6. Section 
53A-15-1705
 is enacted to read:
 53A-15-1705.
Implementation grants -- Requirements.
(1) (a) The board shall, subject to legislative appropriations, award an implementation
grant to, subject to Subsection (1)(c), an LEA:
(i) that submits an implementation grant application that meets the requirements
established by the board, subject to Subsection (2);
(ii) if an LEA designee has attended the technical assistance training described in
Section 
53A-15-1703
; and
(iii) if the LEA implementation grant application has been recommended by the review
committee.
(b) An LEA that receives a grant under Subsection (1)(a) shall expend the grant funds
no later than two calendar years after receiving the funds.
(c) An LEA is not eligible to receive an implementation grant under this section unless
the board has previously awarded the LEA a planning grant under Section 
53A-15-1704
.
(2) (a) An implementation grant application shall include evidence that the LEA:
(i) can logically articulate the proposed program's mission, theory of change, and the
program's intended goals and outcomes;
(ii) (A) program will have schoolwide implementation; or
(B) if the LEA intends to implement initially with a population smaller than
schoolwide, program includes steps to phase the program in schoolwide or districtwide over a
specified period of time;
(iii) has an understanding of similar programs and can use this knowledge to strengthen
the LEA's program implementation;
(iv) program will focus on:
(A) direct alignment with the core principles described in Section 
53A-15-1703
;
(B) use of the methods, as applicable, described in Section 
53A-15-1703
; and
(C) the outcome based measures adopted by the board under Section 
53A-15-1703
;
(v) program will address a need, determined by data, in the LEA or community;
(vi) has a strong evaluation plan that will clearly measure the success of the LEA's
program against the stated goals and objectives;
(vii) has a list of signatures of key stakeholders and partners who are committed to
implementing the program;
(viii) has the capacity, qualifications, local governing body support, and time to
successfully implement this program;
(ix) has an intentional and feasible scope of work to implement the program;
(x) will align the LEA's budget as necessary with the planning process; and
(xi) will communicate and promote the plan with parents, teachers, and members of the
community.
(b) The board may adopt other requirements in addition to the requirements in
Subsection (2)(a).
(3) A program under this section may include:
(a) a waiver, subject to Section 
53A-15-1707
, of required school hours attended or
traditional school calendar scheduling; and
(b) an adjustment of educator compensation to reflect the implementation of a waiver
under Subsection (3)(a).
Section 7. Section 
53A-15-1706
 is enacted to read:
 53A-15-1706.
Expansion grants -- Requirements.
(1) (a) The board shall, subject to legislative appropriations and to expand an existing
LEA program schoolwide or districtwide, award a grant to, subject to Subsection (1)(c), an
LEA:
(i) that submits an expansion grant application that meets the requirements established
by the board, subject to Subsection (2);
(ii) if an LEA designee has attended the technical assistance training described in
Section 
53A-15-1703
; and
(iii) if the LEA expansion grant application has been recommended by the review
committee.
(b) An LEA that receives a grant under Subsection (1)(a) shall expend the grant funds
no later than two calendar years after receiving the funds.
(c) An LEA is not eligible to receive an expansion grant under this section unless the
board has previously awarded the LEA an implementation grant under Section 
53A-15-1705
.
(2) (a) An expansion grant application shall include evidence that the LEA:
(i) has an established program that:
(A) has successfully met previous goals;
(B) has shown outcomes that are in alignment with the core principles described in
Section 
53A-15-1703
 and used methods, as applicable, described in Section 
53A-15-1703
;
(C) is supported by LEA management and leadership;
(D) is suitable for expansion schoolwide or districtwide; and
(E) is the program, with any necessary modifications, that the LEA plans to expand if
awarded the expansion grant;
(ii) can logically articulate the LEA's program mission, theory of change, and the
program's intended goals and outcomes;
(iii) program as proposed for expansion is focused on:
(A) direct alignment with the core principles identified in Section 
53A-15-1703
;
(B) use of the methods, as applicable, described in Section 
53A-15-1703
; and
(C) the outcome based measures adopted by the board under Section 
53A-15-1703
;
(iv) that the program will directly address a need, determined by data, in the LEA or
community;
(v) has clearly articulated core components that ensure, when expanded, the program
will yield positive outcomes;
(vi) has a strong evaluation plan that will clearly measure the success of the LEA's
program against the stated goals and objectives;
(vii) has a list of signatures of key stakeholders and partners who are committed to
expanding the program;
(viii) has the capacity, qualifications, local governing body support, and time to
successfully expand the program;
(ix) has an intentional and feasible scope of work to expand the program;
(x) has a strategic budget that is aligned with the LEA's scope of work; and
(xi) will communicate and promote the plan with parents, teachers, and members of the
community.
(b) The board may adopt other requirements in addition to the requirements in
Subsection (2)(a).
(3) A program under this section may include:
(a) a waiver, subject to Section 
53A-15-1707
, of required school hours attended or
traditional school calendar scheduling; and
(b) an adjustment of educator compensation to reflect the implementation of a waiver
under Subsection (3)(a).
Section 8. Section 
53A-15-1707
 is enacted to read:
 53A-15-1707.
Waiver from board rule -- Board recommended statutory changes.
(1) An LEA may apply to the board in a grant application submitted under this part for
a waiver of a board rule that inhibits or hinders the LEA from accomplishing its goals set out in
its grant application.
(2) The board may grant the waiver, unless:
(a) the waiver would cause the LEA to be in violation of state or federal law; or
(b) the waiver would threaten the health, safety, or welfare of students in the LEA.
(3) If the board denies the waiver, the board shall provide in writing the reason for the
denial to the waiver applicant.
(4) (a) The board shall request from each LEA that receives a grant under this part for
each year the LEA receives funds:
(i) information on a state statute that hinders an LEA from fully implementing the
LEA's program; and
(ii) suggested changes to the statute.
(b) The board shall, in a written report, provide any information received from an LEA
under Subsection (4)(a) and the board's recommendations to the Legislature no later than
November 30 of each year.
Section 9. Section 
53A-15-1708
 is enacted to read:
 53A-15-1708.
Cooperation of institutions of higher education -- Transferring
students not to be penalized.
(1) An institution of higher education:
(a) shall recognize and accept on equal footing as a traditional high school diploma a
high school diploma awarded to a student who successfully completes an educational program
that uses, in whole or in part, competency-based education; and
(b) cooperate with an LEA:
(i) as applicable, to facilitate the advancement of a student who attends a
competency-based education program; and
(ii) as requested, in the development of an LEA plan or program under this part.
(2) If a student attending an LEA that establishes competency-based education within
the LEA transfers to another school within the LEA or to another LEA entirely that does not
have a competency-based education program, the student may not be penalized by being
required to repeat course work that the student has successfully completed, changing the
student's grade, or receive any other penalty related to the student's previous attendance in the
competency-based education program.