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H.B. 46
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ANNUAL REPORTS GIVEN TO THE
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LEGISLATURE
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2002 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Marda Dillree
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This act modifies provisions relating to the State System of Public Education and State
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System of Higher Education by eliminating or amending requirements to submit reports to
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the Legislature. This act eliminates or reduces the number of reports the State Board of
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Education is required to make on a recidivism reduction plan, statewide testing timelines,
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reading achievement, kindergarten assessments, a reading specialist scholarship program,
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textbook needs and spending, and highly impacted schools. This act eliminates reporting of
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volunteer hours in the school performance report. This act sets a date for reports from the
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Job Enhancement Committee and Families, Agencies, and Communities Together Council.
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This act removes the Education Interim Committee from the list of recipients of reports from
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the Disability Determination Services Advisory Council and board of directors of the Utah
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Educational Savings Plan Trust. This act consolidates reports of the Technology Initiative
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Advisory Board and Board of Regents relating to the Engineering and Computer Science
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Initiative. This act makes technical amendments.
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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53A-1-403.5 (Repealed 07/01/07), as last amended by Chapters 26 and 375, Laws of Utah
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1997
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53A-1-603, as last amended by Chapter 93, Laws of Utah 2001
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53A-1-606.5, as last amended by Chapter 179, Laws of Utah 2001
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53A-1-801, as enacted by Chapter 27, Laws of Utah 1999
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53A-1a-602, as enacted by Chapter 238, Laws of Utah 2001
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53A-3-402.11, as repealed and reenacted by Chapter 341, Laws of Utah 2000
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53A-3-424, as enacted by Chapter 172, Laws of Utah 2001
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53A-3-602.5 (Effective 07/01/02), as last amended by Chapter 93, Laws of Utah 2001
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53A-11-904, as last amended by Chapter 82, Laws of Utah 2001
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53A-12-201.5, as enacted by Chapter 337, Laws of Utah 2001
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53A-15-205, as last amended by Chapter 5, Laws of Utah 2001, First Special Session
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53A-15-701, as enacted by Chapter 52, Laws of Utah 1996
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53B-6-105.5, as enacted by Chapter 238, Laws of Utah 2001
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53B-6-105.9, as enacted by Chapter 238, Laws of Utah 2001
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53B-8b-109, as enacted by Chapter 390, Laws of Utah 1997
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63-75-7, as last amended by Chapter 1, Laws of Utah 2000
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REPEALS:
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53A-1a-109, as last amended by Chapter 59, Laws of Utah 2000
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-1-403.5 (Repealed 07/01/07)
is amended to read:
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53A-1-403.5 (Repealed 07/01/07). Education of persons in custody of Department of
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Corrections -- Contracting for services -- Recidivism reduction plan -- Collaboration among
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state agencies -- Annual report.
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(1) The State Board of Education and the State Board of Regents, subject to legislative
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appropriation, are responsible for the education of persons in the custody of the Department of
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Corrections.
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(2) In order to fulfill this responsibility, the boards shall, where feasible, contract with
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appropriate private or public agencies to provide educational and related administrative services.
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(3) (a) As its corrections education program, the boards shall develop and implement a
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recidivism reduction plan, including the following components:
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(i) inmate assessment;
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(ii) cognitive problem-solving skills;
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(iii) basic literacy skills;
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(iv) career skills;
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(v) job placement;
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(vi) postrelease tracking and support;
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(vii) research and evaluation;
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(viii) family involvement and support; and
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(ix) multiagency collaboration.
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(b) The plan shall be developed and implemented through the State Office of Education
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and the Board of Regents office in collaboration with the following entities:
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(i) local boards of education;
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(ii) Department of Corrections;
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(iii) Department of Workforce Services;
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(iv) Department of Human Services;
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(v) Board of Pardons and Parole;
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(vi) State Office of Rehabilitation; and
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(vii) the Governor's Office.
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(c) The Legislature may provide appropriations for implementation of the plan through a
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line item appropriation to any one or a combination of the entities listed in Subsection (3)(b).
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(4) The boards shall make [annual reports to the Legislature through] a report to the
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Education Interim Committee on the effectiveness of the recidivism reduction plan before October
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1, 2006.
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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 each school district to implement the Utah Performance Assessment System
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for Students, hereafter referred to as U-PASS;
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(b) require the state superintendent of public instruction to submit and recommend
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criterion-referenced and norm-referenced achievement tests, a tenth grade basic skills competency
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test, and a direct writing assessment for grades 6 and 9 to the board for approval and adoption and
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distribution to each school district by the state superintendent;
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(c) develop an assessment method to uniformly measure statewide performance, school
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district performance, and school performance of students in grades 1 through 12 in mastering basic
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skills courses; and
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(d) provide for the state to participate in the National Assessment of Educational Progress
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state-by-state comparison testing program.
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(2) Under U-PASS, the state office shall annually require that each district administer:
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(a) a statewide norm-referenced test to all students in grades 3, 5, 8, and 11;
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(b) statewide criterion-referenced tests in all grade levels and courses in basic skill areas
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of the core curriculum;
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(c) a direct writing assessment to all students in grades 6 and 9, with the first assessment
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to be administered during the 2001-02 school year; and
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(d) a tenth grade basic skills competency test as detailed in Section
53A-1-611
, with the
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first test to be administered during the 2002-03 school year.
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(3) The board shall adopt rules for the conduct and administration of U-PASS to include
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the following:
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(a) the computation of student performance based on information that is disaggregated
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with respect to race, ethnicity, gender, limited English proficiency, and those students who qualify
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for free or reduced price school lunch;
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(b) security features to maintain the integrity of the system, which could include statewide
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uniform testing dates, multiple test forms, and test administration protocols;
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(c) the exemption of student test scores, by exemption category, such as limited English
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proficiency, mobility, and students with disabilities, with the percent or number of student test
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scores exempted being publically reported at a district level;
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(d) compiling of criterion-referenced and direct writing test scores and test score averages
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at the classroom level to allow for:
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(i) an annual review of those scores by parents of students and professional and other
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appropriate staff at the classroom level at the earliest point in time and consistent with the timeline
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of the phase-in referred to in Sections
53A-1-602
and this section, but no later than by the end of
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the school year beginning with the 2003-04 school year;
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(ii) the assessment of year-to-year student progress in specific classes, courses, and
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subjects;
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(iii) a teacher to review, prior to the beginning of a new school year for the 2003-04 school
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year and for each school year thereafter, test scores from the previous school year of students who
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have been assigned to the teacher's class for the new school year; and
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(iv) allowing a school district to have its tests administered and scored electronically to
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accelerate the review of test scores and their usefulness to parents and educators under Subsections
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(3)(d)(i), (ii), and (iii), without violating the integrity of U-PASS; and
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(e) providing that:
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(i) scores on the tests and assessments required under Subsection (2)(b) shall be considered
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in determining a student's academic grade for the appropriate course and whether a student shall
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advance to the next grade level; and
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(ii) the student's score on the tenth grade basic skills competency test shall be recorded on
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the student's transcript of credits.
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[(4) The board shall make an annual report to the Legislature's Education Interim
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Committee on the timelines required under Subsections (3)(d)(i) and (iii) that begin with the
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2003-04 school year to include recommendations for any necessary modifications to the timelines.]
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Section 3.
Section
53A-1-606.5
is amended to read:
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53A-1-606.5. Reading achievement in grades one through three -- Monitoring --
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Reporting -- Additional instruction.
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(1) (a) The Legislature recognizes that:
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(i) reading is the most fundamental skill, the gateway to knowledge and lifelong learning;
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(ii) there is an ever increasing demand for literacy in the highly technological society we
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live in;
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(iii) students who do not learn to read will be economically and socially disadvantaged;
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(iv) reading problems exist in almost every classroom;
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(v) almost all reading failure is preventable if reading difficulties are diagnosed and treated
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by no later than the end of the third grade; and
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(vi) early identification and treatment of reading difficulties can result in students learning
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to read by the end of the third grade.
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(b) It is therefore:
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(i) the long-term goal of the state to have every student in the state's public education
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system reading on or above grade level by the end of the third grade; and
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(ii) the short-term goal of the state to have 90% or more of all third graders reading on or
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above grade level by the end of the third grade in 2006.
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(c) (i) The State Board of Education, through the superintendent of public instruction [or
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the superintendent's designee], shall [make an annual] annually report [to the State Board of
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Education and to the Legislature's Education Interim Committee] on progress towards achieving
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the goals established in Subsection (1)(b).
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(ii) The information shall be reported [as part of the U-PASS testing program as] in the
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school performance report required under Section
53A-3-602.5
, beginning with the [2001-02]
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2002-03 school year, and include the following for each school district and elementary school:
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(A) the number and percent of all students reading on or above grade level at the end of
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the first, second, and third grades;
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(B) the annual reading achievement growth from the prior year and cumulative reading
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achievement growth from the base year of 2001-02 in the percent of students reading on or above
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grade level for each year;
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(C) those schools that reach the 90% reading achievement goal or achieve a sufficient
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magnitude of gain each year as determined by the State Board of Education from the 2001-02 base
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year or do both; and
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(D) those elementary schools that fail to achieve a sufficient magnitude of gain each year
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as determined by the State Board of Education from the 2001-02 base year.
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(d) The State Board of Education, through the superintendent of public instruction, shall
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determine as part of the U-PASS testing program:
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(i) the appropriate statewide tests to assess reading levels at the end of each year in the
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first, second, and third grades;
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(ii) an appropriate standard or cut score on each assessment for determining grade level
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reading mastery; and
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(iii) the actual percent of students reading on or above grade level in the first, second, and
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third grades at each public elementary school as required under Subsection (1)(c)(i) by dividing
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the headcount enrollment of students reading on or above grade level at that grade by the
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headcount enrollment of students in the building at that grade on the date that the reading
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assessment is administered.
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(2) Local school boards shall annually review the U-PASS data regarding reading at school
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and district levels and shall work with districts and schools to review and revise plans as needed
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to meet the goal set in Subsection (1)(b).
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(3) (a) Each school district shall require the elementary schools within its district
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boundaries to develop, in conjunction with all other school planning processes and requirements,
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a reading achievement plan at each school for its kindergarten, first, second, and third graders to
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reach the reading goals set in Subsection (1)(b).
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(b) The school principal shall take primary responsibility to provide leadership and allocate
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resources and support for teachers and students, most particularly for those who are reading below
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grade level, to achieve the reading goals.
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(c) Each reading achievement plan shall include:
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(i) an assessment component that:
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(A) identifies those students who are reading below grade level;
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(B) uses U-PASS and local assessment information throughout the year to determine
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students' instructional needs; and
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(C) is consistent with the exemption provisions of Subsection
53A-1-603
(3)(c) regarding
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such students as students with disabilities or limited English proficiency;
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(ii) an intervention component:
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(A) that provides adequate and appropriate interventions focused on bringing each student
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up to reading at or above grade level and which would permit retention in the grade level of a
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student reading below grade level based on a joint determination made by the principal or the
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principal's designee, the student's teacher, and the student's parent;
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(B) based on best practices identified through proven researched-based methods;
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(C) that includes parental participation; and
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(D) that, as resources allow, involves a reading specialist; and
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(iii) a reporting component consistent with the data to be included in the school
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performance report required under Section
53A-3-602.5
.
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(4) The school district shall approve each school's plan prior to its implementation and
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review each plan annually.
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Section 4.
Section
53A-1-801
is amended to read:
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53A-1-801. Child literacy program -- Coordinated activities.
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(1) The State Board of Education, through the state superintendent of public instruction,
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shall provide for a public service campaign to educate parents on the importance of providing their
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children with opportunities to develop emerging literacy skills through a statewide "Read to Me"
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program.
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(2) The board shall coordinate its activities under this section with other state and
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community entities that are engaged in child literacy programs in order to maximize its efforts and
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resources, including the Utah Commission on National and Community Service.
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[(3) (a) The board shall make an annual report to the Legislature's Education Interim
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Committee on its statewide assessment of emerging reading skills in kindergarten in the public
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schools as required under Section
53A-3-402.9
.]
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[(b) The board shall make its first report no later than July 1, 2000, and by July 1, of each
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succeeding year.]
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Section 5.
Section
53A-1a-602
is amended to read:
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53A-1a-602. Job Enhancement Committee -- Composition -- Duties -- Appropriation.
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(1) There is created a Job Enhancement Committee to implement and administer the
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Public Education Job Enhancement Program established in Section
53A-1a-601
.
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(2) (a) The committee shall consist of:
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(i) two members of the State Board of Education selected by the board;
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(ii) two members of the State Board of Regents selected by the board;
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(iii) six members of the general public who have business experience in mathematics,
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physics, chemistry, physical science, learning technology, or information technology selected by
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the governor; and
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(iv) a master high school teacher, who has teaching experience in mathematics, physics,
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chemistry, physical science, learning technology, or information technology, selected by the
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superintendent of public instruction.
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(b) Committee members shall receive no compensation or benefits for their service on the
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committee, but may receive per diem and expenses incurred in the performance of their duties at
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rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
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(3) (a) The committee shall receive and review applications submitted for participation in
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the Public Education Job Enhancement Program established under Section
53A-1a-601
.
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(b) In reviewing applications, the committee shall focus on:
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(i) the prioritized critical areas of need identified under Subsection (5)(a); and
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(ii) the awards being made on a competitive basis.
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(c) If the committee approves an application received under Subsection (3)(a), it shall
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contract directly with the teacher applicant to receive the award or the scholarship for a master's
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degree, an endorsement, or graduate education, subject to [Subsection] Section
53A-1a-601
[(2)].
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(d) The State Board of Education, through the superintendent of public instruction, shall
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provide staff support for the committee and adequate and reliable data on the state's supply of and
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demand for qualified secondary teachers in [the subjects listed in Subsection
53A-1a-601
(1)]
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mathematics, physics, chemistry, physical science, learning technologies, and information
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technology.
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(4) The committee may apply for grants and matching monies to enhance funding available
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for the program established in Section
53A-1a-601
.
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(5) The committee shall make a rule in accordance with Title 63, Chapter 46a, Utah
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Administrative Rulemaking Act, establishing policies and procedures for:
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(a) making the awards and offering the scholarships in accordance with prioritized critical
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areas of need as determined by the committee;
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(b) timelines for the submission and approval of applications under Subsection (3); and
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(c) the distribution of the awards and scholarships to successful applicants based on
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available monies provided by legislative appropriation.
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(6) The Legislature shall make an annual appropriation to the State Board of Education
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to fund the Public Education Job Enhancement Program established under Section
53A-1a-601
.
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(7) [The] Before October 1, 2004, the committee shall make [an annual] a report to the
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Legislature through the Education Interim Committee, the governor, the State Board of Education,
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and the State Board of Regents on the status of the program, together with any recommendations
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for modification, expansion, or termination of the program.
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Section 6.
Section
53A-3-402.11
is amended to read:
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53A-3-402.11. Reading Performance Improvement Scholarship Program.
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(1) There is established a Reading Performance Improvement Scholarship Program to
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assist selected elementary teachers in obtaining a reading endorsement so that they may help
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improve the reading performance of students in their classes.
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(2) The State Board of Education shall award scholarships of up to $500 to each recipient
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under the program.
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(3) The board shall give weighted consideration to scholarship applicants who:
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(a) teach in grades kindergarten through three;
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(b) are designated by their schools as, or are seeking the designation of, reading specialist;
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and
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(c) teach in a rural area of the state.
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(4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
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board shall provide by rule for:
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(a) the application procedure for the scholarship; and
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(b) what constitutes a reading specialist at the elementary school level.
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[(5) The board shall provide the Legislature, through its Education Interim Committee, and
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the governor with an annual evaluation of the program, together with recommendations for
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continuance or expansion of the program.]
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Section 7.
Section
53A-3-424
is amended to read:
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53A-3-424. Rulemaking -- Reporting.
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[(1)] The State Office of Education may make rules in accordance with Title 63, Chapter
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46a, Utah Administrative Rulemaking Act, regarding compliance standards and reporting
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requirements for local school boards with respect to the policy required by Section
53A-3-422
.
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[(2) The State Office of Education shall make a report to the Education Interim Committee
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of the Legislature at least once every three years regarding the compliance of local school boards
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with Section
53A-3-422
.]
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Section 8.
Section
53A-3-602.5 (Effective 07/01/02)
is amended to read:
291
53A-3-602.5 (Effective 07/01/02). School performance report -- Components --
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Annual filing.
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(1) The State Board of Education in collaboration with the state's 40 school districts shall
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develop a school performance report to inform the state's residents of the quality of schools and
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the educational achievement of students in the state's public education system.
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(2) The report shall be written and include the following statistical data for each school
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in each school district, as applicable, and shall also aggregate the data at the district and state level:
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(a) except as provided in Subsection (2)(a)(ii), test scores over the previous year on:
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(i) norm-referenced achievement tests;
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(ii) criterion-referenced tests beginning with the 2001-02 school year, to include the scores
301
aggregated for all students by grade level or course for the previous two years and an indication
302
of whether there was a sufficient magnitude of gain in the scores between the two years;
303
(iii) writing assessments required under [Subsection] Section
53A-1-603
[(2)(c)]; and
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(iv) tenth grade basic skills competency tests required under [Subsection] Section
305
53A-1-603
[(2)(d)];
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(b) college entrance examinations, including the number and percentage of each graduating
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class taking the examinations for the previous four years;
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(c) advanced placement and concurrent enrollment data, including:
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(i) the number of students taking advanced placement and concurrent enrollment courses;
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(ii) the number and percent of students taking a specific advanced placement course who
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take advanced placement tests to receive college credit for the course;
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(iii) of those students taking the test referred to in Subsection (2)(c)(ii), the number and
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percent who pass the test; and
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(iv) of those students taking a concurrent enrollment course, the number and percent of
315
those who receive college credit for the course;
316
(d) the number and percent of students through grade ten reading at or above grade level;
317
(e) the number and percent of students who were absent from school ten days or more
318
during the school year;
319
(f) achievement gaps that reflect the differences in achievement of various student groups
320
as defined by State Board of Education rule;
321
(g) the number and percent of "student dropouts" within the district as defined by State
322
Board of Education rule;
323
(h) course-taking patterns and trends in secondary schools;
324
(i) student mobility;
325
(j) staff qualifications, to include years of professional service and the number and percent
326
of staff who have a degree or endorsement in their assigned teaching area and the number and
327
percent of staff who have a graduate degree;
328
(k) the number and percent of parents who participate in SEP, SEOP, and parent-teacher
329
conferences;
330
(l) the number and percent of students who participate in extracurricular activities, to
331
include a statement on the amount of class time missed by students and faculty for those activities
332
which require them to miss normal class time during the school day and the total number of
333
individuals involved in missing normal class time;
334
(m) average class size by grade level and subject;
335
(n) average daily attendance as defined by State Board of Education rule, including every
336
period in secondary schools; and
337
(o) enrollment totals disaggregated with respect to race, ethnicity, gender, limited English
338
proficiency, and those students who qualify for free or reduced price school lunch.
339
(3) The State Board of Education, in collaboration with the state's school districts, shall
340
provide for the collection and electronic reporting of the following data for each school in each
341
school district:
342
(a) test scores and trends over the previous four years on the tests referred to in Subsection
343
(2)(a);
344
(b) the average grade given in each math, science, and English course in grades 9 through
345
12 for which criteria-referenced tests are required under [Subsection] Section
53A-1-603
[(2)(b)];
346
[(c) the number of volunteers and volunteer hours;]
347
[(d)] (c) incidents of student discipline as defined by State Board of Education rule,
348
including suspensions, expulsions, and court referrals; and
349
[(e)] (d) the number and percent of students receiving fee waivers and the total dollar
350
amount of fees waived.
351
(4) (a) The State Board of Education shall adopt common definitions and data collection
352
procedures for local school boards to use in collecting and forwarding the data required under
353
Subsections (2) and (3) to the state superintendent of public instruction.
354
(b) The state board, through the state superintendent of public instruction, shall adopt
355
standard reporting forms and provide a common template for collecting and reporting the data,
356
which shall be used by all school districts.
357
(c) The state superintendent shall use the automated decision support system [proposed
358
for authorization by the Legislature in the 2000 General Session in Subsection] referred to in
359
Section
53A-1-301
[(2)(e)] to collect and report the data required under Subsections (2) and (3)[,
360
contingent upon approval of the proposal and its required appropriation].
361
(5) (a) For the school year ending June 30, 2003, and for each year thereafter, the state
362
board, through the state superintendent of public instruction, shall issue its report annually by
363
October 1 to include the required data from the previous school year or years as indicated in
364
Subsections (2) and (3).
365
(b) The state board shall determine the nature and extent of longitudinal data to be reported
366
under Subsections (2)(b), (c), and (d) and (3)(a) during the first three years of the reporting
367
program, with the baseline reporting year beginning July 1, 2002 and ending June 30, 2003.
368
(6) (a) Each local school board shall receive a written or an electronic copy of the report
369
from the state superintendent of public instruction containing the data for that school district in a
370
clear summary format and have it distributed, on a one per household basis, to the residence of
371
students enrolled in the school district before November 30th of each year.
372
(b) Each local school board and the state board shall have a complete report of the
373
statewide data available for copying or in an electronic format at their respective offices.
374
Section 9.
Section
53A-11-904
is amended to read:
375
53A-11-904. Grounds for suspension or expulsion from a public school.
376
(1) A student may be suspended or expelled from a public school for any of the following
377
reasons:
378
(a) frequent or flagrant willful disobedience, defiance of proper authority, or disruptive
379
behavior, including the use of foul, profane, vulgar, or abusive language;
380
(b) willful destruction or defacing of school property;
381
(c) behavior or threatened behavior which poses an immediate and significant threat to the
382
welfare, safety, or morals of other students or school personnel or to the operation of the school;
383
(d) possession, control, or use of an alcoholic beverage as defined in Section
32A-1-105
;
384
or
385
(e) behavior proscribed under Subsection (2) which threatens harm or does harm to the
386
school or school property, to a person associated with the school, or property associated with [any
387
such] that person, regardless of where it occurs.
388
(2) (a) A student shall be suspended or expelled from a public school for any of the
389
following reasons:
390
(i) any serious violation affecting another student or a staff member, or any serious
391
violation occurring in a school building, in or on school property, or in conjunction with any
392
school activity, including:
393
(A) the possession, control, or actual or threatened use of a real weapon, explosive, or
394
noxious or flammable material under Section
53A-3-502
[,];
395
(B) the actual or threatened use of a look alike weapon with intent to intimidate another
396
person or to disrupt normal school activities[,]; or
397
(C) the sale, control, or distribution of a drug or controlled substance as defined in Section
398
58-37-2
, an imitation controlled substance defined in Section
58-37b-2
, or drug paraphernalia as
399
defined in Section
58-37a-3
; or
400
(ii) the commission of an act involving the use of force or the threatened use of force
401
which if committed by an adult would be a felony or class A misdemeanor.
402
(b) A student who commits a violation of Subsection (2)(a) involving a real or look alike
403
weapon, explosive, or flammable material shall be expelled from school for a period of not less
404
than one year subject to the following:
405
(i) within 45 days after the expulsion the student shall appear before the student's local
406
school board superintendent or the superintendent's designee, accompanied by a parent or legal
407
guardian; and
408
(ii) the superintendent shall determine:
409
(A) what conditions must be met by the student and the student's parent for the student to
410
return to school;
411
(B) if the student should be placed on probation in a regular or alternative school setting
412
consistent with Section
53A-11-907
, and what conditions must be met by the student in order to
413
ensure the safety of students and faculty at the school the student is placed in; and
414
(C) if it would be in the best interest of both the school district and the student to modify
415
the expulsion term to less than a year, conditioned on approval by the local school board and
416
giving highest priority to providing a safe school environment for all students.
417
(3) A student may be denied admission to a public school on the basis of having been
418
expelled from that or any other school during the preceding 12 months.
419
(4) A suspension or expulsion under this section is not subject to the age limitations under
420
Subsection
53A-11-102
(1).
421
(5) [(a)] Each local school board shall prepare an annual report for the State Board of
422
Education on:
423
[(i)] (a) each violation committed under this section; and
424
[(ii)] (b) each action taken by the school district against a student who committed the
425
violation.
426
[(b) The State Board of Education shall make an annual report by November 30 to the
427
Legislature's Education Interim Committee on the information compiled under Subsection (5)(a).]
428
Section 10.
Section
53A-12-201.5
is amended to read:
429
53A-12-201.5. State plan to meet textbook needs -- Monitoring and auditing of
430
textbook programs.
431
(1) (a) The State Board of Education, in consultation with local school boards and local
432
superintendents, shall design and implement a statewide plan to:
433
(i) provide for an adequate supply of textbooks for students in the state's public schools
434
on an ongoing basis; and
435
(ii) replace outdated textbooks or textbooks in poor condition.
436
(b) The board shall review the plan annually and make modifications if necessary to meet
437
the requirements of Subsection (1)(a).
438
(c) (i) Each local school board shall provide an annual report to the State Board of
439
Education by August 1 on:
440
(A) the district's textbook needs from the just completed school year;
441
(B) monies received prior to and during the school year to meet those needs by source and
442
amount; and
443
(C) how the monies received under Subsection (1)(c)(i)(B) were spent to meet the needs
444
identified under Subsection (1)(c)(i)(A).
445
(ii) The state board, through the superintendent of public instruction, shall provide a
446
summary report of the data received under Subsection (1)(c)(i) to the Legislative Education Interim
447
Committee by October 1 [of] each year through 2005.
448
(2) The State Board of Education shall:
449
(a) make a rule in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
450
Act, that provides uniform guidelines for determining what constitutes:
451
(i) an adequate supply of textbooks; and
452
(ii) an outdated textbook and a textbook in poor condition; and
453
(b) determine if the definition of textbooks under Section
53A-12-202
should be modified
454
for purposes of this chapter and make its recommendation to the Education Interim Committee of
455
the Legislature prior to November 30, 2001.
456
(3) (a) The State Board of Education and the Legislative Auditor General's Office shall
457
jointly monitor and conduct an audit of the funding sources and expenditures for textbooks in the
458
state's public schools.
459
(b) The monitoring and audit shall cover a period of at least three but no more than five
460
years, beginning with the 2000-01 school year.
461
Section 11.
Section
53A-15-205
is amended to read:
462
53A-15-205. Disability Determination Services Advisory Council -- Membership --
463
Duties -- Requirements for DDDS.
464
(1) As used in this section, "council" means the Disability Determination Services
465
Advisory Council created in Subsection (2).
466
(2) There is created the Disability Determination Services Advisory Council to act as an
467
advisory council to the State Board of Education regarding the Division of Disability
468
Determination Services (DDDS) established under Chapter 24, Part 5.
469
(3) The council is composed of the following members:
470
(a) the administrator of DDDS;
471
(b) a representative of the United States Department of Health and Human Services, Social
472
Security Administration, appointed by the board; and
473
(c) nine persons, appointed by the board in accordance with Subsections (5) and (6), who
474
represent a cross section of:
475
(i) persons with disabilities;
476
(ii) advocates for persons with disabilities;
477
(iii) health care providers;
478
(iv) representatives of allied state and local agencies; and
479
(v) representatives of the general public.
480
(4) The members appointed under Subsections (3)(a) and (3)(b) serve as nonvoting
481
members of the council.
482
(5) In appointing the members described in Subsection (3)(c), the board shall:
483
(a) solicit nominations from organizations and agencies that represent the interests of
484
members described in that subsection; and
485
(b) make every effort to create a balance in terms of geography, sex, race, ethnicity, and
486
type of both mental and physical disabilities.
487
(6) (a) In making initial appointments of members described in Subsection (3)(c), the
488
board shall appoint three members for two-year terms, three members for four-year terms, and
489
three members for six-year terms. All subsequent appointments are for four years.
490
(b) The board shall fill any vacancy that occurs on the council for any reason by appointing
491
a person for the unexpired term of the vacated member.
492
(c) Council members are eligible for one reappointment and serve until their successors
493
are appointed.
494
(7) Five voting members of the council constitute a quorum. The action of a majority of
495
a quorum represents the action of the council.
496
(8) Members of the council serve without compensation but may be reimbursed for
497
expenses incurred in the performance of their official duties.
498
(9) (a) The council shall annually elect a chairperson from among the membership
499
described, and shall adopt bylaws governing its activities.
500
(b) The chairperson shall set the meeting agenda.
501
(10) The council shall:
502
(a) advise DDDS and the Social Security Administration regarding its practices and
503
policies on the determination of claims for social security disability benefits;
504
(b) participate in the development of new internal practices and procedures of DDDS and
505
policies of the Social Security Administration regarding the evaluation of disability claims;
506
(c) recommend changes to practices and policies to ensure that DDDS is responsive to
507
disabled individuals;
508
(d) review the DDDS budget to ensure that it is adequate to effectively evaluate disability
509
claims and to meet the needs of persons with disabilities who have claims pending with DDDS;
510
and
511
(e) review and recommend changes to policies and practices of allied state and federal
512
agencies, health care providers, and private community organizations.
513
(11) The council shall annually report to the board, the governor, and the Legislative
514
[Education and] Health and Human Services Interim [Committees] Committee regarding its
515
activities.
516
(12) (a) To assist the council in its duties, DDDS shall provide the necessary staff
517
assistance to enable the council to make timely and effective recommendations.
518
(b) Staff assistance may include:
519
(i) distributing meeting agendas;
520
(ii) advising the chairpersons of the council regarding relevant items for council
521
discussion; and
522
(iii) providing reports, documents, budgets, memorandums, statutes, and regulations
523
regarding the management of DDDS.
524
(c) Staff assistance shall include maintaining minutes.
525
Section 12.
Section
53A-15-701
is amended to read:
526
53A-15-701. Highly impacted schools.
527
(1) There is established a Highly Impacted Schools Program to provide additional
528
resources for individual assistance to students at those schools determined by the board to be
529
highly impacted.
530
(2) (a) The State Board of Education, in consultation with the governor's office, shall base
531
its determination of highly impacted schools on the following criteria as reported by the schools
532
in their applications:
533
(i) high student mobility rates within each school;
534
(ii) the number and percentage of students at each school who apply for free school lunch;
535
(iii) the number and percentage of ethnic minority students at each school;
536
(iv) the number and percentage of limited English proficiency students at each school; and
537
(v) the number and percentage of students at each school from a single parent family.
538
(b) As used in this section, "single parent family" means a household headed by a male
539
without a wife present or by a female without a husband present.
540
(3) (a) The board, through the state superintendent of public instruction, shall establish
541
application deadlines for participation in the program.
542
(b) (i) The appropriation required to implement the Highly Impacted Schools Program shall
543
be made under Title 53A, Chapter 17a, Minimum School Program Act.
544
(ii) The state superintendent of public instruction shall administer and distribute the
545
appropriation to individual schools according to a formula established by the board.
546
(c) (i) Each participating school shall receive a base allocation from the appropriation.
547
(ii) Additional monies from the appropriation shall be allocated on the basis of a formula
548
which takes into consideration the total number of students at each participating school and the
549
number of students at each school who are within the categories listed in Subsection (2).
550
(4) This appropriation is in addition to any appropriation made for class-size reduction
551
under Section
53A-17a-124.5
.
552
(5) A highly impacted school may use part or all of its allocation to lengthen the school
553
year or extend the school day in order to provide individual assistance to students.
554
(6) [(a)] The board shall monitor the program and require each participant school to file
555
a report on the use and effectiveness of the appropriation in meeting the educational needs and
556
involving parents of students who attend these highly impacted schools.
557
[(b) The board shall make an annual report to the Legislature on the success of the overall
558
program.]
559
[(7) The funding formula criteria shall be reviewed by the interim education committee
560
by December 1997. In addition, a review shall be prepared by the legislative fiscal analyst.]
561
Section 13.
Section
53B-6-105.5
is amended to read:
562
53B-6-105.5. Technology Initiative Advisory Board -- Composition -- Duties.
563
(1) There is created a Technology Initiative Advisory Board to assist and make
564
recommendations to the State Board of Regents in its administration of the Engineering and
565
Computer Science Initiative established under Section
53B-6-105
.
566
(2) (a) The advisory board shall consist of individuals appointed by the governor from
567
business and industry who have expertise in the areas of engineering, computer science, and related
568
technologies.
569
(b) The advisory board shall select a chair and cochair.
570
(c) The advisory board shall meet at the call of the chair.
571
(d) The State Board of Regents, through the commissioner of higher education, shall
572
provide staff support for the advisory board.
573
(3) Members of the advisory board shall receive no compensation for their service on the
574
board, but may receive per diem and expenses incurred in the performance of their duties at rates
575
established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
576
(4) The advisory board [has the following duties and responsibilities] shall:
577
(a) [to] make recommendations to the State Board of Regents on the allocation and
578
distribution of monies appropriated to fund:
579
(i) the faculty incentive program established in Section
53B-6-105.9
; and [the]
580
(ii) equipment purchases required to improve the quality of instructional programs [under
581
Subsection
53B-6-105
(2)(b)(i) to include] in engineering, computer science, and related
582
technology;
583
[(i)] (b) prepare a strategic plan that details actions required by the [board of regents] State
584
Board of Regents to meet the intent of the Engineering and Technology Science Initiative; [and]
585
[(ii) a] (c) review and [assessment of] assess engineering, computer science, and related
586
technology programs currently being offered at higher education institutions and their impact on
587
the economic prosperity of the state;
588
[(b) to] (d) provide the State Board of Regents with an assessment and reporting plan that:
589
(i) measures results against expectations under the initiative, including verification of the
590
matching requirements for institutions of higher education to receive monies under [Subsection]
591
Section
53B-6-105.9
[(1)]; and
592
(ii) includes an analysis of market demand for technical employment, program articulation
593
among higher education institutions in engineering, computer science, and related technology,
594
tracking of student placement, student admission to the initiative program by region, transfer rates,
595
and retention in and graduation rates from the initiative program; and
596
[(c) to] (e) make an annual report of its activities to the State Board of Regents, the
597
Legislature through the Education Interim Committee and the Higher Education Appropriations
598
Subcommittee, and the governor.
599
(5) The annual report of the Technology Initiative Advisory Board shall include the
600
summary report of the institutional matches described in Section
53B-6-105.9
.
601
Section 14.
Section
53B-6-105.9
is amended to read:
602
53B-6-105.9. Incentive program for engineering, computer science, and related
603
technology faculty.
604
(1) The Legislature shall provide an annual appropriation to help fund the faculty incentive
605
component of the Engineering and Computer Science Initiative established under [Subsection]
606
Section
53B-6-105
[(2)(b)(ii)(B)].
607
(2) The appropriation shall be used to hire, recruit, and retain outstanding faculty in
608
engineering, computer science, and related technology fields under guidelines established by the
609
State Board of Regents.
610
(3) (a) State institutions of higher education shall match the appropriation on a one-to-one
611
basis in order to qualify for state monies appropriated under Subsection (1).
612
(b) (i) Qualifying institutions shall annually report their matching dollars to the board.
613
(ii) The board shall make a summary report of the institutional matches [to the Education
614
Interim Committee of the Legislature].
615
(iii) The annual report of the Technology Initiative Advisory Board required by Section
616
53B-6-105.5
shall include the summary report of the institutional matches.
617
(4) The board shall make a rule in accordance with Title 63, Chapter 46a, Utah
618
Administrative Rulemaking Act, establishing policies and procedures to apply for and distribute
619
the state appropriation to qualifying institutions.
620
Section 15.
Section
53B-8b-109
is amended to read:
621
53B-8b-109. Annual audited financial report.
622
(1) The board shall submit an annual audited financial report, prepared in accordance with
623
generally accepted accounting principles, on the operations of the trust by November 1 to the
624
governor[, the Legislature's Education Interim Committee,] and the state auditor.
625
(2) The annual audit shall be made either by the state auditor or by an independent certified
626
public accountant designated by the state auditor and shall include direct and indirect costs
627
attributable to the use of outside consultants, independent contractors, and any other persons who
628
are not state employees.
629
(3) The board shall supplement the annual audit with the following information prepared
630
by the board:
631
(a) studies or evaluations prepared in the preceding year;
632
(b) a summary of the benefits provided by the trust, including the number of participants
633
and designated beneficiaries under the trust; and
634
(c) any other information which is relevant in order to make a full, fair, and effective
635
disclosure of the operations of the trust.
636
Section 16.
Section
63-75-7
is amended to read:
637
63-75-7. Evaluation of programs -- Report to legislative interim committee.
638
(1) At the end of each fiscal year, a final report shall be submitted to the council
639
summarizing the outcome of each project under this chapter.
640
(2) (a) The council may conduct an independent evaluation of any or all of the projects to
641
assess the status of services provided and identified outcomes.
642
(b) The council shall prepare and deliver a report on the program to the Legislature's
643
Education, Health and Human Services, and Judiciary Interim Committees [prior to each annual
644
general session] before October 1, 2005.
645
(c) The report shall include a recommendation by the council as to whether the program
646
should be terminated, continued, or expanded.
647
Section 17. Repealer.
648
This act repeals:
649
Section 53A-1a-109, Annual review and reports.
Legislative Review Note
as of 11-20-01 9:18 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Committee Note
The Education Interim Committee recommended this bill.
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