H.B. 242

This document includes House Committee Amendments incorporated into the bill on Thu, Mar 5, 2009 at 11:11 AM by jeyring. --> 1

KINDERGARTEN AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Laura Black
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies kindergarten enrollment requirements.
10 Highlighted Provisions:
11 This bill:
12 . modifies the minimum age for kindergarten enrollment H. , at a local school board's
12a discretion .H ; and
13 . makes technical corrections.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 This bill takes effect on July 1, 2010.
18 Utah Code Sections Affected:
19 AMENDS:
20 53A-3-402, as last amended by Laws of Utah 2007, Chapter 92
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 53A-3-402 is amended to read:
24 53A-3-402. Powers and duties generally.
25 (1) Each local school board shall:
26 (a) implement the core curriculum utilizing instructional materials that best correlate to
27 the core curriculum and graduation requirements;

28 (b) administer tests, required by the State Board of Education, which measure the
29 progress of each student, and coordinate with the state superintendent and State Board of
30 Education to assess results and create plans to improve the student's progress which shall be
31 submitted to the State Office of Education for approval;
32 (c) use progress-based assessments as part of a plan to identify schools, teachers, and
33 students that need remediation and determine the type and amount of federal, state, and local
34 resources to implement remediation;
35 (d) develop early warning systems for students or classes failing to make progress;
36 (e) work with the State Office of Education to establish a library of documented best
37 practices, consistent with state and federal regulations, for use by the local districts; and
38 (f) implement training programs for school administrators, including basic
39 management training, best practices in instructional methods, budget training, staff
40 management, managing for learning results and continuous improvement, and how to help
41 every child achieve optimal learning in core academics.
42 (2) Local school boards shall spend minimum school program funds for programs and
43 activities for which the State Board of Education has established minimum standards or rules
44 under Section 53A-1-402 .
45 (3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
46 and equipment and construct, erect, and furnish school buildings.
47 (b) School sites or buildings may only be conveyed or sold on board resolution
48 affirmed by at least two-thirds of the members.
49 (4) (a) A board may participate in the joint construction or operation of a school
50 attended by children residing within the district and children residing in other districts either
51 within or outside the state.
52 (b) Any agreement for the joint operation or construction of a school shall:
53 (i) be signed by the president of the board of each participating district;
54 (ii) include a mutually agreed upon pro rata cost; and
55 (iii) be filed with the State Board of Education.
56 (5) A board may establish, locate, and maintain elementary, secondary, and applied
57 technology schools.
58 (6) A board may enroll children in school who are at least five years of age before

59 H. [ [ ] September 2 [ ] ] [ July 1 ] or an earlier date .H of the year in which admission is sought.
60 (7) A board may establish and support school libraries.
61 (8) A board may collect damages for the loss, injury, or destruction of school property.
62 (9) A board may authorize guidance and counseling services for children and their
63 parents or guardians prior to, during, or following enrollment of the children in schools.
64 (10) (a) A board shall administer and implement federal educational programs in
65 accordance with Title 53A, Chapter 1, Part 9, Implementing Federal Programs Act.
66 (b) Federal funds are not considered funds within the school district budget under Title
67 53A, Chapter 19, School District Budgets.
68 (11) (a) A board may organize school safety patrols and adopt rules under which the
69 patrols promote student safety.
70 (b) A student appointed to a safety patrol shall be at least ten years old and have written
71 parental consent for the appointment.
72 (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
73 of a highway intended for vehicular traffic use.
74 (d) Liability may not attach to a school district, its employees, officers, or agents or to a
75 safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
76 the program by virtue of the organization, maintenance, or operation of a school safety patrol.
77 (12) (a) A board may on its own behalf, or on behalf of an educational institution for
78 which the board is the direct governing body, accept private grants, loans, gifts, endowments,
79 devises, or bequests that are made for educational purposes.
80 (b) These contributions are not subject to appropriation by the Legislature.
81 (13) (a) A board may appoint and fix the compensation of a compliance officer to issue
82 citations for violations of Subsection 76-10-105 (2).
83 (b) A person may not be appointed to serve as a compliance officer without the
84 person's consent.
85 (c) A teacher or student may not be appointed as a compliance officer.
86 (14) A board shall adopt bylaws and rules for its own procedures.
87 (15) (a) A board shall make and enforce rules necessary for the control and
88 management of the district schools.
89 (b) All board rules and policies shall be in writing, filed, and referenced for public

90 access.
91 (16) A board may hold school on legal holidays other than Sundays.
92 (17) (a) Each board shall establish for each school year a school traffic safety
93 committee to implement this Subsection (17).
94 (b) The committee shall be composed of one representative of:
95 (i) the schools within the district;
96 (ii) the Parent Teachers' Association of the schools within the district;
97 (iii) the municipality or county;
98 (iv) state or local law enforcement; and
99 (v) state or local traffic safety engineering.
100 (c) The committee shall:
101 (i) receive suggestions from parents, teachers, and others and recommend school traffic
102 safety improvements, boundary changes to enhance safety, and school traffic safety program
103 measures;
104 (ii) review and submit annually to the Department of Transportation and affected
105 municipalities and counties a child access routing plan for each elementary, middle, and junior
106 high school within the district;
107 (iii) consult the Utah Safety Council and the Division of Family Health Services and
108 provide training to all school children in kindergarten through grade six, within the district, on
109 school crossing safety and use; and
110 (iv) help ensure the district's compliance with rules made by the Department of
111 Transportation under Section 41-6a-303 .
112 (d) The committee may establish subcommittees as needed to assist in accomplishing
113 its duties under Subsection (17)(c).
114 (e) The board shall require the school community council of each elementary, middle,
115 and junior high school within the district to develop and submit annually to the committee a
116 child access routing plan.
117 (18) (a) Each school board shall adopt and implement a comprehensive emergency
118 response plan to prevent and combat violence in its public schools, on school grounds, on its
119 school vehicles, and in connection with school-related activities or events.
120 (b) The board shall implement its plan by July 1, 2000.

121 (c) The plan shall:
122 (i) include prevention, intervention, and response components;
123 (ii) be consistent with the student conduct and discipline policies required for school
124 districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
125 (iii) require inservice training for all district and school building staff on what their
126 roles are in the emergency response plan; and
127 (iv) provide for coordination with local law enforcement and other public safety
128 representatives in preventing, intervening, and responding to violence in the areas and activities
129 referred to in Subsection (18)(a).
130 (d) The State Board of Education, through the state superintendent of public
131 instruction, shall develop comprehensive emergency response plan models that local school
132 boards may use, where appropriate, to comply with Subsection (18)(a).
133 (e) Each local school board shall, by July 1 of each year, certify to the State Board of
134 Education that its plan has been practiced at the school level and presented to and reviewed by
135 its teachers, administrators, students, and their parents and local law enforcement and public
136 safety representatives.
137 (19) (a) Each local school board may adopt an emergency response plan for the
138 treatment of sports-related injuries that occur during school sports practices and events.
139 (b) The plan may be implemented by each secondary school in the district that has a
140 sports program for students.
141 (c) The plan may:
142 (i) include emergency personnel, emergency communication, and emergency
143 equipment components;
144 (ii) require inservice training on the emergency response plan for school personnel who
145 are involved in sports programs in the district's secondary schools; and
146 (iii) provide for coordination with individuals and agency representatives who:
147 (A) are not employees of the school district; and
148 (B) would be involved in providing emergency services to students injured while
149 participating in sports events.
150 (d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
151 review the plan each year and make revisions when required to improve or enhance the plan.

152 (e) The State Board of Education, through the state superintendent of public
153 instruction, shall provide local school boards with an emergency plan response model that local
154 boards may use to comply with the requirements of this Subsection (19).
155 (20) A board shall do all other things necessary for the maintenance, prosperity, and
156 success of the schools and the promotion of education.
157 (21) (a) Before closing a school or changing the boundaries of a school, a board shall:
158 (i) hold a public hearing, as defined in Section 10-9a-103 ; and
159 (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
160 (b) The notice of a public hearing required under Subsection (21)(a) shall:
161 (i) indicate the:
162 (A) school or schools under consideration for closure or boundary change; and
163 (B) date, time, and location of the public hearing; and
164 (ii) at least ten days prior to the public hearing, be:
165 (A) published in a newspaper of general circulation in the area; and
166 (B) posted in at least three public locations within the municipality or on the district's
167 official website.
168 Section 2. Effective date.
169 This bill takes effect on July 1, 2010.




Legislative Review Note
as of 1-9-09 9:37 AM

Office of Legislative Research and General Counsel