Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 186 (2017GS)

Sponsor

Sen. Fillmore, L.

Final action

Governor Signed 3/24/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• repeals certain reporting requirements placed on a local education agency, the state superintendent of public instruction, and the State Board of Education; Ŝ→ [ and ] 13a
• amends provisions related to public education reports and data; and ←Ŝ
• makes technical and conforming changes.

Every vote on this bill

Bill text

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 27, 2017 at 12:37 PM by lpoole.
EDUCATION REPORTING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: 
 Justin L. Fawson
LONG TITLE
General Description:
This bill amends reporting requirements related to public education.
Highlighted Provisions:
This bill:
▸ repeals certain reporting requirements placed on a local education agency, the state
superintendent of public instruction, and the State Board of Education; 
Ŝ→ [
and
]
13a 
 ▸ amends provisions related to public education reports and data; and
 ←Ŝ
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-1-301
, as last amended by Laws of Utah 2016, Chapter 348
53A-3-403
, as last amended by Laws of Utah 2004, Chapter 206
53A-6-105
, as last amended by Laws of Utah 2016, Chapter 144
53A-17a-153
, as last amended by Laws of Utah 2010, Chapter 3
53A-17a-165
, as last amended by Laws of Utah 2015, Chapter 258
53A-17a-166
, as enacted by Laws of Utah 2011, Chapter 359
53A-17a-168
, as enacted by Laws of Utah 2012, Chapter 188
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-1-301
 is amended to read:
53A-1-301.
Appointment -- Qualifications -- Duties.
(1) (a) The State Board of Education shall appoint a superintendent of public
instruction, hereinafter called the state superintendent, who is the executive officer of the
[
board
] 
State Board of Education
 and serves at the pleasure of the [
board
] 
State Board of
Education
.
(b) The [
board
] 
State Board of Education
 shall appoint the state superintendent on the
basis of outstanding professional qualifications.
(c) The state superintendent shall administer all programs assigned to the State Board
of Education in accordance with the policies and the standards established by the [
board
] 
State
Board of Education
.
(2) The State Board of Education shall, with the [
appointed
] 
state
 superintendent,
develop a statewide education strategy focusing on core academics, including the development
of:
(a) core standards for Utah public schools and graduation requirements;
(b) a process to select model instructional materials that best correlate [
to
] 
with
 the
core standards for Utah public schools and graduation requirements that are supported by
generally accepted scientific standards of evidence;
(c) professional development programs for teachers, superintendents, and principals;
(d) model remediation programs;
(e) a model method for creating individual student learning targets, and a method of
measuring an individual student's performance toward those targets;
(f) progress-based assessments for ongoing performance evaluations of 
school
 districts
and schools;
(g) incentives to achieve the desired outcome of individual student progress in core
academics[
, and which
] 
that
 do not create disincentives for setting high goals for the students;
(h) an annual report card for school and 
school
 district performance, measuring
learning and reporting progress-based assessments;
(i) a systematic method to encourage innovation in schools and school districts as [
they
strive
] 
each strives
 to achieve improvement in [
their
] performance; and
(j) a method for identifying and sharing best demonstrated practices across 
school
districts and schools.
(3) The 
state
 superintendent shall perform duties assigned by the [
board
] 
State Board
of Education
, including [
the following
]:
(a) investigating all matters pertaining to the public schools;
(b) adopting and keeping an official seal to authenticate the 
state
 superintendent's
official acts;
(c) holding and conducting meetings, seminars, and conferences on educational topics;
(d) presenting to the governor and the Legislature each December a report of the public
school system for the preceding year [
to include
] 
that includes
:
(i) data on the general condition of the schools with recommendations considered
desirable for specific programs;
(ii) a complete statement of fund balances;
(iii) a complete statement of revenues by fund and source;
(iv) a complete statement of adjusted expenditures by fund, the status of bonded
indebtedness, the cost of new school plants, and school levies;
(v) a complete statement of state funds allocated to each school district and charter
school by source, including supplemental appropriations, and a complete statement of
expenditures by each school district and charter school, including supplemental appropriations,
by function and object as outlined in the United States Department of Education publication
"Financial Accounting for Local and State School Systems";
[
(vi) a complete statement, by school district and charter school, of the amount of and
percentage increase or decrease in expenditures from the previous year attributed to:
]
[
(A) wage increases, with expenditure data for base salary adjustments identified
separately from step and lane expenditures;
]
[
(B) medical and dental premium cost adjustments; and
]
[
(C) adjustments in the number of teachers and other staff;
]
[
(vii)
] 
(vi)
 a statement that includes data on:
(A) fall enrollments;
(B) average membership;
(C) high school graduates;
(D) licensed and classified employees, including data reported by school districts on
educator ratings pursuant to Section 
53A-8a-410
;
(E) pupil-teacher ratios;
(F) average class sizes calculated in accordance with State Board of Education rules
adopted under Subsection 
53A-3-602.5
(4);
(G) average salaries;
(H) applicable private school data; and
(I) data from standardized norm-referenced tests in grades 5, 8, and 11 on each school
and 
school
 district;
[
(viii)
] 
(vii)
 statistical information regarding incidents of delinquent activity in the
schools or at school-related activities with separate categories for:
(A) alcohol and drug abuse;
(B) weapon possession;
(C) assaults; and
(D) arson;
[
(ix)
] 
(viii)
 information about:
(A) the development and implementation of the strategy of focusing on core
academics;
(B) the development and implementation of competency-based education and
progress-based assessments; and
(C) the results being achieved under Subsections (3)(d)[
(ix)
]
(viii)
(A) and (B), as
measured by individual progress-based assessments and a comparison of Utah students'
progress with the progress of students in other states using standardized norm-referenced tests
as benchmarks; and
[
(x)
] 
(ix)
 other statistical and financial information about the school system [
which
]
that
 the state superintendent considers pertinent;
(e) collecting and organizing education data into an automated decision support system
to facilitate school district and school improvement planning, accountability reporting,
performance recognition, and the evaluation of educational policy and program effectiveness to
include:
(i) data that are:
(A) comparable across schools and school districts;
(B) appropriate for use in longitudinal studies; and
(C) comprehensive with regard to the data elements required under applicable state or
federal law or [
state board
] 
State Board of Education
 rule;
(ii) features that enable users, most particularly school administrators, teachers, and
parents, to:
(A) retrieve school and school district level data electronically;
(B) interpret the data visually; and
(C) draw conclusions that are statistically valid; and
(iii) procedures for the collection and management of education data that:
(A) require the state superintendent [
of public instruction
] to:
(I) collaborate with school districts 
Ŝ→ 
and charter schools
 ←Ŝ
 in designing and
133a implementing uniform data
standards and definitions;
(II) undertake or sponsor research to implement improved methods for analyzing
education data;
(III) provide for data security to prevent unauthorized access to or contamination of the
data; and
(IV) protect the confidentiality of data under state and federal privacy laws; and
(B) require all school districts and schools to comply with the data collection and
management procedures established under Subsection (3)(e);
(f) administering and implementing federal educational programs in accordance with
Title 53A, Chapter 1, Part 9, Implementing Federal or National Education Programs Act; and
(g) with the approval of the [
board
] 
State Board of Education
, preparing and
submitting to the governor a budget for the [
board
] 
State Board of Education
 to be included in
the budget that the governor submits to the Legislature.
(4) The state superintendent shall distribute funds deposited in the Autism Awareness
Restricted Account created in Section 
53A-1-304
 in accordance with the requirements of
Section 
53A-1-304
.
(5) Upon leaving office, the state superintendent shall deliver to the state
superintendent's successor all books, records, documents, maps, reports, papers, and other
articles pertaining to the state superintendent's office.
(6) (a) For the [
purpose
] 
purposes
 of Subsection (3)(d)[
(vii)
]
(vi)
:
(i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
students enrolled in a school by the number of full-time equivalent teachers assigned to the
school, including regular classroom teachers, school-based specialists, and special education
teachers;
(ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
the schools within a school district;
(iii) the pupil-teacher ratio for charter schools aggregated shall be the median
pupil-teacher ratio of charter schools in the state; and
(iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
pupil-teacher ratio of public schools in the state.
(b) The printed copy of the report required by Subsection (3)(d) shall:
(i) include the pupil-teacher ratio for:
(A) each school district;
(B) the charter schools aggregated; and
(C) the state's public schools aggregated; and
(ii) indicate [
the Internet
] 
a
 website where pupil-teacher ratios for each school in the
state may be accessed.
Section 2. Section 
53A-3-403
 is amended to read:
53A-3-403.
School district
Ŝ→ 
or charter school
 ←Ŝ
fiscal year -- Statistical reports.
(1) A school district's 
Ŝ→ 
or charter school's
 ←Ŝ
 fiscal year begins on July 1 and ends on
173a June 30.
(2) (a) [
The
] 
A school
 district 
Ŝ→ 
or charter school
 ←Ŝ
 shall forward statistical reports
174a for the preceding school
year, containing items required by law or by the State Board of Education, to the state
superintendent [
not later than
] 
on or before
 November 1 of each year.
(b) The reports shall include information to enable the state superintendent to complete
the statement required under Subsection 
53A-1-301
(3)(d)(v).
(3) [
The
] 
A school
 district 
Ŝ→ 
or charter school
 ←Ŝ
 shall forward the accounting report
179a required under Section
51-2a-201
 to the state superintendent [
not later than
] 
on or before
 October 15 of each year.
[
(4) The district shall include the following information in its report:
]
[
(a) a summary of the number of students in the district given fee waivers, the number
of students who worked in lieu of a waiver, and the total dollar value of student fees waived by
the district;
]
[
(b) a copy of the district's fee and fee waiver policy;
]
[
(c) a copy of the district's fee schedule for students; and
]
[
(d) notices of fee waivers provided to a parent or guardian of a student.
]
Section 3. Section 
53A-6-105
 is amended to read:
53A-6-105.
 Licensing fees -- Credit to subfund -- Payment of expenses.
(1) The board shall levy a fee for each new, renewed, or reinstated license or
endorsement in accordance with Section 
63J-1-504
.
(2) Fee payments are credited to the Professional Practices Restricted Subfund in the
Uniform School Fund.
(3) The board shall pay the expenses of issuing licenses and of UPPAC operations, and
the costs of collecting license fees from the restricted subfund.
[
(4) The board shall submit an annual report to the Legislature's Public Education
Appropriations Subcommittee informing the Legislature about the fund, fees assessed and
collected, and expenditures from the fund.
]
Section 4. Section 
53A-17a-153
 is amended to read:
53A-17a-153.
Educator salary adjustments.
(1) As used in this section, "educator" means a person employed by a school district,
charter school, or the Utah Schools for the Deaf and the Blind who holds:
(a) a license issued under Title 53A, Chapter 6, Educator Licensing and Professional
Practices Act; and
(b) a position as a:
(i) classroom teacher;
(ii) speech pathologist;
(iii) librarian or media specialist;
(iv) preschool teacher;
(v) mentor teacher;
(vi) teacher specialist or teacher leader;
(vii) guidance counselor;
(viii) audiologist;
(ix) psychologist; or
(x) social worker.
(2) In recognition of the need to attract and retain highly skilled and dedicated
educators, the Legislature shall annually appropriate money for educator salary adjustments,
subject to future budget constraints.
(3) Money appropriated to the State Board of Education for educator salary
adjustments shall be distributed to school districts, charter schools, and the Utah Schools for
the Deaf and the Blind in proportion to the number of full-time-equivalent educator positions
in a school district, a charter school, or the Utah Schools for the Deaf and the Blind as
compared to the total number of full-time-equivalent educator positions in school districts,
charter schools, and the Utah Schools for the Deaf and the Blind.
(4) [
School districts, charter schools, and
] 
A school district, a charter school, or
 the
Utah Schools for the Deaf and the Blind shall award bonuses to educators as follows:
(a) the amount of the salary adjustment shall be the same for each full-time-equivalent
educator position in the school district, charter school, or the Utah Schools for the Deaf and the
Blind;
(b) [
a person
] 
an individual
 who is not a full-time educator shall receive a partial salary
adjustment based on the number of hours the [
person
] 
individual
 works as an educator; and
(c) 
a
 salary [
adjustments
] 
adjustment
 may be awarded only to [
educators
] 
an educator
who [
have
] 
has
 received a satisfactory rating or above on [
their
] 
the educator's
 most recent
evaluation.
[
(5) (a) Each school district and charter school and the Utah Schools for the Deaf and
the Blind shall submit a report to the State Board of Education on how the money for salary
adjustments was spent, including the amount of the salary adjustment and the number of full
and partial salary adjustments awarded.
]
[
(b) The State Board of Education shall compile the information reported under
Subsection (5) and submit it to the Public Education Appropriations Subcommittee by
November 30 each year.
]
[
(6)
] 
(5)
 The State Board of Education may make rules as necessary to administer this
section, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
[
(7)
] 
(6)
 (a) Subject to future budget constraints, the Legislature shall appropriate
sufficient money each year to:
(i) maintain educator salary adjustments provided in prior years; and
(ii) provide educator salary adjustments to new employees.
(b) Money appropriated for educator salary adjustments shall include money for the
following employer-paid benefits:
(i) retirement;
(ii) worker's compensation;
(iii) social security; and
(iv) Medicare.
[
(8)
] 
(7)
 (a) Subject to future budget constraints, the Legislature shall:
(i) maintain the salary adjustments provided to school administrators in the 2007-08
school year; and
(ii) provide salary adjustments for new school administrators in the same amount as
provided for existing school administrators.
(b) The appropriation provided for educator salary adjustments shall include salary
adjustments for school administrators as specified in Subsection [
(8)
] 
(7)
(a).
(c) In distributing and awarding salary adjustments for school administrators, the State
Board of Education, [
school districts, charter schools, and
] 
a school district, a charter school, or
the Utah Schools for the Deaf and the Blind shall comply with the requirements for the
distribution and award of educator salary adjustments as provided in Subsections (3) and (4).
Section 5. Section 
53A-17a-165
 is amended to read:
53A-17a-165.
Enhancement for Accelerated Students Program.
(1) As used in this section, "eligible low-income student" means a student who:
(a) takes an Advanced Placement test;
(b) has applied for an Advanced Placement test fee reduction; and
(c) qualifies for a free lunch or a lunch provided at reduced cost.
(2) The State Board of Education shall distribute money appropriated for the
Enhancement for Accelerated Students Program to school districts and charter schools
according to a formula adopted by the State Board of Education, after consultation with school
districts and charter schools.
(3) A distribution formula adopted under Subsection (2) may include an allocation of
money for:
(a) Advanced Placement courses;
(b) Advanced Placement test fees of eligible low-income students;
(c) gifted and talented programs, including professional development for teachers of
high ability students; and
(d) International Baccalaureate programs.
(4) The greater of 1.5% or $100,000 of the appropriation for the Enhancement for
Accelerated Students Program may be allowed for International Baccalaureate programs.
(5) A school district or charter school shall use money distributed under this section to
enhance the academic growth of students whose academic achievement is accelerated.
(6) [
(a)
] The State Board of Education shall develop performance criteria to measure
the effectiveness of the Enhancement for Accelerated Students Program [
and make an annual
report to the Public Education Appropriations Subcommittee on the effectiveness of the
program
].
[
(b) In the report required by Subsection (6)(a), the State Board of Education shall
include data showing the use and impact of money allocated for Advanced Placement test fees
of eligible low-income students.
]
Section 6. Section 
53A-17a-166
 is amended to read:
53A-17a-166.
Enhancement for At-Risk Students Program.
(1) (a) Subject to the requirements of Subsection (1)(b), the State Board of Education
shall distribute money appropriated for the Enhancement for At-Risk Students Program to
school districts and charter schools according to a formula adopted by the State Board of
Education, after consultation with school districts and charter schools.
(b) (i) The State Board of Education shall appropriate $1,200,000 from the
appropriation for Enhancement for At-Risk Students for a gang prevention and intervention
program designed to help students at-risk for gang involvement stay in school.
(ii) Money for the gang prevention and intervention program shall be distributed to
school districts and charter schools through a request for proposals process.
(2) In establishing a distribution formula under Subsection (1)(a), the State Board of
Education shall use the following criteria:
(a) low performance on U-PASS tests;
(b) poverty;
(c) mobility; and
(d) limited English proficiency.
(3) A school district or charter school shall use money distributed under this section to
improve the academic achievement of students who are at risk of academic failure.
(4) The State Board of Education shall develop performance criteria to measure the
effectiveness of the Enhancement for At-Risk Students Program [
and make an annual report to
the Public Education Appropriations Subcommittee on the effectiveness of the program
].
Section 7. Section 
53A-17a-168
 is amended to read:
53A-17a-168.
Appropriation for Title 1 Schools in Improvement Paraeducators
Program.
(1) As used in this section:
(a) "Eligible school" means a Title 1 school that has not achieved adequate yearly
progress, as defined in the No Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq. in
the same subject area for two consecutive years.
(b) "Paraeducator" means a school employee who:
(i) delivers instruction under the direct supervision of a teacher; and
(ii) meets the requirements under Subsection (3).
(c) "Program" means the Title 1 Schools in Improvement Paraeducators Program
created in this section.
(2) The program is created to provide funding for eligible schools to hire paraeducators
to provide additional instructional aid in the classroom to assist students in achieving academic
success and assist the school in exiting Title 1 school improvement status.
(3) A paraeducator who is funded under this section shall have:
(a) earned a secondary school diploma or a recognized equivalent;
(b) (i) completed at least two years with a minimum of 48 semester hours at an
accredited higher education institution;
(ii) obtained an associates or higher degree from an accredited higher education
institution; or
(iii) satisfied a rigorous state or local assessment about the individual's knowledge of,
and ability to assist in instructing students in
,
 reading, writing, and mathematics; and
(c) received large group-, small group-, and individual-level professional development
that is intensive and focused and covers curriculum, instruction, assessment, classroom and
behavior management, and teaming.
(4) The State Board of Education shall distribute money appropriated for the program
to eligible schools, in accordance with rules adopted by the board.
(5) Funds appropriated under the program may not be used to supplant other money
used for paraeducators at eligible schools.
[
(6) The State Board of Education shall submit an annual report to the Legislature's
Public Education Appropriations Subcommittee that includes information on:
]
[
(a) the amount of money distributed to each eligible school under this section;
]
[
(b) how many paraeducators were hired at each eligible school with program money;
]
[
(c) additional funding eligible schools used to supplement program money in hiring
paraeducators; and
]
[
(d) accountability measures, including test scores of students served by the program.
]
Legislative Review Note
Office of Legislative Research and General Counsel