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S.B. 154
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PUBLIC EDUCATION AMENDMENTS
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2003 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Thomas V. Hatch
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This act modifies the State System of Public Education Code and the Election Code
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relating to the governance and funding of the public education system, the core academic
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skills, assessment and accountability, and school choice. This act modifies the
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membership of and the qualifications used by the nominating committee to select
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candidates for membership on the State Board of Education. This act expands local
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school board membership for certain local school boards. This act requires the core
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curriculum to increase in depth and complexity from year to year and focus on consistent
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and continual progress in the core academic areas of English, mathematics, and science.
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This act requires U-PASS scores to be aligned with national benchmarks. This act
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creates the Competency-based Education Council and specifies its membership, chairs,
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term of office, compensation, duties, and required report. This act provides an emphasis
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on competency-based education and measurement systems as a characteristic of the
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public education system. This act allows local boards of education to hire a
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superintendent and other administrators with outstanding professional qualifications
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who do not hold an administrative/supervisory license. This act prohibits a local school
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board from entering into a collective bargaining agreement that prohibits or limits
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individual contracts of employment. This act allows teacher licenses to be awarded based
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on the demonstrated competence of the teacher. This act makes teachers with
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district-specific licenses ineligible for career employee status. This act increases
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curriculum and graduation requirements for grades 9 through 12 in language arts,
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mathematics, and science. This act creates the Competency based Education Block Grant
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Program and appropriates, beginning on July 1, 2003, $30,000,000 to the program. This
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act requires the State Board of Education to study, make recommendations, and report to
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the Education Interim Committee on an enumerated list of strategies to improve public
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education. This act appropriates $150,000 for fiscal year 2002-03 only to the Office of
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Legislative Research and General Counsel to allow the Education Interim Committee to
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issue a specified request for proposals. This act requires the Public Education
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Appropriations Subcommittee to study and report on specified funding issues. This act
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authorizes additional legislative committee meetings during the 2003 interim and
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appropriates $24,500 from the General Fund, for fiscal year 2003-04 only, to cover the
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additional meeting expenses. This act makes technical corrections.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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20A-14-104, as last amended by Chapter 184, Laws of Utah 1997
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20A-14-105, as enacted by Chapter 1, Laws of Utah 1995
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20A-14-202, as last amended by Chapter 331, Laws of Utah 2000
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53A-1-301, as last amended by Chapter 244, Laws of Utah 2002
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53A-1-402, as last amended by Chapter 244, Laws of Utah 2002
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53A-1-402.6, as last amended by Chapters 299 and 324, Laws of Utah 2002
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53A-1-603, as last amended by Chapter 7, Laws of Utah 2002, Fifth Special Session
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53A-1a-104, as last amended by Chapter 86, Laws of Utah 2001
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53A-3-301, as last amended by Chapter 331, Laws of Utah 2000
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53A-3-402, as last amended by Chapters 322 and 324, Laws of Utah 2002
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53A-3-403, as last amended by Chapter 53, Laws of Utah 1992
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53A-3-404, as last amended by Chapter 297, Laws of Utah 2001
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53A-3-411, as enacted by Chapter 2, Laws of Utah 1988
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53A-6-103, as last amended by Chapter 253, Laws of Utah 2002
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53A-6-104, as last amended by Chapter 41, Laws of Utah 2002
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53A-6-502, as enacted by Chapter 108, Laws of Utah 1999
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53A-8-106, as repealed and reenacted by Chapter 324, Laws of Utah 1999
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ENACTS:
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53A-1-901, Utah Code Annotated 1953
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53A-1-902, Utah Code Annotated 1953
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53A-6-104.5, Utah Code Annotated 1953
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53A-6-110, Utah Code Annotated 1953
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53A-13-108, Utah Code Annotated 1953
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53A-17a-149, Utah Code Annotated 1953
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This act enacts uncodified material.
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-14-104
is amended to read:
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20A-14-104. Becoming a candidate for membership on the State Board of
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Education -- Nominating committees -- Membership -- Procedure -- Duties.
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(1) (a) Persons interested in becoming a candidate for the State Board of Education
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shall file a declaration of candidacy according to the procedures and requirements of Sections
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20A-9-201
and
20A-9-202
.
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(b) By June 1 of the year in which a State Board of Education member's term expires,
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the lieutenant governor shall submit the name of each person who has filed a declaration of
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candidacy for the State Board of Education to the nominating committee for the State Board of
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Education [district in which that candidate resides].
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(2) By May 1 of the year in which a State Board of Education member's term expires,
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the governor shall:
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(a) appoint a nominating committee consisting of [seven] ten members, each to serve a
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one-year term, [for the state board district that member represents;] of which:
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(i) five members shall have education expertise; and
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(ii) five members shall have business, industry, or employer expertise;
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(b) ensure that each member of the nominating committee resides within the state
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[board district]; and
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[(c) ensure that:]
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[(i) one member of the nominating committee serves on a local school board within the
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state board district;]
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[(ii) one member of the nominating committee is employed as a school district or
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public school administrator;]
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[(iii) one member of the nominating committee is employed as a public school
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teacher;]
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[(iv) one member of the nominating committee belongs to a parent association that
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provides direct and ongoing support to public schools within the district; and]
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[(v) three members of the nominating committee represent economic interests and the
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public at large; and]
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[(d)] (c) designate one member to serve as chair for the committee.
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(3) (a) The chair, or another member of the committee designated by the chair, shall
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schedule and convene all committee meetings.
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(b) Any formal action by the committee requires the approval of [at least four] a
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majority of committee members.
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(c) Members of the nominating committee shall serve without compensation, but they
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may be reimbursed for expenses incurred in the performance of their official duties as
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established by the Division of Finance.
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(4) [Each] The nominating committee shall:
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(a) prepare a list of candidates for membership on the State Board of Education [from
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its district] for each state board district subject to election in that year using the qualifications
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under Subsection (5);
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(b) submit a list of [up to five but no fewer than] at least three candidates for [the] each
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state board position to the governor by August 1; and
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(c) ensure that the list includes appropriate background information on each candidate.
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(5) The nominating committee shall select a broad variety of candidates who possess
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outstanding professional qualifications relating to the powers and duties of the State Board of
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Education, including experience in the following areas:
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(a) business and industry administration;
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(b) business and industry human resource management;
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(c) business and industry finance;
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(d) business and industry, including expertise in:
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(i) metrics and evaluation;
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(ii) manufacturing;
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(iii) retailing;
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(iv) natural resources;
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(v) information technology;
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(vi) construction; and
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(v) banking;
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(e) higher education administration;
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(f) applied technology education;
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(g) public education administration;
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(h) public education instruction;
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(i) economic development; and
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(j) labor.
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Section 2.
Section
20A-14-105
is amended to read:
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20A-14-105. Becoming a candidate for membership on the State Board of
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Education -- Selection of candidates by the governor -- Ballot placement.
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(1) By September 1 of each regular general election year, the governor shall:
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(a) for each state board district subject to election in that year, select two candidates
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for the State Board of Education from the lists submitted by the state board district nominating
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[committees] committee; and
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(b) certify the names of the two candidates from each school board district to the
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lieutenant governor.
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(2) If the governor fails to select two candidates for a state board district by September
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1, the nominating committee [from that district] shall:
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(a) select the two candidates; and
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(b) notify the lieutenant governor of its selections by September 15.
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(3) The lieutenant governor shall:
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(a) conduct a lottery to determine the order of the candidates' names on the ballot; and
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(b) certify the names and order of the names to the county clerks for placement on the
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nonpartisan section of the ballot.
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Section 3.
Section
20A-14-202
is amended to read:
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20A-14-202. Local Boards of Education -- Membership -- When elected --
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Qualifications -- Avoiding conflicts of interest.
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(1) (a) [The] Except as provided in Subsection (1)(b), the board of education of a
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school district with a student population of up to 24,000 students shall consist of five members.
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(b) The board of education of a school district with a student population of more than
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14,000 students but fewer than 24,000 students shall increase from five to seven members
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beginning with the [2002] 2004 regular general election.
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(c) The board of education of a school district with a student population of 24,000 or
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more students shall consist of seven members.
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[(c)] (d) Student population is based on the October 1 student count submitted by
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districts to the State Office of Education.
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[(d)] (e) If the number of members of a local school board is required to change under
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Subsection (1)(b), the board shall be reapportioned and elections conducted as provided in
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Sections
20A-14-201
and
20A-14-203
.
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[(e)] (f) A school district which now has or increases to a seven-member board shall
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maintain a seven-member board regardless of subsequent changes in student population.
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[(f)] (g) (i) Members of a local board of education shall be elected at each regular
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general election.
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(ii) Except as provided in Subsection (1)[(f)](g)(iii), no more than three members of a
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local board of education may be elected to a five-member board, nor more than four members
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elected to a seven-member board, in any election year.
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(iii) More than three members of a local board of education may be elected to a
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five-member board and more than four members elected to a seven-member board in any
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election year only when required by reapportionment or to fill a vacancy or to implement
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Subsection (1)(b).
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[(g)] (h) One member of the local board of education shall be elected from each local
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school board district.
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(2) A member of a local school board shall:
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(a) be and remain a registered voter in the local school board district from which the
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member is elected or appointed; and
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(b) maintain his primary residence within the local school board district from which the
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member is elected or appointed.
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(3) A member of a local school board may not, during the member's term in office, also
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serve as an employee of that board.
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Section 4.
Section
53A-1-301
is amended to read:
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53A-1-301. Appointment -- Qualifications -- Duties.
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(1) (a) The State Board of Education shall appoint a superintendent of public
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instruction, hereinafter called the state superintendent, who is the executive officer of the board
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and serves at the pleasure of the board.
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(b) The board shall appoint the state superintendent on the basis of outstanding
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professional qualifications.
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(c) The state superintendent shall administer all programs assigned to the State Board
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of Education in accordance with the policies and the standards established by the board.
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(2) The superintendent shall develop a statewide education strategy focusing on core
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academics, including the development of:
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(a) core curriculum and graduation requirements;
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(b) a process to select instructional materials that best correlate to the core curriculum
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and graduation requirements;
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(c) professional development programs for teachers, superintendents, and principals;
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(d) remediation programs;
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(e) a method for creating individual student targets and development plans, and a
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method of measuring an individual student's performance toward those targets;
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(f) metrics for ongoing performance evaluations of districts and schools;
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(g) incentives to achieve the desired outcome of individual student progress in core
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academics, and which do not create disincentives for setting high goals for the students;
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(h) an annual report card for school and district performance, measuring learning and
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reporting value-added;
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(i) a systematic method to encourage innovation in schools and school districts as they
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strive to achieve improvement in their performance; and
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(j) a method for identifying and sharing best demonstrated practices across districts and
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schools.
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[(2)] (3) The superintendent shall perform duties assigned by the board, including the
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following:
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(a) investigating all matters pertaining to the public schools;
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(b) adopting and keeping an official seal to authenticate the superintendent's official
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acts;
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(c) holding and conducting meetings, seminars, and conferences on educational topics;
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(d) presenting to the governor and the Legislature each December a report of the public
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school system for the preceding year to include:
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(i) data on the general condition of the schools with recommendations considered
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desirable for specific programs;
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(ii) a complete statement of fund balances;
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(iii) a complete statement of revenues by fund and source;
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(iv) a complete statement of adjusted expenditures by fund, the status of bonded
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indebtedness, the cost of new school plants, and school levies;
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(v) a complete statement of state funds allocated to each of the state's 40 school
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districts by source, including supplemental appropriations, and a complete statement of
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expenditures by each district, including supplemental appropriations, by function and object as
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outlined in the U.S. Department of Education publication "Financial Accounting for Local and
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State School Systems";
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(vi) a statement that includes such items as fall enrollments, average membership, high
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school graduates, licensed and classified employees, pupil-teacher ratios, average salaries,
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applicable private school data, and data from standardized norm-referenced tests in grades 5, 8,
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and 11 on each school and district;
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(vii) statistical information regarding incidents of delinquent activity in the schools or
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at school-related activities with separate categories for:
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(A) alcohol and drug abuse;
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(B) weapon possession;
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(C) assaults; and
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(D) arson; and
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(viii) other statistical and financial information about the school system which the
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superintendent considers pertinent;
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(e) collecting and organizing education data into an automated decision support system
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to facilitate school district and school improvement planning, accountability reporting and
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performance recognition, and the evaluation of educational policy and program effectiveness to
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include:
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(i) data that are:
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(A) comparable across schools and school districts;
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(B) appropriate for use in longitudinal studies; and
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(C) comprehensive with regard to the data elements required under applicable state or
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federal law or state board rule;
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(ii) features that enable users, most particularly school administrators, teachers, and
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parents, to:
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(A) retrieve school and school district level data electronically;
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(B) interpret the data visually; and
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(C) draw conclusions that are statistically valid; and
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(iii) procedures for the collection and management of education data that:
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(A) require the state superintendent of public instruction to:
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(I) collaborate with school districts in designing and implementing uniform data
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standards and definitions;
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(II) undertake or sponsor research to implement improved methods for analyzing
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education data;
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(III) provide for data security to prevent unauthorized access to or contamination of the
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data; and
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(IV) protect the confidentiality of data under state and federal privacy laws; and
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(B) require all school districts to comply with the data collection and management
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procedures established under Subsection (2)(e); and
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(f) with the approval of the board, preparing and submitting to the governor a budget
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for the board to be included in the budget that the governor submits to the Legislature.
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[(3)] (4) Upon leaving office, the state superintendent shall deliver to his successor all
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books, records, documents, maps, reports, papers, and other articles pertaining to his office.
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Section 5.
Section
53A-1-402
is amended to read:
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53A-1-402. Board to establish minimum standards for public schools.
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(1) The State Board of Education shall establish rules and minimum standards for the
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public schools that are consistent with this title, including rules and minimum standards
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governing the following:
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(a) (i) the qualification and certification of educators and ancillary personnel who
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provide direct student services;
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(ii) required school administrative and supervisory services; and
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(iii) the evaluation of instructional personnel;
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(b) (i) access to programs;
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(ii) attendance;
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(iii) competency levels;
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(iv) graduation requirements; and
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(v) discipline and control;
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(c) (i) school accreditation;
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(ii) the academic year;
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(iii) alternative and pilot programs;
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(iv) curriculum and instruction requirements;
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(v) school libraries; and
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(vi) services to:
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(A) persons with a disability as defined by and covered under:
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(I) the Americans with Disabilities Act of 1990, 42 U.S.C. 12102;
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(II) the Rehabilitation Act of 1973, 29 U.S.C. 705(20)(A); and
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(III) the Individuals with Disabilities Education Act, 20 U.S.C. 1401(3); and
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(B) other special groups;
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(d) (i) state reimbursed bus routes;
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(ii) bus safety and operational requirements; and
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(iii) other transportation needs; and
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(e) (i) school productivity and cost effectiveness measures;
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(ii) federal programs;
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(iii) school budget formats; and
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(iv) financial, statistical, and student accounting requirements.
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(2) The board shall determine if:
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(a) the minimum standards have been met; and
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(b) required reports are properly submitted.
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(3) The board may apply for, receive, administer, and distribute to eligible applicants
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funds made available through programs of the federal government.
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(4) The board shall approve any competency-based high school diploma equivalent
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before any applied technology college may offer the diploma equivalent.
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(5) The board shall annually report to the Education Interim Committee on the progress
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of implementing the strategy of focusing on core academics and the results being achieved as
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measured by individual student progress and national benchmarks.
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Section 6.
Section
53A-1-402.6
is amended to read:
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53A-1-402.6. Core curriculum.
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(1) In establishing minimum standards related to curriculum and instruction
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requirements under Section
53A-1-402
, the State Board of Education shall, in consultation
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with local school boards, school superintendents, teachers, employers, and parents [define and
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establish] implement a core curriculum[.] which will enable students, through teamwork and
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cooperation, to:
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(a) communicate effectively, both verbally and through written communication;
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(b) apply mathematics; and
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(c) access, analyze, and apply information.
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(2) The board shall:
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(a) [include in its definition an identification of] identify the basic knowledge, skills,
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and competencies each student is expected to acquire or master as the student advances through
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the public education system; and
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(b) align the core curriculum and tests administered under the Utah Performance
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Assessment System for Students (U-PASS) with each other.
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(3) The basic knowledge, skills, and competencies identified pursuant to Subsection
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(2)(a) shall increase in depth and complexity from year to year and focus on consistent and
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continual progress within and between grade levels and courses in the core academic areas of:
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(a) English, including explicit phonics, spelling, grammar, reading, writing,
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vocabulary, speech, and listening;
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(b) mathematics, including basic computational skills; and
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(c) science.
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[(3)] (4) Local school boards shall design their school programs to focus on the core
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curriculum with the expectation that each program will enhance or help achieve mastery of the
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core curriculum.
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[(4)] (5) Except as provided in Section
53A-13-101
, each school may select
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instructional materials and methods of teaching that it considers most appropriate to meet core
337
curriculum objectives.
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Section 7.
Section
53A-1-603
is amended to read:
339
53A-1-603. Duties of State Board of Education.
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(1) The State Board of Education shall:
341
(a) require each school district to implement the Utah Performance Assessment System
342
for Students, hereafter referred to as U-PASS;
343
(b) require the state superintendent of public instruction to submit and recommend
344
criterion-referenced and norm-referenced achievement tests, a tenth grade basic skills
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competency test, and a direct writing assessment for grades 6 and 9 to the board for approval
346
and adoption and distribution to each school district by the state superintendent;
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(c) develop an assessment method to uniformly measure statewide performance,
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school district performance, and school performance of students in grades 1 through 12 in
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mastering basic skills courses; [and]
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(d) provide for the state to participate in the National Assessment of Educational
351
Progress state-by-state comparison testing program[.]; and
352
(e) align U-PASS scores with national benchmarks to facilitate the comparison of Utah
353
students' progress with the progress of students of other states.
354
(2) Under U-PASS, the state office shall annually require that each district administer:
355
(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
357
areas of the core curriculum;
358
(c) a direct writing assessment to all students in grades 6 and 9, with the first
359
assessment 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
361
the first test to be administered during the 2003-04 school year.
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(3) The board shall adopt rules for the conduct and administration of U-PASS to
363
include the following:
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(a) the computation of student performance based on information that is disaggregated
365
with respect to race, ethnicity, gender, limited English proficiency, and those students who
366
qualify for free or reduced price school lunch;
367
(b) security features to maintain the integrity of the system, which could include
368
statewide 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
370
English proficiency, mobility, and students with disabilities, with the percent or number of
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student test 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
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averages at the classroom level to allow for:
374
(i) an annual review of those scores by parents of students and professional and other
375
appropriate staff at the classroom level at the earliest point in time and consistent with the
376
timeline of the phase-in referred to in Section
53A-1-602
and this section, but no later than by
377
the end of the school year beginning with the 2003-04 school year;
378
(ii) the assessment of year-to-year student progress in specific classes, courses, and
379
subjects;
380
(iii) a teacher to review, prior to the beginning of a new school year for the 2003-04
381
school year and for each school year thereafter, test scores from the previous school year of
382
students who have been assigned to the teacher's class for the new school year; and
383
(iv) allowing a school district to have its tests administered and scored electronically to
384
accelerate the review of test scores and their usefulness to parents and educators under
385
Subsections (3)(d)(i), (ii), and (iii), without violating the integrity of U-PASS; and
386
(e) providing that:
387
(i) scores on the tests and assessments required under Subsection (2)(b) shall be
388
considered in determining a student's academic grade for the appropriate course and whether a
389
student shall advance to the next grade level; and
390
(ii) the student's score on the tenth grade basic skills competency test shall be recorded
391
on the student's transcript of credits.
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Section 8.
Section
53A-1-901
is enacted to read:
393
Part 9. Competency-based Education Council
394
53A-1-901. Competency-based Education Council -- Membership -- Chair --
395
Term of office -- Compensation.
396
(1) There is created the Competency-based Education Council.
397
(2) The council shall consist of the following five members:
398
(a) four members appointed by the governor, with the consent of the Senate:
399
(i) one member with experience in information technology development;
400
(ii) one member with experience in competency-based progress;
401
(iii) one member with experience in education research and best practices; and
402
(iv) one member with experience in business and industry; and
403
(b) the state superintendent of public instruction.
404
(3) The council shall elect a chair each year.
405
(4) (a) Except as required by Subsection (4)(b), the term of office of the members
406
appointed by the governor shall be four years, beginning July 1 of the year of appointment.
407
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
408
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
409
members are staggered so that approximately half of the council is appointed every two years.
410
(6) Each member shall hold office until the member's successor is appointed and
411
qualified.
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(7) When a vacancy occurs in the membership of the council for any reason, the
413
replacement shall be appointed for the unexpired term.
414
(8) The council shall meet at the discretion of the chair.
415
(9) (a) Members may not receive compensation or benefits for their services, but may
416
receive per diem and expenses incurred in the performance of the member's official duties at
417
the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
418
(b) Members may decline to receive per diem and expenses for their service.
419
Section 9.
Section
53A-1-902
is enacted to read:
420
53A-1-902. Competency-based Education Council -- Duties -- Report.
421
(1) The Competency-based Education Council shall:
422
(a) provide expertise to and consult with the board, local school boards, and school
423
districts relating to competency-based progress;
424
(b) monitor the expenditures of the Competency-based Education Block Grant Program
425
under Section
53A-17a-149
;
426
(c) make recommendations to the board relating to the amount and allocation of public
427
education monies required to implement:
428
(i) a value-added metrics system; and
429
(ii) a teacher development program focused on achieving progress in core academics;
430
and
431
(d) submit a report to the board prior to September 30 of each year that details the
432
council's findings in accordance with this section, including any recommendations.
433
Section 10.
Section
53A-1a-104
is amended to read:
434
53A-1a-104. Characteristics of public education system.
435
The Legislature shall assist in maintaining a public education system that has the
436
following characteristics:
437
(1) assumes that all students have the ability to learn and that each student departing
438
the system will be prepared to achieve success in productive employment, further education, or
439
both;
440
(2) provides a personalized education plan or personalized education occupation plan
441
for each student, which involves the student, the student's parent or guardian, and school
442
personnel in establishing the plan;
443
(3) provides students with the knowledge and skills to take responsibility for their
444
decisions and to make appropriate choices;
445
(4) provides opportunities for students to exhibit the capacity to learn, think, reason,
446
and work effectively, individually and in groups;
447
(5) offers a world-class core curriculum that enables students to successfully compete
448
in a global society, and to succeed as citizens of a constitutional republic;
449
(6) incorporates an information retrieval system that provides students, parents, and
450
educators with reliable, useful, and timely data on the progress of each student;
451
(7) attracts, prepares, inducts, and retains excellent teachers for every classroom in
452
large part through collaborative efforts among the State Board of Education, the State Board of
453
Regents, and school districts, provides effective ongoing professional development
454
opportunities for teachers to improve their teaching skills, and provides recognition, rewards,
455
and compensation for their excellence;
456
(8) empowers each school district and public school to create its own vision and plan
457
to achieve results consistent with the objectives outlined in this chapter;
458
(9) uses technology to improve teaching and learning processes and for the delivery of
459
educational services;
460
(10) promotes ongoing research and development projects at the district and the school
461
level that are directed at improving or enhancing public education;
462
(11) offers a public school choice program, which gives students and their parents
463
options to best meet the student's personalized education needs; [and]
464
(12) emphasizes the involvement of educators, parents, business partnerships, and the
465
community at large in the educational process by allowing them to be involved in establishing
466
and implementing educational goals and participating in decision-making at the school site[.];
467
and
468
(13) emphasizes competency-based progress, including tracking and measurement
469
systems.
470
Section 11.
Section
53A-3-301
is amended to read:
471
53A-3-301. Superintendent of schools -- Appointment -- Qualifications -- Term --
472
Compensation.
473
(1) A local school board shall appoint a district superintendent of schools who serves
474
as the board's chief executive officer.
475
(2) (a) The board shall appoint the superintendent on the basis of outstanding
476
professional qualifications.
477
(b) The superintendent's term of office is for two years and until a successor is
478
appointed and qualified.
479
(3) If it becomes necessary to appoint an interim superintendent due to a vacancy in the
480
office of superintendent, then the board shall make an appointment during a public meeting for
481
an indefinite term not to exceed one year, which term shall end upon the appointment and
482
qualification of a new superintendent.
483
(4) (a) The superintendent shall hold an administrative/supervisory license issued by
484
the State Board of Education, except as otherwise provided in Subsection (4)(b).
485
(b) A local board of education may request, and the State Board of Education shall
486
grant, a letter of authorization permitting a person with outstanding professional qualifications
487
to serve as superintendent without holding an administrative/supervisory license [if the district
488
has a student population of at least 15,000].
489
(5) The board shall set the superintendent's compensation for services.
490
(6) The superintendent qualifies for office by taking the constitutional oath of office.
491
Section 12.
Section
53A-3-402
is amended to read:
492
53A-3-402. Powers and duties generally.
493
(1) Each local school board shall:
494
(a) implement the core curriculum utilizing instructional materials that best correlate to
495
the core curriculum;
496
(b) administer tests, which measure the progress of each student, and coordinate with
497
the state superintendent and State Board of Education to assess results and create plans to
498
improve the student's progress which shall be submitted to the State Office of Education for
499
approval;
500
(c) use value-added metrics to identify schools, teachers, and students that need
501
remediation and utilize state and local resources to implement remediation;
502
(d) develop early warning systems for students or classes failing to make progress;
503
(e) work with the State Office of Education to establish a library of documented best
504
practices for use by the local districts; and
505
(f) coordinate with the State Office of Education and Utah's higher education
506
institutions to develop and implement training programs for school administrators, including
507
basic management training, best practices in instructional methods, budget training, staff
508
management, managing for learning results and continuous improvement, and how to help
509
every child achieve optimal learning in core academics.
510
[(1)] (2) Local school boards shall spend minimum school program funds for programs
511
and activities for which the State Board of Education has established minimum standards or
512
rules under Section
53A-1-402
.
513
[(2)] (3) (a) A board may purchase, sell, and make improvements on school sites,
514
buildings, and equipment and construct, erect, and furnish school buildings.
515
(b) School sites or buildings may only be conveyed or sold on board resolution
516
affirmed by at least two-thirds of the members.
517
[(3)] (4) (a) A board may participate in the joint construction or operation of a school
518
attended by children residing within the district and children residing in other districts either
519
within or outside the state.
520
(b) Any agreement for the joint operation or construction of a school shall:
521
(i) be signed by the president of the board of each participating district;
522
(ii) include a mutually agreed upon pro rata cost; and
523
(iii) be filed with the State Board of Education.
524
[(4)] (5) A board may establish, locate, and maintain elementary, secondary, and
525
applied technology schools.
526
[(5)] (6) A board may enroll children in school who are at least five years of age before
527
September 2 of the year in which admission is sought.
528
[(6)] (7) A board may establish and support school libraries.
529
[(7)] (8) A board may collect damages for the loss, injury, or destruction of school
530
property.
531
[(8)] (9) A board may authorize guidance and counseling services for children and their
532
parents or guardians prior to, during, or following enrollment of the children in schools.
533
[(9)] (10) (a) A board may apply for, receive, and administer funds made available
534
through programs of the federal government.
535
(b) Federal funds are not considered funds within the school district budget under Title
536
53A, Chapter 19, School District Budgets.
537
(c) Federal funds may only be expended for the purposes for which they are received
538
and are accounted for by the board.
539
[(10)] (11) (a) A board may organize school safety patrols and adopt rules under which
540
the patrols promote student safety.
541
(b) A student appointed to a safety patrol shall be at least ten years old and have written
542
parental consent for the appointment.
543
(c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
544
of a highway intended for vehicular traffic use.
545
(d) Liability may not attach to a school district, its employees, officers, or agents or to a
546
safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
547
the program by virtue of the organization, maintenance, or operation of a school safety patrol.
548
[(11)] (12) (a) A board may on its own behalf, or on behalf of an educational institution
549
for which the board is the direct governing body, accept private grants, loans, gifts,
550
endowments, devises, or bequests that are made for educational purposes.
551
(b) These contributions are not subject to appropriation by the Legislature.
552
[(12)] (13) (a) A board may appoint and fix the compensation of a compliance officer
553
to issue citations for violations of Subsection
76-10-105
(2).
554
(b) A person may not be appointed to serve as a compliance officer without the
555
person's consent.
556
(c) A teacher or student may not be appointed as a compliance officer.
557
[(13)] (14) A board shall adopt bylaws and rules for its own procedures.
558
[(14)] (15) (a) A board shall make and enforce rules necessary for the control and
559
management of the district schools.
560
(b) All board rules and policies shall be in writing, filed, and referenced for public
561
access.
562
[(15)] (16) A board may hold school on legal holidays other than Sundays.
563
[(16)] (17) (a) Each board shall establish for each school year a school traffic safety
564
committee to implement this Subsection [(16)] (17).
565
(b) The committee shall be composed of one representative of:
566
(i) the schools within the district;
567
(ii) the Parent Teachers' Association of the schools within the district;
568
(iii) the municipality or county;
569
(iv) state or local law enforcement; and
570
(v) state or local traffic safety engineering.
571
(c) The committee shall:
572
(i) receive suggestions from parents, teachers, and others and recommend school traffic
573
safety improvements, boundary changes to enhance safety, and school traffic safety program
574
measures;
575
(ii) review and submit annually to the Department of Transportation and affected
576
municipalities and counties a child access routing plan for each elementary, middle, and junior
577
high school within the district;
578
(iii) consult the Utah Safety Council and the Division of Family Health Services and
579
provide training to all school children in kindergarten through grade six, within the district, on
580
school crossing safety and use; and
581
(iv) help ensure the district's compliance with rules made by the Department of
582
Transportation under Section
41-6-20.1
.
583
(d) The committee may establish subcommittees as needed to assist in accomplishing
584
its duties under Subsection [(16)] (17)(c).
585
(e) The board shall require the school community council of each elementary, middle,
586
and junior high school within the district to develop and submit annually to the committee a
587
child access routing plan.
588
[(17)] (18) (a) Each school board shall adopt and implement a comprehensive
589
emergency response plan to prevent and combat violence in its public schools, on school
590
grounds, on its school vehicles, and in connection with school-related activities or events.
591
(b) The board shall implement its plan by July 1, 2000.
592
(c) The plan shall:
593
(i) include prevention, intervention, and response components;
594
(ii) be consistent with the student conduct and discipline polices required for school
595
districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
596
(iii) require inservice training for all district and school building staff on what their
597
roles are in the emergency response plan; and
598
(iv) provide for coordination with local law enforcement and other public safety
599
representatives in preventing, intervening, and responding to violence in the areas and activities
600
referred to in Subsection [(17)] (18)(a).
601
(d) The State Board of Education, through the state superintendent of public
602
instruction, shall develop comprehensive emergency response plan models that local school
603
boards may use, where appropriate, to comply with Subsection [(17)] (18)(a).
604
(e) Each local school board shall, by July 1 of each year, certify to the State Board of
605
Education that its plan has been practiced at the school level and presented to and reviewed by
606
its teachers, administrators, students, and their parents and local law enforcement and public
607
safety representatives.
608
[(18)] (19) (a) Each local school board may adopt an emergency response plan for the
609
treatment of sports-related injuries that occur during school sports practices and events.
610
(b) The plan may be implemented by each secondary school in the district that has a
611
sports program for students.
612
(c) The plan may:
613
(i) include emergency personnel, emergency communication, and emergency
614
equipment components;
615
(ii) require inservice training on the emergency response plan for school personnel who
616
are involved in sports programs in the district's secondary schools; and
617
(iii) provide for coordination with individuals and agency representatives who:
618
(A) are not employees of the school district; and
619
(B) would be involved in providing emergency services to students injured while
620
participating in sports events.
621
(d) The board, in collaboration with the schools referred to in Subsection [(18)]
622
(19)(b), may review the plan each year and make revisions when required to improve or
623
enhance the plan.
624
(e) The State Board of Education, through the state superintendent of public
625
instruction, shall provide local school boards with an emergency plan response model that local
626
boards may use to comply with the requirements of this Subsection [(18)] (19).
627
[(19)] (20) A board shall do all other things necessary for the maintenance, prosperity,
628
and success of the schools and the promotion of education.
629
Section 13.
Section
53A-3-403
is amended to read:
630
53A-3-403. School district fiscal year -- Statistical reports.
631
(1) A school district's fiscal year begins on July 1 and ends on June 30.
632
(2) (a) The district shall forward statistical reports for the preceding school year,
633
containing items required by law or by the State Board of Education, to the state superintendent
634
not later than November 1 of each year.
635
(b) The reports shall include information to enable the state superintendent to complete
636
the statement required under Subsection
53A-1-301
[(2)] (3)(d)(v).
637
(3) The district shall forward the opinion on the statistical report of the auditors
638
employed under Section
51-2-1
to the state superintendent not later than October 15 of each
639
year.
640
(4) The district shall include the following information in its report:
641
(a) a summary of the number of students in the district given fee waivers, the number
642
of students who worked in lieu of a waiver, and the total dollar value of student fees waived by
643
the district;
644
(b) a copy of the district's fee and fee waiver policy;
645
(c) a copy of the district's fee schedule for students; and
646
(d) notices of fee waivers provided to a parent or guardian of a student.
647
Section 14.
Section
53A-3-404
is amended to read:
648
53A-3-404. Annual financial report -- Audit report.
649
(1) The annual financial report of each school district, containing items required by law
650
or by the State Board of Education and attested to by independent auditors, shall be prepared as
651
required by Section
51-2-1
.
652
(2) The auditors employed under Section
51-2-1
shall complete their field work in
653
sufficient time to allow them to verify necessary audit adjustments included in the annual
654
financial report to the state superintendent.
655
(3) (a) (i) The district shall forward the annual financial report to the state
656
superintendent not later than October 1.
657
(ii) The report shall include information to enable the state superintendent to complete
658
the statement required under Subsection
53A-1-301
[(2)] (3)(d)(v).
659
(b) (i) The State Board of Education shall publish electronically a copy of the report on
660
the Internet not later than December 15.
661
(ii) The report may be combined with the report required to be published under
662
Subsection
53A-3-416
(3)(b).
663
(4) The completed audit report shall be delivered to the school district board of
664
education and the state superintendent of public instruction not later than November 30 of each
665
year.
666
Section 15.
Section
53A-3-411
is amended to read:
667
53A-3-411. Employment of school personnel -- Length of contract -- Termination
668
for cause -- Individual contract of employment.
669
(1) A local school board may enter into a written employment contract for a term not to
670
exceed five years.
671
(2) Nothing in the terms of the contract shall restrict the power of a local school board
672
to terminate the contract for cause at any time.
673
(3) (a) A local school board may not enter into a collective bargaining agreement that
674
prohibits or limits individual contracts of employment.
675
(b) Subsection (3)(a) does not apply to an agreement that was entered into before May
676
5, 2003.
677
Section 16.
Section
53A-6-103
is amended to read:
678
53A-6-103. Definitions.
679
As used in this chapter:
680
(1) "Accredited institution" means an institution meeting the requirements of Section
681
53A-6-107
.
682
(2) (a) "Alternative preparation program" means preparation for licensure in
683
accordance with applicable law and rule through other than an approved preparation program.
684
(b) "Alternative preparation program" includes the competency-based licensing
685
program described in Section
53A-6-104.5
.
686
(3) "Ancillary requirement" means a requirement established by law or rule in addition
687
to completion of an approved preparation program or alternative education program or
688
establishment of eligibility under the NASDTEC Interstate Contract, and may include any of
689
the following:
690
(a) minimum grade point average;
691
(b) standardized testing or assessment;
692
(c) mentoring;
693
(d) recency of professional preparation or experience;
694
(e) graduation from an accredited institution; or
695
(f) evidence relating to moral, ethical, physical, or mental fitness.
696
(4) "Approved preparation program" means a program for preparation of educational
697
personnel offered through an accredited institution in Utah or in a state which is a party to a
698
contract with Utah under the NASDTEC Interstate Contract and which, at the time the
699
program was completed by the applicant:
700
(a) was approved by the governmental agency responsible for licensure of educators in
701
the state in which the program was provided;
702
(b) satisfied requirements for licensure in the state in which the program was provided;
703
(c) required completion of a baccalaureate; and
704
(d) included a supervised field experience.
705
(5) "Board" means the Utah State Board of Education.
706
(6) "Certificate" means a license issued by a governmental jurisdiction outside the
707
state.
708
(7) "Core academic subjects" means English, reading or language arts, mathematics,
709
science, foreign languages, civics and government, economics, arts, history, and geography.
710
[(7)] (8) "Educator" means:
711
(a) a person who holds a license;
712
(b) a teacher, counselor, administrator, librarian, or other person required, under rules
713
of the board, to hold a license; or
714
(c) a person who is the subject of an allegation which has been received by the board or
715
UPPAC and was, at the time noted in the allegation, a license holder or a person employed in a
716
position requiring licensure.
717
[(8)] (9) "Endorsement" means a stipulation appended to a license setting forth the
718
areas of practice to which the license applies.
719
[(9)] (10) "License" means an authorization issued by the board which permits the
720
holder to serve in a professional capacity in the public schools. The [four] five levels of
721
licensure are:
722
(a) "letter of authorization," which is:
723
(i) a temporary license issued to a person who has not completed requirements for a
724
district-specific, charter school-specific, or level 1, 2, or 3 license, such as:
725
(A) a student teacher [or a person hired to perform professional services on an
726
emergency basis when fully qualified personnel are not available]; or
727
(B) a person participating in an alternative preparation program; or
728
(ii) a license issued, pursuant to board rules, to a person who has achieved eminence,
729
or has outstanding qualifications, in a field taught in public schools;
730
(b) (i) "district-specific license" which:
731
(A) is a license issued by a school district to a teacher based on the teacher's
732
demonstrated teaching skills and abilities; and
733
(B) allows the teacher to teach within the school district; and
734
(ii) "charter school-specific license" which:
735
(A) is a license issued by a charter school to a teacher based on the teacher's
736
demonstrated teaching skills and abilities; and
737
(B) allows the teacher to teach at the charter school;
738
[(b)] (c) "level 1 license," which is a license issued upon completion of an approved
739
preparation program or an alternative preparation program, or pursuant to an agreement under
740
the NASDTEC Interstate Contract, to candidates who have also met all ancillary requirements
741
established by law or rule;
742
[(c)] (d) "level 2 license," which is a license issued after satisfaction of all requirements
743
for a level 1 license as well as any additional requirements established by law or rule relating to
744
professional preparation or experience; and
745
[(d)] (e) "level 3 license," which is a license issued to an educator who holds a current
746
Utah level 2 license and has also received, in the educator's field of practice, National Board
747
certification or a doctorate from an accredited institution.
748
[(10)] (11) "NASDTEC" means the National Association of State Directors of Teacher
749
Education and Certification.
750
[(11)] (12) "NASDTEC Interstate Contract" means the contract implementing Title
751
53A, Chapter 6, Part 2, Compact for Interstate Qualification of Educational Personnel, which is
752
administered through NASDTEC.
753
[(12)] (13) "National Board certification" means a current certificate issued by the
754
National Board for Professional Teaching Standards.
755
[(13)] (14) "Necessarily existent small school" means a school classified as a
756
necessarily existent small school in accordance with Section
53A-17a-109
.
757
[(14)] (15) "Office" means the Utah State Office of Education.
758
[(15)] (16) "Rule" means an administrative rule adopted by the board under Title 63,
759
Chapter 46a, Utah Administrative Rulemaking Act.
760
[(16)] (17) "School" means a public or private entity which provides educational
761
services to a minor child.
762
[(17)] (18) "Small school district" means a school district with an enrollment of less
763
than 5,000 students.
764
[(18)] (19) "UPPAC" means the Utah Professional Practices Advisory Commission.
765
Section 17.
Section
53A-6-104
is amended to read:
766
53A-6-104. Board licensure.
767
(1) (a) The board may issue licenses for educators.
768
(b) [(i)] A person employed in a position that requires licensure by the board shall hold
769
the appropriate license.
770
[(ii) The board shall issue a letter of authorization permitting a person to be employed
771
as a classroom teacher if requested by a local school board which has determined that:]
772
[(A) the person has outstanding professional qualifications or extensive job experience
773
in the public or private sector in such areas as mathematics, science, business, information
774
technology, and applied technology; and]
775
[(B) employment of the person would permit the school district to better meet the
776
educational goals of students.]
777
(2) (a) The board may by rule rank, endorse, or otherwise classify licenses and
778
establish the criteria for obtaining and retaining licenses.
779
(b)(i) The board shall make rules requiring participation in professional development
780
activities in order for educators to retain their licenses.
781
(ii) An educator who is enrolling in a course of study at an institution within the state
782
system of higher education to satisfy the professional development requirements of Subsection
783
(2)(b)(i) is exempt from tuition, except for a semester registration fee established by the State
784
Board of Regents, if:
785
(A) the educator is enrolled on the basis of surplus space in the class after regularly
786
enrolled students have been assigned and admitted to the class in accordance with regular
787
procedures, normal teaching loads, and the institution's approved budget; and
788
(B) enrollments are determined by each institution under rules and guidelines
789
established by the State Board of Regents in accordance with findings of fact that space is
790
available for the educator's enrollment.
791
(3) Unless suspended or revoked by the board, or surrendered by the educator:
792
(a) a letter of authorization is valid for one year, or a shorter period as specified by the
793
board, subject to renewal by the board in accordance with board rules [for a total of not more
794
than four years of full-time equivalent employment];
795
(b) a level 1 license is valid for three years, subject to renewal by the board in
796
accordance with board rules;
797
(c) a level 2 license is valid for five years, subject to renewal by the board in
798
accordance with board rules; and
799
(d) a level 3 license is valid for seven years, subject to renewal by the board in
800
accordance with board rules.
801
Section 18.
Section
53A-6-104.5
is enacted to read:
802
53A-6-104.5. Licensing by competency.
803
(1) A license to teach may be issued based on the demonstrated competence of a
804
teacher as provided in this section.
805
(2) A school district or charter school may employ a candidate for a competency-based
806
license if the candidate meets the following qualifications:
807
(a) as a prerequisite for employment, a license candidate who teaches one or more core
808
academic subjects in an elementary school shall:
809
(i) hold at least a bachelor's degree; and
810
(ii) have demonstrated, by passing a rigorous state test, subject knowledge and teaching
811
skills in reading, writing, mathematics, and other areas of the basic elementary school
812
curriculum;
813
(b) as a prerequisite for employment, a license candidate who teaches one or more core
814
academic subjects in a middle or secondary school shall:
815
(i) hold at least a bachelor's degree; and
816
(ii) have demonstrated a high level of competency in each of the academic subjects in
817
which the teacher teaches by:
818
(A) passing a rigorous state academic subject test in each of the academic subjects in
819
which the teacher teaches; or
820
(B) successful completion, in each of the academic subjects in which the teacher
821
teaches, of an academic major, a graduate degree, course work equivalent to an undergraduate
822
academic major, or advanced certification or credentialing; or
823
(c) as a prerequisite for employment, a license candidate who teaches subjects other
824
than a core academic subject in an elementary, middle, or high school shall:
825
(i) hold a bachelor's degree, associate's degree, or skill certification; and
826
(ii) have skills, talents, or abilities, as evaluated by the employing entity, that make the
827
person suited for the teaching position.
828
(3) At the request of a school district or charter school, the board shall issue a letter of
829
authorization permitting a person meeting the qualifications specified in Subsection (2) to be
830
employed by the school district or charter school.
831
(4) A school district or charter school:
832
(a) shall monitor and assess the performance of each candidate for a competency-based
833
license; and
834
(b) may award a candidate a district-specific or charter school-specific license if the
835
candidate:
836
(i) completes a minimum of one year full-time employment experience; and
837
(ii) demonstrates competence in the skills relevant to the teaching position held by the
838
candidate.
839
(5) In lieu of, or in addition to, awarding a license candidate a district-specific or
840
charter-school specific license, a school district or charter school may recommend that the
841
license candidate's training and assessment be reviewed by the Utah State Office of Education
842
for a level 1 license.
843
Section 19.
Section
53A-6-110
is enacted to read:
844
53A-6-110. Administrative/supervisory letters of authorization.
845
(1) A local school board may request, and the State Board of Education shall grant, a
846
letter of authorization permitting a person with outstanding professional qualifications to serve
847
in any position that requires a person to hold an administrative/supervisory license or
848
certificate, including principal, assistant principal, associate principal, vice principal, assistant
849
superintendent, administrative assistant, director, specialist, or other district position.
850
(2) The State Board of Education may grant a letter of authorization permitting a
851
person with outstanding professional qualifications to serve in any position at the State Office
852
of Education that requires a person to hold an administrative/supervisory license or certificate.
853
Section 20.
Section
53A-6-502
is amended to read:
854
53A-6-502. Mandatory reporting of physical or sexual abuse of students.
855
(1) For purposes of this section, "educator" means, in addition to a person included
856
under [Subsection] Section
53A-6-103
[(7)], a person, including a volunteer or temporary
857
employee, who at the time of an alleged offense was performing a function in a private school
858
for which a license would be required in a public school.
859
(2) In addition to any duty to report suspected cases of child abuse or neglect under
860
Section
62A-4a-403
, an educator who has reasonable cause to believe that a student may have
861
been physically or sexually abused by a school employee shall immediately report the belief
862
and all other relevant information to the school principal, superintendent, or to the office.
863
(3) A school administrator who has received a report under Subsection (2) or who
864
otherwise has reasonable cause to believe that a student may have been physically or sexually
865
abused by an educator shall immediately report that information to the office.
866
(4) Failure to comply with Subsection (2) or (3) shall be considered unprofessional
867
conduct.
868
(5) A person who makes a report under this section in good faith shall be immune from
869
civil or criminal liability that might otherwise arise by reason of that report.
870
Section 21.
Section
53A-8-106
is amended to read:
871
53A-8-106. Career employee status for provisional employees.
872
(1) A provisional employee must work for a school district on at least a half-time basis
873
for three consecutive years to obtain career employee status.
874
(2) Policies of an employing school district shall determine the status of a career
875
employee in the event of the following:
876
(a) the employee accepts a position which is substantially different from the position in
877
which career status was achieved; or
878
(b) the employee accepts employment in another school district.
879
(3) If an employee who is under an order of probation or remediation in one
880
assignment in a school district is transferred or given a new assignment in the district, the order
881
shall stand until its provisions are satisfied.
882
(4) An employee who is given extra duty assignments in addition to a primary
883
assignment, such as a teacher who also serves as a coach or activity advisor, is a temporary
884
employee in those extra duty assignments and may not acquire career status beyond the primary
885
assignment.
886
(5) A teacher is not eligible for career employee status if the teacher:
887
(a) holds a letter of authorization and is a candidate for a competency-based license
888
pursuant to Section
53A-6-104.5
; or
889
(b) holds a district-specific license issued under Section
53A-6-104.5
and does not
890
hold a level 1, 2, or 3 license as defined in Section
53A-6-103
.
891
Section 22.
Section
53A-13-108
is enacted to read:
892
53A-13-108. Curriculum and graduation requirements.
893
(1) The State Board of Education shall establish curriculum and graduation
894
requirements under Section
53A-1-402
for grades 9 through 12 that, beginning with the
895
graduating class of 2008, require at least:
896
(a) 4.0 units of credit in language arts;
897
(b) 3.0 units of credit in mathematics; and
898
(c) 3.0 units of credit in science.
899
(2) School districts may allow students to earn credit by any of the following methods:
900
(a) successful completion of secondary school courses;
901
(b) successful completion of concurrent enrollment classes consistent with Section
902
53A-17a-120
;
903
(c) demonstrated competence;
904
(d) assessment;
905
(e) review of student work or projects; or
906
(f) following successful completion of correspondence or electronic coursework
907
offered by an accredited education institution.
908
Section 23.
Section
53A-17a-149
is enacted to read:
909
53A-17a-149. Competency-based Education Block Grant Program -- State
910
contributions.
911
(1) There is appropriated to the State Board of Education for the fiscal year beginning
912
July 1, 2003, $30,000,000 for the Competency-based Education Block Grant Program.
913
(2) The State Board of Education shall use $5,000,000 of the appropriation under
914
Subsection (1) to:
915
(a) create specifications for developing and implementing:
916
(i) a value-added metrics system; and
917
(ii) a teacher development program focused on achieving progress in core academics;
918
(b) create a definition of how competency-based educational processes will be
919
employed in the public education system;
920
(c) complete an initial pilot program in competency-based educational processes; and
921
(d) develop a joint program between public education and higher education to foster
922
superior teaching as defined by value-added progress in core academics.
923
(3) The State Board of Education shall distribute $25,000,000 of the appropriation
924
under Subsection (1) to school districts and charter schools according to a formula adopted by
925
the board, after consultation with school districts and charter schools, that allocates the funding
926
in a fair and equitable manner.
927
(4) Schools districts and charter schools shall use their Competency-based Education
928
Block Grant monies to implement:
929
(a) the specifications developed under Subsection (2)(a) for:
930
(i) a value-added metrics system; and
931
(ii) a teacher development program focused on achieving progress in core academics;
932
and
933
(b) programs in competency-based educational processes.
934
(5) Each local school board shall, in an open public meeting, approve a plan to spend
935
Competency-based Education Block Grant monies in accordance with this section.
936
Section 24. Legislative finding -- State Board of Education study and
937
recommendations -- Reports.
938
(1) The Legislature finds that a free public education should:
939
(a) prepare each student for the student's choice of higher education or gainful
940
employment, focusing on the core academic skills of reading, writing, science, and
941
mathematics, balanced with exposure to the arts which will enable students, through teamwork
942
and cooperation, to:
943
(i) communicate effectively, both verbally and through written communication;
944
(ii) apply mathematics; and
945
(iii) access, analyze, and apply information; and
946
(b) train students in the key attributes required for successful living including those
947
described in "What Work Requires of Schools: A SCANS Report for America 2000" from the
948
Secretary's Commission on Achieving Necessary Skills of the U.S. Department of Labor.
949
(2) In accordance with the findings described under Subsection (1), the State Board of
950
Education shall study and make recommendations for:
951
(a) aligning responsibility, authority, accountability, and funding for the State Board of
952
Education, state superintendent, and local school districts;
953
(b) an improved environment of academic achievement;
954
(c) implementing competency-based progress and measurement systems that allow
955
each student to continually progress within and between course levels at an individual optimal
956
rate;
957
(d) assuring that each high school senior is progressing in challenging courses;
958
(e) developing, with employers, trades, and professions, competency standards for
959
progress or graduation;
960
(f) improving methods of motivating school districts to increase academic discipline,
961
including reduced cutting of classes by students and utilizing means such as closed campuses;
962
(g) implementing a value-added metrics system that continually tracks individual
963
student progress each year in each of the core academic areas by:
964
(i) tracking student progress from year to year on a longitudinal basis, rather than
965
aggregate levels of performance;
966
(ii) utilizing benchmarks to national standards, so that the progress of Utah students
967
can be compared to the progress of students in other states and the nation;
968
(iii) providing progress assessment data that follow each student wherever that student
969
attends schools in the state; and
970
(iv) making the assessment data available to parents to permit them to make fully
971
informed decisions regarding the districts, schools, and teachers they wish to involve in the
972
educational process for their children;
973
(h) developing methods to increase school choice among public schools, including
974
intradistrict and interdistrict transfers, and expansion of alternative schools such as charter
975
schools and New Century schools;
976
(i) aligning the current funding mechanisms with the priorities of the strategy focusing
977
on core academics, to include financial incentives and consequences;
978
(j) developing a new incremental state funding mechanism for public education that:
979
(i) motivates school districts to focus on achieving value-added progress in core
980
academics;
981
(ii) is tied to the metrics system described under Subsection (2)(g);
982
(iii) provides funding details, including adjustments for mobility; and
983
(iv) provides school districts, parents, students, and educators an economic incentive
984
for developing economic efficiencies in the delivery of instruction;
985
(k) remediating schools and districts that do not meet appropriate standards based on
986
the value-added metrics described above, including possible transfer of control to the State
987
Board of Education;
988
(l) developing ways to meet a variety of learning styles;
989
(m) developing savings through building utilization, including double sessions and
990
year-round schedules; and
991
(n) implementing other best demonstrated practices of other states and their school
992
districts that are achieving significant improvement in core academic progress.
993
(3) (a) The State Board of Education shall make at least two reports on the issues
994
described under Subsection (2) to the Education Interim Committee.
995
(b) A final report, including any proposed legislation, shall be presented to the
996
Education Interim Committee prior to November 30, 2003.
997
Section 25. Education Interim Committee -- Request for proposals --
998
Appropriation.
999
(1) The Education Interim Committee shall issue a three-stage request for proposals
1000
responding to Utah's need to stretch educational dollars and improve student performance,
1001
including:
1002
(a) the core definition and mission of public education in the state;
1003
(b) how the following features could be used to accelerate student progress and
1004
achievement:
1005
(i) daily and weekly competency-based progress;
1006
(ii) self-paced progress;
1007
(iii) new curriculum structures;
1008
(iv) new information technology;
1009
(v) new classroom operation processes;
1010
(vi) new student and teacher support mechanisms; and
1011
(vii) use of the Internet; and
1012
(c) how the components described under Subsection (1)(b) can be aligned and
1013
harmonized to reduce delivery costs and overhead, including administration and clerical work.
1014
(2) The issuance of the request for proposals under Subsection (1) shall proceed as
1015
follows:
1016
(a) a general and widely advertised invitation for preliminary proposals;
1017
(b) a selection of up to three promising proposals for the development of a complete
1018
proposal, but promising consideration of all complete proposals developed with private funds;
1019
and
1020
(c) a selection of one or more of the final proposals for recommendation to the
1021
Legislature and the educational community for developmental funding and implementation.
1022
(3) There is appropriated from the General Fund for fiscal year 2002-03 only, $150,000
1023
to the Office of Legislative Research and General Counsel for the Education Interim
1024
Committee to issue the request for proposals described in this section.
1025
Section 26. Public Education Appropriations Subcommittee -- Study -- Report.
1026
(1) The Public Education Appropriations Subcommittee shall study and make
1027
recommendations for:
1028
(a) the Competency-based Education Block Grant Program under Section
53A-17a-149
1029
and other programs beyond fiscal year 2003-04, including the amount and allocation of public
1030
education monies, based upon both new public education monies and the reallocation of
1031
monies required to implement:
1032
(i) a value-added metrics system;
1033
(ii) a distribution of public education monies based on numbers of grade level achieved
1034
as measured by the value-added metrics system;
1035
(iii) a plan to assist students, teachers, schools, and districts that need remediation
1036
based upon Subsections (1)(b)(i) and (ii); and
1037
(iv) the reallocation of teachers from non-core electives into grades 1-3, 7-12 math, and
1038
7-12 English; and
1039
(v) a teacher development program focused on achieving progress in core academics;
1040
(b) the role of the Competency-based Education Council created in Section
53A-1-902
1041
in the allocation of monies; and
1042
(c) other issues that may be recommended by the Public Education Appropriations
1043
Subcommittee.
1044
(2) A final report shall be presented before November 30, 2003, to the Executive
1045
Appropriations Committee.
1046
Section 27. Additional meetings authorized -- Appropriations.
1047
(1) The Education Interim Committee and the Public Education Appropriations
1048
Subcommittee are each authorized to hold two additional meetings during the 2003 interim.
1049
(2) There is appropriated from the General Fund for fiscal year 2003-04 only, the
1050
following amounts for the additional meetings under Subsection (1):
1051
(a) $4,500 to the Senate to pay for the compensation and expenses of senators on the
1052
committees;
1053
(b) $10,000 to the House of Representatives to pay for the compensation and expenses
1054
of representatives on the committees;
1055
(c) $5,000 to the Office of Legislative Research and General Counsel to pay for
1056
staffing expenses; and
1057
(d) $5,000 to the Office of the Legislative Fiscal Analyst to pay for staffing expenses.
Legislative Review Note
as of 2-4-03 2:46 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.