Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 241 First Substitute (2017GS)

Sponsor

Rep. Poulson, M.

Final action

House/ filed 3/9/2017

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• requires the State Board of Education to establish a school accountability system;
• enacts provisions related to the school accountability system, including provisions related to:
• the indicators used to determine a school's rating under the school accountability system;
• board duties and rulemaking under the school accountability system; and
• required reports;
• modifies provisions in the School Turnaround and Leadership Development Act; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

SCHOOL ACCOUNTABILITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Marie H. Poulson
Senate Sponsor: 
 Lincoln Fillmore
LONG TITLE
General Description:
This bill modifies provisions related to school accountability in the public education
system.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires the State Board of Education to establish a school accountability system;
▸ enacts provisions related to the school accountability system, including provisions
related to:
• the indicators used to determine a school's rating under the school accountability
system;
• board duties and rulemaking under the school accountability system; and
• required reports;
▸ modifies provisions in the School Turnaround and Leadership Development Act;
and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53A-1-413
, as last amended by Laws of Utah 2016, Chapter 144
53A-1-1202
, as last amended by Laws of Utah 2016, Chapter 241
53A-1-1203
, as last amended by Laws of Utah 2016, Chapter 241
53A-1-1206
, as last amended by Laws of Utah 2016, Chapter 241
53A-1-1207
, as last amended by Laws of Utah 2016, Chapter 241
53A-1-1208
, as last amended by Laws of Utah 2016, Chapter 241
53A-1-1209
, as last amended by Laws of Utah 2016, Chapter 331
53A-1a-510
, as last amended by Laws of Utah 2015, Chapter 449
53A-15-1403
, as last amended by Laws of Utah 2015, Chapter 444
63A-3-402
, as last amended by Laws of Utah 2015, Chapters 215, 226, and 283
REPEALS AND REENACTS:
53A-1-1101
, as enacted by Laws of Utah 2011, Chapter 417
53A-1-1102
, as last amended by Laws of Utah 2015, Chapter 452
53A-1-1103
, as last amended by Laws of Utah 2015, Chapter 415
53A-1-1104
, as last amended by Laws of Utah 2015, Chapters 258 and 452
53A-1-1105
, as last amended by Laws of Utah 2013, Chapter 478 and last amended by
Coordination Clause, Laws of Utah 2013, Chapter 478
53A-1-1106
, as last amended by Laws of Utah 2013, Chapter 478
53A-1-1107
, as last amended by Laws of Utah 2014, Chapter 403
REPEALS:
53A-1-1108
, as last amended by Laws of Utah 2014, Chapter 403
53A-1-1109
, as enacted by Laws of Utah 2011, Chapter 417
53A-1-1110
, as last amended by Laws of Utah 2016, Chapter 349
53A-1-1111
, as enacted by Laws of Utah 2011, Chapter 417
53A-1-1112
, as last amended by Laws of Utah 2013, Chapter 478
53A-1-1113
, as enacted by Laws of Utah 2011, Chapter 417
53A-3-601
, as last amended by Laws of Utah 2000, Chapter 219
53A-3-602.5
, as last amended by Laws of Utah 2015, Chapter 415
53A-3-603
, as last amended by Laws of Utah 2016, Chapter 144
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-1-413
 is amended to read:
53A-1-413.
Student Achievement Backpack -- Utah Student Record Store.
(1) As used in this section:
(a) "Authorized LEA user" means a teacher or other person who is:
(i) employed by an LEA that provides instruction to a student; and
(ii) authorized to access data in a Student Achievement Backpack through the Utah
Student Record Store.
(b) "LEA" means a school district, charter school, or the Utah Schools for the Deaf and
the Blind.
(c) "Student Achievement Backpack" means, for a student from kindergarten through
grade 12, a complete learner profile that:
(i) is in electronic format;
(ii) follows the student from grade to grade and school to school; and
(iii) is accessible by the student's parent or guardian or an authorized LEA user.
(d) "U-PASS" means the Utah Performance Assessment System for Students
established in Part 6, Achievement Tests.
(e) "Utah Student Record Store" means a repository of student data collected from
LEAs as part of the state's longitudinal data system that is:
(i) managed by the State Board of Education;
(ii) cloud-based; and
(iii) accessible via a web browser to authorized LEA users.
(2) (a) The State Board of Education shall use the State Board of Education's robust,
comprehensive data collection system, which collects longitudinal student transcript data from
LEAs and the unique student identifiers as described in Section 
53A-1-603.5
, to allow the
following to access a student's Student Achievement Backpack:
(i) the student's parent or guardian; and
(ii) each LEA that provides instruction to the student.
(b) The State Board of Education shall ensure that a Student Achievement Backpack:
(i) provides a uniform, transparent reporting mechanism for individual student
progress;
(ii) provides a complete learner history for postsecondary planning;
(iii) provides a teacher with visibility into a student's complete learner profile to better
inform instruction and personalize education;
(iv) assists a teacher or administrator in diagnosing a student's learning needs through
the use of data already collected by the State Board of Education;
(v) facilitates a student's parent or guardian taking an active role in the student's
education by simplifying access to the student's complete learner profile; and
(vi) serves as additional disaster mitigation for LEAs by using a cloud-based data
storage and collection system.
(3) Using existing information collected and stored in the State Board of Education's
data warehouse, the State Board of Education shall create the Utah Student Record Store where
an authorized LEA user may:
(a) access data in a Student Achievement Backpack relevant to the user's LEA or
school; or
(b) request student records to be transferred from one LEA to another.
(4) The State Board of Education shall implement security measures to ensure that:
(a) student data stored or transmitted to or from the Utah Student Record Store is
secure and confidential pursuant to the requirements of the Family Educational Rights and
Privacy Act, 20 U.S.C. Sec. 1232g; and
(b) an authorized LEA user may only access student data that is relevant to the user's
LEA or school.
(5) A student's parent or guardian may request the student's Student Achievement
Backpack from the LEA or the school in which the student is enrolled.
(6) [
No later than June 30, 2014, an
] 
An
 authorized LEA user shall be able to access
student data in a Student Achievement Backpack, which shall include the following data, or
request the data be transferred from one LEA to another:
(a) student demographics;
(b) course grades;
(c) course history; and
(d) results [
for
] 
of
 an assessment administered under U-PASS.
(7) [
No later than June 30, 2015, an
] 
An
 authorized LEA user shall be able to access
student data in a Student Achievement Backpack, which shall include the data listed in
Subsections (6)(a) through (d) and the following data, or request the data be transferred from
one LEA to another:
(a) section attendance;
(b) the name of a student's teacher for classes or courses the student takes;
(c) teacher qualifications for a student's teacher, including years of experience, degree,
license, and endorsement;
(d) results of formative, interim, and summative computer adaptive assessments
administered pursuant to Section 
53A-1-603
;
(e) detailed data demonstrating a student's mastery of the core standards for Utah
public schools and objectives as measured by computer adaptive assessments administered
pursuant to Section 
53A-1-603
;
(f) a student's writing sample written for an online writing assessment administered
pursuant to Section 
53A-1-603
;
(g) student growth scores for U-PASS tests;
(h) a school's [
grade
] 
rating
 assigned pursuant to Part 11, School [
Grading Act
]
Accountability System
;
(i) results of benchmark assessments of reading administered pursuant to Section
53A-1-606.6
; and
(j) a student's reading level at the end of grade 3.
(8) No later than June 30, 2017, the State Board of Education shall ensure that data
collected in the Utah Student Record Store for a Student Achievement Backpack shall be
integrated into each LEA's student information system and shall be made available to a
student's parent or guardian and an authorized LEA user in an easily accessible viewing format.
Section 2. Section 
53A-1-1101
 is repealed and reenacted to read:
Part 11. School Accountability System
 53A-1-1101.
Title.
This part is known as "School Accountability System."
Section 3. Section 
53A-1-1102
 is repealed and reenacted to read:
 53A-1-1102.
Definitions.
As used in this part:
(1) "Board" means the State Board of Education.
(2) "Statewide assessment" means a statewide assessment as determined by the board.
Section 4. Section 
53A-1-1103
 is repealed and reenacted to read:
 53A-1-1103.
Board to establish school accountability system.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules to establish a school accountability system in accordance with this part.
Section 5. Section 
53A-1-1104
 is repealed and reenacted to read:
 53A-1-1104.
Indicators -- Rating schools.
(1) The board shall ensure that the school accountability system established under this
part includes an indicator for each of the following:
(a) academic achievement as measured by performance on a statewide assessment of
English language arts, mathematics, and science;
(b) except as provided in Subsection (3)(a), academic growth as measured by progress
on a statewide assessment of English language arts, mathematics, and science;
(c) college and career readiness of students as measured by at least the following, as
applicable to a grade level:
(i) performance on a college readiness assessment described in Section 
53A-1-611
;
(ii) high school graduation;
(iii) performance in advanced courses and secondary core courses, as determined by the
board; and
(iv) grade 1 through 3 literacy; and
(d) equitable educational opportunity as measured by:
(i) student access to resources and conditions that influence student learning outcomes;
(ii) student, parent, or community engagement in schooling; or
(iii) the success of students who are at risk of academic failure.
(2) The board may include other indicators in addition to the indicators described in
Subsection (1).
(3) (a) Subject to Subsection (3)(b), the board may exclude the academic growth
indicator described in Subsection (1)(b) for a school year in which the board determines it is
necessary to establish a new baseline to calculate growth due to:
(i) a transition to a new assessment; or
(ii) a qualifying event, as determined by the board.
(b) The board may only exclude an academic growth indicator for a school for which
an academic growth indicator is unavailable due to a transition to a new assessment or
qualifying event described in Subsection (3)(a).
(4) (a) Using the accountability system established under this part, except as provided
in Subsection (4)(b), the board shall annually assign:
(i) an overall rating, as determined by the board, to each school; and
(ii) a rating, as determined by the board, for each of the indicators described in
Subsections (1) and (2).
(b) For a school for which an academic growth indicator has been excluded in
accordance with Subsection (3), the board is not required to assign:
(i) an overall rating described in Subsection (4)(a)(i); or
(ii) a rating for an academic growth indicator in accordance with Subsection (4)(a)(ii).
Section 6. Section 
53A-1-1105
 is repealed and reenacted to read:
 53A-1-1105.
Methodology for determining a school's rating -- Metrics and weights
-- Formula for calculating growth.
(1) The board shall use an evidence-based methodology for determining a school's
ratings described in Section 
53A-1-1104
 by establishing:
(a) the metrics that are used to assess performance on an indicator described in Section
53A-1-1104
; and
(b) the relative weight assigned to:
(i) an indicator described in Section 
53A-1-1104
; and
(ii) a metric within an indicator that has more than one metric described in Subsection
(1)(a).
(2) In establishing a metric to assess performance on the academic growth indicator
described in Subsection 
53A-1-1104
(1)(b), the board shall establish a formula for a growth
target for a student's performance on a statewide assessment that enables an individual to
know, at the beginning of a school year, the growth a student would need to achieve to reach
the student's growth target by the end of the school year.
Section 7. Section 
53A-1-1106
 is repealed and reenacted to read:
 53A-1-1106.
Schools included in the school accountability system.
(1) The board shall include all public schools in the state in the school accountability
system established under this part.
(2) The board may use different metrics and weights, described in Section 
53A-1-1105
,
to appropriately assess the educational impact of:
(a) a school that serves a special student population;
(b) a newly opened school; or
(c) a small school in which the total number of students tested is fewer than the
minimum number of students necessary for statistical reporting purposes.
Section 8. Section 
53A-1-1107
 is repealed and reenacted to read:
 53A-1-1107.
Reporting.
(1) The board shall annually publish on the board's website a report card for each
school that includes:
(a) the school's overall rating described in Subsection 
53A-1-1104
(4)(a)(i);
(b) the school's ratings for each of the indicators described in Subsection
53A-1-1104
(4)(a)(ii);
(c) the methodology for determining a school's rating described in Section
53A-1-1105
; and
(d) (i) the percentage of students who participated in statewide assessments; and
(ii) the percentage of nonproficient students, as determined by prior year statewide
assessment scores, who participated in statewide assessments.
(2) (a) The board shall develop an individualized student achievement report that
includes:
(i) information on a student's level of proficiency as measured by a statewide
assessment; and
(ii) a comparison of a student's growth target and actual learning growth as measured
by a statewide assessment.
(b) The board shall, subject to the Family Educational Rights and Privacy Act, 20
U.S.C. Sec. 1232g, make the individualized student achievement report described in
Subsection (2)(a) available for a school district or charter school to access electronically.
(c) A school district or charter school shall distribute an individualized student
achievement report to the parent or guardian of the student to whom the report applies.
Section 9. 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.
(6) "Initial remedial year" means the school year a district school or charter school is
designated as a low performing school under Section 
53A-1-1203
.
(7) "Low performing school" means a district school or charter school that has been
designated 
as
 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.
] 
in accordance with Section
53A-1-1203
.
(8) "School accountability system" means the system established by the board in
accordance with Part 11, School Accountability System.
[
(8)
] 
(9)
 [
"School grade" or "grade"
] 
"Rating"
 means the [
letter grade
] 
overall rating
assigned to a school under the school [
grading
] 
accountability
 system.
[
(9) "School grading system" means the system established under Part 11, School
Grading Act, of assigning letter grades to schools.
]
[
(10) "Statewide assessment" means a test of student achievement in basic academic
subjects, including a test administered in a computer adaptive format that is administered
statewide under Part 6, Achievement Tests.
]
Section 10. Section 
53A-1-1203
 is amended to read:
53A-1-1203.
State Board of Education to designate low performing schools.
[
On
] 
(1) Except as provided in Subsection (2), on
 or before September 1, the board
shall annually designate a school as a low performing school if the school is:
[
(1)
] 
(a)
 in the lowest performing 3% of schools statewide according to the [
percentage
of possible points earned
] 
school's performance
 under the school [
grading
] 
accountability
system; and
[
(2)
] 
(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.
(2) The board is not required to designate as a low performing school a school for
which an academic growth indicator has been excluded under the school accountability system
in accordance with Section 
53A-1-1104
.
Section 11. 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 
at least
 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 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
] 
rating
 improves by at least one [
letter grade
]
rating
, as determined by the board under Subsection (3)(b).
(b) The board shall determine whether a low performing school's [
grade
] 
rating
 has
improved under Subsection (3)(a)(ii) by comparing the school's letter [
grade
] 
rating
 for the
school year prior to the initial remedial year to the school's [
letter grade
] 
rating
:
(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.
(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
] 
school performance
under the school [
grading
] 
accountability
 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) (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 fund:
(i) interventions to facilitate the implementation of a school turnaround plan under
Subsection (4)(c);
(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 12. Section 
53A-1-1207
 is amended to read:
53A-1-1207.
Consequences for failing to improve the school rating 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
] 
an above-average rating
 under the school
[
grading
] 
accountability
 system in the previous two school years.
(2) (a) A low performing school may petition the board for an extension to continue
school improvement efforts for up to two years if the low performing school's [
grade
] 
rating
does not improve by at least one [
letter grade
] 
rating
, as determined by comparing the school's
[
letter grade
] 
rating
 for the school year prior to the initial remedial year to the school's [
letter
grade
] 
rating
 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:
] 
a statistically significant improvement in the school's performance under
the school accountability system, as determined by the board.
[
(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.
]
[
(d)
] 
(c)
 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).
[
(e)
] 
(d)
 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
] 
rating
 by at least one [
letter grade
] 
rating
,
as determined by comparing the school's [
letter grade
] 
rating
 for the school year prior to the
initial remedial year to the school's [
letter grade
] 
rating
 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
] 
rating
 by at least one [
letter grade
] 
rating
, as
determined by comparing the school's [
letter grade
] 
rating
 for the school year prior to the initial
remedial year to the school's [
letter grade
] 
rating
 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 13. 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
] 
rating
 by at least one [
letter grade
] 
rating
, as
determined by comparing the school's [
letter grade
] 
rating
 for the school year prior to the initial
remedial year to the school's [
letter grade
] 
rating
 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
] 
rating
 by at least one [
letter grade
] 
rating
, as
determined by comparing the school's [
letter grade
] 
rating
 for the school year prior to the initial
remedial year to the school's [
letter grade
] 
rating
 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
] 
rating
 of a low performing school.
(3) Subject to appropriations by the Legislature, upon the release of school [
grades
]
ratings
 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
]
rating by one rating
:
(i) $100 per tested student; and
(ii) $1,000 per educator;
(b) for an eligible school that improves the eligible school's [
grade two letter grades
]
rating by two ratings
:
(i) $200 per tested student; and
(ii) $2,000 per educator;
(c) for an eligible school that improves the eligible school's [
grade three letter grades
]
rating by three ratings
:
(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 letter grades
]
rating by four ratings
:
(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).
Section 14. Section 
53A-1-1209
 is amended to read:
53A-1-1209.
School Leadership Development Program.
(1) As used in this section, "school leader" means a school principal or assistant
principal.
(2) There is created the School Leadership Development Program to increase the
number of highly effective school leaders capable of:
(a) initiating, achieving, and sustaining school improvement efforts; and
(b) forming and sustaining community partnerships as described in Section 
53A-4-303
.
(3) The board shall identify one or more providers, through a request for proposals
process, to develop or provide leadership development training for school leaders that:
(a) may provide in-depth training in proven strategies to turn around low performing
schools;
(b) may emphasize hands-on and job-embedded learning;
(c) aligns with the state's leadership standards established by board rule;
(d) reflects the needs of a school district or charter school where a school leader serves;
(e) may include training on using student achievement data to drive decisions;
(f) may develop skills in implementing and evaluating evidence-based instructional
practices;
(g) may develop skills in leading collaborative school improvement structures,
including professional learning communities; and
(h) includes instruction on forming and sustaining community partnerships as
described in Section 
53A-4-303
.
(4) Subject to legislative appropriations, the State Board of Education shall provide
incentive pay to a school leader who:
(a) completes leadership development training under this section; and
(b) agrees to work, for at least five years, in a school that received [
an "F" grade or "D"
grade
] 
a below-average rating
 under the school [
grading
] 
accountability
 system in the school
year previous to the first year the school leader:
(i) completes leadership development training; and
(ii) begins to work, or continues to work, in a school described in this Subsection
(4)(b).
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules specifying:
(a) eligibility criteria for a school leader to participate in the School Leadership
Development Program;
(b) application procedures for the School Leadership Development Program;
(c) criteria for selecting school leaders from the application pool; and
(d) procedures for awarding incentive pay under Subsection (4).
Section 15. Section 
53A-1a-510
 is amended to read:
53A-1a-510.
Termination of a charter.
(1) Subject to the requirements of Subsection (3), a charter school authorizer may
terminate a school's charter for any of the following reasons:
(a) failure of the charter school to meet the requirements stated in the charter;
(b) failure to meet generally accepted standards of fiscal management;
(c) subject to Subsection (8), failure to make adequate yearly progress under the No
Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq.;
(d) (i) designation as a low performing school under Chapter 1, [
Part 11, School
Grading Act
] 
Part 12, School Turnaround and Leadership Development Act
; and
(ii) failure to improve the school's [
grade
] 
rating
 under the conditions described in
Chapter 1, Part 12, School Turnaround and Leadership Development Act;
(e) violation of requirements under this part or another law; or
(f) other good cause shown.
(2) (a) The authorizer shall notify the following of the proposed termination in writing,
state the grounds for the termination, and stipulate that the governing board may request an
informal hearing before the authorizer:
(i) the governing board of the charter school; and
(ii) if the charter school is a qualifying charter school with outstanding bonds issued in
accordance with Chapter 20b, Part 2, Charter School Credit Enhancement Program, the Utah
Charter School Finance Authority.
(b) Except as provided in Subsection (2)(e), the authorizer shall conduct the hearing in
accordance with Title 63G, Chapter 4, Administrative Procedures Act, within 30 days after
receiving a written request under Subsection (2)(a).
(c) If the authorizer, by majority vote, approves a motion to terminate a charter school,
the governing board of the charter school may appeal the decision to the State Board of
Education.
(d) (i) The State Board of Education shall hear an appeal of a termination made
pursuant to Subsection (2)(c).
(ii) The State Board of Education's action is final action subject to judicial review.
(e) (i) If the authorizer proposes to terminate the charter of a qualifying charter school
with outstanding bonds issued in accordance with Chapter 20b, Part 2, Charter School Credit
Enhancement Program, the authorizer shall conduct a hearing described in Subsection (2)(b)
120 days or more after notifying the following of the proposed termination:
(A) the governing board of the qualifying charter school; and
(B) the Utah Charter School Finance Authority.
(ii) Prior to the hearing described in Subsection (2)(e)(i), the Utah Charter School
Finance Authority shall meet with the authorizer to determine whether the deficiency may be
remedied in lieu of termination of the qualifying charter school's charter.
(3) An authorizer may not terminate the charter of a qualifying charter school with
outstanding bonds issued in accordance with Chapter 20b, Part 2, Charter School Credit
Enhancement Program, without mutual agreement of the Utah Charter School Finance
Authority and the authorizer.
(4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the State Board of Education shall make rules that require a charter school to report any threats
to the health, safety, or welfare of its students to the State Charter School Board in a timely
manner.
(b) The rules under Subsection (4)(a) shall also require the charter school report to
include what steps the charter school has taken to remedy the threat.
(5) Subject to the requirements of Subsection (3), the authorizer may terminate a
charter immediately if good cause has been shown or if the health, safety, or welfare of the
students at the school is threatened.
(6) If a charter is terminated during a school year, the following entities may apply to
the charter school's authorizer to assume operation of the school:
(a) the school district where the charter school is located;
(b) the governing board of another charter school; or
(c) a private management company.
(7) (a) If a charter is terminated, a student who attended the school may apply to and
shall be enrolled in another public school under the enrollment provisions of Chapter 2, Part 2,
District of Residency, subject to space availability.
(b) Normal application deadlines shall be disregarded under Subsection (7)(a).
(8) Subject to the requirements of Subsection (3), an authorizer may terminate a charter
pursuant to Subsection (1)(c) under the same circumstances that local educational agencies are
required to implement alternative governance arrangements under 20 U.S.C. Sec. 6316.
Section 16. Section 
53A-15-1403
 is amended to read:
53A-15-1403.
Parental right to academic accommodations.
(1) (a) A student's parent or guardian is the primary person responsible for the
education of the student, and the state is in a secondary and supportive role to the parent or
guardian. As such, a student's parent or guardian has the right to reasonable academic
accommodations from the student's LEA as specified in this section.
(b) Each accommodation shall be considered on an individual basis and no student
shall be considered to a greater or lesser degree than any other student.
(c) The parental rights specified in this section do not include all the rights or
accommodations that may be available to a student's parent or guardian as a user of the public
education system.
(d) An accommodation under this section may only be provided if the accommodation
is:
(i) consistent with federal law; and
(ii) consistent with a student's IEP if the student already has an IEP.
(2) An LEA shall reasonably accommodate a parent's or guardian's written request to
retain a student in kindergarten through grade 8 on grade level based on the student's academic
ability or the student's social, emotional, or physical maturity.
(3) An LEA shall reasonably accommodate a parent's or guardian's initial selection of a
teacher or request for a change of teacher.
(4) An LEA shall reasonably accommodate the request of a student's parent or guardian
to visit and observe any class the student attends.
(5) Notwithstanding Chapter 11, Part 1, Compulsory Education Requirements, an LEA
shall record an excused absence for a scheduled family event or a scheduled proactive visit to a
health care provider if:
(a) the parent or guardian submits a written statement at least one school day before the
scheduled absence; and
(b) the student agrees to make up course work for school days missed for the scheduled
absence in accordance with LEA policy.
(6) (a) An LEA shall reasonably accommodate a parent's or guardian's written request
to place a student in a specialized class, a specialized program, or an advanced course.
(b) An LEA shall consider multiple academic data points when determining an
accommodation under Subsection (6)(a).
(7) Consistent with Section 
53A-13-108
, which requires the State Board of Education
to establish graduation requirements that use competency-based standards and assessments, an
LEA shall allow a student to earn course credit [
towards
] 
toward
 high school graduation
without completing a course in school by:
(a) testing out of the course; or
(b) demonstrating competency in course standards.
(8) An LEA shall reasonably accommodate a parent's or guardian's request to meet
with a teacher at a mutually agreeable time if the parent or guardian is unable to attend a
regularly scheduled parent teacher conference.
(9) (a) At the request of a student's parent or guardian, an LEA shall excuse a student
from taking an assessment that:
(i) is federally mandated;
(ii) is mandated by the state under this title; or
(iii) requires the use of:
(A) a state assessment system; or
(B) software that is provided or paid for by the state.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
State Board of Education shall make rules:
(i) to establish a statewide procedure for excusing a student under Subsection (9)(a)
that:
(A) does not place an undue burden on a parent or guardian; and
(B) may be completed online; and
(ii) to prevent negative impact, to the extent authorized by state statute, to an LEA or
an LEA's employees through school [
grading
] 
accountability
 or employee evaluations due to a
student not taking a test under Subsection (9)(a).
(c) An LEA:
(i) shall follow the procedures outlined in rules made by the State Board of Education
under Subsection (9)(b) to excuse a student under Subsection (9)(a);
(ii) may not require procedures to excuse a student under Subsection (9)(a) in addition
to the procedures outlined in rules made by the State Board of Education under Subsection
(9)(b); and
(iii) may not reward a student for taking an assessment described in Subsection (9)(a).
(d) The State Board of Education shall:
(i) maintain and publish a list of state assessments, state assessment systems, and
software that qualify under Subsection (9)(a); and
(ii) audit and verify an LEA's compliance with the requirements of this Subsection (9).
(10) (a) An LEA shall provide for:
(i) the distribution of a copy of a school's discipline and conduct policy to each student
in accordance with Section 
53A-11-903
; and
(ii) a parent's or guardian's signature acknowledging receipt of the school's discipline
and conduct policy.
(b) An LEA shall notify a parent or guardian of a student's violation of a school's
discipline and conduct policy and allow a parent or guardian to respond to the notice in
accordance with Chapter 11, Part 9, School Discipline and Conduct Plans.
Section 17. Section 
63A-3-402
 is amended to read:
63A-3-402.
Utah Public Finance Website -- Establishment and administration --
Records disclosure -- Exceptions.
(1) There is created the Utah Public Finance Website to be administered by the
Division of Finance with the technical assistance of the Department of Technology Services.
(2) The Utah Public Finance Website shall:
(a) permit Utah taxpayers to:
(i) view, understand, and track the use of taxpayer dollars by making public financial
information available on the Internet for participating state entities, independent entities, and
participating local entities, using the Utah Public Finance Website; and
(ii) link to websites administered by participating local entities or independent entities
that do not use the Utah Public Finance Website for the purpose of providing participating
local entities' or independent entities' public financial information as required by this part and
by rule under Section 
63A-3-404
;
(b) allow a person who has Internet access to use the website without paying a fee;
(c) allow the public to search public financial information on the Utah Public Finance
Website using criteria established by the board;
(d) provide access to financial reports, financial audits, budgets, or other financial
documents that are used to allocate, appropriate, spend, and account for government funds, as
may be established by rule under Section 
63A-3-404
;
(e) have a unique and simplified website address;
(f) be directly accessible via a link from the main page of the official state website;
(g) include other links, features, or functionality that will assist the public in obtaining
and reviewing public financial information, as may be established by rule under Section
63A-3-404
; and
(h) include a link to school report cards published on the State Board of Education's
website under Section [
53A-1-1112
] 
53A-1-1107
.
(3) The division shall:
(a) establish and maintain the website, including the provision of equipment, resources,
and personnel as necessary;
(b) maintain an archive of all information posted to the website;
(c) coordinate and process the receipt and posting of public financial information from
participating state entities;
(d) coordinate and regulate the posting of public financial information by participating
local entities and independent entities; and
(e) provide staff support for the advisory committee.
(4) (a) A participating state entity and each independent entity shall permit the public
to view the entity's public financial information via the website, beginning with information
that is generated not later than the fiscal year that begins July 1, 2008, except that public
financial information for an:
(i) institution of higher education shall be provided beginning with information
generated for the fiscal year beginning July 1, 2009; and
(ii) independent entity shall be provided beginning with information generated for the
entity's fiscal year beginning in 2014.
(b) No later than May 15, 2009, the website shall:
(i) be operational; and
(ii) permit public access to participating state entities' public financial information,
except as provided in Subsections (4)(c) and (d).
(c) An institution of higher education that is a participating state entity shall submit the
entity's public financial information at a time allowing for inclusion on the website no later
than May 15, 2010.
(d) No later than the first full quarter after July 1, 2014, an independent entity shall
submit the entity's public financial information for inclusion on the Utah Public Finance
Website or via a link to its own website on the Utah Public Finance Website.
(5) (a) The Utah Educational Savings Plan, created in Section 
53B-8a-103
, shall
provide the following financial information to the division for posting on the Utah Public
Finance Website:
(i) administrative fund expense transactions from its general ledger accounting system;
and
(ii) employee compensation information.
(b) The plan is not required to submit other financial information to the division,
including:
(i) revenue transactions;
(ii) account owner transactions; and
(iii) fiduciary or commercial information, as defined in Section 
53B-12-102
.
(6) (a) The following independent entities shall each provide administrative expense
transactions from its general ledger accounting system and employee compensation
information to the division for posting on the Utah Public Finance Website or via a link to a
website administered by the independent entity:
(i) the Utah Capital Investment Corporation, created in Section 
63N-6-301
;
(ii) the Utah Housing Corporation, created in Section 
63H-8-201
; and
(iii) the School and Institutional Trust Lands Administration, created in Section
53C-1-201
.
(b) For purposes of this part, an independent entity described in Subsection (6)(a) is not
required to submit to the division, or provide a link to, other financial information, including:
(i) revenue transactions of a fund or account created in its enabling statute;
(ii) fiduciary or commercial information related to any subject if the disclosure of the
information:
(A) would conflict with fiduciary obligations; or
(B) is prohibited by insider trading provisions;
(iii) information of a commercial nature, including information related to:
(A) account owners, borrowers, and dependents;
(B) demographic data;
(C) contracts and related payments;
(D) negotiations;
(E) proposals or bids;
(F) investments;
(G) the investment and management of funds;
(H) fees and charges;
(I) plan and program design;
(J) investment options and underlying investments offered to account owners;
(K) marketing and outreach efforts;
(L) lending criteria;
(M) the structure and terms of bonding; and
(N) financial plans or strategies; and
(iv) information protected from public disclosure by federal law.
(7) (a) As used in this Subsection (7):
(i) "Local education agency" means a school district or a charter school.
(ii) "New school building project" means:
(A) the construction of a school or school facility that did not previously exist in a local
education agency; or
(B) the lease or purchase of an existing building, by a local education agency, to be
used as a school or school facility.
(iii) "School facility" means a facility, including a pool, theater, stadium, or
maintenance building, that is built, leased, acquired, or remodeled by a local education agency
regardless of whether the facility is open to the public.
(iv) "Significant school remodel" means a construction project undertaken by a local
education agency with a project cost equal to or greater than $2,000,000, including:
(A) the upgrading, changing, alteration, refurbishment, modification, or complete
substitution of an existing school or school facility in a local education agency; or
(B) the addition of a school facility.
(b) For each new school building project or significant school remodel, the local
education agency shall:
(i) prepare an annual school plant capital outlay report; and
(ii) submit the report:
(A) to the division for publication on the Utah Public Finance Website; and
(B) in a format, including any raw data or electronic formatting, prescribed by
applicable division policy.
(c) The local education agency shall include in the capital outlay report described in
Subsection (7)(b)(i) the following information as applicable to each new school building
project or significant school remodel:
(i) the name and location of the new school building project or significant school
remodel;
(ii) construction and design costs, including:
(A) the purchase price or lease terms of any real property acquired or leased for the
project or remodel;
(B) facility construction;
(C) facility and landscape design;
(D) applicable impact fees; and
(E) furnishings and equipment;
(iii) the gross square footage of the project or remodel;
(iv) the year construction was completed; and
(v) the final student capacity of the new school building project or, for a significant
school remodel, the increase or decrease in student capacity created by the remodel.
(d) (i) For a cost, fee, or other expense required to be reported under Subsection (7)(c),
the local education agency shall report the actual cost, fee, or other expense.
(ii) The division may require that a local education agency provide further itemized
data on information listed in Subsection (7)(c).
(e) (i) No later than May 15, 2015, a local education agency shall provide the division a
school plant capital outlay report for each new school building project and significant school
remodel completed on or after July 1, 2004, and before May 13, 2014.
(ii) For a new school building project or significant school remodel completed after
May 13, 2014, the local education agency shall provide the school plant capital outlay report
described in this Subsection (7) to the division annually by a date designated by the division.
(8) A person who negligently discloses a record that is classified as private, protected,
or controlled by Title 63G, Chapter 2, Government Records Access and Management Act, is
not criminally or civilly liable for an improper disclosure of the record if the record is disclosed
solely as a result of the preparation or publication of the Utah Public Finance Website.
Section 18. 
Repealer.
This bill repeals:
Section 
53A-1-1108
,
Calculation of additional points earned for high school
graduation and college and career readiness.
Section 
53A-1-1109
,
Calculation of percent of maximum points earned.
Section 
53A-1-1110
,
Letter grade based on percentage of maximum points earned.
Section 
53A-1-1111
,
Students with disabilities.
Section 
53A-1-1112
,
Reporting.
Section 
53A-1-1113
,
Rules.
Section 
53A-3-601
,
Legislative findings.
Section 
53A-3-602.5
,
School performance report -- Components -- Annual filing.
Section 
53A-3-603
,
State board models, guidelines, and training.
Section 19. 
Effective date.
This bill takes effect on September 15, 2017.
Legislative Review Note
Office of Legislative Research and General Counsel