3-53E-5 Part 3.pdf

Utah Code

Effective 5/4/2022 Part 3

School Improvement and Leadership Development

53E-5-301 Definitions.

As used in this part:

(1) "Charter school authorizer" means the same as that term is defined in Section 53G-5-102.

(2) "Cohort" means all district schools and charter schools identified as:

(a) springboard schools based on school accountability results from the same school year; or

(b) elevate schools based on school accountability results from the same school year.

(3) "Continuous improvement expert" means a person identified by the state board under Section 53E-5-305.

(4) "Educator" means the same as that term is defined in Section 53E-6-102.

(5) "Elevate school" means a district school or charter school that:

(a) is not a Title I school;

(b) is implementing targeted support and improvement activities under 20 U.S.C. Sec. 6311; and

(c) has applied and been designated by the state board as an elevate school as described in

Section 53E-5-302.1.

(6) "Final remedial year" means the second or third school year following the initial remedial year, as determined by the state board.

(7) "Initial remedial year" means the school year a district school or charter school is designated as a springboard school under Section 53E-5-302 or elevate school under Section 53E-5-302.1.

(8) "LEA governing board" means a local school board or charter school governing board.

(9) "School accountability system" means the school accountability system established in Part 2, School Accountability System.

(10) "School improvement committee" means a committee established under:

(a) for a district school, Section 53E-5-303; or

(b) for a charter school, Section 53E-5-304.

(11) "School improvement plan" means a plan described in:

(a) for a district school, Section 53E-5-303; or

(b) for a charter school, Section 53E-5-304.

(12) "Springboard school" means a district school or charter school that has been designated a springboard school by the state board because the school:

(a) is not a Title I school; and

(b) when ranked according to the percentage of possible points the state board awards under

Title 53E, Chapter 5, Part 2, School Accountability System, averaged over three school years is:

(i) one of the five lowest performing elementary, middle, or junior high schools statewide; or

(ii) one of the two lowest performing high schools statewide.

Amended by Chapter 164, 2023 General Session

53E-5-302 State board to designate springboard schools -- Needs assessment.

(1) The state board shall:

(a) beginning in the 2025-2026 school year, and every four years thereafter, designate a school as a springboard school; and

(b) conduct a needs assessment for a springboard school by thoroughly analyzing the root causes of the springboard school's performance qualifying the school for designation as a springboard school.

(2) The state board may use up to 5% of the appropriation provided under this part to hire or contract with one or more individuals to conduct a needs assessment described in Subsection (1)(b).

Amended by Chapter 473, 2022 General Session

53E-5-302.1 State board to designate elevate schools -- Needs assessment.

(1) Beginning in the 2022-2023 school year, in every year that the state board does not designate a springboard school, the state board shall:

(a) accept applications to be designated an elevate school from schools that:

(i) are not Title I schools; and

(ii) are implementing targeted support and improvement activities under 20 U.S.C. Sec. 6311;

(b) identify at least six schools as elevate schools; and

(c) conduct a needs assessment for an elevate school by thoroughly analyzing the root causes of the school's previous performance of targeted support and improvement student groups.

(2) The state board may use up to 5% of the appropriation provided under this part to hire or contract with one or more individuals to conduct a needs assessment described in Subsection (1)(c).

Enacted by Chapter 473, 2022 General Session

53E-5-303 Required action for district springboard schools and district elevate schools -- Notification to parents and municipality for springboard schools.

(1) In accordance with deadlines established by the state board, a local school board of a springboard school or elevate school shall:

(a) establish a school improvement committee composed of the following members:

(i) the local school board member who represents the voting district where the springboard school or elevate school is located;

(ii) the school principal;

(iii) three parents of students enrolled in the springboard school or elevate school appointed by the chair of the school community council;

(iv) one teacher at the springboard school or elevate school appointed by the principal;

(v) one teacher at the springboard school or elevate school appointed by the school district superintendent; and

(vi) one school district administrator;

(b) solicit proposals from a continuous improvement expert identified by the state board under Section 53E-5-305;

(c) partner with the school improvement committee to select a proposal;

(d) submit the proposal described in Subsection (1)(b) to the state board for review and approval;

and

(e) subject to Subsections (3) and (4), contract with a continuous improvement expert.

(2) A proposal described in Subsection (1)(b) shall include a:

(a) strategy to address the root causes of the springboard school's or elevate school's low performance identified through the needs assessment described in Section 53E-5-302; and

(b) scope of work to facilitate implementation of the strategy that includes at least the activities described in Subsection (4)(b).

(3) A local school board may not select a continuous improvement expert that is:

(a) the school district; or

(b) an employee of the school district.

(4) A contract between a local school board and a continuous improvement expert:

(a) shall be based on an explicit stipulation of desired outcomes and consequences for not meeting goals, including cancellation of the contract;

(b) shall include a scope of work that requires the continuous improvement expert to at a minimum:

(i) develop and implement, in partnership with the school improvement committee, a school improvement plan that meets the criteria described in Subsection (5);

(ii) monitor the effectiveness of a school improvement plan through reliable means of evaluation, including on-site visits, observations, surveys, analysis of student achievement data, and interviews;

(iii) provide ongoing implementation support and project management for a school improvement plan;

(iv) provide high-quality professional learning personalized for school staff that is designed to build:

(A) the leadership capacity of the school principal;

(B) the instructional capacity of school staff;

(C) educators' capacity with data-driven strategies by providing actionable, embedded data practices; and

(v) leverage support from community partners to coordinate an efficient delivery of supports to students inside and outside the classroom;

(c) may include a scope of work that requires the continuous improvement expert to:

(i) develop sustainable school district and school capacities to effectively respond to the academic and behavioral needs of students in high poverty communities; or

(ii) other services that respond to the needs assessment conducted under Section 53E-5-302;

(d) shall include travel costs and payment milestones; and

(e) may include pay for performance provisions.

(5) A school improvement committee shall partner with the continuous improvement expert selected under Subsection (1) to develop and implement a school improvement plan that:

(a) addresses the root causes of the springboard school's or elevate school's low performance identified through the needs assessment described in Section 53E-5-302;

(b) includes recommendations regarding changes to the springboard school's or elevate school's personnel, culture, curriculum, assessments, instructional practices, governance, leadership, finances, policies, or other areas that may be necessary to implement the school improvement plan;

(c) includes measurable student achievement goals and objectives and benchmarks by which to measure progress;

(d) includes a professional development plan that identifies a strategy to address problems of instructional practice;

(e) includes a detailed budget specifying how the school improvement plan will be funded;

(f) includes a plan to assess and monitor progress;

(g) includes a plan to communicate and report data on progress to stakeholders; and

(h) includes a timeline for implementation.

(6) A local school board of a springboard school or elevate school shall:

(a) prioritize school district funding and resources to the springboard school or elevate school;

(b) grant the springboard school or elevate school streamlined authority over staff, schedule, policies, budget, and academic programs to implement the school improvement plan;

(c) assist the continuous improvement expert and the springboard school or elevate school with:

(i) addressing the root cause of the springboard school's or elevate school's low performance;

and

(ii) the development or implementation of a school improvement plan; and

(d) for a springboard school, provide initial and annual notice:

(i) that includes the following information regarding the springboard school:

(A) the school's improvement status;

(B) the goals, benchmarks, and timetable in the school's improvement plan and any progress toward the goals, benchmarks, and timetable; and

(C) how the community may provide support to the school and students of the school inside and outside the classroom; and

(ii) to:

(A) parents of students enrolled in the school, using the same form of communication the local school board regularly uses to communicate with parents; and

(B) the governing council and the mayor of the municipality in which the school is located.

(7)

(a) On or before June 1 of an initial remedial year, a school improvement committee shall submit the school improvement plan to the local school board for approval.

(b) Except as provided in Subsection (7)(c), on or before July 1 of an initial remedial year, a local school board of a springboard school or elevate school shall submit the school improvement plan to the state board for approval.

(c) If the local school board does not approve the school improvement plan submitted under Subsection (7)(a), the school improvement committee may appeal the disapproval in accordance with rules made by the state board as described in Subsection 53E-5-305(6).

(8) A local school board, or a local school board's designee, shall annually report to the state board progress toward the goals, benchmarks, and timetable in a springboard school's or elevate school's improvement plan.

Amended by Chapter 473, 2022 General Session

53E-5-304 Required action for a springboard charter school or elevate charter school -- Notification to parents and municipality for a springboard charter school.

(1) In accordance with deadlines established by the state board, a charter school authorizer of a springboard school shall initiate a review to determine whether the charter school is in compliance with the school's charter agreement described in Section 53G-5-303, including the school's established minimum standards for student achievement.

(2) If a springboard school is found to be out of compliance with the school's charter agreement, the charter school authorizer may terminate the school's charter agreement in accordance with Section 53G-5-503.

(3) A charter school authorizer shall make a determination on the status of a springboard school's charter agreement under Subsection (2) on or before a date specified by the state board in an initial remedial year.

(4) In accordance with deadlines established by the state board, if a charter school authorizer does not terminate a springboard school's charter agreement under Subsection (2), a charter school governing board of a springboard school or elevate school shall:

(a) establish a school improvement committee composed of the following members:

(i) a member of the charter school governing board, appointed by the chair of the charter school governing board;

(ii) the school principal;

(iii) three parents of students enrolled in the springboard school or elevate school, appointed by the chair of the charter school governing board; and

(iv) two teachers at the springboard school or elevate school, appointed by the school principal;

(b) solicit proposals from a continuous improvement expert identified by the state board under Section 53E-5-305;

(c) partner with the school improvement committee to select a proposal;

(d) submit the proposal described in Subsection (4)(b) to the state board for review and approval;

and

(e) subject to Subsections (6) and (7), contract with a continuous improvement expert.

(5) A proposal described in Subsection (4)(b) shall include a:

(a) strategy to address the root causes of the springboard school's or elevate school's low performance identified through the needs assessment described in Section 53E-5-302; and

(b) scope of work to facilitate implementation of the strategy that includes at least the activities described in Subsection 53E-5-303(4)(b).

(6) A charter school governing board may not select a continuous improvement expert that:

(a) is a member of the charter school governing board;

(b) is an employee of the charter school; or

(c) has a contract to operate the charter school.

(7) A contract entered into between a charter school governing board and a continuous improvement expert shall include and reflect the requirements described in Subsection 53E-5-303(4).

(8)

(a) A school improvement committee shall partner with the continuous improvement expert selected under Subsection (4) to develop and implement a school improvement plan that includes the elements described in Subsection 53E-5-303(5).

(b) A charter school governing board shall assist a continuous improvement expert and a springboard school or elevate school with:

(i) addressing the root cause of the springboard school's low performance; and

(ii) the development or implementation of a school improvement plan.

(9)

(a) On or before June 1 of an initial remedial year, a school improvement committee shall submit the school improvement plan to the charter school governing board for approval.

(b) Except as provided in Subsection (9)(c), on or before July 1 of an initial remedial year, a charter school governing board of a springboard school or elevate school shall submit the school improvement plan to the state board for approval.

(c) If the charter school governing board does not approve the school improvement plan submitted under Subsection (9)(a), the school improvement committee may appeal the disapproval in accordance with rules made by the state board as described in Subsection 53E-5-305(6).

(10) The provisions of this part do not modify or limit a charter school authorizer's authority at any time to terminate a charter school's charter agreement in accordance with Section 53G-5-503.

(11)

(a) A charter school governing board or a charter school governing board's designee shall annually report to the state board progress toward the goals, benchmarks, and timetable in a springboard school's or elevate school's improvement plan.

(b) A charter school governing board of a springboard school shall provide initial and annual notice:

(i) that includes the following information regarding the springboard school:

(A) the school's improvement status;

(B) the goals, benchmarks, and timetable in the school's improvement plan and any progress toward the goals, benchmarks, and timetable; and

(C) how the community may provide support to the school and students of the school inside and outside the classroom; and

(ii) to:

(A) parents of students enrolled in the school, using the same form of communication the charter school governing board regularly uses to communicate with parents; and

(B) the governing council and the mayor of the municipality in which the school is located.

Amended by Chapter 473, 2022 General Session

53E-5-305 State board to identify continuous improvement experts -- Review and approval of school improvement plans -- Appeals process.

(1) Beginning with the 2023-2024 school year, and every three years thereafter, the state board shall identify two or more approved continuous improvement experts, through a standard procurement process, that a springboard school or elevate school may contract with to:

(a) respond to the needs assessment conducted under Section 53E-5-302; and

(b) provide the services described in Section 53E-5-303 or 53E-5-304, as applicable.

(2) In identifying continuous improvement experts under Subsection (1), the state board shall identify experts that:

(a) have a credible track record of improving student academic achievement in public schools with various demographic characteristics, as measured by statewide assessments described in Section 53E-4-301;

(b) have experience designing, implementing, and evaluating data-driven instructional systems in public schools;

(c) have experience coaching public school administrators and teachers on designing data-driven school improvement plans;

(d) have experience working with the various education entities that govern public schools;

(e) have experience coordinating the services provided to participating schools by other experts or providers;

(f) have experience delivering high-quality professional development in instructional effectiveness to public school administrators and teachers; and

(g) are willing to partner with any springboard school or elevate school in the state, regardless of location.

(3)

(a) The state board shall:

(i) review a proposal submitted for approval under Section 53E-5-303 or 53E-5-304 no later than 30 days after the day on which the proposal is submitted;

(ii) review a school improvement plan submitted for approval under Subsection 53E-5-303(7)(b) or under Subsection 53E-5-304(9)(b) within 30 days of submission; and

(iii) approve a school improvement plan that:

(A) is timely;

(B) is well-developed; and

(C) meets the criteria described in Subsection 53E-5-303(5).

(b) The state board may not approve a school improvement plan that is not aligned with the needs assessment conducted under Section 53E-5-302.

(4)

(a) Subject to legislative appropriations, when a school improvement plan is approved by the state board, the state board shall distribute funds to each LEA governing board with a springboard school or elevate school to carry out the provisions of Sections 53E-5-303 and 53E-5-304.

(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules establishing a distribution method and allowable uses of the funds described in Subsection (4)(a).

(5) The state board shall:

(a) monitor and assess progress toward the goals, benchmarks and timetable in each school improvement plan; and

(b) act as a liaison between a local school board, springboard school or elevate school, and continuous improvement expert.

(6)

(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules to establish an appeals process for:

(i) a springboard district school or elevate district school that is not granted approval from the district school's local school board under Subsection 53E-5-303(7)(b);

(ii) a springboard charter school or elevate charter school that is not granted approval from the charter school's charter school governing board under Subsection 53E-5-304(9)(b); and

(iii) a local school board or charter school governing board that is not granted approval from the state board under Subsection (3)(a) or (b).

(b) The state board shall ensure that rules made under Subsection (6)(a) require an appeals process described in:

(i) Subsections (6)(a)(i) and (ii) to be resolved on or before July 1 of the initial remedial year;

and

(ii) Subsection (6)(a)(iii) to be resolved on or before August 15 of the initial remedial year.

(7) Except as provided in Subsection (8), if the amount is approved by the state board in an open meeting, the state board may use a portion of the funds appropriated by the Legislature to carry out the provisions of this part for:

(a) administration; or

(b) other school improvement supports for all public schools, including for data resources.

(8) For the 2020-21, 2021-22, and 2022-23 school years, if the state board approves the use in an open meeting, the state board may use funds the Legislature appropriated in prior years to carry out the provisions of this part:

(a) for administration;

(b) up to $1,000,000 to contract with a provider, through a request for proposals process, to pilot complementary approaches to school improvement that draw on community resources and engagement; and

(c) to analyze the effectiveness of supports provided:

(i) under this part; and

(ii) by other school improvement programs.

Amended by Chapter 473, 2022 General Session

53E-5-306 Implications for failing to improve school performance.

(1) As used in this section, "high performing charter school" means the same as that term is defined in Section 53G-5-502.

(2)

(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules establishing:

(i) the final remedial year for a cohort;

(ii) exit criteria for a springboard school or elevate school;

(iii) criteria for granting a school an extension as described in Subsection (3); and

(iv) implications for a springboard school that does not meet exit criteria after the school's final remedial year or the last school year of the extension period described in Subsection (3).

(b) In establishing exit criteria for a springboard school, the state board shall:

(i) determine for each springboard school the number of points awarded under the school accountability system that represent a substantive improvement over the number of points awarded under the school accountability system in the school year immediately preceding the initial remedial year; and

(ii) establish a method to provide a target for each springboard school.

(c) The state board shall through a competitively awarded contract engage a third party with expertise in school accountability and assessments to verify the exit criteria adopted under Subsections (2)(a)(i) and (ii).

(3)

(a) A springboard school may petition the state board for an extension to continue school improvement efforts for up to two years if the springboard school does not meet the exit criteria established by the state board as described in Subsection (2).

(b) A school that has been granted an extension under this Subsection (3) is eligible for continued funding under Section 53E-5-305.

(4) If a springboard school does not meet exit criteria after the school's final remedial year or the last school year of the extension period, the state board may intervene by:

(a) restructuring a district school, which may include:

(i) contract management; or

(ii) conversion to a charter school;

(b) restructuring a charter school by:

(i) terminating a school's charter agreement;

(ii) closing a charter school; or

(iii) transferring operation and control of the charter school to:

(A) a high performing charter school; or

(B) the school district in which the charter school is located; or

(c) other appropriate action as determined by the state board.

Amended by Chapter 164, 2023 General Session

53E-5-309 School Leadership Development Program.

(1) As used in this section, "school leader" means a school principal or assistant principal.

(2) There is created the School Leadership Development Program to increase the supply of highly effective school leaders capable of:

(a) initiating, achieving, and sustaining school improvement efforts; and

(b) forming and sustaining community partnerships as described in Section 53F-5-402.

(3) The state board shall identify one or more providers, through a request for proposals process, to develop or provide leadership development training for school leaders that:

(a) may provide in-depth training in proven strategies to improve springboard schools and elevate schools;

(b) may emphasize hands-on and job-embedded learning;

(c) aligns with the state's leadership standards established by state board rule;

(d) reflects the needs of a school district or charter school where a school leader serves;

(e) may include training on using student achievement data to drive decisions;

(f) may develop skills in implementing and evaluating evidence-based instructional practices;

(g) may develop skills in leading collaborative school improvement structures, including professional learning communities; and

(h) includes instruction on forming and sustaining community partnerships as described in

Section 53F-5-402.

(4) Subject to legislative appropriations, the state board shall provide incentive pay to a school leader who:

(a) completes leadership development training under this section; and

(b) agrees to work, for at least five years, in a school that ranked in the lowest performing 20% of schools under the school accountability system in the school year previous to the first year the school leader:

(i) completes leadership development training; and

(ii) begins to work, or continues to work, in a school described in this Subsection (4)(b).

(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules specifying:

(a) eligibility criteria for a school leader to participate in the School Leadership Development Program;

(b) application procedures for the School Leadership Development Program;

(c) criteria for selecting school leaders from the application pool; and

(d) procedures for awarding incentive pay under Subsection (4).

Amended by Chapter 164, 2023 General Session

53E-5-310 Reporting requirement.

In accordance with Section 53E-1-203, the state board shall report on the provisions of this part.

Amended by Chapter 186, 2019 General Session Amended by Chapter 324, 2019 General Session

53E-5-311 Coordination with the Partnerships for Student Success Grant Program.

If a springboard school or elevate school is a member of a partnership that receives a grant under Title 53F, Chapter 5, Part 4, Partnerships for Student Success Grant Program, the school improvement committee shall:

(1) coordinate the school improvement committee's efforts with the efforts of the partnership; and

(2) ensure that the goals and outcomes of the partnership are aligned with the school improvement plan described in this part.

Amended by Chapter 473, 2022 General Session