Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 191 (2016GS)

Sponsor

Sen. Millner, A.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends definitions;
• clarifies that certain school turnaround actions may only be taken under certain circumstances;
• amends the date by which certain school turnaround actions shall be taken;
• specifies uses for School Turnaround and Leadership Development program funds; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

SCHOOL TURNAROUND AND LEADERSHIP DEVELOPMENT
ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ann Millner
House Sponsor: 
Bradley G. Last
LONG TITLE
General Description:
This bill amends provisions regarding the School Turnaround and Leadership
Development Act.
Highlighted Provisions:
This bill:
▸ amends definitions;
▸ clarifies that certain school turnaround actions may only be taken under certain
circumstances;
▸ amends the date by which certain school turnaround actions shall be taken;
▸ specifies uses for School Turnaround and Leadership Development program funds;
and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-1-1202
, as enacted by Laws of Utah 2015, Chapter 449
53A-1-1203
, as enacted by Laws of Utah 2015, Chapter 449
53A-1-1204
, as enacted by Laws of Utah 2015, Chapter 449
53A-1-1205
, as enacted by Laws of Utah 2015, Chapter 449
53A-1-1206
, as enacted by Laws of Utah 2015, Chapter 449
53A-1-1207
, as enacted by Laws of Utah 2015, Chapter 449
53A-1-1208
, as enacted by Laws of Utah 2015, Chapter 449
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-1-1202
 is amended 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) "Final remedial year" means the second school year following the initial remedial
year.
[
(5)
] 
(6)
 "Initial remedial year" means the 
school
 year [
in which
] a district school or
charter school is designated as a low performing school under Section 
53A-1-1203
.
[
(6)
] 
(7)
 "Low performing school" means a district school or charter school that has
been designated a low performing school by the board because the school is:
(a) in the lowest performing 3% of schools statewide according to the percentage of
possible points earned under the school grading system; and
(b) a low performing school according to other outcome-based measures as may be
defined in rules made by the board in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
[
(7)
] 
(8)
 "School grade" or "grade" means the letter grade assigned to a school under
the school grading system.
[
(8)
] 
(9)
 "School grading system" means the system established under Part 11, School
Grading Act, of assigning letter grades to schools.
[
(9)
] 
(10)
 "Statewide assessment" means a test of student achievement in [
English
language arts, mathematics, or science,
] 
basic academic subjects,
 including a test administered
in a computer adaptive format that is administered statewide under Part 6, Achievement Tests.
Section 2. Section 
53A-1-1203
 is amended to read:
53A-1-1203.
State Board of Education to designate low performing schools.
On or before [
August 15
] 
September 1
, the board shall annually designate a school as a
low performing school if the school is:
(1) in the lowest performing 3% of schools statewide according to the percentage of
possible points earned under the school grading system; and
(2) a low performing school according to other outcome-based measures as may be
defined in rules made by the board in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
Section 3. Section 
53A-1-1204
 is amended to read:
53A-1-1204.
Required action to turn around a low performing district school.
(1) On or before [
October 1
] 
September 15
 of an initial remedial year, a local school
board of a low performing school shall establish a school turnaround committee composed of
the following members:
(a) the local school board member who represents the voting district where the low
performing school is located;
(b) the school principal;
(c) three parents of students enrolled in the low performing school appointed by the
chair of the school community council;
(d) one teacher at the low performing school appointed by the principal; and
(e) one teacher at the low performing school appointed by the school district
superintendent.
(2) (a) Subject to Subsection (2)(b), on or before October [
] 
 of an initial remedial
year, a local school board of a low performing school shall partner with the school turnaround
committee to select an independent school turnaround expert from the experts identified by the
board under Section 
53A-1-1206
.
(b) A local school board may not select an independent school turnaround expert that
is:
(i) the school district; or
(ii) an employee of the school district.
(3) A school turnaround committee shall partner with the independent school
turnaround expert selected under Subsection (2) 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-1-1206
(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.
(4) A local school board of a low performing school shall:
(a) prioritize school district funding and resources to the low performing school; and
(b) grant the low performing school streamlined authority over staff, schedule, policies,
budget, and academic programs to implement the school turnaround plan.
(5) (a) On or before March 1 of an initial remedial year, a school turnaround committee
shall submit the school turnaround plan to the local school board for approval.
(b) Except as provided in Subsection (5)(c), on or before April 1 of an initial remedial
year, a local school board of a low performing school shall submit the school turnaround plan
to the board for approval.
(c) If the local school board does not approve the school turnaround plan submitted
under Subsection (5)(a), the school turnaround committee may appeal the disapproval in
accordance with rules made by the board as described in Subsection 
53A-1-1206
(5).
Section 4. Section 
53A-1-1205
 is amended to read:
53A-1-1205.
Required action to terminate or turn around a low performing
charter school.
(1) On or before [
August 20
] 
September 10
 of an initial remedial year, a charter school
authorizer of a low performing 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 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 low
performing school's charter under Subsection (2) on or before [
September 15
] 
October 1
 of an
initial remedial year.
(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 school shall:
(a) on or before October [
] 
 of an initial remedial year, 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) subject to Subsection (5), on or before [
October 15
] 
November 1
 of an initial
remedial year, in partnership with the school turnaround committee, select an independent
school turnaround expert from the experts identified by the board under Section 
53A-1-1206
.
(5) A charter school governing board may not select a school turnaround expert that:
(a) is a member of the charter school governing board;
(b) is an employee of the charter school; or
(c) has a contract to operate the charter school.
(6) 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-1-1204
(3).
(7) (a) On or before March 1 of an initial remedial year, a school turnaround committee
shall submit the school turnaround plan to the charter school governing board for approval.
(b) Except as provided in Subsection (7)(c), on or before April 1 of an initial remedial
year, a charter school governing board of a low performing school shall submit the school
turnaround plan to the board for approval.
(c) If the charter school governing board does not approve the school turnaround plan
submitted under Subsection (7)(a), the school turnaround committee may appeal the
disapproval in accordance with rules made by the board as described in Subsection
53A-1-1206
(5).
Section 5. Section 
53A-1-1206
 is amended to read:
53A-1-1206.
State Board of Education to identify independent school turnaround
experts -- Review and approval of school turnaround plans -- Appeals process.
(1) On or before August 30, the board shall identify two 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-1-1204
(3);
(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 ongoing implementation support and project management for a school
turnaround plan;
(f) provide high-quality professional development personalized for 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 an independent school turnaround expert selected
by a local school board under Subsection 
53A-1-1204
(2) or by a charter school governing
board under Subsection 
53A-1-1205
(4)(b), the board shall ensure that a contract between the
board and the independent school turnaround expert specifies that the board will:
(i) pay an independent school turnaround expert no more than 50% of the expert's
professional fees at the beginning of the independent school turnaround expert's work for the
low performing school; and
(ii) pay the remainder of the independent school turnaround expert's professional fees
[
upon the independent school turnaround expert successfully helping a low performing school
improve the low performing school's grade within three school years after a school is
designated a low performing school.
] 
upon completion of the independent school turnaround
expert's work for the low performing school if:
(A) the independent school turnaround expert fulfills the terms of the contract; and
(B) the low performing school's grade improves by at least one letter grade, as
determined by the board under Subsection (3)(b).
(b) The board shall determine whether a low performing school's grade has improved
under Subsection (3)(a)(ii) by comparing the school's letter grade for the school year prior to
the initial remedial year to the school's letter grade:
(i) for the final remedial year; or
(ii) for the last school year of the extension period if, as described in Section
53A-1-1207
:
(A) a school is granted an extension; and
(B) the board extends the contract of the school's independent school turnaround
expert.
[
(b)
] 
(c)
 In negotiating a contract with an independent 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 the percentage of possible points earned under the school
grading system.
(4) The board shall:
(a) review a school turnaround plan submitted for approval under Subsection
53A-1-1204
(5)(b) or under Subsection 
53A-1-1205
(7)(b) within 30 days of submission;
(b) approve a school turnaround plan that:
(i) is timely;
(ii) is well-developed; and
(iii) meets the criteria described in Subsection 
53A-1-1204
(3); and
(c) subject to legislative appropriations, provide funding to a low performing school 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.
(5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the board shall make rules to establish an appeals process for:
(i) a low performing district school that is not granted approval from the district
school's local school board under Subsection 
53A-1-1204
(5)(b);
(ii) a low performing charter school that is not granted approval from the charter
school's charter school governing board under Subsection 
53A-1-1205
(7)(b); and
(iii) a local school board or charter school governing board that is not granted approval
from the board under Subsection (4)(b).
(b) The board shall ensure that rules made under Subsection (5)(a) require an appeals
process described in:
(i) Subsections (5)(a)(i) and (ii) to be resolved on or before April 1 of the initial
remedial year; and
(ii) Subsection (5)(a)(iii) to be resolved on or before May 15 of the initial remedial
year.
(6) [
The
] 
(a) Subject to Subsection (6)(b), the
 board shall balance the need to prioritize
funding appropriated by the Legislature 
to carry out the provisions of this part
 to contract with
highly qualified independent school turnaround experts with the need to [
set aside funding for
]
fund
:
[
(a)
] 
(i)
 interventions to facilitate the implementation of a school turnaround plan under
Subsection (4)(c); [
and
]
[
(b)
] 
(ii)
 the School Recognition and Reward Program created under Section
53A-1-1208
[
.
]
; and
(iii) the School Leadership Development Program created under Section 
53A-1-1209
.
(b) The board may use up to 4% of the funds appropriated by the Legislature to carry
out the provisions of this part for administration if the amount for administration is approved
by the board in an open meeting.
Section 6. Section 
53A-1-1207
 is amended to read:
53A-1-1207.
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) meets or exceeds standards for student achievement established by the charter
school's charter school authorizer; 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
] 
may petition the board for an
extension to continue school improvement efforts for up to two years if
 the low performing
school's grade 
does not improve
 by at least one letter grade [
within three school years after the
day on which 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
]
, as determined by
comparing the school's letter grade for the school year prior to the initial remedial year to the
school's letter grade for the final remedial year
.
(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:
(i) 25% for a school that is not a high school; and
(ii) 10% for a high school.
(c) The board shall determine whether a low performing school has increased the
number of points awarded under the school grading system by the percentages described in
Subsection (2)(b) by comparing the number of points awarded for the school year prior to the
initial remedial year to the number of points awarded for the final remedial year.
[
(c)
] 
(d)
 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)
] 
(e)
 A school that has been granted an extension under this Subsection (2) is
eligible for:
(i) continued funding under Subsection 
53A-1-1206
(4)(c); and
(ii) the School Recognition and Reward Program under Section 
53A-1-1208
.
(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 three school years after the day on
which the school is designated a low performing school
] 
by at least one letter grade, as
determined by comparing the school's letter grade for the school year prior to the initial
remedial year to the school's letter grade for the final remedial year
; 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 day on which
the low performing school is granted an extension.
] 
by at least one letter grade, as determined
by comparing the school's letter grade for the school year prior to the initial remedial year to
the school's letter grade for the last school year of the extension period.
(4) The board shall ensure that the rules established under Subsection (3) include a
mechanism for:
(a) restructuring a district school that may include:
(i) contract management;
(ii) conversion to a charter school; or
(iii) state takeover; and
(b) restructuring a charter school that may include:
(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) a high performing charter school; or
(B) the school district in which the charter school is located.
Section 7. Section 
53A-1-1208
 is amended to read:
53A-1-1208.
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 by at least one [
grade level within three school years
after the day on which the school is designated a low performing school
] 
letter grade, as
determined by comparing the school's letter grade for the school year prior to the initial
remedial year to the school's letter grade for the final remedial year
; or
(b) (i) has been granted an extension under Subsection 
53A-1-1207
(2); and
(ii) improves the school's grade by at least one [
grade level within
] 
letter grade, as
determined by comparing the school's letter grade for the school year prior to the initial
remedial year to the school's letter grade for the last school year of
 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 
letter
 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
]
letter grades
:
(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
]
letter grades
:
(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
]
letter grades
:
(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), in
consultation with the educators at the eligible school, may determine how to use the money in
the best interest of the school, including providing bonuses to educators.
(5) If the number of qualifying eligible schools exceeds available funds, the board may
reduce the amounts specified in Subsection (3).