R277-920-8. Exit Criteria for a School in Critical Needs Status -- Extensions -- More Rigorous Interventions

  (1)(a) Except as provided in Subsection (1)(b), to exit critical needs status, a school shall demonstrate that the school no longer meets the criteria for which the school was identified:

  (i) for the second and third years, consecutively, after which the school was identified for critical needs status; or

  (ii) for two consecutive years by the end of the extension period described in Subsection (3).

  (b) A school that was identified based on 2014-15 school accountability results is required to improve performance by at least one letter grade, as determined by comparing the school's letter grade for the 2014-15 school year to the school's letter grade for the 2017-18 school year.

  (2) In determining whether a school has met the criteria described in Subsection (1), the Superintendent shall apply the indicators, weightings, and threshold scores described in the version of Title 53E, Chapter 5, Part 2, School Accountability System that was in place at the time the school was identified.

  (3) If a school does not meet the exit criteria described in Subsection (1)(a), the school may qualify for an extension to continue current school improvement efforts for up to two years if the school:

  (a)(i) has cut the difference by 50% between:

  (A) the percentage of points earned in the school year in which the school was identified; and

  (B) the percentage of points necessary to meet the exit criteria described in Subsection (1)(a); or

  (ii) has met the exit criteria described in Subsection (1)(a) for only one year; and

  (b) electronically files an extension request with the Superintendent within 15 days of the release of school accountability results, that provides rationale justifying an extension.

  (4)(a) The Superintendent shall conduct an in-depth analysis of the alignment of the school's curriculum to the Utah core standards:

  (i) in each school that qualifies for an extension under Subsection (3); and

  (ii) that is individualized to each teacher.

  (b) The Superintendent may require a local education board or school to:

  (i) take actions to remedy issues identified in the analysis described in Subsection (4)(a); or

  (ii) revise the school turnaround plan.

  (5) If a school identified for critical needs status does not meet the exit criteria described in Subsection (1) or qualify for an extension as described in Subsection (3) the following groups shall make a recommendation to the Board on what action the Board should take:

  (a) a state review panel, described in Subsection (7);

  (b) if the school is a district school, the local school board, with input from the community as described in Subsection (8); and

  (c) if the school is a charter school, the charter school authorizer with input from the community as described in Subsection (8).

  (6) The groups described in Subsection (5) shall make a recommendation within 90 days of the release of school accountability results on whether the Board should:

  (a) require personnel changes, including replacement of school leaders or teachers;

  (b) if the school is a district school:

  (i) require involuntary transfers of school leaders or teachers;

  (ii) require the local school board to change school boundaries;

  (iii) temporarily appoint a public or non-profit entity other than the local school board to manage and operate the school; or

  (iv) permanently transfer control of a school to a public or non-profit entity other than the local education board;

  (c) if the school is a charter school:

  (i) require that the charter school governing board be replaced; or

  (ii) require that the charter school authorizer close the school; or

  (c) if the school is a charter school, require that the charter school authorizer:

  (i) replace some or all members of the charter school governing board;

  (ii) transfer 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

  (iii) close the school; or

  (d) take other action.

  (7)(a) The Superintendent shall appoint members of the state review panel subject to Subsection (7)(b).

  (b) The state review panel shall include at least three members who each have demonstrated expertise in two or more of the following fields:

  (i) leadership at the school district or school level;

  (ii) standards-based elementary or secondary curriculum instruction and assessment;

  (iii) instructional data management and analysis;

  (iv) educational program evaluation;

  (v) educational program management;

  (vi) teacher leadership;

  (vii) change management;

  (viii) organizational management; or

  (ix) school budgeting and finance.

  (c) The state review panel shall critically evaluate at least:

  (i) whether the local education agency has the capacity to implement the changes necessary to improve school performance;

  (ii) whether the school leadership is adequate to implement change to improve school performance;

  (iii) whether the school has sufficient authority to implement change;

  (iv) whether the plan is being implemented with fidelity;

  (v) whether the state and local education board provided sufficient resources to the school to support school improvement efforts, including whether the local school board prioritized school district funding and resources to the school in accordance with Section 53E-5-303;

  (vi) the likelihood that performance can be improved within the current management structure and staffing; and

  (vii) the necessity that the school remain in operation to serve students.

  (8) A local school board and charter school authorizer shall develop recommendations under this section in collaboration with:

  (a) parents of students currently attending the school;

  (b) teachers, principals, and other school leaders at the school;

  (c) stakeholders representing the interests of students with disabilities, English learners, and other vulnerable student populations; and

  (d) other community members and community partners.