Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 44 First Substitute (2023GS)

Sponsor

Sen. Millner, A.

Final action

Governor Signed 3/1/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• clarifies that an existing requirement for demonstrating a certain statistical effect does not apply to reading software;
• amends a grant program for reading software to an enrollment-based distribution;
• repeals an obsolete survey requirement; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

READING SOFTWARE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ann Millner
House Sponsor: 
Susan Pulsipher
LONG TITLE
General Description:
This bill clarifies that an existing requirement for demonstrating a certain statistical
effect does not apply to reading software and converts a grant program into an
enrollment-based distribution.
Highlighted Provisions:
This bill:
▸ clarifies that an existing requirement for demonstrating a certain statistical effect
does not apply to reading software;
▸ amends a grant program for reading software to an enrollment-based distribution;
▸ repeals an obsolete survey requirement; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53E-4-307
, as last amended by Laws of Utah 2022, Chapter 285
53F-4-203
, as last amended by Laws of Utah 2020, Chapter 324
53G-11-303
, as last amended by Laws of Utah 2022, Chapter 285
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-4-307
 is amended to read:
53E-4-307.
Benchmark assessments in reading -- Report to parent.
(1) As used in this section:
(a) "Competency" means a demonstrable acquisition of a specified knowledge, skill, or
ability that has been organized into a hierarchical arrangement leading to higher levels of
knowledge, skill, or ability.
(b) "Diagnostic assessment" means an assessment that measures key literacy skills,
including phonemic awareness, sound-symbol recognition, alphabet knowledge, decoding and
encoding skills, and comprehension, to determine a student's specific strengths and weaknesses
in a skill area.
(c) "Evidence-based" means the same as that term is defined in Section 
53G-11-303
.
(d) "Evidence-informed" means the same as that term is defined in Section
53G-11-303
.
(2) The state board shall approve a benchmark assessment for use statewide by school
districts and charter schools to assess the reading competency of students in grades 1 through 6
as provided by this section.
(3) A school district or charter school shall:
(a) administer benchmark assessments to students in grades 1, 2, and 3 at the
beginning, middle, and end of the school year using the benchmark assessment approved by the
state board; and
(b) after administering a benchmark assessment, report the results to a student's parent.
(4) 
(a)
 If a benchmark assessment or supplemental reading assessment indicates a
student lacks competency in a reading skill, or is lagging behind other students in the student's
grade in acquiring a reading skill, the school district or charter school shall:
[
(a)
] 
(i)
 administer diagnostic assessments to the student;
[
(b)
] 
(ii)
 using data from the diagnostic assessment, provide specific, focused, and
individualized intervention or tutoring to develop the reading skill;
[
(c)
] 
(iii)
 administer formative assessments and progress monitoring at recommended
levels for the benchmark assessment to measure the success of the focused intervention;
[
(d)
] 
(iv)
 inform the student's parent of activities that the parent may engage in with the
student to assist the student in improving reading proficiency;
[
(e)
] 
(v)
 provide information to the parent regarding appropriate interventions available
to the student outside of the regular school day that may include tutoring, before and after
school programs, or summer school; and
[
(f)
] 
(vi)
 provide instructional materials that are evidence-informed for core instruction
and evidence-based for intervention and supplemental instruction.
(b) Nothing in this section or in Section 
53F-4-203
 or 
53G-11-303
 requires a reading
software product to demonstrate the statistically significant effect size described in Subsection
53G-11-303
(1)(a) in order to be used as an instructional material described in Subsection
(4)(a)(vi).
(5) (a) In accordance with Section 
53F-4-201
 and except as provided in Subsection
(5)(b), the state board shall contract with one or more educational technology providers for a
benchmark assessment system for reading for students in kindergarten through grade 6.
(b) If revenue is insufficient for the benchmark assessment system for the grades
described in Subsection (5)(a), the state board shall first prioritize funding a benchmark
assessment for students in kindergarten through grade 3.
Section 2. Section 
53F-4-203
 is amended to read:
53F-4-203.
Early interactive reading software -- Independent evaluator.
(1) [
(a)
] Subject to legislative appropriations, the state board shall [
select and contract
with one or more technology providers, through a request for proposals process, to provide
early interactive reading software for literacy instruction and assessments
] 
distribute funds to
public schools based on enrollment
 for students in kindergarten through grade 3 
to purchase
personalized interactive reading software
.
[
(b) By August 1 of each year, the state board shall distribute licenses for early
interactive reading software described in Subsection (1)(a) to the school districts and charter
schools of LEA governing boards that apply for the licenses.
]
[
(c) Except as provided in state board rule, a school district or charter school that
received a license described in Subsection (1)(b) during the prior year shall be given first
priority to receive an equivalent license during the current year.
]
[
(d) Licenses distributed to school districts and charter schools in addition to the
licenses described in Subsection (1)(c) shall be distributed through a competitive process.
]
(2) A public school that receives [
a license
] 
funds
 described in Subsection [
(1)(b)
] 
(1)
shall use the [
license
] 
funds
 for a student in kindergarten or grade 1, 2, or 3:
(a) for intervention for the student if the student is reading below grade level; or
(b) for advancement beyond grade level for the student if the student is reading at or
above grade level.
(3) (a) On or before August 1 of each year, the state board shall select and contract with
an independent evaluator, through a request for proposals process, to act as an independent
contractor to evaluate early interactive reading software provided under this section.
(b) The state board shall ensure that a contract with an independent evaluator requires
the independent evaluator to:
(i) evaluate a student's learning gains as a result of using early interactive reading
software provided under Subsection (1);
(ii) for the evaluation under Subsection (3)(b)(i), use an assessment that is not
developed by a provider of early interactive reading software; and
(iii) determine the extent to which a public school uses the early interactive reading
software.
(c) The state board and the independent evaluator selected under Subsection (3)(a)
shall submit a report on the results of the evaluation in accordance with Section 
53E-1-201
.
(4) [
The state board
] 
An LEA
 may acquire an analytical software program that:
(a) monitors, for an individual school, early intervention interactive reading software
use and the associated impact on student performance; and
(b) analyzes the information gathered under Subsection (4)(a) to prescribe individual
school usage time to maximize the beneficial impact on student performance.
(5) The state board
:
(a)
 may use up to 4% of the appropriation provided under Subsection [
(1)(a)
] 
(1)
:
[
(a)
] 
(i)
 to contract with an independent evaluator selected under Subsection (3)(a); and
[
(b)
] 
(ii)
 for administrative costs associated with this section[
.
]
; and
(b) shall distribute at least 96% of funds under this section to LEAs in accordance with
Subsection (1).
(6) Nothing in this section or in Section 
53E-4-307
 or 
53G-11-303
 requires a reading
software product to demonstrate the statistically significant effect size described in Subsection
53G-11-303
(1)(a) in order to be used as an instructional material.
Section 3. Section 
53G-11-303
 is amended to read:
53G-11-303.
Professional learning standards.
(1) As used in this section:
(a) "Evidence-based" means that a strategy
, not including reading software,
demonstrates a statistically significant effect, of at least a 0.40 effect size, on improving student
outcomes based on:
(i) strong evidence from at least one well-designed and well-implemented experimental
study, as the state board further defines; or
(ii) moderate evidence from at least one well-designed and well-implemented
quasi-experimental study, as the state board further defines.
(b) "Evidence-informed" means that a strategy:
(i) is developed using high-quality research outside of a controlled setting in the given
field, as the state board further defines; and
(ii) includes strategies and activities with a strong scientific basis for use, as the state
board further defines.
(c) "Professional learning" means a comprehensive, sustained, and evidence-based
approach to improving teachers' and principals' effectiveness in raising student achievement.
(2) A school district or charter school shall implement high quality professional
learning that meets the following standards:
(a) professional learning occurs within learning communities committed to continuous
improvement, individual and collective responsibility, and goal alignment;
(b) professional learning requires skillful leaders who develop capacity, advocate, and
create support systems, for professional learning;
(c) professional learning requires prioritizing, monitoring, and coordinating resources
for educator learning;
(d) professional learning uses a variety of sources and types of student, educator, and
system data to plan, assess, and evaluate professional learning;
(e) professional learning integrates theories, research, and models of human learning to
achieve its intended outcomes;
(f) professional learning applies research on change and sustains support for
implementation of professional learning for long-term change;
(g) professional learning aligns its outcomes with:
(i) performance standards for teachers and school administrators as described in rules
of the state board; and
(ii) performance standards for students as described in the core standards for Utah
public schools adopted by the state board pursuant to Section 
53E-4-202
;
(h) professional learning:
(i) incorporates the use of technology in the design, implementation, and evaluation of
high quality professional learning practices; and
(ii) includes targeted professional learning on the use of technology devices to enhance
the teaching and learning environment and the integration of technology in content delivery;
and
(i) professional learning uses evidence-informed core materials and evidence-based
instructional practices and intervention materials.
(3) School districts and charter schools shall use money appropriated by the Legislature
for professional learning or federal grant money awarded for professional learning to
implement professional learning that meets the standards specified in Subsection (2).
(4) The state board, ULEAD, as that term is defined in Section 
53E-10-701
, and the
Center for the School of the Future, established in Section 
53B-18-801
, shall jointly, in
collaboration with an independent university-based research center, develop and maintain a
repository of evidence-based practice and evidence-informed intervention materials to support
school districts and charter schools in meeting the standards described in Subsection (2).
[
(5) (a) In the fall of 2014, the state board, through the state superintendent, and in
collaboration with an independent consultant acquired through a competitive bid process, shall
conduct a statewide survey of school districts and charter schools to:
]
[
(i) determine the current state of professional learning for educators as aligned with
the standards specified in Subsection (2);
]
[
(ii) determine the effectiveness of current professional learning practices; and
]
[
(iii) identify resources to implement professional learning as described in Subsection
(2).
]
[
(b) The state board shall select a consultant from bidders who have demonstrated
successful experience in conducting a statewide analysis of professional learning.
]
[
(c) (i) Annually in the fall, beginning in 2015 through 2020, the state board, through
the state superintendent, in conjunction with school districts and charter schools, shall gather
and use data to determine the impact of professional learning efforts and resources.
]
[
(ii) Data used to determine the impact of professional learning efforts and resources
under Subsection (5)(c)(i) shall include:
]
[
(A) student achievement data;
]
[
(B) educator evaluation data; and
]
[
(C) survey data.
]
Section 4. 
Effective date.
(1) Except as provided in Subsection (2), if approved by two-thirds of all the members
elected to each house, this bill takes effect upon approval by the governor, or the day following
the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
signature, or in the case of a veto, the date of veto override.
(2) Section 
53F-4-203
 takes effect on July 1, 2023.