Education Testing Amendments

9
53E-1-201
53E-4-303
53E-4-316
63I-1-253
0
Education Testing Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: Lincoln Fillmore
LONG TITLE
General Description:
This bill creates the Alternative Statewide Testing Pilot Program.
Highlighted Provisions:
This bill:
defines terms;
creates the Alternative Statewide Testing Pilot Program to allow a local education agency
(LEA) to administer alternative statewide testing;
creates a sunset for the pilot program;
requires the State Board of Education to select a provider through the procurement
process;
creates certain requirements for an LEA participating in the pilot program;
requires a report to the Education Interim Committee; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53E-1-201
Effective
07/01/26
Partially Repealed
07/01/27
, as last amended by Laws
of Utah 2025, First Special Session, Chapter 9
53E-4-303
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 289
63I-1-253
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
ENACTS:
53E-4-316
Effective
07/01/26
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53E-1-201
is amended to read:
53E-1-201
Effective
07/01/26
Partially Repealed
07/01/27
. Reports to and
action required of the Education Interim Committee.
(1)
In accordance with applicable provisions and Section
68-3-14
, the following recurring
reports are due to the Education Interim Committee:
(a)
the report described in Section
9-22-109
by the STEM Action Center Board,
including the information described in Section
9-22-113
on the status of the computer
science initiative and Section
9-22-114
on the Computing Partnerships Grants
Program;
(b)
the prioritized list of data research described in Section
53H-15-303
and the report
on research and activities described in Section
53H-15-305
by the Utah Data
Research Center;
(c)
the report described in Section
53H-1-203
by the Utah Board of Higher Education on
career and technical education issues and addressing workforce needs;
(d)
the annual report of the Utah Board of Higher Education described in Section
53H-1-203
;
(e)
the reports described in Section
53H-7-603
by the Utah Board of Higher Education
regarding activities related to campus safety;
(f)
the State Superintendent's Annual Report by the state board described in Section
53E-1-203
;
(g)
the annual report described in Section
53E-2-202
by the state board on the strategic
plan to improve student outcomes;
(h)
the report described in Section
53E-3-501
by the state board on students in an LEA
who receive academic credit through the packet method;
(i)
the report described in Section
53E-4-316
by the state board regarding
implementation and outcomes of the Alternative Statewide Testing Pilot Program;
(i)
(j)
the report described in Section
53E-8-204
by the state board on the Utah Schools
for the Deaf and the Blind;
(j)
(k)
the report described in Section
53E-10-703
by the Utah Leading through
Effective, Actionable, and Dynamic Education director on research and other
activities;
(k)
(l)
the report described in Section
53F-2-522
regarding mental health screening
programs;
(l)
(m)
the report described in Section
53F-4-203
by the state board and the
independent evaluator on an evaluation of early interactive reading software;
(m)
(n)
the report described in Section
53F-6-412
by the program manager of the Utah
Fits All Scholarship Program;
(n)
(o)
the report described in Section
63N-20-107
by the Governor's Office of
Economic Opportunity on UPSTART;
(o)
(p)
the report described in Section
53F-5-215
by the state board related to a grant
for an elementary teacher preparation assessment;
(p)
(q)
upon request, the report described in Section
53F-5-219
by the state board on
the Local Innovations Civics Education Pilot Program;
(q)
(r)
the report described in Section
53F-5-405
by the state board regarding an
evaluation of a partnership that receives a grant to improve educational outcomes for
students who are low-income;
(r)
(s)
the report described in Section
53H-1-604
regarding the Higher Education and
Corrections Council;
(s)
(t)
the report described in Section
53G-7-221
by the state board regarding
innovation plans; and
(t)
(u)
the reports described in Section
53F-6-412
regarding the Utah Fits All
Scholarship Program.
(2)
In accordance with applicable provisions and Section
68-3-14
, the following occasional
reports are due to the Education Interim Committee:
(a)
in 2027, 2030, 2033, and 2035, the reports described in Sections
53H-1-502
,
53H-1-503
, and
53H-1-504
;
(b)
in 2025, the report described in Section
53H-6-203
by a degree-granting institution
regarding policies on abusive coaching practices;
(c)
if required, the report described in Section
53E-4-309
by the state board explaining
the reasons for changing the grade level specification for the administration of
specific assessments;
(d)
if required, the report described in Section
53E-5-210
by the state board of an
adjustment to the minimum level that demonstrates proficiency for each statewide
assessment;
(e)
the report described in Section
53E-10-702
by Utah Leading through Effective,
Actionable, and Dynamic Education;
(f)
if required, the report described in Section
53F-2-513
by the state board evaluating
the effects of salary bonuses on the recruitment and retention of effective teachers in
high-poverty schools;
(g)
upon request, the report described in Section
53F-10-303
by the state board
regarding the Rural School Sports Facilities Grant Program;
(h)
upon request, a report described in Section
53G-7-222
by an LEA regarding
expenditure of a percentage of state restricted funds to support an innovative
education program;
(i)
the reports described in Section
53G-11-304
by the state board regarding proposed
rules and results related to educator exit surveys; and
(j)
the report described in Section
26B-5-113
by the Office of Substance Use and Mental
Health, the state board, and the Department of Health and Human Services regarding
recommendations related to Medicaid reimbursement for school-based health
services.
(3)
In accordance with applicable provisions and Section
68-3-14
, every five years the
Education Interim Committee shall review the programs described in the following
sections of code:
(a)
beginning July 1, 2027, Title
53E, Chapter 10, Part 3
, Concurrent Enrollment;
(b)
beginning July 1, 2027, Section
53F-2-408
, Enhancement for Accelerated Students
Program;
(c)
beginning July 1, 2027, Section
53F-2-409
, Concurrent enrollment funding;
(d)
beginning July 1, 2027, Section
53F-2-415
, Student health and counseling support --
Qualifying personnel -- Distribution formula -- Rulemaking;
(e)
beginning July 1, 2028, Section
53F-2-416
, Appropriation and distribution for the
Teacher and Student Success Program;
(f)
beginning July 1, 2028, Section
53F-2-510
, Digital Teaching and Learning Grant
Program;
(g)
beginning July 1, 2028, Section
53F-9-306
, Teacher and Student Success Account;
(h)
beginning July 1, 2028, Title
53G, Chapter 7, Part 13
, Teacher and Student Success
Program; and
(i)
beginning July 1, 2029, Section
53F-2-502
, Dual language immersion.
Section 2. Section
53E-4-303
is amended to read:
53E-4-303
Effective
07/01/26
. Utah standards assessments -- Administration --
Review committee.
(1)
As used in this section, "computer adaptive assessment" means an assessment that
measures the range of a student's ability by adapting to the student's responses, selecting
more difficult or less difficult questions based on the student's responses.
(2)
The state board shall:
(a)
adopt a standards assessment that:
(i)
measures a student's proficiency in:
(A)
mathematics for students in each of grades 3 through 8 until July 1, 2026, and
3 through 10 after July 1, 2026;
(B)
English language arts for students in each of grades 3 through 8 until July 1,
2026, and 3 through 10 after July 1, 2026;
(C)
science for students in each of grades 4 through 8 until July 1, 2026, and 4
through 10 after July 1, 2026; and
(D)
writing for students in at least grades 5 and 8; and
(ii)
except for the writing measurement described in Subsection
(2)(a)(i)(D)
, is a
computer adaptive assessment; and
(b)
ensure that an assessment described in Subsection
(2)(a)
is:
(i)
a criterion referenced assessment;
(ii)
administered online;
(iii)
aligned with the core standards for Utah public schools; and
(iv)
adaptable to personalized, competency-based learning, as that term is defined in
Section
53F-5-501
.
(3)
A school district or charter school shall

:
(a)
annually administer the standards assessment adopted by the state board under
Subsection
(2)
to all students in the subjects and grade levels described in Subsection
(2)
.
; or
(b)
administer the alternative assessment in accordance with the requirements of the
Alternative Statewide Testing Pilot Program, created in Section
53E-4-316
.
(4)
(a)
Except as provided in Subsection
(4)(b)
, a student's score on the standards
assessment adopted under Subsection
(2)
may not be considered in determining:
(i)
the student's academic grade for a course; or
(ii)
whether the student may advance to the next grade level.
(b)
A teacher may use a student's score on the standards assessment adopted under
Subsection
(2)
to improve the student's academic grade for or demonstrate the
student's competency within a relevant course.
(5)
(a)
The state board shall establish a committee consisting of 15 parents of Utah public
education students to review all standards assessment questions
except from an
alternative assessment administered under the Alternative Statewide Testing Pilot
Program, created in Section
53E-4-316
.
(b)
The committee established in Subsection
(5)(a)
shall include the following parent
members:
(i)
five members appointed by the chair of the state board;
(ii)
five members appointed by the speaker of the House of Representatives or the
speaker's designee; and
(iii)
five members appointed by the president of the Senate or the president's designee.
(c)
The state board shall provide staff support to the parent committee.
(d)
The term of office of each member appointed in Subsection
(5)(b)
is four years.
(e)
The chair of the state board, 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 half 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.
Section 3. Section
53E-4-316
is enacted to read:
53E-4-316
Effective
07/01/26
. Alternative Statewide Testing Pilot Program.
(1)
As used in this section:
(a)
"Alternative assessment" means a computer-adaptive, nationally norm-referenced
assessment an educational service organization administers to measure achievement
and growth in:
(i)
mathematics;
(ii)
reading; and
(iii)
science.
(b)
"Program" means the Alternative Statewide Testing Pilot Program created in
Subsection
(2)
.
(2)
(a)
There is created a five-year pilot program, known as the Alternative Statewide
Testing Pilot Program, to allow an LEA to administer an alternative assessment in
place of the end-of-year statewide summative assessment required under Section
53E-4-303
for:
(i)
English language arts;
(ii)
mathematics; and
(iii)
science.
(b)
The program does not include the required writing prompt for grades 5 and 8
described in Subsection
53E-4-303(2)
.
(3)
The state board shall:
(a)
in accordance with Title 63G, Chapter 6a, Utah Procurement Code, qualify one or
more providers to provide the program to an LEA;
(b)
in selecting a provider described in Subsection
(3)(a)
:
(i)
ensure the provider's assessment complies with the requirements for an alternative
assessment described in this section;
(ii)
consider how the provider's assessment aligns with core standards for public
schools in the state; and
(iii)
consider the provider's demonstrated experience over multiple consecutive years
in administering adaptive, nationally norm-referenced assessments in a state that
have been used for accountability purposes;
(c)
ensure that scores from the alternative assessment are convertible to the state's
proficiency levels by:
(i)
developing or approving conversion tables or methodologies that map national
percentile ranks scale scores or growth metrics to proficiency levels 1 through 4;
(ii)
ensuring conversions maintain the validity and reliability required under the
Every Student Succeeds Act, 20 U.S.C. Sec. 6301, et seq., including the ability to
disaggregate data by subgroups and calculate school performance indicators; and
(iii)
annually validating and publicly reporting on the state board's website the
conversion methodologies;
(d)
limit participation in the program to:
(i)
school districts with a combined testing enrollment population that does not
exceed the following percentage of students taking a statewide assessment in
related grades:
(A)
before July 1 2029, 10%; and
(B)
after July 1, 2029, 20%; and
(ii)
charter schools with a combined testing enrollment population that does not
exceed the following percentage of students taking a statewide assessment in
related grades:
(A)
before July 1, 2029, 35%; and
(B)
after July 1, 2029, 50%; and
(e)
evaluate the program annually and report to the Education Interim Committee before
October 1 of each year, on:
(i)
the number of participating LEAs and students;
(ii)
parent and educator feedback on transparency and utility of the assessment; and
(iii)
recommendations for the committee related to the program.
(4)
(a)
To participate in the program, an LEA shall:
(i)
notify the state board by applying to the program the state board establishes by
rule under Subsection
(6)(a)
;
(ii)
allocate funds from the LEA's budget to pay the provider the state board procures
under Subsection
(3)(a)
, and associated costs to administer the alternative
assessment within the LEA;
(iii)
administer the alternative assessment to students enrolled in the LEA;
(iv)
administer the alternative assessment to a student enrolled in the LEA, in
accordance with the assessment publisher's guidelines and state board rule, during
the school year at the beginning, middle, and end of the school year; and
(v)
submit assessment data to the state board in a format compatible with the state's
data system for inclusion in school and LEA accountability calculations.
(b)
The state board may deduct from the state board's distributions to an LEA under the
Minimum School Program, as that term is defined in Section 53F-2-102, to cover
state board costs of an LEA participating in the program.
(5)
An LEA participating in the program shall:
(a)
issue individual student reports to a parent no later than 30 days after the date of each
administration of the assessment including the student's:
(i)
percentile rank;
(ii)
growth measures; and
(iii)
converted proficiency level;
(b)
post aggregated, nonpersonally identifiable results on the LEA's public website no
later than 60 days after the date of the end-of-year administration of the assessment;
and
(c)
make converted data available to the state board for statewide reporting.
(6)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board may make rules, including rules to:
(a)
create an application process for an LEA to participate in the program;
(b)
create reporting requirements for an LEA participating in the program;
(c)
ensure compliance with federal assessment requirements under the Every Student
Succeeds Act, 20 U.S.C. Sec. 6301, et seq.; and
(d)
address accommodations for a student with:
(i)
disabilities;
(ii)
English learners; and
(iii)
other subgroups.
Section 4. Section
63I-1-253
is amended to read:
63I-1-253
Effective
07/01/26
. Repeal dates: Titles 53 through 53G.
(1)
Section
53-1-122
, Road Rage Awareness and Prevention Restricted Account, is
repealed July 1, 2028.
(2)
Section
53-2a-105
, Emergency Management Administration Council created --
Function -- Composition -- Expenses, is repealed July 1, 2029.
(3)
Section
53-2a-1103
, Search and Rescue Advisory Board -- Members -- Compensation,
is repealed July 1, 2030.
(4)
Section
53-2a-1104
, General duties of the Search and Rescue Advisory Board, is
repealed July 1, 2027.
(5)
Title 53, Chapter 2a, Part 15, Grid Resilience Committee
, is repealed July 1, 2027.
(6)
Section
53-2d-104
, State Emergency Medical Services Committee -- Membership --
Expenses, is repealed July 1, 2029.
(7)
Section
53-2d-503
, Establishment of maximum rates, is repealed July 1, 2027.
(8)
Section
53-5a-302
, Concealed Firearm Review Board -- Membership -- Compensation
-- Terms -- Duties, is repealed July 1, 2029.
(9)
Section
53-11-104
, Board, is repealed July 1, 2029.
(10)
Title
53, Chapter 31
, Department Interaction With Local Law Enforcement, is repealed
July 1, 2027.
(11)
Subsection
53C-3-203
(4)(b)(vii)
, regarding the distribution of money from the Land
Exchange Distribution Account to the Geological Survey for test wells and other
hydrologic studies in the West Desert, is repealed July 1, 2030.
(12)
Subsection
53E-1-201
(1)(q)
, regarding the Higher Education and Corrections Council,
is repealed July 1, 2027.
(13)
Subsection
53E-2-304
(6)
, regarding foreclosing a private right of action or waiver of
governmental immunity, is repealed July 1, 2027.
(14)
Subsection
53E-3-503
(5)
, regarding coordinating councils for youth in care, is
repealed July 1, 2027.
(15)
Subsection
53E-3-503
(6)
, regarding coordinating councils for youth in care, is
repealed July 1, 2027.
(16)
Subsection
53E-4-202
(8)(b)
, regarding a standards review committee, is repealed
January 1, 2028.
(17)
Section
53E-4-203
, Standards review committee, is repealed January 1, 2028.
(18)
Section
53E-4-316
, Alternative Statewide Testing Pilot Program, is repealed July 1,
2031.
(18)
(19)
Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission
,
is repealed July 1, 2033.
(19)
(20)
Subsection
53E-7-207
(7)
, regarding a private right of action or waiver of
governmental immunity, is repealed July 1, 2027.
(20)
(21)
Section
53F-5-215
, Elementary teacher preparation assessment grant, is repealed
July 1, 2028.
(21)
(22)
Section
53F-5-219
, Local Innovations Civics Education Pilot Program, is
repealed July 1, 2026.
(22)
(23)
Title 53F, Chapter 10, Part 2, Capital Projects Evaluation Panel
, is repealed July
1, 2027.
(23)
(24)
Subsection
53G-4-608
(2)(b)
, regarding the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(24)
(25)
Subsection
53G-4-608
(4)(b)
, regarding the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(25)
(26)
Section
53G-9-212
, Drinking water quality in schools, is repealed July 1, 2027.
(26)
(27)
Subsection
53G-9-703(4)
, regarding the parental video presentation concerning
student use of technology, is repealed January 1, 2030.
(27)
(28)
Subsection
53H-1-402(1)(j)
, regarding the Higher Education and Corrections
Council, is repealed July 1, 2027.
(28)
(29)
Section
53H-1-604
, Higher Education and Corrections Council, is repealed July
1, 2027.
(29)
(30)
Subsection
53H-4-210(3)
, regarding the creation of the SafeUT and School
Safety Commission, is repealed January 1, 2030.
(30)
(31)
Subsection
53H-4-210(4)
, regarding the appointment of the members of the
SafeUT and School Safety Commission, is repealed January 1, 2030.
(31)
(32)
Subsection
53H-4-210(5)
, regarding the attorney general designating the chair of
the SafeUT and School Safety Commission, is repealed January 1, 2030.
(32)
(33)
Subsection
53H-4-210(6)
, regarding the quorum requirements of the SafeUT and
School Safety Commission, is repealed January 1, 2030.
(33)
(34)
Subsection
53H-4-210(7)
, regarding a formal action of the SafeUT and School
Safety Commission, is repealed January 1, 2030.
(34)
(35)
Subsection
53H-4-210(8)
, regarding compensation for members of the SafeUT
and School Safety Commission, is repealed January 1, 2030.
(35)
(36)
Subsection
53H-4-210(9)
, regarding the support staff for the SafeUT and School
Safety Commission, is repealed January 1, 2030.
(36)
(37)
Section
53H-4-306.1
, Definitions -- Electrification of Transportation
Infrastructure Research Center, is repealed July 1, 2028.
(37)
(38)
Section
53H-4-306.2
, Electrification of Transportation Infrastructure Research
Center -- Designation -- Duties, is repealed July 1, 2028.
(38)
(39)
Section
53H-4-306.3
, Electrification of Transportation Infrastructure Research
Center -- Steering committee, is repealed July 1, 2028.
(39)
(40)
Section
53H-4-306.4
, Electrification of Transportation Infrastructure Research
Center -- Industry advisory board, is repealed July 1, 2028.
(40)
(41)
Section
53H-4-306.5
, Electrification of Transportation Infrastructure Research
Center -- Duties of the project director, is repealed July 1, 2028.
(41)
(42)
Section
53H-4-306.6
, Electrification of Transportation Infrastructure Research
Center -- Project development and strategic objectives -- Reporting requirements, is
repealed July 1, 2028.
(42)
(43)
Section
53H-4-307.1
, Center for Civic Excellence, is repealed July 1, 2030.
(43)
(44)
Section
53H-4-307.2
, Center for Civic Excellence -- Duties -- Authority, is
repealed July 1, 2030.
(44)
(45)
Section
53H-4-307.3
, Center for Civic Excellence -- Leadership, is repealed July
1, 2030.
(45)
(46)
Section
53H-4-307.4
, Center for Civic Excellence -- Faculty, is repealed July 1,
2030.
(46)
(47)
Section
53H-4-307.5
, Center for Civic Excellence -- Curriculum, is repealed July
1, 2030.
(47)
(48)
Section
53H-4-307.6
, Center for Civic Excellence -- Oversight -- Reporting, is
repealed July 1, 2030.
(48)
(49)
Section
53H-4-313
, Food Security Council, is repealed July 1, 2027.
(49)
(50)
Section
53H-8-305
, Five-year performance goals, is repealed July 1, 2027.
(50)
(51)
Title
53H, Chapter 10, Part 4
, Education Savings Incentive Program, is repealed
July 1, 2028.
Section 5.
Effective Date.
This bill takes effect on
July 1, 2026
.
1-23-26 11:21 AM