Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 126 (2017GS)

Sponsor

Rep. Winder, M.

Final action

Governor Signed 3/28/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• replaces references to:
• "student education/occupation plan" or "SEOP" to "plan for college and career readiness"; and
• "student education plan" or "SEP" with "individual learning plan."

Every vote on this bill

Bill text

STUDENT PLAN FOR COLLEGE AND CAREER READINESS
REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mike Winder
Senate Sponsor: 
Luz Escamilla
LONG TITLE
General Description:
This bill amends references to student education plans and college and career readiness
plans.
Highlighted Provisions:
This bill:
▸ replaces references to:
• "student education/occupation plan" or "SEOP" to "plan for college and career
readiness"; and
• "student education plan" or "SEP" with "individual learning plan."
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-1a-106
, as last amended by Laws of Utah 2012, Chapter 315
53A-3-602.5
, as last amended by Laws of Utah 2015, Chapter 415
53A-15-1204
, as last amended by Laws of Utah 2012, Chapter 238
53A-15-1208
, as last amended by Laws of Utah 2012, Chapter 238
53A-15-1209
, as last amended by Laws of Utah 2012, Chapter 238
53A-15-1702
, as enacted by Laws of Utah 2016, Chapter 200
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-1a-106
 is amended to read:
53A-1a-106.
School district and individual school powers -- Plan for college and
career readiness definition.
(1) In order to acquire and develop the characteristics listed in Section 
53A-1a-104
,
each school district and each public school within its respective district shall implement a
comprehensive system of accountability in which students advance through public schools by
demonstrating competency in required skills and mastery of required knowledge through the
use of diverse assessment instruments such as authentic and criterion referenced tests, projects,
and portfolios.
(2) (a) Each school district and public school shall:
(i) develop and implement programs integrating technology into the curriculum,
instruction, and student assessment;
(ii) provide for teacher and parent involvement in policymaking at the school site;
(iii) implement a public school choice program to give parents, students, and teachers
greater flexibility in designing and choosing among programs with different focuses through
schools within the same district and other districts, subject to space availability, demographics,
and legal and performance criteria;
(iv) establish strategic planning at both the district and school level and site-based
decision making programs at the school level;
(v) provide opportunities for each student to acquire and develop academic and
occupational knowledge, skills, and abilities;
(vi) participate in ongoing research and development projects primarily at the school
level aimed at improving the quality of education within the system; and
(vii) involve business and industry in the education process through the establishment
of partnerships with the business community at the district and school level.
(b) (i) As used in this title, [
"student education/occupation plan" or "SEOP"
] 
"plan for
college and career readiness"
 means a plan developed by a student and the student's parent or
guardian, in consultation with school counselors, teachers, and administrators that:
(A) is initiated at the beginning of grade 7;
(B) identifies a student's skills and objectives;
(C) maps out a strategy to guide a student's course selection; and
(D) links a student to post-secondary options, including higher education and careers.
(ii) Each local school board, in consultation with school personnel, parents, and school
community councils or similar entities shall establish policies to provide for the effective
implementation of [
a personalized student education plan (SEP) or student
education/occupation plan (SEOP)
] 
an individual learning plan or a plan for college and career
readiness
 for each student at the school site.
(iii) The policies shall include guidelines and expectations for:
(A) recognizing the student's accomplishments, strengths, and progress towards
meeting student achievement standards as defined in U-PASS;
(B) planning, monitoring, and managing education and career development; and
(C) involving students, parents, and school personnel in preparing and implementing
[
SEPs and SEOPs
] 
an individual learning plan and a plan for college and career readiness
.
(iv) A parent may request [
conferences
] 
a conference
 with school personnel in addition
to [
SEP or SEOP conferences
] 
an individual learning plan or a plan for college and career
readiness conference
 established by local school board policy.
(v) Time spent during the school day to implement [
SEPs and SEOPs
] 
an individual
learning plan or a plan for college and career readiness
 is considered part of the school term
referred to in Subsection 
53A-17a-103
(4).
(3) A school district or public school may submit proposals to modify or waive rules or
policies of a supervisory authority within the public education system in order to acquire or
develop the characteristics listed in Section 
53A-1a-104
.
(4) (a) Each school district and public school shall make an annual report to its patrons
on its activities under this section.
(b) The reporting process shall involve participation from teachers, parents, and the
community at large in determining how well the district or school is performing.
Section 2. Section 
53A-3-602.5
 is amended to read:
53A-3-602.5.
School performance report -- Components -- Annual filing.
(1) For a school year beginning with or after the 2010-11 school year, the State Board
of Education in collaboration with the state's school districts and charter schools shall develop
a school performance report to inform the state's residents of the quality of schools and the
educational achievement of students in the state's public education system.
(2) The report described in Subsection (1) shall be written and include the following
statistical data for each school in a school district and each charter school, as applicable, except
as provided by Subsection (2)(g), and shall also aggregate the data at the school district and
state level:
(a) test scores over the previous year on:
(i) criterion-referenced or online computer adaptive tests to include the scores
aggregated for all students:
(A) by grade level or course for the previous two years and an indication of whether
there was a sufficient magnitude of gain in the scores between the two years; and
(B) by class;
(ii) online writing assessments required under Section 
53A-1-603
; and
(iii) college readiness assessments required under Section 
53A-1-603
;
(b) college entrance examinations data, including the number and percentage of each
graduating class taking the examinations for the previous four years;
(c) advanced placement and concurrent enrollment data, including:
(i) the number of students taking advanced placement and concurrent enrollment
courses;
(ii) the number and percent of students taking a specific advanced placement course
who take advanced placement tests to receive college credit for the course;
(iii) of those students taking the test referred to in Subsection (2)(c)(ii), the number and
percent who pass the test; and
(iv) of those students taking a concurrent enrollment course, the number and percent of
those who receive college credit for the course;
(d) the number and percent of students in grade 3 reading at or above grade level;
(e) the number and percent of students who were absent from school 10 days or more
during the school year;
(f) achievement gaps that reflect the differences in achievement of various student
groups as defined by State Board of Education rule;
(g) the number and percent of "student dropouts" within the school district as defined
by State Board of Education rule;
(h) course-taking patterns and trends in secondary schools;
(i) student mobility;
(j) staff qualifications, to include years of professional service and the number and
percent of staff who have a degree or endorsement in their assigned teaching area and the
number and percent of staff who have a graduate degree;
(k) the number and percent of parents who participate in [
SEP, SEOP,
] 
an individual
learning plan, a plan for college and career readiness,
 and parent-teacher conferences;
(l) average class size calculated in accordance with State Board of Education rule
adopted under Subsection (4);
(m) average daily attendance as defined by State Board of Education rule, including
every period in secondary schools; and
(n) enrollment totals disaggregated with respect to race, ethnicity, gender, limited
English proficiency, and those students who qualify for free or reduced price school lunch.
(3) For a school year beginning with or after the 2010-11 school year, the State Board
of Education, in collaboration with the state's school districts and charter schools, shall provide
for the collection and electronic reporting of the following data for a school in each school
district and each charter school:
(a) test scores and trends over the previous four years on the tests referred to in
Subsection (2)(a);
(b) the average grade given in each math, science, and English course in grades 9
through 12 for which criterion-referenced or online computer adaptive tests are required under
Section 
53A-1-603
;
(c) incidents of student discipline as defined by State Board of Education rule,
including suspensions, expulsions, and court referrals; and
(d) the number and percent of students receiving fee waivers and the total dollar
amount of fees waived.
(4) (a) The State Board of Education shall adopt common definitions and data
collection procedures for local school boards and charter schools to use in collecting and
forwarding the data required under Subsections (2) and (3) to the state superintendent of public
instruction.
(b) (i) In accordance with Subsections (4)(b)(ii) through (4)(b)(iv), the State Board of
Education shall adopt rules specifying how average class size shall be calculated.
(ii) (A) Except as provided by Subsections (4)(b)(ii)(B) through (4)(b)(ii)(D) or for
nontraditional classes identified by rule, average class size at the elementary school level shall:
(I) be calculated by grade level; and
(II) indicate the average number of students who are assigned to a teacher for
instruction together during a designated time period.
(B) If students at the elementary school level receive instruction in basic academic
classes from different teachers, average class size may be calculated as provided by Subsection
(4)(b)(iii) for secondary school students.
(C) An elementary school class that includes students from multiple grade levels shall
be counted as a single class.
(D) An extended day class in which a portion of the class arrives early and the other
portion stays late shall be counted as a single class.
(iii) (A) Except as provided by Subsection (4)(b)(iii)(B) or for nontraditional classes
identified by rule, average class size at the secondary school level shall:
(I) be calculated for core language arts, mathematics, and science courses; and
(II) indicate the average number of students who are assigned to a teacher for
instruction together during a designated time period.
(B) A secondary school class in which a teacher provides instruction in multiple
courses shall be counted as a single class.
(iv) Special education classes and online classes shall be excluded when determining
average class size by grade at the elementary school level or the average class size of core
language arts, mathematics, and science courses at the secondary level.
(c) The State Board of Education, through the state superintendent of public
instruction, shall adopt standard reporting forms and provide a common template for collecting
and reporting the data, which shall be used by all school districts and charter schools.
(d) The state superintendent shall use the automated decision support system referred
to in Section 
53A-1-301
 to collect and report the data required under Subsections (2) and (3).
(5) (a) For a school year beginning with or after the 2010-11 school year, the State
Board of Education, through the state superintendent of public instruction, shall issue its report
annually by October 1 to include the required data from the previous school year or years as
indicated in Subsections (2) and (3).
(b) The State Board of Education shall publish on the State Board of Education's
website U-PASS school reports for the 2009-10 school year that indicate the academic
proficiency and progress of a school's students and whether the school meets state standards of
performance.
(6) (a) Each local school board and each charter school shall receive a written or an
electronic copy of the report from the state superintendent of public instruction containing the
data for that school district or charter school in a clear summary format and have it distributed,
on a one per household basis, to the residence of students enrolled in the school district or
charter school before November 30th of each year.
(b) Each local school board, each charter school, and the State Board of Education
shall have a complete report of the statewide data available for copying or in an electronic
format at their respective offices.
Section 3. Section 
53A-15-1204
 is amended to read:
53A-15-1204.
Option to enroll in online courses offered through the Statewide
Online Education Program.
(1) Subject to the course limitations provided in Subsection (2), an eligible student may
enroll in an online course offered through the Statewide Online Education Program if:
(a) the student meets the course prerequisites;
(b) the course is open for enrollment;
(c) the online course is aligned with the student's [
student education/occupation plan
(SEOP)
] 
plan for college and career readiness
;
(d) the online course is consistent with the student's individual education plan (IEP), if
the student has an IEP; and
(e) the online course is consistent with the student's international baccalaureate
program, if the student is participating in an international baccalaureate program.
(2) An eligible student may enroll in online courses for no more than the following
number of credits:
(a) in the 2011-12 and 2012-13 school years, two credits;
(b) in the 2013-14 school year, three credits;
(c) in the 2014-15 school year, four credits;
(d) in the 2015-16 school year, five credits; and
(e) beginning with the 2016-17 school year, six credits.
(3) Notwithstanding Subsection (2):
(a) a student's primary LEA of enrollment may allow an eligible student to enroll in
online courses for more than the number of credits specified in Subsection (2); or
(b) upon the request of an eligible student, the State Board of Education may allow the
student to enroll in online courses for more than the number of credits specified in Subsection
(2), if the online courses better meet the academic goals of the student.
(4) An eligible student's primary LEA of enrollment:
(a) in conjunction with the student and the student's parent or legal guardian, is
responsible for preparing and implementing a [
student education/occupation plan (SEOP)
] 
plan
for college and career readiness
 for the eligible student, as provided in Section 
53A-1a-106
;
and
(b) shall assist an eligible student in scheduling courses in accordance with the
student's [
SEOP
] 
plan for college and career readiness
, graduation requirements, and the
student's post-secondary plans.
(5) An eligible student's primary LEA of enrollment may not:
(a) impose restrictions on a student's selection of an online course that fulfills
graduation requirements and is consistent with the student's [
SEOP
] 
plan for college and career
readiness
 or post-secondary plans; or
(b) give preference to an online course or online course provider.
(6) The State Board of Education, including an employee of the State Board of
Education, may not give preference to an online course or online course provider.
(7) (a) Except as provided in Subsection (7)(b), a person may not provide an
inducement or incentive to a public school student to participate in the Statewide Online
Education Program.
(b) For purposes of Subsection (7)(a):
(i) "Inducement or incentive" does not mean:
(A) instructional materials or software necessary to take an online course; or
(B) access to a computer or digital learning device for the purpose of taking an online
course.
(ii) "Person" does not include a relative of the public school student.
Section 4. Section 
53A-15-1208
 is amended to read:
53A-15-1208.
Course credit acknowledgment.
(1) A student's primary LEA of enrollment and the student's online course provider
shall enter into a course credit acknowledgment in which the primary LEA of enrollment and
the online course provider acknowledge that the online course provider is responsible for the
instruction of the student in a specified online course.
(2) The terms of the course credit acknowledgment shall provide that:
(a) the online course provider shall receive a payment in the amount provided under
Section 
53A-15-1206
; and
(b) the student's primary LEA of enrollment acknowledges that the State Board of
Education will deduct funds allocated to the LEA under Chapter 17a, Minimum School
Program Act, in the amount and at the time the online course provider qualifies to receive
payment for the online course as provided in Subsection 
53A-15-1206
(4).
(3) (a) A course credit acknowledgment may originate with either an online course
provider or primary LEA of enrollment.
(b) The originating entity shall submit the course credit acknowledgment to the State
Board of Education who shall forward it to the primary LEA of enrollment for course selection
verification or the online course provider for acceptance.
(c) (i) A primary LEA of enrollment may only reject a course credit acknowledgment
if:
(A) the online course is not aligned with the student's [
SEOP
] 
plan for college and
career readiness
;
(B) the online course is not consistent with the student's IEP, if the student has an IEP;
(C) the online course is not consistent with the student's international baccalaureate
program, if the student participates in an international baccalaureate program; or
(D) the number of online course credits exceeds the maximum allowed for the year as
provided in Section 
53A-15-1204
.
(ii) Verification of alignment of an online course with a student's [
SEOP
] 
plan for
college and career readiness
 does not require a meeting with the student.
(d) An online course provider may only reject a course credit acknowledgment if:
(i) the student does not meet course prerequisites; or
(ii) the course is not open for enrollment.
(e) A primary LEA of enrollment or online course provider shall submit an acceptance
or rejection of a course credit acknowledgment to the State Board of Education within 72
business hours of the receipt of a course credit acknowledgment from the State Board of
Education pursuant to Subsection (3)(b).
(f) If an online course provider accepts a course credit acknowledgment, the online
course provider shall forward to the primary LEA of enrollment the online course start date as
established under Section 
53A-15-1206.5
.
(g) If an online course provider rejects a course credit acknowledgment, the online
course provider shall include an explanation which the State Board of Education shall forward
to the primary LEA of enrollment for the purpose of assisting a student with future online
course selection.
(h) If a primary LEA of enrollment does not submit an acceptance or rejection of a
course credit acknowledgment to the State Board of Education within 72 business hours of the
receipt of a course credit acknowledgment from the State Board of Education pursuant to
Subsection (3)(b), the State Board of Education shall consider the course credit
acknowledgment accepted.
(i) (i) Upon acceptance of a course credit acknowledgment, the primary LEA of
enrollment shall notify the student of the acceptance and the start date for the online course as
established under Section 
53A-15-1206.5
.
(ii) Upon rejection of a course credit acknowledgment, the primary LEA of enrollment
shall notify the student of the rejection and provide an explanation of the rejection.
(j) If the online course student has an individual education plan (IEP) or 504
accommodations, the primary LEA of enrollment shall forward the IEP or description of 504
accommodations to the online course provider within 72 business hours after the primary LEA
of enrollment receives notice that the online course provider accepted the course credit
acknowledgment.
(4) (a) A primary LEA of enrollment may not reject a course credit acknowledgment,
because the LEA is negotiating, or intends to negotiate, an online course fee with the online
course provider pursuant to Subsection 
53A-15-1206
(6).
(b) If a primary LEA of enrollment negotiates an online course fee with an online
course provider before the start date of an online course, a course credit acknowledgment may
be amended to reflect the negotiated online course fee.
Section 5. Section 
53A-15-1209
 is amended to read:
53A-15-1209.
Online course credit hours included in daily membership --
Limitation.
(1) Subject to Subsection (2), a student's primary LEA of enrollment shall include
online course credit hours in calculating daily membership.
(2) A student may not count as more than one FTE, unless the student intends to
complete high school graduation requirements, and exit high school, early, in accordance with
the student's [
education/occupation plan (SEOP)
] 
plan for college and career readiness
.
(3) A student who enrolls in an online course may not be counted in membership for a
released-time class, if counting the student in membership for a released-time class would
result in the student being counted as more than one FTE.
(4) Except as provided in Subsection (5), a student enrolled in an online course may
earn no more credits in a year than the number of credits a student may earn in a year by taking
a full course load during the regular school day in the student's primary LEA of enrollment.
(5) A student enrolled in an online course may earn more credits in a year than the
number of credits a student may earn in a year by taking a full course load during the regular
school day in the student's primary LEA of enrollment:
(a) if the student intends to complete high school graduation requirements, and exit
high school, early, in accordance with the student's [
education/occupation plan (SEOP)
] 
plan
for college and career readiness
; or
(b) if allowed under local school board or charter school governing board policy.
Section 6. Section 
53A-15-1702
 is amended to read:
53A-15-1702.
Definitions.
(1) "Concurrent enrollment" means enrollment in a course offered through the
concurrent enrollment program described in Section 
53A-15-1703
.
(2) "Educator" means the same as that term is defined in Section 
53A-6-103
. 
(3) "Eligible instructor" means an instructor who is:
(a) employed as faculty by an institution of higher education; or
(b) (i) employed by an LEA;
(ii) licensed by the State Board of Education under Title 53A, Chapter 6, Educator
Licensing and Professional Practices Act;
(iii) (A) approved as adjunct faculty by an institution of higher education; or
(B) a mathematics educator who has an upper level mathematics endorsement; and
(iv) supervised by an institution of higher education.
(4) "Eligible student" means a student who:
(a) is enrolled in, and counted in average daily membership in, a high school within the
state;
(b) has a [
student education occupation plan
] 
plan for college and career readiness
, as
described in Section 
53A-1a-106
, on file at a high school within the state; and
(c) (i) is a grade 11 or grade 12 student; or
(ii) is a grade 9 or grade 10 student who qualifies by exception as described in Section
53A-15-1703
.
(5) "Endorsement" means a stipulation, authorized by the State Board of Education and
appended to a license, that specifies an area of practice to which the license applies. 
(6) "Institution of higher education" means the same as that term is defined in Section
53B-3-102
.
(7) "License" means the same as that term is defined in Section 
53A-6-103
. 
(8) "Local education agency" or "LEA" means a school district or charter school.
(9) "Participating eligible student" means an eligible student enrolled in a concurrent
enrollment course.
(10) "Upper level mathematics endorsement" means an endorsement required by the
State Board of Education for an educator to teach calculus.
(11) "Value of the weighted pupil unit" means the same as that term is defined in
Section 
53A-1a-703
.