Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 404 First Substitute (2017GS)

Sponsor

Rep. Peterson, V.

Final action

Governor Signed 3/24/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• directs the State Board of Education (board) to enhance the online data reporting tool and contract with a provider for a two-year pilot digital program;
• provides certain standards and functionality that are to be included in the enhancements to the online data reporting tool and a digital program;
• directs the board to provide a digital program to a local education agency (LEA);
• requires an LEA to pay half the cost of a digital program;
• requires an LEA to report to the board on the effectiveness of a digital program and recommendations for enhancement of the online data reporting tool;
• provides a repeal date; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

EARLY WARNING PILOT PROGRAM
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Val L. Peterson
Senate Sponsor: 
Ann Millner
LONG TITLE
General Description:
This bill provides for systems to identify students in need of early intervention.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ directs the State Board of Education (board) to enhance the online data reporting
tool and contract with a provider for a two-year pilot digital program;
▸ provides certain standards and functionality that are to be included in the
enhancements to the online data reporting tool and a digital program;
▸ directs the board to provide a digital program to a local education agency (LEA);
▸ requires an LEA to pay half the cost of a digital program;
▸ requires an LEA to report to the board on the effectiveness of a digital program and
recommendations for enhancement of the online data reporting tool;
▸ provides a repeal date; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates:
▸ to the State Board of Education -- Initiative Programs, as a one-time appropriation:
• from the Education Fund $125,000; and
▸ to the State Board of Education -- Initiative Programs, as a ongoing appropriation:
• from the Education Fund $250,000.
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
63I-2-253
, as last amended by Laws of Utah 2016, Chapters 128, 229, 236, 271, and
318
ENACTS:
53A-1-415
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
53A-1-415
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-1-415
 is enacted to read:
 53A-1-415.
Student intervention early warning pilot program.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Digital program" means a program that provides information for student early
intervention as described in this section.
(c) "Local education agency" or "LEA" means:
(i) a district school;
(ii) a charter school; or
(iii) the Utah Schools for the Deaf and the Blind.
(d) "Online data reporting tool" means a system described in Section 
53A-1-605
.
(2) (a) The board shall, subject to legislative appropriations:
(i) enhance the online data reporting tool and provide additional formative actionable
data on student outcomes subject to Subsection (2)(c); and
(ii) select through a competitive contract process a provider to provide to an LEA a
digital program as described in this section.
(b) The contract described in Subsection (2)(a)(ii) shall be for a two-year pilot
program.
(c) Information collected or used by the board for purposes of enhancing the online
data reporting tool in accordance with this section may not identify a student individually.
(3) The enhancement to the online data reporting tool and the digital program shall:
(a) be designed with a user-appropriate interface for use by teachers, school
administrators, and parents;
(b) provide reports on a student's results at the student level on:
(i) a national assessment;
(ii) a local assessment; and
(iii) a statewide criterion-referenced test or online computer adaptive test described in
Section 
53A-1-603
;
(c) have the ability to provide data from aggregate student reports based on a student's:
(i) teacher;
(ii) school;
(iii) school district, if applicable; or
(iv) ethnicity;
(d) provide a viewer with the ability to view the data described in Subsection (2)(c) on
a single computer screen;
(e) have the ability to compare the performance of students, for each teacher, based on
a student's:
(i) gender;
(ii) special needs, including primary exceptionality;
(iii) English proficiency;
(iv) economic status;
(v) migrant status;
(vi) ethnicity;
(vii) response to tiered intervention;
(viii) response to tiered-intervention enrollment date;
(ix) absence rate;
(x) feeder school;
(xi) type of school, including primary or secondary, public or private, Title I, or other
general school-type category;
(xii) course failures; and
(xiii) other criteria, as determined by the board; and
(f) have the ability to load data from a local, national, or other assessment in the data's
original format within a reasonable time.
(4) Subject to legislative appropriations, the online data reporting tool and digital
program shall:
(a) integrate criteria for early warning indicators, including the following criteria:
(i) discipline;
(ii) attendance;
(iii) behavior;
(iv) course failures; and
(v) other criteria as determined by a local school board or charter school governing
board; and
(b) provide a teacher or administrator the ability to view the early warning indicators
described in Subsection (4)(a) with a student's assessment results described in Subsection
(3)(b).
(5) Subject to legislative appropriations, the online data reporting tool and the digital
program shall:
(a) provide data on response to intervention using existing assessments or measures
that are manually added, including assessment and nonacademic measures;
(b) provide a user the ability to share interventions within a reporting environment and
add comments to inform other teachers, administrators, and parents or guardians;
(c) save and share reports among different teachers and school administrators, subject
to the student population information a teacher or administrator has the rights to access;
(d) automatically flag a student profile when early warning thresholds are met so that a
teacher can easily identify a student who may be in need of intervention;
(e) incorporate a variety of algorithms to support student learning outcomes and
provide student growth reporting by teacher;
(f) integrate response to intervention tiers and activities as filters for the reporting of
individual student data and aggregated data, including by ethnicity, school, or teacher;
(g) have the ability to generate student parent or guardian communication to alert the
parent or guardian of academic plans or interventions; and
(h) configure alerts based upon student academic results, including a student's
performance on the previous year statewide criterion-referenced test or online computer
adaptive test described in Section 
53A-1-603
.
(6) (a) The board shall, subject to legislative appropriations, select an LEA to receive
access to a digital program through a provider described in Subsection (2)(a)(ii).
(b) An LEA that receives access to a digital program shall pay for 50% of the cost of
the digital program.
(c) An LEA that receives access to a digital program shall no later than one school year
after accessing a digital program report to the board in a format required by the board on the
effectiveness of the digital program, positive and negative attributes of the digital program,
recommendations for improving the online data reporting tool, and any other information
regarding a digital program requested by the board.
(d) The board shall consider recommendations from an LEA for changes to the online
data reporting tool.
(7) Information described in this section shall be used in accordance with and provided
subject to:
(a) Chapter 1, Part 14, Student Data Protection Act;
(b) Chapter 13, Part 3, Utah Family Educational Rights and Privacy Act; and
(c) Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
Section 2. Section 
63I-2-253
 is amended to read:
63I-2-253.
 Repeal dates -- Titles 53, 53A, and 53B.
(1) Section 
53A-1-403.5
 is repealed July 1, 2017.
(2) Section 
53A-1-411
 is repealed July 1, 2017.
(3) Section 
53A-1-415
 is repealed July 1, 2019.
[
(3)
] 
(4)
 Section 
53A-1-709
 is repealed July 1, 2020.
[
(4)
] 
(5)
 Subsection 
53A-1a-513
(4) is repealed July 1, 2017. 
[
(5)
] 
(6)
 Section 
53A-1a-513.5
 is repealed July 1, 2017.
[
(6)
] 
(7)
 Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.
[
(7)
] 
(8)
 Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
repealed July 1, 2017.
[
(8)
] 
(9)
 Sections 
53A-24-601
 and 
53A-24-602
 are repealed January 1, 2018.
[
(9)
] 
(10)
 (a) Subsections 
53B-2a-103
(2) and (4) are repealed July 1, 2019.
(b) When repealing Subsections 
53B-2a-103
(2) and (4), the Office of Legislative
Research and General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3),
make necessary changes to subsection numbering and cross references.
[
(10)
] 
(11)
 Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project,
is repealed July 1, 2023. 
Section 3. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To State Board of Education - Initiative Programs
From Education Fund, One-time 
$125,000
Schedule of Programs:
Early Warning Pilot Program $125,000
ITEM 2
To State Board of Education - Initiative Programs
From Education Fund, Ongoing 
$250,000
Schedule of Programs:
Early Warning Pilot Program $250,000
The Legislature intends that the State Board of Education:
(1) use $125,000 of the appropriation under this section for enhancement of the online
data reporting tool as described in Section 
53A-1-415
; and
(2) use $250,000 of the appropriation under this section for paying 50% of the cost for
an LEA to access a digital program as described in Section 
53A-1-415
.
Section 4. 
 Coordinating H.B. 404 with S.B. 220 -- Substantive and technical
amendment.
If this H.B. 404 and S.B. 220, Student Assessment and School Accountability
Amendments, both pass and become law, it is the intent of the Legislature that the Office of
Legislative Research and General Counsel shall prepare the Utah Code database for publication
by:
(1) modifying Subsection 
53A-1-415
(3)(b)(iii) to read:
"(iii) a standards assessment described in Section 
53A-1-604
;"; and
(2) modifying Subsection 
53A-1-415
(5)(h) to read:
"(h) configure alerts based upon student academic results, including a student's
performance on the previous year standards assessment described in Section 
53A-1-604."
.