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H.B. 33
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ENHANCING ACADEMIC ACHIEVEMENT IN
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PUBLIC SCHOOLS
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1999 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Lloyd W. Frandsen
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AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING FOR ANNUAL
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CRITERION-REFERENCED ACHIEVEMENT TESTING OF STUDENTS IN ALL GRADE
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LEVELS AND NORM-REFERENCED TESTING OF STUDENTS IN GRADES 3, 5, 8, AND
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10; MODIFYING DEFINITIONS; REQUIRING THE STATE BOARD OF EDUCATION TO
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DEVELOP ASSESSMENT MECHANISMS FOR DETERMINING DEMONSTRATED
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COMPETENCY IN COURSES REQUIRED FOR HIGH SCHOOL GRADUATION;
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PROVIDING FOR AN EXTERNAL EVALUATION OF CORE CURRICULUM CONTENT
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STANDARDS, OBJECTIVES, AND ASSESSMENTS; AND PROVIDING AN EFFECTIVE
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DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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53A-1-602, as enacted by Chapter 267, Laws of Utah 1990
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53A-1-603, as enacted by Chapter 267, Laws of Utah 1990
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53A-1-604, as enacted by Chapter 267, Laws of Utah 1990
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53A-1-605, as enacted by Chapter 267, Laws of Utah 1990
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53A-1-606, as last amended by Chapter 254, Laws of Utah 1997
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-1-602
is amended to read:
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53A-1-602. Definitions.
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As used in this part:
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(1) "Achievement test" means a standardized test which measures or attempts to measure
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the level of performance which a student has attained in one or more courses of study.
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Achievement tests shall include norm-referenced and criterion-referenced tests [in basic skills
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courses administered annually by the State Board of Education].
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(2) "Basic skills course" means a subject which requires, among other skills, memorization
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and mastery of specific functions, including reading, spelling, basic mathematics, [science,] and
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effectiveness of written expression.
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(3) "Testing program" means:
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(a) systematic norm-referenced achievement testing of all students in grades 3, 5, 8, and
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[11] 10 required by this part in all schools within each school district by means of tests designated
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by the State Board of Education; and
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(b) criterion-referenced achievement testing of students in all grade levels and courses in
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basic skill areas of the core curriculum.
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Section 2.
Section
53A-1-603
is amended to read:
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53A-1-603. Duties of State Board of Education.
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(1) The State Board of Education shall:
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(a) require a testing program in each school district;
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(b) require the State Office of Education to submit and recommend criterion-referenced
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and norm-referenced achievement tests to the board for approval and adoption and distribution to
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[the] each school [districts] district by the state office;
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(c) develop a testing method to obtain an accurate estimate of statewide performance,
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school district performance, and school performance of students in grades 3, 5, 8, and [11] 10 in
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basic skills courses; [and]
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(d) provide for the state to participate in the [1992 NAEP state] National Assessment of
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Educational Progress state-by-state comparison testing program; and
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(e) develop assessment mechanisms for determining demonstrated competency in as many
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subject areas as possible for courses required for high school graduation.
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(2) Under the testing method, the state office shall annually require that each district
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administer a statewide norm-referenced test to all students in grades 3, 5, 8, and [11] 10, and
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statewide criterion-referenced tests in all grade levels and courses in basic skill areas of the core
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curriculum.
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(3) The board shall adopt rules for the conduct and administration of the testing program.
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[(4) School districts shall implement the testing program during the 1990-91 school year.]
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Section 3.
Section
53A-1-604
is amended to read:
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53A-1-604. Test development, publication, and administration.
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(1) The State Board of Education [may] shall develop, publish, and administer
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criterion-referenced tests of its own devising[, but shall give first consideration to] and incorporate
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existing norm-referenced tests and assessment programs into the statewide testing program.
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(2) (a) The board may use the expert services of any persons or groups of persons in the
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public or private sector in evaluating current tests and assessment programs, in developing,
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publishing, and administering new tests, or both.
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(b) (i) The board shall commission an external evaluation of the current core curriculum
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content standards, objectives, and assessments to determine where changes need to be made to
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improve the standards and objectives for increased academic achievement.
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(ii) The evaluation, together with any recommended changes, shall be completed by
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November 1, 1999, and a report made to the Legislative Education Interim Committee at its
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November interim meeting.
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Section 4.
Section
53A-1-605
is amended to read:
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53A-1-605. Analysis of results.
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(1) The State Office of Education shall develop a plan to analyze the results of the state
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testing program scores for [grades 5, 8, and 11] all grade levels and courses required under Section
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53A-1-603
.
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(2) The plan shall include a component designed to assist school districts to use the results
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of the testing program in planning [and], evaluating, and enhancing programs within the district.
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(3) The plan shall include provisions for statistical reporting of [school and district test]
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averages [based on] as follows:
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[(a) actual levels of performance on tests; and]
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[(b) performance levels that are statistically corrected for factors such as socioeconomic
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status.]
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(a) norm-referenced tests results shall be reported at the state and district levels, and shall
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include:
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(i) actual levels of performance on tests; and
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(ii) performance levels that are statistically corrected for factors such as socioeconomic
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status;
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(b) criterion-referenced tests results shall be reported at state, district, and school levels,
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and shall include:
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(i) actual levels of performance on tests; and
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(ii) performance levels according to preset standards as determined by the State Board of
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Education.
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(4) (a) The State Board of Education shall submit to the Legislature, annually, a budget
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to implement the testing program authorized under this part.
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(b) As part of the budget recommendation, the state board shall include evaluation of the
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testing program and proposed modifications if appropriate.
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Section 5.
Section
53A-1-606
is amended to read:
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53A-1-606. Conducting of testing programs.
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(1) (a) Each local school board shall, in accordance with rules adopted by the State Board
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of Education, conduct a testing program within the school district.
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(b) (i) (A) The testing program in grades 1 through 6 shall be used to determine whether
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the planned instruction has resulted in the student's mastery of reading skills.
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(B) As used in Subsection (1)(b)(i)(A), planned instruction shall include instructional
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practices of:
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(I) early and explicit teaching of phonetic decoding skills;
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(II) continuous and frequent exposure to a wide range of quality literature;
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(III) writing to foster and reinforce word recognition, language structure, and experience;
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and
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(IV) regular and adequate time to read a wide variety of materials across the curriculum.
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(ii) If, through the testing, the school finds the student seriously deficient in one or more
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of these basic skills, it shall provide remedial assistance to help the student overcome the
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deficiency and attain reading proficiency appropriate to the student's age and ability.
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(iii) The remediation program shall include a plan to bring the student up to the appropriate
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reading level and an opportunity for parents to receive materials and guidance so that they will be
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able to assist in the remediation process and support their students' progress toward literacy.
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(c) The testing program shall incorporate assessment mechanisms developed by the State
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Board of Education as well as commercially produced testing material selected by the board under
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Subsection
53A-1-603
(1)(e), unless the local board has developed its own comparable mechanisms
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as approved by the state board.
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(2) Each board shall provide for district evaluation of the test results and use the
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evaluations in setting goals and establishing programs for the district and schools within the
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district.
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(3) The local board may also administer other tests.
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Section 6. Effective date.
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This act takes effect on July 1, 1999.
Legislative Review Note
as of 12-21-98 12:26 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.