Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                             H.B. 400
Approved for Filing: R. Bailey 6
          6 01-25-24 4:13 PM 6
                            STUDENT TESTING AMENDMENTS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                                Chief Sponsor: Joel K. Briscoe
                                 Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill requires certain approved entities who participate in state funded scholarship
 programs to administer certain student assessments adopted by the State Board of
 Education.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < requires certain approved entities who participate in state funded scholarship
 programs to administer certain student assessments adopted by the State Board of
 Education;
        < provides certain exceptions; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides a special effective date.
 Utah Code Sections Affected:
 AMENDS:
                                                                                                       H.B. 400
        53E-4-202, as last amended by Laws of Utah 2023, Chapter 435
        53E-4-301, as last amended by Laws of Utah 2019, Chapter 186
     *HB0400*
       H.B. 400                                                                  01-25-24 4:13 PM
        53E-4-301.5, as last amended by Laws of Utah 2019, Chapter 186
        53E-4-302, as last amended by Laws of Utah 2020, Chapter 408
        53E-4-303, as last amended by Laws of Utah 2021, Chapter 129
        53E-4-304, as last amended by Laws of Utah 2019, Chapters 186, 202
        53E-4-305, as last amended by Laws of Utah 2019, Chapters 186, 202
        53E-4-307, as last amended by Laws of Utah 2023, Chapter 20
        53E-4-307.5, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 14
        53E-7-403, as enacted by Laws of Utah 2020, Fourth Special Session, Chapter 3
        53E-7-408, as last amended by Laws of Utah 2023, Chapter 353
        53F-4-303, as last amended by Laws of Utah 2023, Chapter 353
        53F-6-406, as enacted by Laws of Utah 2023, Chapter 1
        53F-6-408, as enacted by Laws of Utah 2023, Chapter 1
        53F-6-409, as enacted by Laws of Utah 2023, Chapter 1
        53F-6-410, as enacted by Laws of Utah 2023, Chapter 1
        63I-1-253 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 30,
 52, 133, 161, 367, and 494
        63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25), as last amended by Laws of Utah 2023,
 Chapters 30, 52, 133, 161, 310, 367, and 494
        63I-1-253 (Contingently Effective 01/01/25), as last amended by Laws of Utah 2023,
 Chapters 30, 52, 133, 161, 187, 310, 367, and 494
48
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53E-4-202 is amended to read:
        53E-4-202. Core standards for Utah public schools -- Notice and hearing
 requirements.
        (1) (a) In establishing minimum standards related to curriculum and instruction
 requirements under Section 53E-3-501, the state board shall, in consultation with local school
 boards, school superintendents, teachers, employers, and parents implement core standards for
 Utah public schools that will enable students to, among other objectives:
        (i) communicate effectively, both verbally and through written communication;
        (ii) apply mathematics; and
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      01-25-24 4:13 PM                                                                        H.B. 400
        (iii) access, analyze, and apply information.
        (b) Except as provided in this public education code, the state board may recommend
 but may not require a local school board or charter school governing board to use:
        (i) a particular curriculum or instructional material; or
        (ii) a model curriculum or instructional material.
        (2) The state board shall, in establishing the core standards for Utah public schools:
        (a) identify the basic knowledge, skills, and competencies each student is expected to
 acquire or master as the student advances through the public education system; and
        (b) align with each other the core standards for Utah public schools and the
 assessments described in Section 53E-4-303.
        (3) The basic knowledge, skills, and competencies identified pursuant to Subsection
 (2)(a) shall increase in depth and complexity from year to year and focus on consistent and
 continual progress within and between grade levels and courses in the basic academic areas of:
        (a) English, including explicit phonics, spelling, grammar, reading, writing,
 vocabulary, speech, and listening; and
        (b) mathematics, including basic computational skills.
        (4) Before adopting core standards for Utah public schools, the state board shall:
        (a) publicize draft core standards for Utah public schools for the state, as a class A
 notice under Section 63G-30-102, for at least 90 days;
        (b) invite public comment on the draft core standards for Utah public schools for a
 period of not less than 90 days; and
        (c) conduct three public hearings that are held in different regions of the state on the
 draft core standards for Utah public schools.
        (5) LEA governing boards shall design [their school] programs[,] that are supported by
 generally accepted scientific standards of evidence, to focus on the core standards for Utah
 public schools with the expectation that each program will enhance or help achieve mastery of
 the core standards for Utah public schools.
        (6) Except as provided in Sections 53G-10-103 and 53G-10-402, each school may
 select instructional materials and methods of teaching, that are supported by generally accepted
 scientific standards of evidence, that the school considers most appropriate to meet the core
 standards for Utah public schools.
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       H.B. 400                                                                    01-25-24 4:13 PM
        (7) The state may exit any agreement, contract, memorandum of understanding, or
 consortium that cedes control of the core standards for Utah public schools to any other entity,
 including a federal agency or consortium, for any reason, including:
        (a) the cost of developing or implementing the core standards for Utah public schools;
        (b) the proposed core standards for Utah public schools are inconsistent with
 community values; or
        (c) the agreement, contract, memorandum of understanding, or consortium:
        (i) was entered into in violation of Chapter 3, Part 8, Implementing Federal or National
 Education Programs, or Title 63J, Chapter 5, Federal Funds Procedures Act;
        (ii) conflicts with Utah law;
        (iii) requires Utah student data to be included in a national or multi-state database;
        (iv) requires records of teacher performance to be included in a national or multi-state
 database; or
        (v) imposes curriculum, assessment, or data tracking requirements on home school or
 private school students.
        (8) The state board shall submit a report in accordance with Section 53E-1-203 on the
 development and implementation of the core standards for Utah public schools, including the
 time line established for the review of the core standards for Utah public schools by a standards
 review committee and the recommendations of a standards review committee established under
 Section 53E-4-203.
        Section 2. Section 53E-4-301 is amended to read:
        53E-4-301. Definitions.
        As used in this part:
        (1) "Core standards for Utah public schools" means the standards established by the
 state board as described in Section 53E-4-202.
        (2) "Eligible private school" means the same as that term is defined in Section
 53F-4-301.
        (3) "Qualifying provider" means the same as that term is defined in Section 53F-6-401.
        (4) "Qualifying school" means the same as that term is defined in Section 53E-7-401.
        [(2)] (5) "Statewide assessment" means one or more of the following, as applicable:
        (a) a standards assessment described in Section 53E-4-303;
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        01-25-24 4:13 PM                                                                          H.B. 400
        (b) a high school assessment described in Section 53E-4-304;
        (c) a college readiness assessment described in Section 53E-4-305; or
        (d) an assessment of students in grade 3 to measure reading grade level described in
 Section 53E-4-307.
        Section 3. Section 53E-4-301.5 is amended to read:
        53E-4-301.5. Legislative intent.
        (1) In enacting this part, the Legislature intends to determine the effectiveness of
 school districts and schools in assisting students to master the fundamental educational skills
 toward which instruction is directed.
        (2) The state board shall ensure that a statewide assessment provides the public, the
 Legislature, the state board, school districts, public schools, schools, and school teachers with:
        (a) evaluative information regarding the various levels of proficiency achieved by
 students[, so that they may have an additional tool] to plan, measure, and evaluate the
 effectiveness of programs in [the public] schools receiving public funds; and
        (b) information to recognize excellence and to identify the need for additional
 resources or to reallocate educational resources in a manner to ensure educational opportunities
 for all students and to improve existing programs.
        Section 4. Section 53E-4-302 is amended to read:
        53E-4-302. Statewide assessments -- Duties of the state board.
        (1) The state board shall:
        (a) require the state superintendent to:
        (i) submit and recommend statewide assessments to the state board for adoption by the
 state board; and
        (ii) distribute the statewide assessments adopted by the state board to a school district
 [or], charter school, eligible private school, qualifying provider, or qualifying school;
        (b) provide for the state to participate in the National Assessment of Educational
 Progress state-by-state comparison testing program; and
        (c) require a school district [or], charter school, eligible private school, qualifying
 provider, or qualifying school to administer statewide assessments.
        (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
 state board shall make rules for the administration of statewide assessments.
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        H.B. 400                                                                    01-25-24 4:13 PM
        (3) The state board shall ensure that statewide assessments are administered in
 compliance with the requirements of Chapter 9, Student Privacy and Data Protection.
        Section 5. Section 53E-4-303 is amended to read:
        53E-4-303. Utah standards assessments -- Administration -- Review committee.
        (1) As used in this section, "computer adaptive assessment" means an assessment that
 measures the range of a student's ability by adapting to the student's responses, selecting more
 difficult or less difficult questions based on the student's responses.
        (2) The state board shall:
        (a) adopt a standards assessment that:
        (i) measures a student's proficiency in:
        (A) mathematics for students in each of grades 3 through 8;
        (B) English language arts for students in each of grades 3 through 8;
        (C) science for students in each of grades 4 through 8; and
        (D) writing for students in at least grades 5 and 8; and
        (ii) except for the writing measurement described in Subsection (2)(a)(i)(D), is a
 computer adaptive assessment; and
        (b) ensure that an assessment described in Subsection (2)(a) is:
        (i) a criterion referenced assessment;
        (ii) administered online;
        (iii) aligned with the core standards for Utah public schools; and
        (iv) adaptable to personalized, competency-based learning, as that term is defined in
 Section 53F-5-501.
        (3) A school district [or], charter school, eligible private school, qualifying provider, or
 qualifying school shall annually administer the standards assessment adopted by the state board
 under Subsection (2) to all students in the subjects and grade levels described in Subsection (2).
        (4) (a) Except as provided in Subsection (4)(b), a student's score on the standards
 assessment adopted under Subsection (2) may not be considered in determining:
        (i) the student's academic grade for a course; or
        (ii) whether the student may advance to the next grade level.
        (b) A teacher may use a student's score on the standards assessment adopted under
 Subsection (2) to improve the student's academic grade for or demonstrate the student's
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       01-25-24 4:13 PM                                                                         H.B. 400
 competency within a relevant course.
        (5) (a) The state board shall establish a committee consisting of 15 parents of Utah
 public education students to review all standards assessment questions.
        (b) The committee established in Subsection (5)(a) shall include the following parent
 members:
        (i) five members appointed by the chair of the state board;
        (ii) five members appointed by the speaker of the House of Representatives or the
 speaker's designee; and
        (iii) five members appointed by the president of the Senate or the president's designee.
        (c) The state board shall provide staff support to the parent committee.
        (d) The term of office of each member appointed in Subsection (5)(b) is four years.
        (e) The chair of the state board, the speaker of the House of Representatives, and the
 president of the Senate shall adjust the length of terms to stagger the terms of committee
 members so that approximately half of the committee members are appointed every two years.
        (f) No member may receive compensation or benefits for the member's service on the
 committee.
        Section 6. Section 53E-4-304 is amended to read:
        53E-4-304. High school assessments.
        (1) The state board shall adopt a high school assessment that:
        (a) is predictive of a student's college readiness as measured by the college readiness
 assessment described in Section 53E-4-305; and
        (b) provides a growth score for a student from grade 9 to 10.
        (2) A school district [or], charter school, eligible private school, qualifying provider, or
 qualifying school shall annually administer the high school assessment adopted by the state
 board under Subsection (1) to all students in grades 9 and 10.
        (3) A teacher may use a student's score on the high school assessment adopted under
 Subsection (1) to improve the student's academic grade for or demonstrate the student's
 competency within a relevant course.
        Section 7. Section 53E-4-305 is amended to read:
        53E-4-305. College readiness assessments.
        (1) The Legislature recognizes the need for the state board to develop and implement
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        H.B. 400                                                                    01-25-24 4:13 PM
 standards and assessment processes to ensure that student progress is measured and that LEA
 governing boards [and], private or home schools that receive state funding, and school
 personnel are accountable.
         (2) The state board shall adopt a college readiness assessment for secondary students
 that:
         (a) is the college readiness assessment most commonly submitted to local universities;
 and
         (b) may include:
         (i) the Armed Services Vocational Aptitude Battery; or
         (ii) a battery of assessments that are predictive of success in higher education.
         (3) (a) Except as provided in Subsection (3)(b), a school district [or], charter school,
 eligible private school, qualifying provider, or qualifying school shall annually administer the
 college readiness assessment adopted under Subsection (2) to all students in grade 11.
         (b) A student with an IEP may take an appropriate college readiness assessment other
 than the assessment adopted by the state board under Subsection (2), as determined by the
 student's IEP.
         (4) A teacher may use a student's score on the college readiness assessment adopted
 under Subsection (2) to improve the student's academic grade for or demonstrate the student's
 competency within a relevant course.
         (5) In accordance with Section 53F-4-202, the state board shall contract with a provider
 to provide an online college readiness diagnostic tool.
         Section 8. Section 53E-4-307 is amended to read: