2015 Utah Code
Title 53A - State System of Public Education
Chapter 1 - Administration of Public Education at the State Level
Part 6 - Achievement Tests
Section 603 - Duties of State Board of Education.

Effective 5/12/2015
53A-1-603. Duties of State Board of Education.

• (1) The State Board of Education shall:
  • (a) require each school district and charter school to implement the Utah Performance Assessment System for Students, hereafter referred to as U-PASS;
  • (b) require the state superintendent of public instruction to submit and recommend criterion-referenced achievement tests or online computer adaptive tests, college readiness assessments, an online writing assessment for grades 5 and 8, and a test for students in grade 3 to measure reading grade level to the board for approval and adoption and distribution to each school district and charter school by the state superintendent;
  • (c) develop an assessment method to uniformly measure statewide performance, school district performance, and school performance of students in grades 3 through 12 in mastering basic academic subjects; and
  • (d) provide for the state to participate in the National Assessment of Educational Progress state-by-state comparison testing program.

• (2) Except as provided in Subsection (3) and Subsection 53A-1-611(3), under U-PASS, the State Board of Education shall annually require each school district and charter school, as applicable, to administer:
  • (a) as determined by the State Board of Education, statewide criterion-referenced tests or online computer adaptive tests in grades 3 through 12 and courses in basic academic subjects of the core standards for Utah public schools;
  • (b) an online writing assessment to all students in grades 5 and 8;
  • (c) college readiness assessments as detailed in Section 53A-1-611; and
  • (d) a test to all students in grade 3 to measure reading grade level.

• (3) Beginning with the 2014-15 school year, the State Board of Education shall annually require each school district and charter school, as applicable, to administer a computer adaptive assessment system that is:
  • (a) adopted by the State Board of Education; and
  • (b) aligned to the core standards for Utah public schools.

• (4) The board shall adopt rules for the conduct and administration of U-PASS to include the following:
  • (a) the computation of student performance based on information that is disaggregated with respect to race, ethnicity, gender, limited English proficiency, and those students who qualify for free or reduced price school lunch;
  • (b) security features to maintain the integrity of the system, which could include statewide uniform testing dates, multiple test forms, and test administration protocols;
  • (c) the exemption of student test scores, by exemption category, such as limited English proficiency, mobility, and students with disabilities, with the percent or number of student test scores exempted being publically reported at a district level;
  • (d) compiling of criterion-referenced, online computer adaptive, and online writing test scores and test score averages at the classroom level to allow for:
    • (i) an annual review of those scores by parents of students and professional and other appropriate staff at the classroom level at the earliest point in time;
    • (ii) the assessment of year-to-year student progress in specific classes, courses, and subjects; and
    • (iii) a teacher to review, prior to the beginning of a new school year, test scores from the previous school year of students who have been assigned to the teacher's class for the new school year;
  • (e) allowing a school district or charter school to have its tests administered and scored electronically to accelerate the review of test scores and their usefulness to parents and educators under Subsection (4)(d), without violating the integrity of U-PASS; and
  • (f) providing that scores on the tests and assessments required under Subsection (2)(a) and Subsection (3) may not be considered in determining:
    • (i) a student's academic grade for the appropriate course; or
    • (ii) whether a student may advance to the next grade level.

• (5)
  • (a) A school district or charter school, as applicable, is encouraged to administer an online writing assessment to students in grade 11.
  • (b) The State Board of Education may award a grant to a school district or charter school to pay for an online writing assessment and instruction program that may be used to assess the writing of students in grade 11.

• (6) The State Board of Education shall make rules:
  • (a) establishing procedures for applying for and awarding money for computer adaptive tests;
  • (b) specifying how money for computer adaptive tests shall be allocated among school districts and charter schools that qualify to receive the money; and
  • (c) requiring reporting of the expenditure of money awarded for computer adaptive testing and evidence that the money was used to implement computer adaptive testing.

• (7) The State Board of Education shall assure that computer adaptive tests are administered in compliance with the requirements of Chapter 13, Part 3, Utah Family Educational Rights and Privacy Act.

• (8)
  • (a) The State Board of Education shall establish a committee consisting of 15 parents of Utah public education students to review all computer adaptive test questions.
  • (b) The committee established in Subsection (8)(a) shall include the following parent members:
    • (i) five members appointed by the chair of the State Board of Education;
    • (ii) five members appointed by the speaker of the House of Representatives; and
    • (iii) five members appointed by the president of the Senate.
  • (c) The State Board of Education shall provide staff support to the parent committee.
  • (d) The term of office of each member appointed in Subsection (8)(b) is four years.
  • (e) The chair of the State Board of Education, 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 1/2 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.

• (9)
  • (a) School districts and charter schools shall require each licensed employee to complete two hours of professional development on youth suicide prevention within their license cycle in accordance with Section 53A-6-104.
  • (b) The State Board of Education shall develop or adopt sample materials to be used by a school district or charter school for professional development training on youth suicide prevention.
  • (c) The training required by this Subsection (9) shall be incorporated into professional development training required by rule in accordance with Section 53A-6-104.

Amended by Chapter 258, 2015 General Session
Amended by Chapter 415, 2015 General Session
Amended by Chapter 444, 2015 General Session