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.

Terms Used In Utah Code 53E-5-306

  • Charter agreement: means an agreement made in accordance with Section 53G-5-303 that authorizes the operation of a charter school. See Utah Code 53E-1-102
  • 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. See Utah Code 53E-5-301
  • Contract: A legal written agreement that becomes binding when signed.
  • District school: means a public school under the control of a local school board. See Utah Code 53E-1-102
  • 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. See Utah Code 53E-5-301
  • Final remedial year: means the second or third school year following the initial remedial year, as determined by the state board. See Utah Code 53E-5-301
  • 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. See Utah Code 53E-5-301
  • School accountability system: means the school accountability system established in 2. See Utah Code 53E-5-301
  • 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 2, 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. See Utah Code 53E-5-301
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State board: means the State Board of Education. See Utah Code 53E-1-102
  • (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