Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 408 (2018GS)

Sponsor

Rep. Moss, J.

Final action

Governor Signed 3/20/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends defined terms for the Utah Data Research Center; and
• enacts Title 53E, Chapter 10, Part 7, ULEAD, including:
• defining terms;
• creating and defining the duties of the Director Selection Committee;
• enacting the qualifications, duties, and functions of the ULEAD director (director);
• authorizing the director to collaborate or arrange with participating universities;
• enacting language requiring the director to create and maintain electronic resources and a research clearinghouse; and
• creating and defining the duties of the ULEAD Steering Committee.

Every vote on this bill

Bill text

PUBLIC EDUCATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jefferson Moss
Senate Sponsor: 
Ann Millner
Cosponsors:
Walt Brooks
Rebecca Chavez-Houck
Brad M. Daw
Justin L. Fawson
Timothy D. Hawkes
Karen Kwan
A. Cory Maloy
Carol Spackman Moss
Derrin R. Owens
Marie H. Poulson
Susan Pulsipher
Tim Quinn
V. Lowry Snow
Christine F. Watkins
Logan Wilde
Mike Winder
LONG TITLE
General Description:
This bill creates the program Utah Leading through Effective, Actionable, and Dynamic
Education.
Highlighted Provisions:
This bill:
▸ amends defined terms for the Utah Data Research Center; and
▸ enacts Title 53E, Chapter 10, Part 7, ULEAD, including:
• defining terms;
• creating and defining the duties of the Director Selection Committee;
• enacting the qualifications, duties, and functions of the ULEAD director
(director);
• authorizing the director to collaborate or arrange with participating universities;
• enacting language requiring the director to create and maintain electronic
resources and a research clearinghouse; and
• creating and defining the duties of the ULEAD Steering Committee.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
35A-14-102
, as enacted by Laws of Utah 2017, Chapter 375 and last amended by
Coordination Clause, Laws of Utah 2017, Chapter 382
ENACTS:
53E-10-701
, Utah Code Annotated 1953
53E-10-702
, Utah Code Annotated 1953
53E-10-703
, Utah Code Annotated 1953
53E-10-704
, Utah Code Annotated 1953
53E-10-705
, Utah Code Annotated 1953
53E-10-706
, Utah Code Annotated 1953
53E-10-707
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
35A-14-102
 is amended to read:
35A-14-102.
Definitions.
As used in this chapter:
(1) "Advisory board" means the Utah Data Research Advisory Board created in Section
35A-14-203
.
(2) "Center" means the Utah Data Research Center.
(3) "Data" means any information about a person stored in a physical or electronic
record.
(4) "Data research program" means the data maintained by the center in accordance
with Section 
35A-14-301
.
(5) "De-identified data" means data about a person that cannot, without additional
information, identify the person to another person or machine.
(6) "Director" means the director of the Workforce Research and Analysis Division.
(7) "Participating entity" means:
(a) the State Board of Education
, which includes the director as defined in Section
53E-10-701
;
(b) the State Board of Regents;
(c) the Utah System of Technical Colleges Board of Trustees;
(d) the Department of Workforce Services; and
(e) the Department of Health.
Section 2. Section 
53E-10-701
 is enacted to read:
Part 7. ULEAD
 53E-10-701.
Definitions.
As used in this part:
(1) "Board" means the State Board of Education.
(2) "Director" means the director of ULEAD appointed under this part.
(3) "Director Selection Committee" or "selection committee" means the committee
created in Section 
53E-10-703
 that appoints the director.
(4) "Local education agency" or "LEA" means a public:
(a) school district;
(b) school; or
(c) charter school.
(5) "Participating institution" means a public or private research institution that enters
into an arrangement with the director to provide research and other services described in this
part.
(6) "Research clearinghouse" means a collection of information maintained and
distributed by ULEAD in accordance with Section 
53E-10-705
.
(7) "Steering committee" means the committee that advises the director and is created
in Section 
53E-10-706
.
(8) "ULEAD" means Utah Leading through Effective, Actionable, and Dynamic
Education through the efforts of the director, participating institutions, and the steering
committee as described in this part.
Section 3. Section 
53E-10-702
 is enacted to read:
 53E-10-702.
ULEAD established -- Duties -- Funding.
There is created the Utah Leading through Effective, Actionable, and Dynamic
Education, a collaborative effort in research and innovation between the director, participating
institutions, and education leaders to:
(1) gather and explain current education research in an electronic research
clearinghouse for use by practitioners;
(2) initiate and disseminate research reports on innovative and successful practices by
Utah LEAs, and guided by the steering committee, practitioners, and policymakers;
(3) promote statewide innovation and collaboration by:
(a) identifying experts in areas of practice;
(b) conducting conferences, webinars, and online forums for practitioners; and
(c) facilitating direct collaboration between schools; and
(4) (a) report to the Legislature and policymakers on innovative and successful K-12
practices; and
(b) in the report, propose policy changes to remove barriers to implementation of
successful practices.
Section 4. Section 
53E-10-703
 is enacted to read:
 53E-10-703.
ULEAD director -- Qualification and employment -- Duties --
Reporting -- Annual conference.
(1) The ULEAD director shall:
(a) (i) hold a doctorate degree in education or an equivalent degree; and
(ii) have demonstrated experience in research and dissemination of best practices in
education; and
(b) (i) be a full-time employee; and
(ii) report to the state superintendent of public instruction.
(2) The state superintendent shall:
(a) evaluate the director's performance annually;
(b) report on the director's performance to the selection committee; and
(c) provide space for the director and the director's staff.
(3) The director may hire staff, using only money specifically appropriated to ULEAD.
(4) The director shall perform the following duties and functions:
(a) gather current research on innovative and effective practices in K-12 education for
use by policymakers and practitioners;
(b) facilitate collaboration between LEAs, higher education researchers, and
practitioners by:
(i) sharing innovative and effective practices shown to improve student learning;
(ii) identifying experts in specific areas of practice; and
(iii) maintaining a research clearinghouse and directory of researchers; and
(c) analyze barriers to replication or adaption of innovative and successful practices
studied by ULEAD or contributed to the ULEAD research clearinghouse.
(5) The director shall:
(a) prioritize reports and other research based on recommendations of the steering
committee in accordance with Subsection 
53E-10-707
(5), and after consulting with individuals
described in Subsection 
53E-10-707
(6);
(b) identify Utah LEAs, or schools outside the public school system, that are:
(i) innovative in specific areas of practice; and
(ii) more effective or efficient than comparable LEAs in improving student learning;
(c) establish criteria for innovative practice reports to be performed by participating
institutions and included in the research clearinghouse, including report templates;
(d) arrange with participating institutions to generate innovative practice reports on
effective and innovative K-12 education practices; and
(e) (i) disseminate each innovative practice report to LEAs; and
(ii) publish innovative practice reports on the ULEAD website.
(6) In an innovative practice report, a participating institution shall:
(a) include or reference a review of research regarding the practice in which the subject
LEA has demonstrated success;
(b) identify through academically acceptable, evidence-based research methods the
causes of the LEA's successful practice;
(c) identify opportunities for LEAs to adopt or customize innovative or best practices;
(d) address limitations to successful replication or adaptation of the successful practice
by other LEAs, which may include barriers arising from federal or state law, state or LEA
policy, socioeconomic conditions, or funding limitations;
(e) include practical templates for successful replication and adaptation of successful
practices, following criteria established by the director;
(f) identify experts in the successful practice that is the subject of the innovative
practice report, including teachers or administrators at the subject LEA; and
(g) include:
(i) an executive summary describing the innovative practice report; and
(ii) a video component or other elements designed to ensure that an innovative practice
report is readily understandable by practitioners.
(7) The director may, if requested by an LEA leader or policymaker, conduct an
evidence-based review of a possible innovation in an area of practice.
(8) The director may also accept innovative practice reports from trained practitioners
that meet the criteria set by the director.
(9) The director or a participating institution, to enable successful replication or
adaption of successful practices, may recommend to:
(a) the Legislature, amendments to state law; or
(b) the board, revisions to board rule or policy.
(10) The director shall:
(a) report on the activities of ULEAD annually to the board; and
(b) provide reports or other information to the board upon board request.
(11) The director shall:
(a) prepare an annual report on ULEAD research and other activities;
(b) on or before September 30, submit the annual report:
(i) to the Education Interim Committee and the Public Education Appropriations
Subcommittee; and
(ii) in accordance with Section 
68-3-14
;
(c) publish the annual report on the ULEAD website; and
(d) disseminate the report to LEAs through electronic channels.
(12) The director shall facilitate and conduct an annual conference on successful and
innovative K-12 education practices, featuring:
(a) Utah education leaders; and
(b) practitioners and researchers, chosen by the director, to discuss the subjects of LEA
and other ULEAD activities, or other innovative and successful education practices.
Section 5. Section 
53E-10-704
 is enacted to read:
 53E-10-704.
Director Selection Committee -- Membership -- Powers and duties --
Compensation.
(1) There is created the Director Selection Committee to appoint the director.
(2) The selection committee shall consist of the following nine members each
appointed for two-year staggered terms, with the initial terms of the members described in
Subsections (2)(a), (b), and (c) to be three years:
(a) one member of the office of the governor, who is the chair of the selection
committee and appointed by the governor;
(b) one member of the House of Representatives, appointed by the speaker of the
House of Representatives;
(c) one member of the Senate, appointed by the president of the Senate;
(d) one member of the board, appointed by the chair of the board;
(e) one member of the Board of Regents, appointed by the chair of the Board of
Regents;
(f) one member appointed by the state superintendent of public instruction;
(g) one member of the State Charter School Board, appointed by the chair of the State
Charter School Board;
(h) one member of the Utah School Boards Association recognized in Section
53G-4-502
, appointed by the association executive director; and
(i) one member of a state association that represents school superintendents, appointed
by the association executive director.
(3) (a) A member of the selection committee may be appointed for more than one term.
(b) If a midterm vacancy occurs on the selection committee, the appointing individual,
as described in Subsection (2), for the vacant position shall appoint an individual for the
remainder of the term.
(4) A majority of the members shall constitute a quorum for the transaction of selection
committee business.
(5) (a) The selection committee shall select and appoint a director for a four-year term.
(b) The director may be appointed for more than one term.
(6) (a) In a year in which the director is appointed, the selection committee shall:
(i) solicit applications for the director position to be submitted no later than June 1;
(ii) hold at least two meetings to discuss candidates for the open director position; and
(iii) select and appoint by majority vote a candidate to fill the director position to begin
employment no later than August 1.
(b) Notwithstanding Subsection (6)(a), if a midterm vacancy in the director position
occurs, the selection committee shall:
(i) no later than 25 business days after the day on which the position is vacated, solicit
applications for the director position;
(ii) hold at least two meetings to discuss candidates for the vacant position; and
(iii) no later than 60 business days after the day on which the position is vacated, select
a candidate to fill the director position for the remainder of the term.
(7) (a) The selection committee:
(i) may remove a director before the completion of the director's term only by a
majority vote of the selection committee; and
(ii) is the only person empowered to remove the director.
(b) The chair shall hold a meeting to consider removing the director upon request of
two or more selection committee members.
(8) A member of the selection committee may not receive compensation except a
member who is a legislator shall receive compensation for travel and other expense
reimbursements in accordance with Section 
36-2-2
.
(9) The selection committee shall:
(a) establish criteria for evaluation of the ULEAD program, including the degree of
participation by participating institutions and practitioners; and
(b) evaluate the effectiveness of ULEAD every four years for purposes of continuing
the program.
(10) The selection committee shall hold a meeting described in this section in
accordance with Title 52, Chapter 4, Open and Public Meetings Act.
Section 6. Section 
53E-10-705
 is enacted to read:
 53E-10-705.
Participating institutions.
(1) The director may arrange or collaborate with a participating institution:
(a) to conduct an innovative practice report or provide other research services,
including research regarding barriers to adoption of practices studied by ULEAD;
(b) to assist an LEA to:
(i) facilitate communities of practice for replication or adaptation of best practices
identified by ULEAD; and
(ii) advise teachers and school leaders on conducting their own research to improve
education practices;
(c) to assist an LEA with an application to the board for waiver from a board rule in
accordance with Section 
53G-7-202
 to allow replication or adaptation of best practices; or
(d) for any other purpose that is consistent with and advances the director's duties and
functions.
(2) An agreement entered into by a participating institution with the board or an LEA
to perform ULEAD work shall:
(a) include provisions allowing and governing external research data sharing; and
(b) comply with state and federal law.
(3) The director shall support federal and private research funding requests by a
participating institution for research that is in support of the director's duties and functions.
Section 7. Section 
53E-10-706
 is enacted to read:
 53E-10-706.
Electronic resources -- Research clearinghouse.
(1) The board shall publish a ULEAD website containing information provided by the
director as described in this part.
(2) The director shall within two years of appointment:
(a) develop and maintain a research clearinghouse publicly available through the
website described in Subsection (1); and
(b) include in the research clearinghouse:
(i) research on K-12 education, including peer-reviewed research;
(ii) information on K-12 education innovation and best practices;
(iii) an index and explanation of academic, state, federal, or other K-12 education
research repositories;
(iv) K-12 education research and policy briefs generated by Utah public and private
institutions of higher education, including participating institutions, categorized and searchable
by topic;
(v) access points to and explanation of currently available K-12 education data,
including data managed by the Utah Data Research Center created in Section 
35A-14-201
 and
data maintained by the board;
(vi) other K-12 education information as determined by the director, including
information regarding efforts by institutions or other individuals to promote innovative and
effective education practices in Utah; and
(vii) each innovative practice report prepared by ULEAD, categorized and searchable
by topic, location of the studied LEA, and socioeconomic and demographic profile.
(3) The director shall publish:
(a) an electronic directory of K-12 education experts identified in ULEAD research and
reports
;
 and
(b) a monthly report to LEAs, via electronic channels provided by the board,
highlighting ULEAD activities and soliciting proposals from education practitioners for
ULEAD research and reports.
(4) The director may provide electronic seminars or forums for professional learning
regarding subjects of ULEAD research and reports to K-12 practitioners.
Section 8. Section 
53E-10-707
 is enacted to read:
 53E-10-707.
ULEAD Steering Committee.
(1) (a) There is created the ULEAD Steering Committee.
(b) The director is the chair of the steering committee.
(2) The steering committee shall consist of the following members each appointed for a
term of one year:
(a) the director;
(b) one member appointed by the chair of the board;
(c) the state superintendent of public instruction or the superintendent's designee;
(d) the staff director of the State Charter School Board or the director's designee;
(e) one member appointed by the office of the governor;
(f) one member, appointed by the director, who is a superintendent of a school district;
(g) one member, appointed by the director, of a local school board;
(h) two principals or other public school leaders of public schools that are not charter
schools, appointed by the director;
(i) two principals or other public school leaders of charter schools, appointed by the
director;
(j) two educators who hold a current license under Chapter 6, Education Professional
Licensure, nominated by LEA leaders and appointed by the director; and
(k) two members representing citizens or business, nominated by the members of the
public and appointed by the director.
(3) (a) A member of the steering committee may be appointed for more than one term.
(b) If a midterm vacancy occurs on the steering committee, the appointing individual,
as described in Subsection (2), for the vacant position shall appoint an individual for the
remainder of the term.
(4) (a) The steering committee shall hold a meeting at least semi annually in January
and July or on dates otherwise chosen by the director.
(b) The board shall provide space for the steering committee to meet.
(5) The steering committee shall:
(a) discuss prospective and current ULEAD projects and findings;
(b) consult with and make recommendations to the director to prioritize ULEAD
reports and areas of focused research;
(c) facilitate connections between the director and Utah's political, business, education
technology, and academic communities; and
(d) make recommendations to improve gathering, retaining, and disseminating
education data and research and evaluation findings for use by participating institutions and
other education policy researchers, including data managed by the Utah Data Research Center
created in Section 
35A-14-201
.
(6) In order to determine research priorities for ULEAD, the director shall consult with:
(a) members of the Legislature responsible for public education;
(b) members of Utah professional education associations, including principals and
school boards; and
(c) policy-research centers based in Utah.
(7) The board or state superintendent of public instruction may request that the director
arrange with a participating institution to prepare a report on a specific LEA or area of practice
meeting the criteria established in this part.
(8) A member of the steering committee may not receive compensation except a
member who is a legislator shall receive compensation for travel and other expense
reimbursements in accordance with Section 
36-2-2
.
(9) The steering committee shall hold a meeting described in this section in accordance
with Title 52, Chapter 4, Open and Public Meetings Act.