Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 220 First Substitute (2017GS)

Sponsor

Sen. Millner, A.

Final action

Governor Signed 3/24/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• repeals outdated references to the Utah Performance Assessment System for Students or "U-PASS";
• amends provisions related to the administration of statewide assessments;
• enacts provisions related to a high school assessment;
• repeals and reenacts provisions related to:
• State Board of Education duties related to assessments; and
• standards assessments;
• amends other provisions related to assessments;
• establishes a school accountability system;
• enacts provisions related to the school accountability system, including provisions related to:
• the indicators and calculation of points used to determine a school's rating under the school accountability system;
• required rulemaking by the board; and
• required reports;

Every vote on this bill

Bill text

STUDENT ASSESSMENT AND SCHOOL
 ACCOUNTABILITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ann Millner
House Sponsor: 
Bradley G. Last
LONG TITLE
General Description:
This bill amends and enacts provisions related to assessments and accountability in the
public education system.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ repeals outdated references to the Utah Performance Assessment System for
Students or "U-PASS";
▸ amends provisions related to the administration of statewide assessments;
▸ enacts provisions related to a high school assessment;
▸ repeals and reenacts provisions related to:
• State Board of Education duties related to assessments; and
• standards assessments;
▸ amends other provisions related to assessments;
▸ establishes a school accountability system;
▸ enacts provisions related to the school accountability system, including provisions
related to:
• the indicators and calculation of points used to determine a school's rating under
the school accountability system;
• required rulemaking by the board; and
• required reports;
▸ repeals and reenacts, for technical purposes, provisions related to youth suicide
prevention training; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
53A-1-301
, as last amended by Laws of Utah 2016, Chapter 348
53A-1-402.6
, as last amended by Laws of Utah 2015, Chapter 415
53A-1-413
, as last amended by Laws of Utah 2016, Chapter 144
53A-1-601
, as last amended by Laws of Utah 2000, Chapter 219
53A-1-602
, as last amended by Laws of Utah 2015, Chapters 222 and 415
53A-1-603.5
, as enacted by Laws of Utah 2006, Chapter 147
53A-1-605
, as last amended by Laws of Utah 2015, Chapter 222
53A-1-607
, as last amended by Laws of Utah 2009, Chapter 299
53A-1-608
, as enacted by Laws of Utah 1990, Chapter 267
53A-1-610
, as enacted by Laws of Utah 1990, Chapter 267
53A-1-611
, as last amended by Laws of Utah 2016, Chapter 203
53A-1-613
, as enacted by Laws of Utah 2013, Chapter 161
53A-1-708
, as last amended by Laws of Utah 2016, Chapters 144 and 221
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-1-1209
, as last amended by Laws of Utah 2016, Chapter 331
53A-1a-106
, as last amended by Laws of Utah 2012, Chapter 315
53A-1a-504
, as last amended by Laws of Utah 2016, Chapter 213
53A-1a-510
, as last amended by Laws of Utah 2015, Chapter 449
53A-17a-166
, as enacted by Laws of Utah 2011, Chapter 359
53A-25b-304
, as last amended by Laws of Utah 2012, Chapter 291
ENACTS:
53A-1-611.5
, Utah Code Annotated 1953
53A-1-1113.5
, Utah Code Annotated 1953
53A-15-1303
, Utah Code Annotated 1953
REPEALS AND REENACTS:
53A-1-603
, as last amended by Laws of Utah 2016, Chapters 203 and 221
53A-1-604
, as last amended by Laws of Utah 2013, Chapter 161
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
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
REPEALS:
53A-1-1104.5
, as enacted by Laws of Utah 2014, Chapter 403
53A-1-1107.5
, as last amended by Laws of Utah 2015, Chapter 452
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
Utah Code Sections Affected by Revisor Instructions:
53A-1-413
, 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-1-301
 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) 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
] 
statewide
assessments described in Section 
53A-1-602
 for
 each school and 
school
 district;
(viii) 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) 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)(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) 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 in designing and 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):
(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
] 
identify a
 website where pupil-teacher ratios for each school
in the state may be accessed.
Section 2. Section 
53A-1-402.6
 is amended to read:
53A-1-402.6.
Core standards for Utah public schools.
(1) (a) In establishing minimum standards related to curriculum and instruction
requirements under Section 
53A-1-402
, the State Board of Education shall, in consultation
with local school boards, school superintendents, teachers, employers, and parents implement
core standards for Utah public schools that will enable students to, among other objectives:
(i) communicate effectively, both verbally and through written communication;
(ii) apply mathematics; and
(iii) access, analyze, and apply information.
(b) Except as provided in this title, the State Board of Education may recommend but
may not require a local school board or charter school governing board to use:
(i) a particular curriculum or instructional material; or
(ii) a model curriculum or instructional material.
(2) The [
board
] 
State Board of Education
 shall, in establishing the core standards for
Utah public schools:
(a) identify the basic knowledge, skills, and competencies each student is expected to
acquire or master as the student advances through the public education system; and
(b) align 
with each other
 the core standards for Utah public schools and [
tests
administered under the Utah Performance Assessment System for Students (U-PASS) with
each other.
] 
the assessments described in Section 
53A-1-604
.
(3) The basic knowledge, skills, and competencies identified pursuant to Subsection
(2)(a) shall increase in depth and complexity from year to year and focus on consistent and
continual progress within and between grade levels and courses in the basic academic areas of:
(a) English, including explicit phonics, spelling, grammar, reading, writing,
vocabulary, speech, and listening; and
(b) mathematics, including basic computational skills.
(4) Before adopting core standards for Utah public schools, the State Board of
Education shall:
(a) publicize draft core standards for Utah public schools on the State Board of
Education's website and the Utah Public Notice website created under Section 
63F-1-701
;
(b) invite public comment on the draft core standards for Utah public schools for a
period of not less than 90 days; and
(c) conduct three public hearings that are held in different regions of the state on the
draft core standards for Utah public schools.
(5) Local school boards shall design their school programs, that are supported by
generally accepted scientific standards of evidence, to focus on the core standards for Utah
public schools with the expectation that each program will enhance or help achieve mastery of
the core standards for Utah public schools.
(6) Except as provided in Section 
53A-13-101
, each school may select instructional
materials and methods of teaching, that are supported by generally accepted scientific standards
of evidence, that [
it
] 
the school
 considers most appropriate to meet the core standards for Utah
public schools.
(7) The state may exit any agreement, contract, memorandum of understanding, or
consortium that cedes control of the core standards for Utah public schools to any other entity,
including a federal agency or consortium, for any reason, including:
(a) the cost of developing or implementing the core standards for Utah public schools;
(b) the proposed core standards for Utah public schools are inconsistent with
community values; or
(c) the agreement, contract, memorandum of understanding, or consortium:
(i) was entered into in violation of Part 9, Implementing Federal or National Education
Programs Act, or Title 63J, Chapter 5, Federal Funds Procedures Act;
(ii) conflicts with Utah law;
(iii) requires Utah student data to be included in a national or multi-state database;
(iv) requires records of teacher performance to be included in a national or multi-state
database; or
(v) imposes curriculum, assessment, or data tracking requirements on home school or
private school students.
(8) The State Board of Education shall annually report to the Education Interim
Committee on the development and implementation of the core standards for Utah public
schools, including the time line established for the review of the core standards for Utah public
schools by a standards review committee and the recommendations of a standards review
committee established under Section 
53A-1-402.8
.
Section 3. 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) "Statewide assessment" means the same as that term is defined in Section
53A-1-602
.
[
(c)
] 
(d)
 "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
] 
may
access student data in a Student Achievement Backpack, which shall include the following
data, or request 
that
 the data be transferred from one LEA to another:
(a) student demographics;
(b) course grades;
(c) course history; and
(d) results [
for an
] 
of a statewide
 assessment [
administered under U-PASS
].
(7) [
No later than June 30, 2015, an
] 
An
 authorized LEA user [
shall be able to
] 
may
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 
that
 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
] 
statewide assessments
;
[
(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)
] 
(e)
 a student's writing sample 
that is
 written for [
an online
] 
a
 writing assessment
administered pursuant to Section [
53A-1-603
] 
53A-1-604
;
[
(g)
] 
(f)
 student growth scores [
for U-PASS tests
] 
on a statewide assessment, as
applicable
;
[
(h)
] 
(g)
 a school's grade assigned pursuant to Part 11, School Grading Act;
[
(i)
] 
(h)
 results of benchmark assessments of reading administered pursuant to Section
53A-1-606.6
; and
[
(j)
] 
(i)
 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
] 
is
integrated into each LEA's student information system and [
shall be
] 
is
 made available to a
student's parent or guardian and an authorized LEA user in an easily accessible viewing format.
Section 4. Section 
53A-1-601
 is amended to read:
53A-1-601.
Legislative intent.
(1) [
It is the intent of the Legislature in
] 
In
 enacting this part
, the Legislature intends
 to
determine the effectiveness of school districts and schools in assisting students to master the
fundamental educational skills [
towards
] 
toward
 which instruction is directed.
(2) [
(a) The Utah Performance Assessment System for Students enacted under this part
shall provide
] 
The board shall ensure that a statewide assessment provides
 the public, the
Legislature, the [
State Board of Education
] 
board
, school districts, public schools, and school
teachers 
with:
(a)
 evaluative information regarding the various levels of proficiency achieved by
students, so that they may have an additional tool to plan, measure, and evaluate the
effectiveness of programs in the public schools[
.
]
; and
(b) [
The
] information [
may also be used
] to recognize excellence and to identify the
need for additional resources or to reallocate educational resources in a manner to [
assure
]
ensure
 educational opportunities for all students and to improve existing programs.
Section 5. Section 
53A-1-602
 is amended to read:
53A-1-602.
Definitions.
As used in this part:
[
(1) "Basic academic subject" means a subject that requires mastery of specific
functions, as defined under rules made by the State Board of Education, to include reading,
language arts, mathematics, science in grades 4 through 12, and effectiveness of written
expression.
]
(1) "Board" means the State Board of Education.
(2) "Core standards for Utah public schools" means the standards [
developed and
adopted by the State Board of Education that define the knowledge and skills students should
have in kindergarten through grade 12 to enable students to be prepared for college or
workforce training.
] 
established by the board as described in Section 
53A-1-402.6
.
(3) 
"Individualized education program" or
 "IEP" means a written statement for a
student with a disability that is developed, reviewed, and revised in accordance with the
Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
[
(4) "Utah Performance Assessment System for Students" or "U-PASS" means:
]
[
(a) as determined by the State Board of Education, criterion-referenced achievement
testing or online computer adaptive testing of students in grades 3 through 12 in basic academic
subjects;
]
[
(b) an online writing assessment in grades 5 and 8;
]
(4) "Statewide assessment" means one or more of the following, as applicable:
(a) a standards assessment described in Section 
53A-1-604
;
(b) a high school assessment described in Section 
53A-1-611.5
;
(c) 
a
 college readiness [
assessments as detailed
] 
assessment described
 in Section
53A-1-611
; [
and
] 
or
(d) [
testing
] 
an assessment
 of students in grade 3 to measure reading grade level
described in Section 
53A-1-606.6
.
Section 6. Section 
53A-1-603
 is repealed and reenacted to read:
 53A-1-603.
Statewide assessments -- Duties of State Board of Education.
(1) The board shall:
(a) require the state superintendent of public instruction to:
(i) submit and recommend statewide assessments to the board for adoption by the
board; and
(ii) distribute the statewide assessments adopted by the board to a school district or
charter school;
(b) provide for the state to participate in the National Assessment of Educational
Progress state-by-state comparison testing program; and
(c) require a school district or charter school to administer statewide assessments.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules for the administration of statewide assessments.
(3) The board shall ensure that statewide assessments are administered in compliance
with the requirements of Part 14, Student Data Protection Act, and Chapter 13, Part 3, Utah
Family Educational Rights and Privacy Act.
Section 7. Section 
53A-1-603.5
 is amended to read:
53A-1-603.5.
Unique student identifier -- Coordination of higher education and
public education information technology systems.
(1) As used in this section, "unique student identifier" means an alphanumeric code
assigned to each public education student for identification purposes, which:
(a) is not assigned to any former or current student; and
(b) does not incorporate personal information, including a birth date or Social Security
number.
(2) The [
State Board of Education
] 
board
, through the superintendent of public
instruction, shall assign each public education student a unique student identifier, which shall
be used to track individual student performance on achievement tests administered under this
part.
(3) The [
State Board of Education
] 
board
 and the State Board of Regents shall
coordinate public education and higher education information technology systems to allow
individual student academic achievement to be tracked through both education systems in
accordance with this section and Section 
53B-1-109
.
(4) The [
State Board of Education
] 
board
 and 
the
 State Board of Regents shall
coordinate access to the unique student identifier of a public education student who later
attends an institution within the state system of higher education.
Section 8. Section 
53A-1-604
 is repealed and reenacted to read:
 53A-1-604.
Utah standards assessments -- Administration -- Review committee.
(1) As used in this section, "computer adaptive assessment" means an assessment that
measures the range of a student's ability by adapting to the student's responses, selecting more
difficult or less difficult questions based on the student's responses.
(2) The board shall:
(a) adopt a standards assessment that:
(i) measures a student's proficiency in:
(A) mathematics for students in each of grades 3 through 8;
(B) English language arts for students in each of grades 3 through 8;
(C) science for students in each of grades 4 through 8; and
(D) writing for students in at least grades 5 and 8; and
(ii) except for the writing measurement described in Subsection (2)(a)(i)(D), is a
computer adaptive assessment; and
(b) ensure that an assessment described in Subsection (2)(a) is:
(i) a criterion referenced assessment;
(ii) administered online;
(iii) aligned with the core standards for Utah public schools; and
(iv) adaptable to competency-based education as defined in Section 
53A-15-1802
.
(3) A school district or charter school shall annually administer the standards
assessment adopted by the board under Subsection (2) to all students in the subjects and grade
levels described in Subsection (2).
(4) A student's score on the standards assessment adopted under Subsection (2) may
not be considered in determining:
(a) the student's academic grade for a course; or
(b) whether the student may advance to the next grade level.
(5) (a) The board shall establish a committee consisting of 15 parents of Utah public
education students to review all standards assessment questions.
(b) The committee established in Subsection (5)(a) shall include the following parent
members:
(i) five members appointed by the chair of the board;
(ii) five members appointed by the speaker of the House of Representatives or the
speaker's designee; and
(iii) five members appointed by the president of the Senate or the president's designee.
(c) The board shall provide staff support to the parent committee.
(d) The term of office of each member appointed in Subsection (5)(b) is four years.
(e) The chair of the board, the speaker of the House of Representatives, and the
president of the Senate shall adjust the length of terms to stagger the terms of committee
members so that approximately half of the committee members are appointed every two years.
(f) No member may receive compensation or benefits for the member's service on the
committee.
Section 9. Section 
53A-1-605
 is amended to read:
53A-1-605.
Analysis of results -- Staff professional development.
(1) The [
State Board of Education
] 
board
, through the state superintendent of public
instruction, shall develop [
a plan
] 
an online data reporting tool
 to analyze the results of [
the
U-PASS scores for all grade levels and courses required under Section 
53A-1-603
.
] 
statewide
assessments.
(2) The [
plan
] 
online data reporting tool
 shall include components designed to:
(a) assist school districts and individual schools to use the results of the analysis in
planning, evaluating, and enhancing programs; [
and
]
(b) identify schools not achieving state-established acceptable levels of student
performance in order to assist those schools in [
raising their
] 
improving
 student performance
levels[
. (3) The plan shall include provisions
]
; and
(c) provide:
(i)
 for statistical reporting of [
criterion-referenced or online computer adaptive test
]
statewide assessment
 results at state, school district, school, and grade or course levels[
,
]
;
 and
[
shall include
]
(ii)
 actual levels of performance on [
tests
] 
statewide assessments
.
[
(4) Each
] 
(3) A
 local school board [
and
] 
or
 charter school governing board shall
provide for:
(a) evaluation of the [
U-PASS test
] 
statewide assessment
 results and use of the
evaluations in setting goals and establishing programs; and
(b) a professional development program that provides teachers, principals, and other
professional staff with the training required to successfully establish and maintain [
U-PASS
]
statewide assessments
.
Section 10. Section 
53A-1-607
 is amended to read:
53A-1-607.
Scoring -- Reports of results.
(1) [
Each
] 
For a statewide assessment that requires the use of a student answer sheet, a
local school board [
and
] 
or
 charter school 
governing board
 shall submit all answer sheets [
for
the achievement tests administered under U-PASS
] on a per-school and per-class basis to the
state superintendent of public instruction for scoring unless the [
test
] 
assessment
 requires
scoring by a national testing service.
(2) The district, school, and class results of the [
U-PASS testing program
] 
statewide
assessments
, but not the score or relative position of individual students, shall be reported to
each local school board or charter school governing board annually at a regularly scheduled
meeting.
(3) [
Each local board and
] 
A local school board or
 charter school governing board
:
(a)
 shall make copies of the report available to the general public upon request[
. (4)
The board
]
; and
(b)
 may charge a fee for [
the copying costs
] 
the cost of copying the report
.
[
(5) The State Board of Education
]
(4) (a) The board
 shall annually provide to school districts and charter schools a
comprehensive report for each of [
their
] 
the school district's and charter school's
 students
showing the student's [
U-PASS test
] 
statewide assessment
 results for each year 
that
 the student
took a [
U-PASS test. School districts and charter schools
] 
statewide assessment.
(b) A school district or charter school
 shall give a copy of the comprehensive report to
the student's parents and make the report available to school staff, as appropriate.
Section 11. Section 
53A-1-608
 is amended to read:
53A-1-608.
Preparation for tests.
(1) School district employees may not [
carry on
] 
conduct
 any specific instruction or
preparation of students [
which
] 
that
 would be a breach of testing ethics, such as the teaching of
specific test questions.
(2) School district employees who administer the test shall follow the standardization
procedures in the [
publisher's
] test administration manual 
for an assessment
 and any additional
specific instructions developed by the [
State Board of Education
] 
board
.
(3) The [
State Board of Education
] 
board
 may revoke the certification of an individual
who violates this section.
Section 12. Section 
53A-1-610
 is amended to read:
53A-1-610.
Grade level specification change.
(1) [
The State Board of Education may replace the grade
] 
The board may change a
grade level
 specification for the administration of specific [
tests
] 
assessments
 under this part
[
with a specification of age or time elapsed since the student entered school if the replacement
]
to a different grade level specification or a competency-based specification if the
 specification
is more consistent with patterns of school organization.
(2) [
The
] 
(a) If the board changes a grade level specification described in Subsection
(1), the
 board shall submit a report to the Legislature explaining the reasons for [
replacing
]
changing
 the grade 
level
 specification.
(b)
 The board shall submit the report at least six months [
prior to
] 
before
 the
anticipated change.
Section 13. Section 
53A-1-611
 is amended to read:
53A-1-611.
College readiness assessments.
(1) The Legislature recognizes the need for the [
State Board of Education
] 
board
 to
develop and implement standards and assessment processes to ensure that student progress is
measured and that school boards and school personnel are accountable.
[
(2) In addition to its responsibilities under Sections 
53A-1-603
 through 
53A-1-605
,
the State Board of Education shall:
]
[
(a) adopt college readiness assessments for secondary students; and
]
[
(b) require a school district or charter school to administer the college readiness
assessments adopted by the State Board of Education.
]
[
(3) A college readiness assessment adopted by the State Board of Education:
]
[
(a) shall include the college admissions test that includes an assessment of language
arts, mathematics, and science that is
]
(2) The board shall adopt a college readiness assessment for secondary students that:
(a) is the college readiness assessment
 most commonly submitted to local universities;
and
(b) may include:
(i) the Armed Services Vocational Aptitude Battery; [
and
] 
or
(ii) a battery of assessments that are predictive of success in higher education.
[
(4)
] 
(3)
 (a) Except as provided in Subsection [
(4)(b), the State Board of Education
shall require
] 
(3)(b),
 a school district or charter school [
to
] 
shall annually
 administer [
a test
] 
the
college readiness assessment
 adopted under Subsection [
(3)(a)
] 
(2)
 to all students in grade 11.
(b) A student with an IEP may take an appropriate college readiness assessment other
than [
a test
] 
the assessment
 adopted by the [
State Board of Education
] 
board
 under Subsection
[
(3)(a)
] 
(2)
, as determined by the student's IEP.
Section 14. Section 
53A-1-611.5
 is enacted to read:
 53A-1-611.5.
High school assessments.
(1) The board shall adopt a high school assessment that:
(a) is predictive of a student's college readiness as measured by the college readiness
assessment described in Section 
53A-1-611
; and
(b) provides a growth score for a student from grade 9 to 10.
(2) A school district or charter school shall annually administer the high school
assessment adopted by the board under Subsection (1) to all students in grades 9 and 10.
Section 15. Section 
53A-1-613
 is amended to read:
53A-1-613.
Online test preparation program.
(1) The [
State Board of Education
] 
board
 shall contract with a provider, selected
through a request for proposals process, to provide an online [
program to prepare students to
take the college admissions test that includes an assessment of language arts, mathematics, and
science
] 
college readiness diagnostic tool that is aligned with the college readiness assessment
that is most commonly submitted to local universities.
(2) An online test preparation program described in Subsection (1):
(a) (i) shall allow a student to independently access online materials and learn at the
student's own pace; and
(ii) may be used to provide classroom and teacher-assisted instruction;
(b) shall provide online study materials, diagnostic exams, drills, and practice tests in
an approach that is engaging to high school students;
(c) shall enable electronic reporting of student progress to administrators, teachers,
parents, and other facilitators;
(d) shall record a student's progress in an online dashboard that provides diagnostic
assessment of the content areas tested and identifies mastery of corresponding skill sets; and
(e) shall provide training and professional development to personnel in school districts
and charter schools on how to utilize the online test preparation program and provide
teacher-assisted instruction to students.
[
(3) To be eligible to administer a college admissions test provided by the State Board
of Education from funds appropriated for college readiness assessments, a school district or
charter school shall:
]
[
(a) promote the use of the online test preparation program; and
]
[
(b) inform parents and students of the availability of, and how to access and use, the
online test preparation program. (4) The State Board of Education,
]
(3) The board,
 school districts, and charter schools shall make the online test
preparation program available to a student:
(a) beginning in the 2013-14 school year; and
(b) for at least one full year[
, except a student in grade 11 in the 2013-14 school year
shall have access to the online test preparation program as soon as the program can be made
operational
].
Section 16. Section 
53A-1-708
 is amended to read:
53A-1-708.
Grants for online delivery of statewide assessments.
(1) As used in this section:
(a) "Adaptive tests" means tests administered during the school year using an online
adaptive test system.
(b) "Core standards for Utah public schools" means the standards [
developed and
adopted by the State Board of Education that define the knowledge and skills students should
have in kindergarten through grade 12 to enable students to be prepared for college or
workforce training.
] 
established by the State Board of Education as described in Section
53A-1-402.6
.
(c) "Statewide assessment" means the same as that term is defined in Section
53A-1-602
.
[
(c)
] 
(d)
 "Summative tests" means tests administered near the end of a course to assess
overall achievement of course goals.
[
(d)
] 
(e)
 "Uniform online summative test system" means a single system for the online
delivery of summative tests required [
under U-PASS
] 
as statewide assessments
 that:
(i) is coordinated by the State Board of Education;
(ii) ensures the reliability and security of [
U-PASS tests
] 
statewide assessments
; and
(iii) is selected through collaboration between the State Board of Education and school
district representatives with expertise in technology, assessment, and administration.
[
(e) "U-PASS" means the Utah Performance Assessment System for Students.
]
(2) The State Board of Education may award grants to school districts and charter
schools to implement [
one or both of the following
]:
(a) a uniform online summative test system to enable [
parents of students and
] school
staff 
and parents of students
 to review [
U-PASS test
] 
statewide assessment
 scores by the end of
the school year; or
(b) an online adaptive test system to enable parents of students and school staff to
measure and monitor a student's academic progress during a school year.
(3) (a) Grant money may be used to pay for any of the following, provided it is directly
related to implementing a uniform online summative test system, an online adaptive test
system, or both:
(i) computer equipment and peripherals, including electronic data capture devices
designed for electronic test administration and scoring;
(ii) software;
(iii) networking equipment;
(iv) upgrades of existing equipment or software;
(v) upgrades of existing physical plant facilities;
(vi) personnel to provide technical support or coordination and management; and
(vii) teacher professional development.
(b) Equipment purchased in compliance with Subsection (3)(a), when not in use for the
online delivery of summative tests or adaptive tests required [
under U-PASS
] 
as statewide
assessments,
 may be used for other purposes.
(4) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 State Board of Education shall make rules:
(a) establishing procedures for applying for and awarding grants;
(b) specifying how grant money [
shall be
] 
is
 allocated among school districts and
charter schools;
(c) requiring reporting of grant money expenditures and evidence showing that the
grant money has been used to implement a uniform online summative test system, an online
adaptive test system, or both;
(d) establishing technology standards for an online adaptive testing system;
(e) requiring a school district or charter school that receives a grant under this section
to implement, in compliance with [
Chapter 1,
] Part 14, Student Data Protection Act, and
Chapter 13, Part 3, Utah Family Educational Rights and Privacy Act, an online adaptive test
system by the 2014-15 school year that:
(i) meets the technology standards established under Subsection (4)(d); and
(ii) is aligned with the core standards for Utah public schools;
(f) requiring a school district or charter school to provide matching funds to implement
a uniform online summative test system, an online adaptive test system, or both in an amount
that is greater than or equal to the amount of a grant received under this section; and
(g) ensuring that student identifiable data is not released to any person, except as
provided by [
Chapter 1,
] Part 14, Student Data Protection Act, Section 
53A-13-301
, and rules
of the State Board of Education adopted under that section.
(5) If a school district or charter school uses grant money for purposes other than those
stated in Subsection (3), the school district or charter school is liable for reimbursing the State
Board of Education in the amount of the grant money improperly used.
(6) A school district or charter school may not use federal funds to provide the
matching funds required to receive a grant under this section.
(7) A school district may not impose a tax rate above the certified tax rate for the
purpose of generating revenue to provide matching funds for a grant under this section.
Section 17. 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 18. 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) "Individualized education program" means a written statement for a student with a
disability that is developed, reviewed, and revised in accordance with the Individuals with
Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
(3) "Lowest performing 25% of students" means the proportion of a school's students
who scored in the lowest 25% of students in the school on a statewide assessment based on the
prior school year's scores.
(4) "Statewide assessment" means one or more of the following, as applicable:
(a) a standards assessment described in Section 
53A-1-604
;
(b) a high school assessment described in Section 
53A-1-611.5
;
(c) a college readiness assessment described in Section 
53A-1-611
; or
(d) an alternate assessment administered to a student with a disability.
Section 19. Section 
53A-1-1103
 is repealed and reenacted to read:
 53A-1-1103.
Statewide school accountability system -- State Board of Education
rulemaking.
(1) There is established a statewide school accountability system.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules to implement the school accountability system in accordance with this
part.
Section 20. Section 
53A-1-1104
 is repealed and reenacted to read:
 53A-1-1104.
Schools included in school accountability system -- Other indicators
and point distribution for a school that serves a special student population.
(1) Except as provided in Subsection (2), the board shall include all public schools in
the state in the school accountability system established under this part.
(2) The board shall exempt from the school accountability system:
(a) a school in which the number of students tested on a statewide assessment is lower
than the minimum sample size necessary, based on acceptable professional practice for
statistical reliability, or when release of the information would violate 20 U.S.C. Sec. 1232h,
the prevention of the unlawful release of personally identifiable student data;
(b) a school in the school's first year of operations if the school's local school board or
charter school governing board requests the exemption; or
(c) a high school in the school's second year of operations if the school's local school
board or charter school governing board requests the exemption.
(3) Notwithstanding the provisions of this part, the board may use, to appropriately
assess the educational impact of a school that serves a special student population:
(a) other indicators in addition to the indicators described in Section 
53A-1-1106
 or
53A-1-1107
; or
(b) different point distribution than the point distribution described in Section
53A-1-1108
.
Section 21. Section 
53A-1-1105
 is repealed and reenacted to read:
 53A-1-1105.
Rating schools.
(1) Except as provided in Subsection (3), and in accordance with this part, the board
shall annually assign to each school an overall rating using an A through F letter grading scale
where, based on the school's performance level on the indicators described in Subsection (2):
(a) an A grade represents an exemplary school;
(b) a B grade represents a commendable school;
(c) a C grade represents a typical school;
(d) a D grade represents a developing school; and
(e) an F grade represents a critical needs school.
(2) A school's overall rating described in Subsection (1) shall be based on the school's
performance on the indicators described in:
(a) Section 
53A-1-1106
, for an elementary school or a middle school; or
(b) Section 
53A-1-1107
, for a high school.
(3) (a) For a school year in which the board determines it is necessary to establish, due
to a transition to a new assessment, a new baseline to determine student growth described in
Section 
53A-1-1111
, the board is not required to assign an overall rating described in
Subsection (1) to a school to which the new baseline applies.
(b) For the 2017-2018 school year, the board:
(i) shall evaluate a school based on the school's performance level on the indicators
described in Subsection (2) and in accordance with this part; and
(ii) is not required to assign a school an overall rating described in Subsection (1).
Section 22. Section 
53A-1-1106
 is repealed and reenacted to read:
 53A-1-1106.
Indicators for elementary and middle schools.
For an elementary school or a middle school, the board shall assign the school's overall
rating, in accordance with Section 
53A-1-1108
, based on the school's performance on the
following indicators:
(1) academic achievement as measured by performance on a statewide assessment of
English language arts, mathematics, and science;
(2) academic growth as measured by progress from year to year on a statewide
assessment of English language arts, mathematics, and science; and
(3) equitable educational opportunity as measured by:
(a) academic growth of the lowest performing 25% of students as measured by
progress of the lowest performing 25% of students on a statewide assessment of English
language arts, mathematics, and science; and
(b) except as provided in Section 
53A-1-1110
, English learner progress as measured by
performance on an English learner assessment established by the board.
Section 23. Section 
53A-1-1107
 is repealed and reenacted to read:
 53A-1-1107.
Indicators for high schools.
For a high school, in accordance with Section 
53A-1-1108
, the board shall assign the
school's overall rating based on the school's performance on the following indicators:
(1) academic achievement as measured by performance on a statewide assessment of
English language arts, mathematics, and science;
(2) academic growth as measured by progress from year to year on a statewide
assessment of English language arts, mathematics, and science;
(3) equitable educational opportunity as measured by:
(a) academic growth of the lowest performing 25% of students as measured by
progress of the lowest performing 25% of students on a statewide assessment of English
language arts, mathematics, and science; and
(b) except as provided in Section 
53A-1-1110
, English learner progress as measured by
performance on an English learner assessment established by the board; and
(4) postsecondary readiness as measured by:
(a) the school's graduation rate, as described in Section 
53A-1-1108
;
(b) student performance, as described in Section 
53A-1-1108
, on a college readiness
assessment described in Section 
53A-1-611
; and
(c) student achievement in advanced course work, as described in Section 
53A-1-1108
.
Section 24. Section 
53A-1-1108
 is repealed and reenacted to read:
 53A-1-1108.
Calculation of points.
(1) (a) The board shall award to a school points for academic achievement described in
Subsection 
53A-1-1106
(1) or 
53A-1-1107
(1) as follows:
(i) the board shall award a school points proportional to the percentage of the school's
students who, out of all the school's students who take a statewide assessment of English
language arts, score at or above the proficient level on the assessment;
(ii) the board shall award a school points proportional to the percentage of the school's
students who, out of all the school's students who take a statewide assessment of mathematics,
score at or above the proficient level on the assessment; and
(iii) the board shall award a school points proportional to the percentage of the school's
students who, out of all the school's students who take a statewide assessment of science, score
at or above the proficient level on the assessment.
(b) (i) The maximum number of total points possible for academic achievement
described in Subsection (1)(a) is 56 points.
(ii) The maximum number of points possible for a component listed in Subsection
(1)(a)(i), (ii), or (iii) is one-third of the number of points described in Subsection (1)(b)(i).
(2) (a) Subject to Subsection (2)(b), the board shall award to a school points for
academic growth described in Subsection 
53A-1-1106
(2) or 
53A-1-1107
(2) as follows:
(i) the board shall award a school points for growth of the school's students on a
statewide assessment of English language arts;
(ii) the board shall award a school points for growth of the school's students on a
statewide assessment of mathematics; and
(iii) the board shall award a school points for growth of the school's students on a
statewide assessment of science.
(b) The board shall determine points for growth awarded under Subsection (2)(a) by
indexing the points based on:
(i) whether a student's performance on a statewide assessment is equal to or exceeds
the student's academic growth target; and
(ii) the amount of a student's growth on a statewide assessment compared to other
students with similar prior assessment scores.
(c) (i) The maximum number of total points possible for academic growth described in
Subsection (2)(a) is 56 points.
(ii) The maximum number of points possible for a component listed in Subsection
(2)(a)(i), (ii), or (iii) is one-third of the number of points described in Subsection (2)(c)(i).
(3) (a) Subject to Subsection (3)(b), the board shall award to a school points for
equitable educational opportunity described in Subsection 
53A-1-1106
(3) or 
53A-1-1107
(3) as
follows:
(i) the board shall award a school points for growth of the school's lowest performing
25% of students on a statewide assessment of English language arts;
(ii) the board shall award a school points for growth of the school's lowest performing
25% of students on a statewide assessment of mathematics;
(iii) the board shall award a school points for growth of the school's lowest performing
25% of students on a statewide assessment of science; and
(iv) except as provided in Section 
53A-1-1110
, the board shall award to a school points
proportional to the percentage of English learners who achieve adequate progress as
determined by the board on an English learner assessment established by the board.
(b) The board shall determine points for academic growth awarded under Subsection
(3)(a)(i), (ii), or (iii) by indexing the points based on the amount of a student's growth on a
statewide assessment compared to other students with similar prior assessment scores.
(c) (i) The maximum number of total points possible for equitable educational
opportunity described in Subsection (3)(a) is 38 points.
(ii) The maximum number of points possible for the components listed in Subsection
(3)(a)(i), (ii), and (iii), combined, is 25 points.
(iii) The maximum number of points possible for a component listed in Subsection
(3)(a)(i), (ii), or (iii) is one-third of the number of the combined points described in Subsection
(3)(c)(ii).
(iv) The maximum number of points possible for the component listed in Subsection
(3)(a)(iv) is 13 points.
(4) (a) The board shall award to a high school points for postsecondary readiness
described in Subsection 
53A-1-1107
(4) as follows:
(i) the board shall award to a high school points proportional to the percentage of the
school's students who, out of all the school's students who take a college readiness assessment
described in Section 
53A-1-611
, receive a composite score of at least 18 on the assessment;
(ii) the board shall award to a high school points proportional to the percentage of the
school's students who achieve at least one of the following:
(A) a C grade or better in an Advanced Placement course;
(B) a C grade or better in a concurrent enrollment course;
(C) a C grade or better in an International Baccalaureate course; or
(D) completion of a career and technical education pathway, as defined by the board;
and
(iii) in accordance with Subsection (4)(c), the board shall award to a high school points
proportional to the percentage of the school's students who graduate from the school.
(b) (i) The maximum number of total points possible for postsecondary readiness
described in Subsection (4)(a) is 75 points.
(ii) The maximum number of points possible for a component listed in Subsection
(4)(a)(i), (ii), or (iii) is one-third of the number of points described in Subsection (4)(b)(i).
(c) (i) In calculating the percentage of students who graduate described in Subsection
(4)(a)(iii), except as provided in Subsection (4)(c)(ii), the board shall award to a high school
points proportional to the percentage of the school's students who graduate from the school
within four years.
(ii) The board may award up to 10% of the points allocated for high school graduation
described in Subsection (4)(b)(ii) to a school for students who graduate from the school within
five years.
Section 25. Section 
53A-1-1109
 is repealed and reenacted to read:
 53A-1-1109.
Calculation of total points awarded -- Maximum number of total
points possible.
(1) Except as provided in Section 
53A-1-1110
, the board shall calculate the number of
total points awarded to a school by totaling the number of points the board awards to the school
in accordance with Section 
53A-1-1108
.
(2) The maximum number of total points possible under Subsection (1) is:
(a) for an elementary school or a middle school, 150 points; or
(b) for a high school, 225 points.
Section 26. Section 
53A-1-1110
 is repealed and reenacted to read:
 53A-1-1110.
Exclusion of English learner progress -- Calculation of total points
awarded for a school with fewer than 10 English learners.
(1) For a school that has fewer than 10 English learners, the board shall:
(a) exclude the use of English learner progress in determining the school's overall
rating by:
(i) awarding no points to the school for English learner progress described in
Subsection 
53A-1-1108
(3)(a)(iv); and
(ii) excluding the points described in Subsection 
53A-1-1108
(3)(c)(iv) from the
school's maximum points possible; and
(b) calculate the number of total points awarded to the school by totaling the number of
points the board awards to the school in accordance with Section 
53A-1-1108
 subject to the
exclusion described in Subsection (1)(a).
(2) The maximum number of total points possible under Subsection (1) is:
(a) for an elementary school or a middle school, 137 points; or
(b) for a high school, 212 points.
Section 27. Section 
53A-1-1111
 is repealed and reenacted to read:
 53A-1-1111.
State Board of Education duties -- Proficient level -- Student growth
-- English learner adequate progress.
(1) (a) For the purpose of determining whether a student scores at or above the
proficient level on a statewide assessment, the board shall determine, through a process that
evaluates student performance based on specific criteria, the minimum level that demonstrates
proficiency for each statewide assessment.
(b) If the board adjusts the minimum level that demonstrates proficiency described in
Subsection (1)(a), the board shall report the adjustment and the reason for the adjustment to the
Education Interim Committee no later than 30 days after the day on which the board makes the
adjustment.
(2) (a) For the purpose of determining whether a student's performance on a statewide
assessment is equal to or exceeds the student's academic growth target, the board shall
calculate, for each individual student, the amount of growth necessary to achieve or maintain
proficiency by a future school year determined by the board.
(b) For the purpose of determining the amount of a student's growth on a statewide
assessment compared to other students with similar prior assessment scores, the board shall
calculate growth as a percentile for a student using appropriate statistical methods.
(3) For the purpose of determining whether an English learner achieves adequate
progress on an English learner assessment established by the board, the board shall determine
the minimum progress that demonstrates adequate progress.
Section 28. Section 
53A-1-1112
 is repealed and reenacted to read:
 53A-1-1112.
Reporting.
(1) The board shall annually publish on the board's website a report card that includes
for each school:
(a) the school's overall rating described in Subsection 
53A-1-1105
(1);
(b) the school's performance on each indicator described in:
(i) Section 
53A-1-1106
, for an elementary school or a middle school; or
(ii) Section 
53A-1-1107
, for a high school;
(c) information comparing the school's performance on each indicator described in
Subsection (1)(b) with:
(i) the average school performance; and
(ii) the school's performance in all previous years for which data is available;
(d) the percentage of students who participated in statewide assessments;
(e) for an elementary school, the percentage of students who read on grade level in
grades 1 through 3; and
(f) for a high school, performance on Advanced Placement exams.
(2) A school may include in the school's report card described in Subsection (1) up to
two self-reported school quality indicators that:
(a) are approved by the board for inclusion; and
(b) may include process or input indicators.
(3) (a) The board shall develop an individualized student achievement report that
includes:
(i) information on the student's level of proficiency as measured by a statewide
assessment; and
(ii) a comparison of the student's academic growth target and actual academic 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 (3)(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 29. Section 
53A-1-1113.5
 is enacted to read:
 53A-1-1113.5.
Overall rating based on student performance -- Establishment of
performance thresholds and criteria -- Report during interim.
(1) As used in this section, "statewide assessment" means one or more of the following,
as applicable:
(a) a standards assessment described in Section 
53A-1-604
;
(b) a high school assessment described in Section 
53A-1-611.5
;
(c) a college readiness assessment described in Section 
53A-1-611
; or
(d) an alternate assessment administered to a student with a disability.
(2) (a) The board shall calculate a school's grade for the 2016-2017 school year in
accordance with Part 11, School Grading Act.
(b) For the 2017-2018 school year, the board:
(i) shall evaluate a school based on the school's performance level on the indicators
described in Subsection (7); and
(ii) is not required to assign a school an overall rating.
(c) The board shall assign a school an overall rating for the 2018-2019 school year or a
school year thereafter in accordance with Subsection (3).
(3) The board shall assign a school an overall rating using an A through F letter
grading scale where, based on the school's performance level on the indicators described in
Subsection (7):
(a) an A grade represents an exemplary school;
(b) a B grade represents a commendable school;
(c) a C grade represents a typical school;
(d) a D grade represents a developing school; and
(e) an F grade represents a critical needs school.
(4) (a) The board shall engage in a criteria setting process to establish:
(i) performance thresholds for the overall ratings described in Subsection (3); and
(ii) a system for assigning a school an overall rating based on evaluating the school's
performance against specific criteria.
(b) In establishing the performance thresholds described in Subsection (4)(a), the board
shall solicit and consider input from:
(i) legislators;
(ii) the governor;
(iii) representatives from local school boards;
(iv) other representatives from school districts, including superintendents;
(v) representatives from charter school governing boards;
(vi) other representatives from charter schools;
(vii) teachers; and
(viii) parents.
(5) On or before the Education Interim Committee's September 2017 interim meeting,
the board shall report to the Education Interim Committee:
(a) the performance thresholds and criteria described in Subsection (4), including
rationale and documentation of the procedures used to develop the performance thresholds and
criteria; and
(b) a sample report card for a school, including a sample display of:
(i) the school's overall rating described in Subsection (3);
(ii) the school's performance on each indicator described in Subsection (7);
(iii) information comparing the school's performance on each indicator described in
Subsection (7) with:
(A) the average school performance; and
(B) the school's performance in all previous years for which data is available;
(iv) the percentage of students who participated in statewide assessments;
(v) for an elementary school, the percentage of students who read on grade level in
grades 1 through 3;
(vi) for a high school, performance on Advanced Placement exams; and
(vii) up to two school-reported school quality indicators that may include process or
input indicators.
(6) On or before October 31, 2017, the Education Interim Committee shall make
recommendations related to the board's report described in Subsection (5) to the Legislative
Management Committee.
(7) A school's overall rating described in Subsection (3) shall be based on the school's
performance on the following indicators:
(a) for a school:
(i) academic achievement as measured by performance on a statewide assessment of
English language arts, mathematics, and science;
(ii) academic growth as measured by progress from year to year on a statewide
assessment of English language arts, mathematics, and science; and
(iii) equitable educational opportunity as measured by:
(A) academic growth of the lowest performing 25% of students as measured by
progress of the lowest performing 25% of students on a statewide assessment of English
language arts, mathematics, and science; and
(B) English learner progress as measured by performance on an English learner
assessment established by the board; and
(b) for a high school, in addition to the indicators described in Subsection (7)(a),
postsecondary readiness as measured by:
(i) the school's graduation rate;
(ii) student performance on a college readiness assessment described in Section
53A-1-611
; and
(iii) student achievement in advanced course work.
Section 30. 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 school accountability system established
in Part 11, School Accountability System.
[
(8)
] 
(9)
 "School grade" or "grade" means the letter grade assigned to a school 
as the
school's overall rating
 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 31. 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 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 the board is not required to assign an overall rating in accordance with Section
53A-1-1105
.
Section 32. 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 
each year
, 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
described in Section 
53A-1-602
;
(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 improves by at least one letter grade, as
determined by the board under Subsection (3)(b).
(b) The board shall determine whether a low performing school's grade has improved
under Subsection (3)(a)(ii) by comparing the school's letter grade for the school year prior to
the initial remedial year to the school's letter grade:
(i) for the final remedial year; or
(ii) for the last school year of the extension period if, as described in Section
53A-1-1207
:
(A) a school is granted an extension; and
(B) the board extends the contract of the school's independent school turnaround
expert.
(c) In negotiating a contract with an independent school turnaround expert, the board
shall offer:
(i) differentiated amounts of funding based on student enrollment; and
(ii) a higher amount of funding for schools that are in the lowest performing 1% of
schools statewide according to the percentage of possible points earned under the school
[
grading
] 
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 33. Section 
53A-1-1207
 is amended to read:
53A-1-1207.
Consequences for failing to improve the school grade of a low
performing school.
(1) As used in this section, "high performing charter school" means a charter school
that:
(a) satisfies all requirements of state law and board rules;
(b) meets or exceeds standards for student achievement established by the charter
school's charter school authorizer; and
(c) has received at least a [
"B"
] 
B
 grade 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 does not
improve by at least one letter grade, as determined by comparing the school's letter grade for
the school year prior to the initial remedial year to the school's letter grade for the final
remedial year.
(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
]
accountability
 system by at least:
(i) 25% for [
a school that is not a high school; and
] 
an elementary school or a middle
school; or
(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
] 
accountability
 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) 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) 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 by at least one letter grade, as determined by
comparing the school's letter grade for the school year prior to the initial remedial year to the
school's letter grade for the final remedial year; and
(ii) is not granted an extension under Subsection (2); or
(b) (i) is granted an extension under Subsection (2); and
(ii) does not improve the school's grade by at least one letter grade, as determined by
comparing the school's letter grade for the school year prior to the initial remedial year to the
school's letter grade for the last school year of the extension period.
(4) The board shall ensure that the rules established under Subsection (3) include a
mechanism for:
(a) restructuring a district school that may include:
(i) contract management;
(ii) conversion to a charter school; or
(iii) state takeover; and
(b) restructuring a charter school that may include:
(i) termination of a school's charter;
(ii) closure of a charter school; or
(iii) transferring operation and control of the charter school to:
(A) a high performing charter school; or
(B) the school district in which the charter school is located.
Section 34. 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"
] 
F
 grade or
[
"D"
] 
D
 grade 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 35. Section 
53A-1a-106
 is amended to read:
53A-1a-106.
School district and individual school powers -- Student
education/occupation plan (SEOP) 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
] 
the core
standards for Utah public schools
 through the use of diverse assessment instruments such as
authentic [
and criterion referenced tests
] 
assessments
, 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" 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) 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
]
toward
 meeting student achievement standards as defined in [
U-PASS
] 
the core standards for
Utah public schools
;
(B) planning, monitoring, and managing education and career development; and
(C) involving students, parents, and school personnel in preparing and implementing
SEPs and SEOPs.
(iv) A parent may request conferences with school personnel in addition to SEP or
SEOP conferences established by local school board policy.
(v) Time spent during the school day to implement SEPs and SEOPs 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 36. Section 
53A-1a-504
 is amended to read:
53A-1a-504.
Charter school application -- Applicants -- Contents.
(1) (a) An application to establish a charter school may be submitted by:
(i) an individual;
(ii) a group of individuals; or
(iii) a nonprofit legal entity organized under Utah law.
(b) An authorized charter school may apply under this chapter for a charter from
another charter school authorizer.
(2) A charter school application shall include:
(a) the purpose and mission of the school;
(b) except for a charter school authorized by a local school board, a statement that,
after entering into a charter agreement, the charter school will be organized and managed under
Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act;
(c) a description of the governance structure of the school, including:
(i) a list of the governing board members that describes the qualifications of each
member; and
(ii) an assurance that the applicant shall, within 30 days of authorization, provide the
authorizer with the results of a background check for each member;
(d) a description of the target population of the school that includes:
(i) the projected maximum number of students the school proposes to enroll;
(ii) the projected school enrollment for each of the first three years of school operation;
and
(iii) the ages or grade levels the school proposes to serve;
(e) academic goals;
(f) qualifications and policies for school employees, including policies that:
(i) comply with the criminal background check requirements described in Section
53A-1a-512.5
;
(ii) require employee evaluations; and
(iii) address employment of relatives within the charter school;
(g) a description of how the charter school will provide, as required by state and federal
law, special education and related services;
(h) for a public school converting to charter status, arrangements for:
(i) students who choose not to continue attending the charter school; and
(ii) teachers who choose not to continue teaching at the charter school;
(i) a statement that describes the charter school's plan for establishing the charter
school's facilities, including:
(i) whether the charter school intends to lease or purchase the charter school's facilities;
and
(ii) financing arrangements;
(j) a market analysis of the community the school plans to serve;
(k) a capital facility plan;
(l) a business plan;
(m) other major issues involving the establishment and operation of the charter school;
and
(n) the signatures of the governing board members of the charter school.
(3) A charter school authorizer may require a charter school application to include:
(a) the charter school's proposed:
(i) curriculum;
(ii) instructional program; or
(iii) delivery methods;
(b) a method for assessing whether students are reaching academic goals, including, at
a minimum, [
participation in the Utah Performance Assessment System for Students under
Chapter 1, Part 6, Achievement Tests
] 
administering the statewide assessments described in
Section 
53A-1-602
;
(c) a proposed calendar;
(d) sample policies;
(e) a description of opportunities for parental involvement;
(f) a description of the school's administrative, supervisory, or other proposed services
that may be obtained through service providers; or
(g) other information that demonstrates an applicant's ability to establish and operate a
charter school.
Section 37. 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 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 38. Section 
53A-15-1303
 is enacted to read:
 53A-15-1303.
Youth suicide prevention training for employees.
(1) A school district or charter school shall require a licensed employee to complete
two hours of professional development training on youth suicide prevention within the
employee's license cycle described in Section 
53A-6-104
.
(2) The board shall:
(a) develop or adopt sample materials to be used by a school district or charter school
for professional development training on youth suicide prevention; and
(b) in rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, incorporate the training described in Subsection (1) into professional
development training described in Section 
53A-6-104
.
Section 39. 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
] 
statewide assessments described in Section
53A-1-602
;
(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 40. Section 
53A-25b-304
 is amended to read:
53A-25b-304.
Administration of statewide assessments.
The Utah Schools for the Deaf and the Blind shall annually administer, as applicable,
the [
U-PASS tests specified
] 
statewide assessments described
 in Section 
53A-1-602
, except a
student may take an alternative test in accordance with the student's IEP.
Section 41. 
Repealer.
This bill repeals:
Section 
53A-1-1104.5
,
Two school grades assigned to a combination school.
Section 
53A-1-1107.5
,
Growth target established to determine whether a student
demonstrates sufficient growth in a subject.
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 42. 
Effective date.
(1) Except as provided in Subsections (2) and (3), this bill takes effect on July 1, 2017.
(2) The following sections take effect on November 1, 2017:
(a) Section 
53A-1-1101
;
(b) Section 
53A-1-1102
;
(c) Section 
53A-1-1103
;
(d) Section 
53A-1-1104
;
(e) Section 
53A-1-1105
;
(f) Section 
53A-1-1106
;
(g) Section 
53A-1-1107
;
(h) Section 
53A-1-1108
;
(i) Section 
53A-1-1109
;
(j) Section 
53A-1-1110
;
(k) Section 
53A-1-1111
;
(l) Section 
53A-1-1112
;
(m) Section 
53A-1-1202
;
(n) Section 
53A-1-1203
;
(o) Section 
53A-1-1206
;
(p) Section 
53A-1-1207
;
(q) Section 
53A-1-1209
; and
(r) Section 
53A-1a-510
.
(3) The following sections are repealed on November 1, 2017:
(a) Section 
53A-1-1104.5
;
(b) Section 
53A-1-1107.5
;
(c) Section 
53A-1-1113
;
(d) Section 
53A-1-1113.5
;
(e) Section 
53A-3-601
;
(f) Section 
53A-3-602.5
; and
(g) Section 
53A-3-603
.
Section 43. 
Revisor instructions.
The Legislature intends that, on November 1, 2017, the Office of Legislative Research
and General Counsel, in preparing the Utah Code database for publication, replace the
reference in Subsection 
53A-1-413
(7)(g) to "Part 11, School Grading Act" with "Part 11,
School Accountability System."