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First Substitute H.B. 181
Representative Stephen H. Urquhart proposes the following substitute bill:
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EDUCATION REFORM
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2006 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Stephen H. Urquhart
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Senate Sponsor:
Howard A. Stephenson
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LONG TITLE
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General Description:
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This bill provides stipends for supplemental instruction to students who have not passed
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the Utah Basic Skills Competency Test, funding to implement proposals to improve
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mathematics achievement test scores in grades four through six, and modifications to
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the Utah Orderly School Termination Procedures Act.
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Highlighted Provisions:
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This bill:
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. specifies eligibility requirements for students to receive a stipend for basic skills
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education;
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. establishes stipend amounts;
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. requires basic skills providers to accept students for instruction on a first come/first
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served basis;
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. allows a basic skills provider to charge a stipend recipient an additional amount
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above the stipend amount;
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. provides that a basic skills provider shall receive payment in the amount of the
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stipend if the stipend recipient passes the subtest for which the basic skills provider
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provided instruction;
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. requires the State Board of Education to administer the Basic Skills Education
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Stipend Program and make rules;
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. requires the Legislature to annually appropriate money from the General Fund for
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stipends for basic skills education;
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. directs the State Board of Education to issue a request for proposals from school
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districts and charter schools to improve mathematics achievement test scores of
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students in grades four through six;
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. requires the proposals to use professional development, incentive bonuses, or a
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combination of both, as a strategy to improve mathematics achievement test scores;
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. requires the State Board of Education to:
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. give priority to Title I schools in awarding funding to implement proposals; and
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. report to the Education Interim Committee on the implementation of proposals
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to improve mathematics achievement test scores;
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. specifies procedures for the termination or discontinuation of a career employees's
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contract; and
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. appropriates money for stipends for basic skills education and to implement
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proposals to improve mathematics achievement test scores of students in grades
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four through six.
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Monies Appropriated in this Bill:
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This bill appropriates:
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. for fiscal year 2006-07 only, $7,500,000 from the General Fund to the State Board
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of Education; and
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. for fiscal year 2006-07 only, $12,500,000 from the Uniform School Fund to the
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State Board of Education.
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Other Special Clauses:
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This bill takes effect on July 1, 2006.
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Utah Code Sections Affected:
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AMENDS:
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53A-8-102, as last amended by Chapter 5, Laws of Utah 2001, First Special Session
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53A-8-104, as last amended by Chapter 86, Laws of Utah 2001
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63-55b-153, as last amended by Chapters 90, 251 and 328, Laws of Utah 2004
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ENACTS:
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53A-1-612, Utah Code Annotated 1953
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53A-17a-152, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-1-612
is enacted to read:
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53A-1-612. Basic Skills Education Program.
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(1) As used in this section:
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(a) "Basic skills education" means individual or group instruction, including
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assessments, designed to develop the skills and knowledge necessary to pass the Utah Basic
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Skills Competency Test.
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(b) "Basic skills provider" means:
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(i) a school district;
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(ii) a charter school;
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(iii) an accredited public or private educational institution; or
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(iv) other entity that meets board requirements pursuant to Subsection (12).
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(c) "Program" means the Basic Skills Education Stipend Program.
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(d) "Stipend recipient" means a student who receives a stipend under this section.
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(e) "Utah Basic Skills Competency Test" or "UBSCT" means the basic skills
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competency test administered to students pursuant to Section
53A-1-611
.
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(2) The Basic Skills Education Stipend Program is created to provide students who
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have not passed the UBSCT supplemental instruction in the skills and knowledge necessary to
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pass the test.
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(3) The State Board of Education shall administer the Basic Skills Education Stipend
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Program.
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(4) (a) A student may receive a stipend for basic skills education if:
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(i) (A) by the spring of the student's junior year the student has not passed the UBSCT;
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and
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(B) the student's score on one more subtests is below the midpoint of the partial
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mastery range;
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(ii) the student's parent or guardian is a Utah resident;
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(iii) the student is enrolled full-time in a public school in the state; and
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(iv) the student does not qualify for the Utah Alternative Assessment.
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(b) A student who meets the criteria of Subsection (4)(a) may receive a stipend for
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basic skills education in the subject of each subtest failed. Depending upon the number of
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subtests failed, a student may receive one, two, or three stipends. A student may receive a
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stipend only once for each subtest failed.
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(5) Stipend amounts shall be based on a student's subtest score as follows:
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(a) $500, if the student's subtest score was below the midpoint of the partial mastery
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range but above the minimal mastery range;
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(b) $1,000, if the student's subtest score was below the partial mastery range, but above
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or at the midpoint of the minimal mastery range; or
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(c) $1,500, if the student's subtest score was below the midpoint of the minimal
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mastery range.
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(6) A stipend recipient may apply for basic skills education from any basic skills
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provider.
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(7) Each basic skill provider shall accept stipend recipients on a first come/first served
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basis.
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(8) A stipend recipient shall give the following to the basic skills provider selected to
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provide basic skills education:
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(a) a voucher in the amount of the stipend which the basic skills educator may present
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for payment by the board if the stipend recipient passes the subtest corresponding to the basic
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skills education provided by the basic skills provider; and
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(b) an authorization signed by the stipend recipient's parent or guardian for the stipend
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recipient's school to release records of the stipend recipient to the basic skills provider, if the
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basic skills provider is not the school district or charter school in which the stipend recipient is
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enrolled.
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(9) A basic skills provider who possesses a voucher shall receive payment from the
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board in the amount of the stipend, if, on a subsequent administration of the UBSCT, the
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stipend recipient passes the subtest corresponding to the basic skills education provided by the
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basic skills provider.
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(10) (a) A basic skills provider may charge a stipend recipient an amount in addition to
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that paid by the board.
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(b) The additional amount charged by a basic skills provider shall be:
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(i) consistent with the restriction in Utah Constitution Article X, Section 2;
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(ii) disclosed to the stipend recipient's parent or guardian when the stipend recipient
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applies for basic skills education; and
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(iii) reported to the board before receiving payment from the board.
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(c) A basic skills provider may not make any additional charge or refund of a charge
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contingent upon a stipend recipient's passing or failing a UBSCT subtest.
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(11) (a) Stipends shall be awarded by the board subject to the availability of money
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appropriated by the Legislature for that purpose
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(b) The Legislature shall annually appropriate money to the board from the General
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Fund to make stipend payments.
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(c) If monies are not available to pay for all stipends requested, the stipends shall be
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allocated according to rules adopted by the State Board of Education.
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(12) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
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the State Board of Education shall make rules:
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(a) establishing qualifications for basic skills providers who are not school districts,
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high schools, or accredited public or private educational institutions;
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(b) establishing procedures for the administration of the Basic Skills Education Stipend
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Program; and
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(c) requiring the parent or guardian of a stipend recipient who selects a basic skills
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provider other than the school district or charter school in which the stipend recipient is
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enrolled to sign:
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(i) an acknowledgment that the school district or charter school is released from further
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remediation responsibility for the stipend recipient; and
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(ii) if the student has an IEP, an acknowledgment that offering a voucher to the basic
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skill provider has the same effect as a parental refusal to consent to services pursuant to Section
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614(a)(1) of the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
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Section 2.
Section
53A-8-102
is amended to read:
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53A-8-102. Definitions.
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As used in this chapter:
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(1) "Administrative disciplinary action" means any written statement provided to the
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school employee, signed by a school or district administrator, and retained in the employee's
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personnel file evidencing the employee's willful or intentional misconduct as defined in
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Subsection (10).
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[(1)] (2) "Career employee" means an employee of a school district who has obtained a
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reasonable expectation of continued employment based upon Section
53A-8-106
and an
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agreement with the employee or the employee's association, district practice, or policy.
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[(2)] (3) "Contract term" or "term of employment" means the period of time during
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which an employee is engaged by the school district under a contract of employment, whether
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oral or written.
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[(3)] (4) "Dismissal" or "termination" means:
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(a) termination of the status of employment of an employee;
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(b) failure to renew or continue the employment contract of a career employee beyond
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the then-current school year;
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(c) reduction in salary of an employee not generally applied to all employees of the
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same category employed by the school district during the employee's contract term; or
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(d) change of assignment of an employee with an accompanying reduction in pay,
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unless the assignment change and salary reduction are agreed to in writing.
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[(4)] (5) "Employee" means a career or provisional employee of a school district, but
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does not include:
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(a) the district superintendent, or the equivalent at the Schools for the Deaf and the
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Blind;
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(b) the district business administrator or the equivalent at the Schools for the Deaf and
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the Blind; or
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(c) a temporary employee.
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[(5)] (6) "Provisional employee" means an individual, other than a career employee or
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a temporary employee, who is employed by a school district.
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[(6)] (7) "School board" or "board" means a district school board or its equivalent at
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the Schools for the Deaf and the Blind.
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[(7)] (8) "School district" or "district" means:
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(a) a public school district; or
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(b) the Schools for the Deaf and the Blind.
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[(8)] (9) "Temporary employee" means an individual who is employed on a temporary
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basis as defined by policies adopted by the local board of education. If the class of employees
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in question is represented by an employee organization recognized by the local board, the board
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shall adopt its policies based upon an agreement with that organization. Temporary employees
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serve at will and have no expectation of continued employment.
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(10) "Willful or intentional misconduct" means conduct that jeopardizes the health or
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safety of students or conduct that significantly impairs the employee's ability to safely or
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professionally fulfill the employee's responsibilities or assignments.
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Section 3.
Section
53A-8-104
is amended to read:
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53A-8-104. Dismissal procedures.
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(1) (a) The district shall provide employees with a written statement of [causes]
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employee misconduct and incompetence under which a career employee's contract may not be
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renewed or continued beyond the then-current school year, under which a contract of each class
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of personnel may not be renewed or continued beyond the then-current school year, and under
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which a contract can be otherwise terminated during the contract term, and the orderly
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dismissal procedures which are used by the district in cases of contract termination,
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discontinuance, or nonrenewal.
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(b) The statement shall include unsatisfactory performance and willful or intentional
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misconduct for which specific employment actions may be taken.
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(2) (a) If the district intends to terminate a contract during its term or discontinue a
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career employee's contract beyond the then current school year for reasons of unsatisfactory
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performance, the unsatisfactory performance must be documented in at least two evaluations
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conducted at any time within the preceding three years in accordance with district policies or
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practices.
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(b) The district shall notify a career employee, at least 30 days prior to issuing notice of
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intent not to renew or continue the employee's contract beyond the then-current school year,
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that continued employment is in question and the reasons for the anticipated nonrenewal or
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discontinuance.
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(c) The board shall give the career employee an opportunity to correct the problem in
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accordance with the district evaluation policies.
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(d) The board may grant the career employee assistance to correct the deficiencies,
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including informal conferences and the services of school personnel within the district
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consistent with Subsections
53A-1a-104
(7) and
53A-6-102
(2)(a) and (b).
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(3) (a) If the career employee does not correct the problem as determined in accordance
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with the evaluation and personnel policies of the district and the district intends to not renew or
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discontinue the contract of employment of a career employee at the end of the then-current
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school year, it shall give notice of that intention to the employee.
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(b) The district shall issue the notice at least 30 days before the end of the career
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employee's contract term.
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(4) (a) If the district intends to terminate a contract during its term or discontinue a
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career employee's contract beyond the then-current school year for willful or intentional
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misconduct, the willful or intentional misconduct shall be documented in at least one
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administrative disciplinary action taken at any time within the preceding two years in
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accordance with district policies or practices.
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(b) The district shall notify a career employee, at least 30 days before the anticipated
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termination date, if the employee has not remedied or cannot remedy, based on the district's
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determination, the misconduct.
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(c) The district may provide the career employee assistance to remedy the misconduct,
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including informal conferences and the services of school personnel within the district
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consistent with Subsections
53a-1a-104
(7) and
53A-6-102
(2)(a)(b).
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(d) The career employee shall have the opportunity to appeal the termination within 30
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days of the termination date consistent with local board policies and practice.
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[(4)] (5) A district shall notify a provisional employee at least 60 days before the end of
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the provisional employee's contract if the employee will not be offered a contract for a
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subsequent term of employment.
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[(5)] (6) In the absence of a notice, an employee is considered employed for the next
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contract term with a salary based upon the salary schedule applicable to the class of employee
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into which the individual falls.
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[(6)] (7) If the district intends to not renew or discontinue the contract of a career
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employee or to terminate a career or provisional employee's contract during the contract term:
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(a) the district shall give written notice of the intent to the employee;
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(b) the notice shall be served by personal delivery or by certified mail addressed to the
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individual's last-known address as shown on the records of the district;
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(c) except as provided under Subsection (3)(b), the district shall give notice at least 15
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days prior to the proposed date of termination;
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(d) the notice shall state the date of termination and the detailed reasons for termination;
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[and]
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(e) the notice shall advise the individual that he has a right to a fair hearing; and
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(f) the notice shall state that failure of the employee to request a hearing in accordance
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with procedures set forth in the notice constitutes a waiver of that right and that the district may
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then proceed with termination without further notice.
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[(7)] (8) The procedure under which a contract is terminated during its term may
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include a provision under which the active service of the employee is suspended pending a
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hearing if it appears that the continued employment of the individual may be harmful to
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students or to the district.
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[(8)] (9) (a) Suspension pending a hearing may be without pay if an authorized
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representative of the district determines, after providing the employee with an opportunity for
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an informal conference to discuss the allegations, that it is more likely than not that the
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allegations against the employee are true and will result in termination.
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(b) If termination is not subsequently ordered, the employee shall receive back pay for
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the period of suspension without pay.
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[(9)] (10) The procedure shall provide for a written notice of suspension or final
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termination including findings of fact upon which the action is based if the suspension or
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termination is for cause.
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Section 4.
Section
53A-17a-152
is enacted to read:
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53A-17a-152. Grades 4 - 6 Mathematics Improvement.
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(1) As used in this part:
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(a) "Board" means the State Board of Education.
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(b) "Title I school" means a school receiving federal monies under Title I of the No
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Child Left Behind Act of 2001, Pub. L. No 107-110, for a schoolwide or targeted assistance
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program.
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(2) The board shall issue a request for proposals from school districts and charter
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schools to improve mathematics achievement test scores of students in grades four through six.
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(3) Each proposal shall use professional development, incentive bonuses, or a
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combination of professional development and incentive bonuses as a strategy to improve
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mathematics achievement test scores of students in grades four through six.
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(4) The board shall select proposals for funding based on the criteria stated in the
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request for proposals with priority given to Title I schools.
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(5) (a) There is appropriated for fiscal year 2006-07 only, $12,500,000 from the
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Uniform School Fund to the board to fund the implementation of proposals to improve
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mathematics achievement test scores of students in grades four through six as provided in this
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section.
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(b) The board may provide funding to implement a proposal for up to three years.
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(c) At least 50% of the money budgeted to implement proposals under this section
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shall be budgeted to implement incentive bonus plans.
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(d) The money appropriated in Subsection (5)(a) shall be nonlapsing.
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(6) The board shall make a report to the Education Interim Committee after each year
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of proposal implementation. The report shall provide an analysis of how professional
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development and incentive bonus plans impact mathematics achievement test scores in grades
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four through six.
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Section 5.
Section
63-55b-153
is amended to read:
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63-55b-153. Repeal dates -- Titles 53, 53A, and 53B.
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(1) Subsection
53-3-205
(9)(a)(i)(D) is repealed July 1, 2007.
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(2) Subsection
53-3-804
(2)(g) is repealed July 1, 2007.
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(3) Section
53A-1-403.5
is repealed July 1, 2007.
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(4) Subsection
53A-1a-511
(7)(c) is repealed July 1, 2007.
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(5) Section
53A-3-702
is repealed July 1, 2008.
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(6) Section
53A-17a-152
is repealed July 1, 2010.
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[(6)] (7) Section
53B-8-104.5
is repealed July 1, 2009.
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Section 6. Appropriation.
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(1) There is appropriated for fiscal year 2006-07 only, $7,500,000 from the General
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Fund to the State Board of Education for the Basic Skills Education Stipend Program created in
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Section
53A-1-612
.
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(2) Of the money appropriated in Subsection (1), $200,000 may be used by the State
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Board of Education for the administration of the program.
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(3) The money appropriated in Subsection (1) shall be nonlapsing.
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Section 7. Effective date.
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This bill takes effect on July 1, 2006.
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