Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 149 First Substitute (2019GS)

Sponsor

Sen. Millner, A.

Final action

Governor Signed 4/2/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• creates the Teacher and Student Success Program (program);
• provides for the State Board of Education to distribute funds from the Teacher and Student Success Account to the boards of local education agencies for the purposes of the program;
• requires the board of a local education agency to create guidelines for the creation of school outcome-based program plans;
• provides for the board of a local education agency to use and distribute program money;
• requires a school to make an outcome-based program plan for the use of program money;
• provides for oversight of school efforts to improve outcomes according to the school's program plan;
• repeals provisions related to school improvement plans;
• replaces references to a school improvement plan with references to the outcome-based school program plan required under the program;
• repeals provisions related to reading achievement plans; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

TEACHER AND STUDENT SUCCESS ACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ann Millner
House Sponsor: 
Jefferson Moss
LONG TITLE
General Description:
This bill creates the Teacher and Student Success Program.
Highlighted Provisions:
This bill:
▸ creates the Teacher and Student Success Program (program);
▸ provides for the State Board of Education to distribute funds from the Teacher and
Student Success Account to the boards of local education agencies for the purposes
of the program;
▸ requires the board of a local education agency to create guidelines for the creation of
school outcome-based program plans;
▸ provides for the board of a local education agency to use and distribute program
money;
▸ requires a school to make an outcome-based program plan for the use of program
money;
▸ provides for oversight of school efforts to improve outcomes according to the
school's program plan;
▸ repeals provisions related to school improvement plans;
▸ replaces references to a school improvement plan with references to the
outcome-based school program plan required under the program;
▸ repeals provisions related to reading achievement plans; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53F-5-203
, as last amended by Laws of Utah 2018, Chapter 22 and renumbered and
amended by Laws of Utah 2018, Chapter 2
53G-5-405
, as renumbered and amended by Laws of Utah 2018, Chapter 3
53G-7-1202
, as last amended by Laws of Utah 2018, Chapters 107 and 448
53G-7-1203
, as last amended by Laws of Utah 2018, Chapter 448
53G-7-1206
, as enacted by Laws of Utah 2018, Chapter 448
ENACTS:
53F-2-415
, Utah Code Annotated 1953
53G-7-1301
, Utah Code Annotated 1953
53G-7-1302
, Utah Code Annotated 1953
53G-7-1303
, Utah Code Annotated 1953
53G-7-1304
, Utah Code Annotated 1953
53G-7-1305
, Utah Code Annotated 1953
53G-7-1306
, Utah Code Annotated 1953
REPEALS:
53E-4-306
, as renumbered and amended by Laws of Utah 2018, Chapter 1
53G-7-1204
, as renumbered and amended by Laws of Utah 2018, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53F-2-415
 is enacted to read:
 53F-2-415.
Appropriation and distribution for the Teacher and Student Success
Program.
(1) The terms defined in Section 
53G-7-1301
 apply to this section.
(2) Subject to future budget constraints, the Legislature shall annually appropriate
money from the Teacher and Student Success Account described in Section 
53F-9-306
 to the
state board for the Teacher and Student Success Program.
(3) Except as provided in Subsection (5)(a), the state board shall calculate an amount to
distribute to an LEA that is the product of:
(a) the percentage of weighted pupil units in the LEA compared to the total number of
weighted pupil units for all LEAs in the state; and
(b) the amount of the appropriation described in Subsection (2), less the amount
calculated, in accordance with state board rule, for:
(i) an LEA that is in the LEA's first year of operation; and
(ii) the Utah Schools for the Deaf and the Blind.
(4) The state board shall distribute to an LEA an amount calculated for the LEA as
described in Subsection (3) if the LEA governing board of the LEA has submitted an LEA
governing board student success framework as required by the program.
(5) In accordance with this section and Title 53G, Chapter 7, Part 13, Teacher and
Student Success Program, the state board:
(a) shall make rules to calculate an LEA distribution for:
(i) an LEA that is in the LEA's first year of operation; and
(ii) the Utah Schools for the Deaf and the Blind, taking into account all students who
receive services from the Utah Schools for the Deaf and the Blind, regardless of whether a
student is enrolled in another LEA; and
(b) may make rules to distribute funds as described in this section.
Section 2. Section 
53F-5-203
 is amended to read:
53F-5-203.
Interventions for Reading Difficulties Pilot Program.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Dyslexia" means a specific learning disability that is neurological in origin and
characterized by difficulties with accurate or fluent word recognition and by poor spelling and
decoding abilities that typically result from a deficit in the phonological component of language
that is often unexpected in relation to other cognitive abilities and the provision of effective
classroom instruction.
(c) "Local education agency" or "LEA" means:
(i) a school district;
(ii) a charter school; or
(iii) the Utah Schools for the Deaf and the Blind.
(d) "Multi-Tier System of Supports" or "MTSS" means a framework integrating
assessment and intervention that:
(i) provides increasingly intensive interventions for students at risk for or experiencing
reading difficulties, including:
(A) tier II interventions that, in addition to standard classroom reading, provide
supplemental and targeted small group instruction in reading using evidence-based curricula;
and
(B) tier III interventions that address the specific needs of students who are the most at
risk or who have not responded to tier II interventions by providing frequent, intensive, and
targeted small group instruction using evidence-based curricula; and
(ii) is developed to:
(A) maximize student achievement;
(B) reduce behavior problems; and
(C) increase long-term success.
(e) "Program" means the Interventions for Reading Difficulties Pilot Program.
(f) "Reading difficulty" means an impairment, including dyslexia, that negatively
affects a student's ability to learn to read.
(2) There is created the Interventions for Reading Difficulties Pilot Program to provide:
(a) specific evidence-based literacy interventions using an MTSS for students in
kindergarten through grade 5 who are at risk for or experiencing a reading difficulty, including
dyslexia; and
(b) professional development to educators who provide the literacy interventions
described in Subsection (2)(a).
(3) (a) An LEA may submit a proposal to the board to participate in the program.
(b) An LEA proposal described in Subsection (3)(a) shall:
(i) specify:
(A) a range of current benchmark assessment in reading scores described in Section
53E-4-307
 that the LEA will use to determine whether a student is at risk for a reading
difficulty; and
(B) other reading difficulty risk factors that the LEA will use to determine whether a
student is at risk for a reading difficulty;
(ii) describe the LEA's existing reading program;
(iii) describe the LEA's MTSS approach; and
(iv) include any other information requested by the board.
(c) The board may:
(i) specify the format for an LEA proposal; and
(ii) set a deadline for an LEA to submit a proposal.
(4) The board shall:
(a) define criteria for selecting an LEA to participate in the program;
(b) during fiscal year 2016, select five LEAs to participate in the program:
(i) on a competitive basis; and
(ii) using criteria described in Subsection (4)(a); and
(c) provide each LEA, selected as described in Subsection (4)(b), up to $30,000 per
school within the LEA.
(5) During fiscal years 2017, 2018, and 2019, if funding allows, the board may select
additional LEAs to participate in the program.
(6) An LEA that participates in the program:
(a) shall, beginning with the 2016-17 school year, provide the interventions described
in Subsection (7)(c) from the time the LEA is selected until the end of the 2018-19 school year;
and
(b) may provide the professional development described in Subsections (8)(a) and (b)
beginning in fiscal year 2016.
(7) An LEA that participates in the program shall:
(a) select at least one school in the LEA to participate in the program;
(b) identify students in kindergarten through grade 5 for participation in the program
by:
(i) using current benchmark assessment in reading scores as described in Section
53E-4-307
; and
(ii) considering other reading difficulty risk factors identified by the LEA;
(c) provide interventions for each student participating in the program using an MTSS
implemented by an educator trained in evidence-based interventions; 
and
[
(d) include the LEA's proposal submitted under Subsection (3)(b) in the reading
achievement plan described in Section 
53E-4-306
 for each school in the LEA that participates
in the program; and
]
[
(e)
] 
(d)
 report annually to the board on:
(i) individual student outcomes in changes in reading ability;
(ii) school level outcomes; and
(iii) any other information requested by the board.
(8) Subject to funding for the program, an LEA may use the funds described in
Subsection (4)(c) for the following purposes:
(a) to provide for ongoing professional development in evidence-based literacy
interventions;
(b) to support educators in earning a reading interventionist credential that prepares
teachers to provide a student who is at risk for or experiencing reading difficulty, including
dyslexia, with reading intervention that is:
(i) explicit;
(ii) systematic; and
(iii) targeted to a student's specific reading difficulty; and
(c) to implement the program.
(9) The board shall contract with an independent evaluator to evaluate the program on:
(a) whether the program improves reading outcomes for a student who receives the
interventions described in Subsection (7)(c);
(b) whether the program may reduce future special education costs; and
(c) any other student or school achievement outcomes requested by the board.
(10) (a) The board shall make a final report on the program to the Education Interim
Committee on or before November 1, 2018.
(b) In the final report described in Subsection (10)(a), the board shall include the
results of the evaluation described in Subsection (9).
Section 3. Section 
53G-5-405
 is amended to read:
53G-5-405.
Application of statutes and rules to charter schools.
(1) A charter school shall operate in accordance with its charter and is subject to this
public education code and other state laws applicable to public schools, except as otherwise
provided in this chapter and other related provisions.
(2) (a) Except as provided in Subsection (2)(b), State Board of Education rules
governing the following do not apply to a charter school:
(i) school libraries;
(ii) required school administrative and supervisory services; and
(iii) required expenditures for instructional supplies.
(b) A charter school shall comply with rules implementing statutes that prescribe how
state appropriations may be spent.
(3) The following provisions of this public education code, and rules adopted under
those provisions, do not apply to a charter school:
(a) [
Sections
] 
Section
53G-7-1202
 [
and 
53G-7-1204
], requiring the establishment of a
school community council [
and school improvement plan
];
(b) Section 
53G-4-409
, requiring the use of activity disclosure statements;
(c) Section 
53G-7-606
, requiring notification of intent to dispose of textbooks;
(d) Section 
53G-10-404
, requiring annual presentations on adoption;
(e) Sections 
53G-7-304
 and 
53G-7-306
 pertaining to fiscal procedures of school
districts and local school boards; and
(f) Section 
53E-4-408
, requiring an independent evaluation of instructional materials.
(4) For the purposes of Title 63G, Chapter 6a, Utah Procurement Code, a charter
school is considered an educational procurement unit as defined in Section 
63G-6a-103
.
(5) Each charter school shall be subject to:
(a) Title 52, Chapter 4, Open and Public Meetings Act; and
(b) Title 63G, Chapter 2, Government Records Access and Management Act.
(6) A charter school is exempt from Section 
51-2a-201.5
, requiring accounting reports
of certain nonprofit corporations. A charter school is subject to the requirements of Section
53G-5-404
.
(7) (a) The State Charter School Board shall, in concert with the charter schools, study
existing state law and administrative rules for the purpose of determining from which laws and
rules charter schools should be exempt.
(b) (i) The State Charter School Board shall present recommendations for exemption to
the State Board of Education for consideration.
(ii) The State Board of Education shall consider the recommendations of the State
Charter School Board and respond within 60 days.
Section 4. Section 
53G-7-1202
 is amended to read:
53G-7-1202.
School community councils -- Duties -- Composition -- Election
procedures and selection of members.
(1) As used in this section:
(a) "Digital citizenship" means the norms of appropriate, responsible, and healthy
behavior related to technology use, including digital literacy, ethics, etiquette, and security.
(b) "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.
(c) "Educator" means the same as that term is defined in Section 
53E-6-102
.
(d) (i) "Parent or guardian member" means a member of a school community council
who is a parent or guardian of a student who:
(A) is attending the school; or
(B) will be enrolled at the school during the parent's or guardian's term of office.
(ii) "Parent or guardian member" may not include an educator who is employed at the
school.
(e) "School community council" means a council established at a district school in
accordance with this section.
(f) "School employee member" means a member of a school community council who is
a person employed at the school by the school or school district, including the principal.
(g) "School LAND Trust Program money" means money allocated to a school pursuant
to Section 
53F-2-404
.
(2) A district school, in consultation with the district school's local school board, shall
establish a school community council at the school building level for the purpose of:
(a) involving parents or guardians of students in decision making at the school level;
(b) improving the education of students;
(c) prudently expending School LAND Trust Program money for the improvement of
students' education through collaboration among parents and guardians, school employees, and
the local school board; and
(d) increasing public awareness of:
(i) school trust lands and related land policies;
(ii) management of the State School Fund established in Utah Constitution Article X,
Section V; and
(iii) educational excellence.
(3) (a) Except as provided in Subsection (3)(b), a school community council shall:
[
(i) create a school improvement plan in accordance with Section 
53G-7-1204
;
]
[
(ii)
] 
(i)
 create the School LAND Trust Program 
and LAND Trust plan 
 in accordance
with Section 
53G-7-1206
;
[
(iii)
] 
(ii)
 advise and make recommendations to school and school district
administrators and the local school board regarding:
(A) the school and its programs;
(B) school district programs;
(C) a child access routing plan in accordance with Section 
53G-4-402
;
(D) safe technology utilization and digital citizenship; and
(E) other issues relating to the community environment for students;
[
(iv)
] 
(iii)
 provide for education and awareness on safe technology utilization and
digital citizenship that empowers:
(A) a student to make smart media and online choices; and
(B) a parent or guardian to know how to discuss safe technology use with the parent's
or guardian's child; and
[
(v)
] 
(iv)
 partner with the school's principal and other administrators to ensure that
adequate on and off campus Internet filtering is installed and consistently configured to prevent
viewing of harmful content by students and school personnel, in accordance with local school
board policy and Subsection 
53G-7-216
(3).
(b) To fulfill the school community council's duties described in Subsections (3)(a)[
(iv)
and (v)
]
(iii) and (iv)
, a school community council may:
(i) partner with one or more non-profit organizations; or
(ii) create a subcommittee.
(c) A school or school district administrator may not prohibit or discourage a school
community council from discussing issues, or offering advice or recommendations, regarding
the school and its programs, school district programs, the curriculum, or the community
environment for students.
(4) (a) Each school community council shall consist of school employee members and
parent or guardian members in accordance with this section.
(b) Except as provided in Subsection (4)(c) or (d):
(i) each school community council for a high school shall have six parent or guardian
members and four school employee members, including the principal; and
(ii) each school community council for a school other than a high school shall have
four parent or guardian members and two school employee members, including the principal.
(c) A school community council may determine the size of the school community
council by a majority vote of a quorum of the school community council provided that:
(i) the membership includes two or more parent or guardian members than the number
of school employee members; and
(ii) there are at least two school employee members on the school community council.
(d) (i) The number of parent or guardian members of a school community council who
are not educators employed by the school district shall exceed the number of parent or guardian
members who are educators employed by the school district.
(ii) If, after an election, the number of parent or guardian members who are not
educators employed by the school district does not exceed the number of parent or guardian
members who are educators employed by the school district, the parent or guardian members of
the school community council shall appoint one or more parent or guardian members to the
school community council so that the number of parent or guardian members who are not
educators employed by the school district exceeds the number of parent or guardian members
who are educators employed by the school district.
(5) (a) Except as provided in Subsection (5)(f), a school employee member, other than
the principal, shall be elected by secret ballot by a majority vote of the school employees and
serve a two-year term. The principal shall serve as an ex officio member with full voting
privileges.
(b) (i) Except as provided in Subsection (5)(f), a parent or guardian member shall be
elected by secret ballot at an election held at the school by a majority vote of those voting at the
election and serve a two-year term.
(ii) (A) Except as provided in Subsection (5)(b)(ii)(B), only a parent or guardian of a
student attending the school may vote in, or run as a candidate in, the election under Subsection
(5)(b)(i).
(B) If an election is held in the spring, a parent or guardian of a student who will be
attending the school the following school year may vote in, and run as a candidate in, the
election under Subsection (5)(b)(i).
(iii) Any parent or guardian of a student who meets the qualifications of this section
may file or declare the parent's or guardian's candidacy for election to a school community
council.
(iv) (A) Subject to Subsections (5)(b)(iv)(B) and (5)(b)(iv)(C), a timeline for the
election of parent or guardian members of a school community council shall be established by
a local school board for the schools within the school district.
(B) An election for the parent or guardian members of a school community council
shall be held near the beginning of the school year or held in the spring and completed before
the last week of school.
(C) Each school shall establish a time period for the election of parent or guardian
members of a school community council under Subsection (5)(b)(iv)(B) that is consistent for at
least a four-year period.
(c) (i) At least 10 days before the date that voting commences for the elections held
under Subsections (5)(a) and (5)(b), the principal of the school, or the principal's designee,
shall provide notice to each school employee, parent, or guardian, of the opportunity to vote in,
and run as a candidate in, an election under this Subsection (5).
(ii) The notice shall include:
(A) the dates and times of the elections;
(B) a list of council positions that are up for election; and
(C) instructions for becoming a candidate for a community council position.
(iii) The principal of the school, or the principal's designee, shall oversee the elections
held under Subsections (5)(a) and (5)(b).
(iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a
secure ballot box.
(d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
available to the public upon request.
(e) (i) If a parent or guardian position on a school community council remains unfilled
after an election is held, the other parent or guardian members of the council shall appoint a
parent or guardian who meets the qualifications of this section to fill the position.
(ii) If a school employee position on a school community council remains unfilled after
an election is held, the other school employee members of the council shall appoint a school
employee to fill the position.
(iii) A member appointed to a school community council under Subsection (5)(e)(i) or
(ii) shall serve a two-year term.
(f) (i) If the number of candidates who file for a parent or guardian position or school
employee position on a school community council is less than or equal to the number of open
positions, an election is not required.
(ii) If an election is not held pursuant to Subsection (5)(f)(i) and a parent or guardian
position remains unfilled, the other parent or guardian members of the council shall appoint a
parent or guardian who meets the qualifications of this section to fill the position.
(iii) If an election is not held pursuant to Subsection (5)(f)(i) and a school employee
position remains unfilled, the other school employee members of the council shall appoint a
school employee who meets the qualifications of this section to fill the position.
(g) The principal shall enter the names of the council members on the School LAND
Trust website on or before October 20 of each year, pursuant to Section 
53G-7-1203
.
(h) Terms shall be staggered so that approximately half of the council members stand
for election each year.
(i) A school community council member may serve successive terms provided the
member continues to meet the definition of a parent or guardian member or school employee
member as specified in Subsection (1).
(j) Each school community council shall elect:
(i) a chair from its parent or guardian members; and
(ii) a vice chair from either its parent or guardian members or school employee
members, excluding the principal.
(6) (a) A school community council may create subcommittees or task forces to:
(i) advise or make recommendations to the council; or
(ii) develop all or part of a plan listed in Subsection (3).
(b) Any plan or part of a plan developed by a subcommittee or task force shall be
subject to the approval of the school community council.
(c) A school community council may appoint individuals who are not council members
to serve on a subcommittee or task force, including parents or guardians, school employees, or
other community members.
(7) (a) A majority of the members of a school community council is a quorum for the
transaction of business.
(b) The action of a majority of the members of a quorum is the action of the school
community council.
(8) A local school board shall provide training for a school community council each
year, including training:
(a) for the chair and vice chair about their responsibilities;
(b) on resources available on the School LAND Trust website; and
(c) on this part.
Section 5. Section 
53G-7-1203
 is amended to read:
53G-7-1203.
School community councils -- Open and public meeting
requirements.
(1) As used in this section:
(a) (i) "Charter trust land council" means a council established by a charter school
governing board under Section 
53G-7-1205
.
(ii) "Charter trust land council" does not include a charter school governing board
acting as a charter trust land council.
(b) "School community council" means a council established at a school within a
school district under Section 
53G-7-1202
.
(c) "Council" means a school community council or a charter trust land council.
(d) "Teacher and student success plan" means the same as that term is defined in
Section 
53G-7-1301
.
(2) A school community council or a charter trust land council:
(a) shall conduct deliberations and take action openly as provided in this section; and
(b) is exempt from Title 52, Chapter 4, Open and Public Meetings Act.
(3) (a) As required by Section 
53G-7-1202
, a local school board shall provide training
for the members of a school community council on this section.
(b) A charter school governing board shall provide training for the members of a
charter trust land council on this section.
(4) (a) A meeting of a council is open to the public.
(b) A council may not close any portion of a meeting.
(5) A council shall, at least one week prior to a meeting, post the following information
on the school's website:
(a) a notice of the meeting, time, and place;
(b) an agenda for the meeting; and
(c) the minutes of the previous meeting.
(6) (a) On or before October 20, a principal shall post the following information on the
school website and in the school office:
(i) the proposed council meeting schedule for the year;
(ii) a telephone number or email address, or both, where each council member can be
reached directly; and
(iii) a summary of the annual report required under Section 
53G-7-1206
 on how the
school's School LAND Trust Program money was used to enhance or improve academic
excellence at the school and implement a component of the school's [
improvement plan
]
teacher and student success plan
.
(b) (i) A council shall identify and use methods of providing the information listed in
Subsection (6)(a) to a parent or guardian who does not have Internet access.
(ii) Money allocated to a school under the School LAND Trust Program under Section
53F-2-404
 may not be used to provide information as required by Subsection (6)(b)(i).
(7) (a) The notice requirement of Subsection (5) may be disregarded if:
(i) because of unforeseen circumstances it is necessary for a council to hold an
emergency meeting to consider matters of an emergency or urgent nature; and
(ii) the council gives the best notice practicable of:
(A) the time and place of the emergency meeting; and
(B) the topics to be considered at the emergency meeting.
(b) An emergency meeting of a council may not be held unless:
(i) an attempt has been made to notify all the members of the council; and
(ii) a majority of the members of the council approve the meeting.
(8) (a) An agenda required under Subsection (5)(b) shall provide reasonable specificity
to notify the public as to the topics to be considered at the meeting.
(b) Each topic described in Subsection (8)(a) shall be listed under an agenda item on
the meeting agenda.
(c) A council may not take final action on a topic in a meeting unless the topic is:
(i) listed under an agenda item as required by Subsection (8)(b); and
(ii) included with the advance public notice required by Subsection (5).
(9) (a) Written minutes shall be kept of a council meeting.
(b) Written minutes of a council meeting shall include:
(i) the date, time, and place of the meeting;
(ii) the names of members present and absent;
(iii) a brief statement of the matters proposed, discussed, or decided;
(iv) a record, by individual member, of each vote taken;
(v) the name of each person who:
(A) is not a member of the council; and
(B) after being recognized by the chair, provided testimony or comments to the
council;
(vi) the substance, in brief, of the testimony or comments provided by the public under
Subsection (9)(b)(v); and
(vii) any other information that is a record of the proceedings of the meeting that any
member requests be entered in the minutes.
(c) The written minutes of a council meeting:
(i) are a public record under Title 63G, Chapter 2, Government Records Access and
Management Act; and
(ii) shall be retained for three years.
(10) (a) As used in this Subsection (10), "rules of order and procedure" means a set of
rules that govern and prescribe in a public meeting:
(i) parliamentary order and procedure;
(ii) ethical behavior; and
(iii) civil discourse.
(b) A council shall:
(i) adopt rules of order and procedure to govern a public meeting of the council;
(ii) conduct a public meeting in accordance with the rules of order and procedure
described in Subsection (10)(b)(i); and
(iii) make the rules of order and procedure described in Subsection (10)(b)(i) available
to the public:
(A) at each public meeting of the council; and
(B) on the school's website.
Section 6. Section 
53G-7-1206
 is amended to read:
53G-7-1206.
School LAND Trust Program.
(1) As used in this section:
(a) "Charter agreement" means an agreement made in accordance with Section
53G-5-303
 that authorizes the operation of a charter school.
(b) "Charter school authorizer" means the same as that term is defined in Section
53G-5-102
.
(c) "Charter trust land council" means a council established by a charter school
governing board under Section 
53G-7-1205
.
(d) "Council" means a school community council or a charter trust land council.
(e) "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.
(f) "LAND trust plan" means a school's plan to use School LAND Trust Program
money to implement a component of the school's success plan.
[
(f)
] 
(g)
 "School community council" means a council established at a district school in
accordance with Section 
53G-7-1202
.
(h) "Teacher and student success plan" or "success plan" means the same as that term is
defined in Section 
53G-7-1301
.
(2) There is established the School LAND (Learning And Nurturing Development)
Trust Program under the State Board of Education to:
(a) provide financial resources to public schools to enhance or improve student
academic achievement and implement a component of a [
district school's school improvement
plan or a charter school's charter agreement
] 
district school or charter school's teacher and
student success plan
; and
(b) involve parents and guardians of a school's students in decision making regarding
the expenditure of School LAND Trust Program money allocated to the school.
(3) To receive an allocation under Section 
53F-2-404
:
(a) a district school shall have established a school community council in accordance
with Section 
53G-7-1202
;
(b) a charter school shall have established a charter trust land council in accordance
with Section 
53G-7-1205
; and
(c) the school's principal shall provide a signed, written assurance that the school is in
compliance with Subsection (3)(a) or (b).
(4) (a) A council shall create a program to use the school's allocation distributed under
Section 
53F-2-404
 to implement a component of the school's[
 improvement plan or charter
agreement
] 
success plan
, including:
(i) the school's identified most critical academic needs;
(ii) a recommended course of action to meet the identified academic needs;
(iii) a specific listing of any programs, practices, materials, or equipment that the
school will need to implement a component of [
its school improvement plan
] 
the school's
success plan
 to have a direct impact on the instruction of students and result in measurable
increased student performance; and
(iv) how the school intends to spend [
its
] 
the school's
 allocation of funds under this
section to enhance or improve academic excellence at the school.
(b) (i) A council shall create and vote to adopt a [
plan for the use of School LAND
Trust Program money
] 
LAND trust plan
 in a meeting of the council at which a quorum is
present.
(ii) If a majority of the quorum votes to adopt a [
plan for the use of School LAND
Trust Program money
] 
LAND trust plan
, the 
LAND trust
 plan is adopted.
(c) A council shall:
(i) post a [
plan for the use of School LAND Trust Program money
] 
LAND trust plan
that is adopted in accordance with Subsection (4)(b) on the School LAND Trust Program
website; and
(ii) include with the 
LAND trust
 plan a report noting the number of council members
who voted for or against the approval of the 
LAND trust
 plan and the number of council
members who were absent for the vote.
(d) (i) The local school board of a district school shall approve or disapprove a [
plan
for the use of School LAND Trust Program money
] 
LAND trust plan
.
(ii) If a local school board disapproves a [
plan for the use of School LAND Trust
Program money
] 
LAND trust plan
:
(A) the local school board shall provide a written explanation of why the 
LAND trust
plan was disapproved and request the school community council who submitted the 
LAND
trust
 plan to revise the 
LAND trust
 plan; and
(B) the school community council shall submit a revised 
LAND trust
 plan in response
to a local school board's request under Subsection (4)(d)(ii)(A).
(iii) Once a 
LAND trust
 plan has been approved by a local school board, a school
community council may amend the 
LAND trust
 plan, subject to a majority vote of the school
community council and local school board approval.
(e) A charter trust land council's [
plan for the use of School LAND Trust Program
money
] 
LAND trust plan
 is subject to approval by the:
(i) charter school governing board; and
(ii) charter school's charter school authorizer.
(5) (a) A district school or charter school shall:
(i) implement the program as approved;
(ii) provide ongoing support for the council's program; and
(iii) meet State Board of Education reporting requirements regarding financial and
performance accountability of the program.
(b) (i) A district school or charter school shall prepare and post an annual report of the
program on the School LAND Trust Program website each fall.
(ii) The report shall detail the use of program funds received by the school under this
section and an assessment of the results obtained from the use of the funds.
(iii) A summary of the report shall be provided to parents or guardians of students
attending the school.
(6) On or before October 1 of each year, a school district shall record the amount of the
program funds distributed to each school under Section 
53F-2-404
 on the School LAND Trust
Program website to assist schools in developing the annual report described in Subsection
(5)(b).
(7) The president or chair of a local school board or charter school governing board
shall ensure that the members of the local school board or charter school governing board are
provided with annual training on the requirements of this section.
(8) (a) The School LAND Trust Program shall provide training to the entities described
in Subsection (8)(b) on:
(i) the School LAND Trust Program; and
(ii) (A) a school community council; or
(B) a charter trust land council.
(b) The School LAND Trust Program shall provide the training to:
(i) a local school board or a charter school governing board;
(ii) a school district or a charter school; and
(iii) a school community council.
(9) The School LAND Trust Program shall annually review each school's compliance
with applicable law, including rules adopted by the State Board of Education, by:
(a) reading each [
School LAND Trust Program plan
] 
LAND trust plan
 submitted; and
(b) reviewing expenditures made from School LAND Trust Program money.
(10) The board shall designate a staff member who administers the School LAND
Trust Program:
(a) to serve as a member of the Land Trusts Protection and Advocacy Committee
created under Section 
53D-2-202
; and
(b) who may coordinate with the Land Trusts Protection and Advocacy Office director,
appointed under Section 
53D-2-203
, to attend meetings or events within the School and
Institutional Trust System, as defined in Section 
53D-2-102
, that relate to the School LAND
Trust Program.
Section 7. Section 
53G-7-1301
 is enacted to read:
Part 13. Teacher and Student Success Program
 53G-7-1301.
Definitions.
As used in this part:
(1) "LEA distribution" means the money distributed by the state board to an LEA as
described in Section 
53G-7-1303
.
(2) "LEA governing board student success framework" means an LEA governing board
student success framework described in Section 
53G-7-1304
.
(3) "Principal" means the chief administrator at a school, including:
(a) a school principal;
(b) a charter school director; or
(c) the superintendent of the Utah Schools for the Deaf and the Blind.
(4) "School allocation" means the amount of money allocated to a school or the Utah
Schools for the Deaf and the Blind by an LEA governing board, as described in Section
53G-7-1304
.
(5) "School personnel" means an individual who:
(a) is employed by an LEA; and
(b) in an academic role, works directly with and supports students in a school.
(6) "Statewide accountability system" means the statewide school accountability
system described in Title 53E, Chapter 5, Part 2, School Accountability System.
(7) "Teacher and student success plan" or "success plan" means a school performance
and student academic achievement improvement plan described in Section 
53G-7-1305
.
(8) "Teacher and Student Success Program" or "program" means the Teacher and
Student Success Program described in this part.
Section 8. Section 
53G-7-1302
 is enacted to read:
 53G-7-1302.
Teacher and Student Success Program created.
There is created the Teacher and Student Success Program to improve school
performance and student academic achievement, as described in this part.
Section 9. Section 
53G-7-1303
 is enacted to read:
 53G-7-1303.
State funding distribution.
The state board shall distribute program funding to an LEA as described in Section
53F-2-415
.
Section 10. Section 
53G-7-1304
 is enacted to read:
 53G-7-1304.
Program requirements -- LEA governing board student success
framework -- LEA distribution -- School allocation -- Reporting.
(1) (a) To receive an LEA distribution, an LEA governing board shall:
(i) adopt an LEA governing board student success framework to provide guidelines and
processes for a school within the LEA governing board's LEA to follow in developing a teacher
and student success plan; and
(ii) submit the adopted LEA governing board student success framework to the state
board.
(b) An LEA governing board may include in the LEA governing board's student
success framework any means reasonably designed to improve school performance or student
academic achievement, including:
(i) school personnel stipends for taking on additional responsibility outside of a typical
work assignment;
(ii) professional learning;
(iii) additional school employees, including counselors, social workers, mental health
workers, tutors, media specialists, information technology specialists, or other specialists;
(iv) technology;
(v) before- or after-school programs;
(vi) summer school programs;
(vii) community support programs or partnerships;
(viii) early childhood education;
(ix) class size reduction strategies;
(x) augmentation of existing programs; or
(xi) other means.
(c) An LEA governing board student success framework may not support the use of
program money:
(i) to supplant funding for existing public education programs;
(ii) for district administration costs; or
(iii) for capital expenditures.
(2) (a) An LEA governing board shall use an LEA distribution as follows:
(i) for increases to base salary and salary driven benefits for school personnel that,
except as provided in Subsection (2)(c)(i), total 25% or less of the LEA distribution; and
(ii) except as provided in Subsection (2)(b)(ii) and in accordance with Subsection (3),
for each school within the LEA governing board's LEA, an allocation that is equal to the
product of:
(A) the percentage of the school's prior year average daily membership compared to the
total prior year average daily membership for all schools in the LEA; and
(B) the remaining amount of the LEA governing board's LEA distribution after
subtracting the amounts described in Subsections (2)(a)(i) and (2)(b)(ii).
(b) (i) The state board shall make rules for an LEA governing board to calculate and
distribute a school allocation for a school in the school's first year of operation.
(ii) In accordance with Subsection (3) and the rules described in Subsection (2)(b)(i),
an LEA governing board shall distribute a school allocation for a school in the school's first
year of operation.
(c) Except as provided in Subsection (2)(d), the LEA governing board of a school
district may use up to 40% of an LEA distribution for the purposes described in Subsection
(2)(a)(i), if:
(i) the LEA governing board has:
(A) approved a board local levy for the maximum amount allowed under Section
53F-8-302
; or
(B) after the LEA governing board has submitted an LEA governing board student
success framework to the state board, increased the board local levy described in Section
53F-8-302
 by at least .0001 per dollar of taxable value; and
(ii) the school district's average teacher salary is below the state average teacher salary
described in Subsection (2)(f).
(d) The LEA governing board of a school district in a county of the fourth, fifth, or
sixth class or the LEA governing board of a charter school may use up to 40% of an LEA
distribution for the purposes described in Subsection (2)(a)(i), if the LEA's average teacher
salary is below the state average teacher salary described in Subsection (2)(f).
(e) An LEA governing board shall annually report information as requested by the state
board for the state board to calculate a state average teacher salary.
(f) The state board shall use the information described in Subsection (2)(c)(ii) to
calculate a state average teacher salary amount and a state average teacher benefit amount.
(3) An LEA governing board shall allocate a school allocation to a school with a
teacher and student success plan that is approved as described in Section 
53G-7-1305
.
(4) (a) Except as provided in Subsection (4)(b), a school shall use a school allocation to
implement the school's success plan.
(b) A school may use up to 5% of the school's school allocation to fund school
personnel retention at the principal's discretion, not including uniform salary increases.
(c) A school may not use a school allocation for:
(i) capital expenditures; or
(ii) a purpose that is not supported by the LEA governing board student success
framework for the school's LEA.
(5) A school that receives a school allocation shall annually:
(a) submit to the school's LEA governing board a description of:
(i) the budgeted and actual expenditures of the school's school allocation;
(ii) how the expenditures relate to the school's success plan; and
(iii) how the school measures the success of the school's participation in the program;
and
(b) post on the school's website:
(i) the school's approved success plan;
(ii) a description of the school's school allocation budgeted and actual expenditures and
how the expenditures help the school accomplish the school's success plan; and
(iii) the school's current level of performance, as described in Section 
53G-7-1306
,
according to the indicators described in Section 
53E-5-205
 or 
53E-5-206
.
Section 11. Section 
53G-7-1305
 is enacted to read:
 53G-7-1305.
Teacher and student success plans -- Plan review and approval.
(1) (a) The principal of a school shall develop the school's teacher and student success
plan:
(i) in accordance with the LEA governing board student success framework for the
school's LEA;
(ii) by integrating school-specific goals and criteria for improving the school's
performance within the state accountability system; and
(iii) if the school has a school turnaround plan as defined in Section 
53E-5-301
, in
accordance with the school's school turnaround plan.
(b) A principal shall solicit input on developing a success plan from:
(i) for a district school or charter school:
(A) the school community council, as defined in Section 
53G-7-1202
; or
(B) the charter trust land council, as described in Section 
53G-7-1205
;
(ii) school-level educators;
(iii) parents of students at the school; and
(iv) school-level administrators.
(c) A principal may solicit input on developing a success plan from:
(i) students;
(ii) support professionals; or
(iii) other community stakeholders.
(2) (a) The principal of a school shall submit a proposed success plan to the school's
LEA governing board.
(b) An LEA governing board shall:
(i) annually review each success plan submitted for a school within the LEA governing
board's LEA;
(ii) in a regularly scheduled LEA governing board meeting, approve or disapprove each
submitted success plan; and
(iii) upon disapproval of a success plan:
(A) explain in writing the reason for disapproval;
(B) make recommendations for revision; and
(C) allow the principal who submitted the success plan to resubmit a revised plan for
review and approval.
(3) An LEA governing board shall make the LEA governing board's best efforts to help
a school complete the approval process described in Subsection (2) on or before June 30 of
each year.
(4) A council, as defined in Section 
53G-7-1206
, shall select a component of the
approved success plan for the council's school to address within the council's School LAND
Trust Program, in accordance with Section 
53G-7-1206
.
Section 12. Section 
53G-7-1306
 is enacted to read:
 53G-7-1306.
School improvement oversight -- Performance standards.
(1) The state board shall make rules that:
(a) using a criteria-setting process, determine a threshold of points under the statewide
school accountability system that designates a school as succeeding in school performance and
student academic achievement; and
(b) determine performance standards for a school described in Section 
53E-5-203
.
(2) (a) For each year following the year in which a school received approval for a
success plan, an LEA governing board shall determine if the school:
(i) meets or exceeds the threshold of points described in Subsection (1);
(ii) has demonstrated at least a 1% increase in the school's total points received under
the statewide school accountability system compared to the previous school year; or
(iii) qualifies for and satisfies the performance standards described in Subsection
(1)(b).
(b) If the LEA governing board determines that a school does not satisfy Subsection
(2)(a)(i), (ii), or (iii), the LEA governing board shall:
(i) work with the school's principal to modify the school's success plan to address the
school's performance; and
(ii) oversee and adjust the school's allocation expenditures until the LEA governing
board determines the school satisfies Subsection (2)(a)(i), (ii), or (iii).
Section 13. 
Repealer.
This bill repeals:
Section 
53E-4-306
,
State reading goal -- Reading achievement plan.
Section 
53G-7-1204
,
School improvement plan.