1     
AGENCY REPORTING REQUIREMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Bradley G. Last

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill amends agency reporting requirements relating to education.
10     Highlighted Provisions:
11          This bill:
12          ▸     repeals certain agency requirements for reporting to the Education Interim
13     Committee;
14          ▸     amends the way in which agencies are required to make certain reports to the
15     Education Interim Committee; and
16          ▸     amends the entities to which agencies are required to make certain reports.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          53A-1-403.5, as last amended by Laws of Utah 2012, Chapter 23
24          53A-17a-124.5, as last amended by Laws of Utah 2013, Chapter 299
25          53A-17a-150, as last amended by Laws of Utah 2013, Chapter 466
26          53A-17a-162, as last amended by Laws of Utah 2015, Chapter 12
27          53A-17a-171, as enacted by Laws of Utah 2014, Chapter 375
28          53A-25b-201, as last amended by Laws of Utah 2013, Chapter 278
29          53B-1-202, as enacted by Laws of Utah 2010, Chapter 243

30          53B-8-108, as last amended by Laws of Utah 2010, Chapter 270
31          53B-16-107, as last amended by Laws of Utah 2014, Chapter 215
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 53A-1-403.5 is amended to read:
35          53A-1-403.5. Education of persons in custody of the Utah Department of
36     Corrections -- Contracting for services -- Recidivism reduction plan -- Collaboration
37     among state agencies.
38          (1) The State Board of Education and the Utah Department of Corrections, subject to
39     legislative appropriation, are responsible for the education of persons in the custody of the Utah
40     Department of Corrections.
41          (2) (a) To fulfill the responsibility under Subsection (1), the State Board of Education
42     and the Utah Department of Corrections shall, where feasible, contract with appropriate private
43     or public agencies to provide educational and related administrative services. Contracts for
44     postsecondary education and training shall be under Subsection (2)(b).
45          (b) (i) The contract under Subsection (2)(a) to provide postsecondary education and
46     training shall be with a community college if the correctional facility is located within the
47     service region of a community college, except under Subsection (2)(b)(ii).
48          (ii) If the community college under Subsection (2)(b)(i) declines to provide the
49     education and training or cannot meet reasonable contractual terms for providing the education
50     and training as specified by the Utah Department of Corrections, postsecondary education and
51     training under Subsection (2)(a) may be procured through other appropriate private or public
52     agencies.
53          (3) (a) As its corrections education program, the State Board of Education and the Utah
54     Department of Corrections shall develop and implement a recidivism reduction plan, including
55     the following components:
56          (i) inmate assessment;
57          (ii) cognitive problem-solving skills;

58          (iii) basic literacy skills;
59          (iv) career skills;
60          (v) job placement;
61          (vi) postrelease tracking and support;
62          (vii) research and evaluation;
63          (viii) family involvement and support; and
64          (ix) multiagency collaboration.
65          (b) The plan shall be developed and implemented through the State Office of
66     Education and the Utah Department of Corrections in collaboration with the following entities:
67          (i) the State Board of Regents;
68          (ii) the Utah College of Applied Technology Board of Trustees;
69          (iii) local boards of education;
70          (iv) the Department of Workforce Services;
71          (v) the Department of Human Services;
72          (vi) the Board of Pardons and Parole;
73          (vii) the State Office of Rehabilitation; and
74          (viii) the Governor's Office.
75          (4) By July 1, 2014, and every three years thereafter, the Utah Department of
76     Corrections shall make a report to the [Education Interim Committee] State Board of Education
77     and the [Judiciary,] Law Enforcement[,] and Criminal Justice Interim Committee evaluating
78     the impact of corrections education programs on recidivism.
79          Section 2. Section 53A-17a-124.5 is amended to read:
80          53A-17a-124.5. Appropriation for class size reduction.
81          (1) Money appropriated to the State Board of Education for class size reduction shall
82     be used to reduce the average class size in kindergarten through the eighth grade in the state's
83     public schools.
84          (2) Each district or charter school shall receive its allocation based upon prior year
85     average daily membership in kindergarten through grade 8 plus growth as determined under

86     Subsection 53A-17a-106(3) as compared to the total prior year average daily membership in
87     kindergarten through grade 8 plus growth of school districts and charter schools that qualify for
88     an allocation pursuant to Subsection (8).
89          (3) (a) A district may use its allocation to reduce class size in any one or all of the
90     grades referred to under this section, except as otherwise provided in Subsection (3)(b).
91          (b) (i) Each district or charter school shall use 50% of its allocation to reduce class size
92     in any one or all of grades kindergarten through grade 2, with an emphasis on improving
93     student reading skills.
94          (ii) If a district's or charter school's average class size is below 18 in grades
95     kindergarten through grade 2, it may petition the state board for, and the state board may grant,
96     a waiver to use its allocation under Subsection (3)(b)(i) for class size reduction in the other
97     grades.
98          (4) Schools may use nontraditional innovative and creative methods to reduce class
99     sizes with this appropriation and may use part of their allocation to focus on class size
100     reduction for specific groups, such as at risk students, or for specific blocks of time during the
101     school day.
102          (5) (a) A school district or charter school may use up to 20% of its allocation under
103     Subsection (1) for capital facilities projects if such projects would help to reduce class size.
104          (b) If a school district's or charter school's student population increases by 5% or 700
105     students from the previous school year, the school district or charter school may use up to 50%
106     of any allocation it receives under this section for classroom construction.
107          (6) This appropriation is to supplement any other appropriation made for class size
108     reduction.
109          (7) The Legislature shall provide for an annual adjustment in the appropriation
110     authorized under this section in proportion to the increase in the number of students in the state
111     in kindergarten through grade eight.
112          (8) (a) To qualify for class size reduction money, a school district or charter school
113     shall submit:

114          (i) a plan for the use of the school district's or charter school's allocation of class size
115     reduction money to the State Board of Education; and
116          (ii) beginning with the 2014-15 school year, a report on the school district's or charter
117     school's use of class size reduction money in the prior school year.
118          (b) The plan and report required pursuant to Subsection (8)(a) shall include the
119     following information:
120          (i) (A) the number of teachers employed using class size reduction money;
121          (B) the amount of class size reduction money expended for teachers; and
122          (C) if supplemental school district or charter school funds are expended to pay for
123     teachers employed using class size reduction money, the amount of the supplemental money;
124          (ii) (A) the number of paraprofessionals employed using class size reduction money;
125          (B) the amount of class size reduction money expended for paraprofessionals; and
126          (C) if supplemental school district or charter school funds are expended to pay for
127     paraprofessionals employed using class size reduction money, the amount of the supplemental
128     money; and
129          (iii) the amount of class size reduction money expended for capital facilities.
130          (c) In addition to submitting a plan and report on the use of class size reduction money,
131     a school district or charter school shall annually submit a report to the State Board of Education
132     that includes the following information:
133          (i) the number of teachers employed using K-3 Reading Improvement Program money
134     received pursuant to Sections 53A-17a-150 and 53A-17a-151;
135          (ii) the amount of K-3 Reading Improvement Program money expended for teachers;
136          (iii) the number of teachers employed in kindergarten through grade 8 using Title I
137     money;
138          (iv) the amount of Title I money expended for teachers in kindergarten through grade
139     8; and
140          (v) a comparison of actual average class size by grade in grades kindergarten through 8
141     in the school district or charter school with what the average class size would be without the

142     expenditure of class size reduction, K-3 Reading Improvement Program, and Title I money.
143          (d) The information required to be reported in Subsections (8)(b)(i)(A) through (C),
144     (8)(b)(ii)(A) through (C), and (8)(c) shall be categorized by a teacher's or paraprofessional's
145     teaching assignment, such as the grade level, course, or subject taught.
146          (e) The State Board of Education may make rules specifying procedures and standards
147     for the submission of:
148          (i) a plan and a report on the use of class size reduction money as required by this
149     section; and
150          (ii) a report required under Subsection (8)(c).
151          (f) Based on the data contained in the class size reduction plans and reports submitted
152     by school districts and charter schools, and data on average class size, the State Board of
153     Education shall annually report to the [Education Interim Committee] Public Education
154     Appropriations Subcommittee on the impact of class size reduction, K-3 Reading Improvement
155     Program, and Title I money on class size.
156          Section 3. Section 53A-17a-150 is amended to read:
157          53A-17a-150. K-3 Reading Improvement Program.
158          (1) As used in this section:
159          (a) "Board" means the State Board of Education.
160          (b) "Five domains of reading" include phonological awareness, phonics, fluency,
161     comprehension, and vocabulary.
162          (c) "Program" means the K-3 Reading Improvement Program.
163          (d) "Program money" means:
164          (i) school district revenue allocated to the program from other money available to the
165     school district, except money provided by the state, for the purpose of receiving state funds
166     under this section; and
167          (ii) money appropriated by the Legislature to the program.
168          (2) The K-3 Reading Improvement Program consists of program money and is created
169     to supplement other school resources to achieve the state's goal of having third graders reading

170     at or above grade level.
171          (3) Subject to future budget constraints, the Legislature may annually appropriate
172     money to the K-3 Reading Improvement Program.
173          (4) (a) To receive program money, a school district or charter school must submit a plan
174     to the board for reading proficiency improvement that incorporates the following components:
175          (i) assessment;
176          (ii) intervention strategies;
177          (iii) professional development for classroom teachers in kindergarten through grade
178     three;
179          (iv) reading performance standards; and
180          (v) specific measurable goals that include the following:
181          (A) a growth goal for each school within a school district and each charter school
182     based upon student learning gains as measured by benchmark assessments administered
183     pursuant to Section 53A-1-606.6; and
184          (B) a growth goal for each school district and charter school to increase the percentage
185     of third grade students who read on grade level from year to year as measured by the third
186     grade reading test administered pursuant to Section 53A-1-603.
187          (b) The board shall provide model plans which a school district or charter school may
188     use, or the school district or charter school may develop its own plan.
189          (c) Plans developed by a school district or charter school shall be approved by the
190     board.
191          (d) The board shall develop uniform standards for acceptable growth goals that a
192     school district or charter school adopts as described in this Subsection (4).
193          (5) (a) There is created within the K-3 Reading Achievement Program three funding
194     programs:
195          (i) the Base Level Program;
196          (ii) the Guarantee Program; and
197          (iii) the Low Income Students Program.

198          (b) The board may use no more than $7,500,000 from an appropriation described in
199     Subsection (3) for computer-assisted instructional learning and assessment programs.
200          (6) Money appropriated to the board for the K-3 Reading Improvement Program and
201     not used by the board for computer-assisted instructional learning and assessments as described
202     in Subsection (5)(b), shall be allocated to the three funding programs as follows:
203          (a) 8% to the Base Level Program;
204          (b) 46% to the Guarantee Program; and
205          (c) 46% to the Low Income Students Program.
206          (7) (a) To participate in the Base Level Program, a school district or charter school
207     shall submit a reading proficiency improvement plan to the board as provided in Subsection (4)
208     and must receive approval of the plan from the board.
209          (b) (i) Each school district qualifying for Base Level Program funds and the qualifying
210     elementary charter schools combined shall receive a base amount.
211          (ii) The base amount for the qualifying elementary charter schools combined shall be
212     allocated among each school in an amount proportionate to:
213          (A) each existing charter school's prior year fall enrollment in grades kindergarten
214     through grade three; and
215          (B) each new charter school's estimated fall enrollment in grades kindergarten through
216     grade three.
217          (8) (a) A school district that applies for program money in excess of the Base Level
218     Program funds shall choose to first participate in either the Guarantee Program or the Low
219     Income Students Program.
220          (b) A school district must fully participate in either the Guarantee Program or the Low
221     Income Students Program before it may elect to either fully or partially participate in the other
222     program.
223          (c) To fully participate in the Guarantee Program, a school district shall allocate to the
224     program money available to the school district, except money provided by the state, equal to
225     the amount of revenue that would be generated by a tax rate of .000056.

226          (d) To fully participate in the Low Income Students Program, a school district shall
227     allocate to the program money available to the school district, except money provided by the
228     state, equal to the amount of revenue that would be generated by a tax rate of .000065.
229          (e) (i) The board shall verify that a school district allocates the money required in
230     accordance with Subsections (8)(c) and (d) before it distributes funds in accordance with this
231     section.
232          (ii) The State Tax Commission shall provide the board the information the board needs
233     in order to comply with Subsection (8)(e)(i).
234          (9) (a) Except as provided in Subsection (9)(c), a school district that fully participates in
235     the Guarantee Program shall receive state funds in an amount that is:
236          (i) equal to the difference between $21 times the district's total WPUs and the revenue
237     the school district is required to allocate under Subsection (8)(c) to fully participate in the
238     Guarantee Program; and
239          (ii) not less than $0.
240          (b) Except as provided in Subsection (9)(c), an elementary charter school shall receive
241     under the Guarantee Program an amount equal to $21 times the school's total WPUs.
242          (c) The board may adjust the $21 guarantee amount described in Subsections (9)(a) and
243     (b) to account for actual appropriations and money used by the board for computer-assisted
244     instructional learning and assessments.
245          (10) The board shall distribute Low Income Students Program funds in an amount
246     proportionate to the number of students in each school district or charter school who qualify for
247     free or reduced price school lunch multiplied by two.
248          (11) A school district that partially participates in the Guarantee Program or Low
249     Income Students Program shall receive program funds based on the amount of school district
250     revenue allocated to the program as a percentage of the amount of revenue that could have been
251     allocated if the school district had fully participated in the program.
252          (12) (a) A school district or charter school shall use program money for reading
253     proficiency improvement interventions in grades kindergarten through grade 3 that have proven

254     to significantly increase the percentage of students reading at grade level, including:
255          (i) reading assessments; and
256          (ii) focused reading remediations that may include:
257          (A) the use of reading specialists;
258          (B) tutoring;
259          (C) before or after school programs;
260          (D) summer school programs; or
261          (E) the use of reading software; or
262          (F) the use of interactive computer software programs for literacy instruction and
263     assessments for students.
264          (b) A school district or charter school may use program money for portable technology
265     devices used to administer reading assessments.
266          (c) Program money may not be used to supplant funds for existing programs, but may
267     be used to augment existing programs.
268          (13) (a) Each school district and charter school shall annually submit a report to the
269     board accounting for the expenditure of program money in accordance with its plan for reading
270     proficiency improvement.
271          [(b) On or before the November meeting of the Education Interim Committee of each
272     year, the board shall report a summary of the reading improvement program expenditures of
273     each school district and charter school.]
274          [(c)] (b) If a school district or charter school uses program money in a manner that is
275     inconsistent with Subsection (12), the school district or charter school is liable for reimbursing
276     the board for the amount of program money improperly used, up to the amount of program
277     money received from the board.
278          (14) (a) The board shall make rules to implement the program.
279          (b) (i) The rules under Subsection (14)(a) shall require each school district or charter
280     school to annually report progress in meeting school and school district goals stated in the
281     school district's or charter school's plan for student reading proficiency.

282          (ii) If a school does not meet or exceed the school's goals, the school district or charter
283     school shall prepare a new plan which corrects deficiencies. The new plan must be approved
284     by the board before the school district or charter school receives an allocation for the next year.
285          (15) (a) If for two consecutive school years, a school district fails to meet its goal to
286     increase the percentage of third grade students who read on grade level as measured by the
287     third grade reading test administered pursuant to Section 53A-1-603, the school district shall
288     terminate any levy imposed under Section 53A-17a-151 and may not receive money
289     appropriated by the Legislature for the K-3 Reading Improvement Program.
290          (b) If for two consecutive school years, a charter school fails to meet its goal to
291     increase the percentage of third grade students who read on grade level as measured by the
292     third grade reading test administered pursuant to Section 53A-1-603, the charter school may
293     not receive money appropriated by the Legislature for the K-3 Reading Improvement Program.
294          (16) The board shall make an annual report to the Public Education Appropriations
295     Subcommittee that:
296          (a) includes information on:
297          (i) student learning gains in reading for the past school year and the five-year trend;
298          (ii) the percentage of third grade students reading on grade level in the past school year
299     and the five-year trend;
300          (iii) the progress of schools and school districts in meeting goals stated in a school
301     district's or charter school's plan for student reading proficiency; and
302          (iv) the correlation between third grade students reading on grade level and results of
303     third grade language arts scores on a criterion-referenced test or computer adaptive test; and
304          (b) may include recommendations on how to increase the percentage of third grade
305     students who read on grade level.
306          Section 4. Section 53A-17a-162 is amended to read:
307          53A-17a-162. Beverley Taylor Sorenson Elementary Arts Learning Program.
308          (1) As used in this section:
309          (a) "Endowed chair" means a person who holds an endowed position or administrator

310     of an endowed program for the purpose of arts and integrated arts instruction at an endowed
311     university.
312          (b) "Endowed university" means an institution of higher education in the state that:
313          (i) awards elementary education degrees in arts instruction;
314          (ii) has received a major philanthropic donation for the purpose of arts and integrated
315     arts instruction; and
316          (iii) has created an endowed position as a result of a donation described in Subsection
317     (1)(b)(ii).
318          (c) "Integrated arts advocate" means a person who:
319          (i) advocates for arts and integrated arts instruction in the state; and
320          (ii) coordinates with an endowed chair pursuant to the agreement creating the endowed
321     chair.
322          (d) "Local education agency" or "LEA" means:
323          (i) a school district;
324          (ii) a charter school; or
325          (iii) the Utah Schools for the Deaf and the Blind.
326          (2) The Legislature finds that a strategic placement of arts in elementary education can
327     impact the critical thinking of students in other core subject areas, including mathematics,
328     reading, and science.
329          (3) The Beverley Taylor Sorenson Elementary Arts Learning Program is created to
330     enhance the social, emotional, academic, and arts learning of students in kindergarten through
331     grade six by integrating arts teaching and learning into core subject areas and providing
332     professional development for positions that support elementary arts and integrated arts
333     education.
334          (4) From money appropriated for the Beverley Taylor Sorenson Elementary Arts
335     Learning Program, and subject to Subsection (5), the State Board of Education shall, after
336     consulting with endowed chairs and the integrated arts advocate and receiving their
337     recommendations, administer a grant program to enable LEAs to:

338          (a) hire highly qualified arts specialists, art coordinators, and other positions that
339     support arts education and arts integration;
340          (b) provide up to $10,000 in one-time funds for each new school arts specialist
341     described under Subsection (4)(a) to purchase supplies and equipment; and
342          (c) engage in other activities that improve the quantity and quality of integrated arts
343     education.
344          (5) (a) An LEA that receives a grant under Subsection (4) shall provide matching funds
345     of no less than 20% of the grant amount, including no less than 20% of the grant amount for
346     actual salary and benefit costs per full-time equivalent position funded under Subsection (4)(a).
347          (b) An LEA may not:
348          (i) include administrative, facility, or capital costs to provide the matching funds
349     required under Subsection (5)(a); or
350          (ii) use funds from the Beverley Taylor Sorenson Elementary Arts Learning Program to
351     supplant funds for existing programs.
352          (6) An LEA that receives a grant under this section shall partner with an endowed chair
353     to provide professional development in integrated elementary arts education.
354          (7) From money appropriated for the Beverley Taylor Sorenson Elementary Arts
355     Learning Program, the State Board of Education shall administer a grant program to fund
356     activities within arts and the integrated arts programs at an endowed university in the college
357     where the endowed chair resides to:
358          (a) provide high quality professional development in elementary integrated arts
359     education in accordance with the professional learning standards in Section 53A-3-701 to
360     LEAs that receive a grant under Subsection (4);
361          (b) design and conduct research on:
362          (i) elementary integrated arts education and instruction;
363          (ii) implementation and evaluation of the Beverley Taylor Sorenson Elementary Arts
364     Learning Program; and
365          (iii) effectiveness of the professional development under Subsection (7)(a); and

366          (c) provide the public with integrated elementary arts education resources.
367          (8) The State Board of Education shall[: (a)] make rules in accordance with Title 63G,
368     Chapter 3, Utah Administrative Rulemaking Act, to administer the Beverley Taylor Sorenson
369     Elementary Arts Learning Program[; and].
370          [(b) after consultation with endowed chairs and the integrated arts advocate, submit an
371     annual written report to the Education Interim Committee describing the program's impact on
372     students in kindergarten through grade six.]
373          Section 5. Section 53A-17a-171 is amended to read:
374          53A-17a-171. Intergenerational Poverty Interventions Grant Program --
375     Definitions -- Grant requirements -- Reporting requirements.
376          (1) As used in this section:
377          (a) "Board" means the State Board of Education.
378          (b) "Eligible student" means a student who is classified as a child affected by
379     intergenerational poverty.
380          (c) "Intergenerational poverty" has the same meaning as in Section 35A-9-102.
381          (d) "Local Education Agency" or "LEA" means a school district or charter school.
382          (e) "Program" means the Intergenerational Poverty Interventions Grant Program
383     created in Subsection (2).
384          (2) The Intergenerational Poverty Interventions Grant Program is created to provide
385     grants to eligible LEAs to fund additional educational opportunities for eligible students,
386     outside of the regular school day offerings.
387          (3) Subject to future budget constraints, the board shall distribute to LEAs money
388     appropriated for the program in accordance with this section.
389          (4) The board shall:
390          (a) solicit proposals from LEAs to receive money under the program; and
391          (b) award grants to LEAs based on criteria described in Subsection (5).
392          (5) In awarding a grant under Subsection (4), the board shall consider:
393          (a) the percentage of an LEA's students that are classified as children affected by

394     intergenerational poverty;
395          (b) the level of administrative support and leadership at an eligible LEA to effectively
396     implement, monitor, and evaluate the program; and
397          (c) an LEA's commitment and ability to work with the Department of Workforce
398     Services, the Department of Health, the Department of Human Services, and the juvenile courts
399     to provide services to the LEA's eligible students.
400          (6) To receive a grant under the program, an LEA shall submit a proposal to the board
401     detailing:
402          (a) the LEA's strategy to implement the program, including the LEA's strategy to
403     improve the academic achievement of children affected by intergenerational poverty;
404          (b) the LEA's strategy for coordinating with and engaging the Department of
405     Workforce Services to provide services for the LEA's eligible students;
406          (c) the number of students the LEA plans to serve, categorized by age and
407     intergenerational poverty status;
408          (d) the number of students, eligible students, and schools the LEA plans to fund with
409     the grant money; and
410          (e) the estimated cost per student.
411          (7) (a) The board shall annually report to [the Legislature's Education Interim
412     Committee and] the Utah Intergenerational Welfare Reform Commission, created in Section
413     35A-9-301, by November 30 of each year, on:
414          (i) the progress of LEA programs using grant money;
415          (ii) the progress of LEA programs in improving the academic achievement of children
416     affected by intergenerational poverty; and
417          (iii) the LEA's coordination efforts with the Department of Workforce Services, the
418     Department of Health, the Department of Human Services, and the juvenile courts.
419          (b) The board shall provide the report described in Subsection (7)(a) to the Education
420     Interim Committee upon request.
421          [(b)] (c) LEAs that receive grant money pursuant to this section shall provide to the

422     board information that is necessary for the board's report [to the Legislature's Education Interim
423     Committee and the Utah Intergenerational Welfare Reform Commission as required] described
424     in Subsection (7)(a).
425          Section 6. Section 53A-25b-201 is amended to read:
426          53A-25b-201. Authority of the State Board of Education -- Rulemaking --
427     Superintendent -- Advisory Council.
428          (1) The State Board of Education is the governing board of the Utah Schools for the
429     Deaf and the Blind.
430          (2) (a) The board shall appoint a superintendent for the Utah Schools for the Deaf and
431     the Blind.
432          (b) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
433     Administrative Rulemaking Act, regarding the qualifications, terms of employment, and duties
434     of the superintendent for the Utah Schools for the Deaf and the Blind.
435          (3) The superintendent shall:
436          (a) subject to the approval of the board, appoint an associate superintendent to
437     administer the Utah School for the Deaf based on:
438          (i) demonstrated competency as an expert educator of deaf persons; and
439          (ii) knowledge of school management and the instruction of deaf persons;
440          (b) subject to the approval of the board, appoint an associate superintendent to
441     administer the Utah School for the Blind based on:
442          (i) demonstrated competency as an expert educator of blind persons; and
443          (ii) knowledge of school management and the instruction of blind persons, including an
444     understanding of the unique needs and education of deafblind persons.
445          (4) (a) The board shall:
446          (i) establish an Advisory Council for the Utah Schools for the Deaf and the Blind and
447     appoint no more than 11 members to the advisory council;
448          (ii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
449     Rulemaking Act, regarding the operation of the advisory council; and

450          (iii) receive and consider the advice and recommendations of the advisory council but
451     is not obligated to follow the recommendations of the advisory council.
452          (b) The advisory council described in Subsection (4)(a) shall include at least:
453          (i) two members who are blind;
454          (ii) two members who are deaf; and
455          (iii) two members who are deafblind or parents of a deafblind child.
456          (5) The board shall approve the annual budget and expenditures of the Utah Schools
457     for the Deaf and the Blind.
458          (6) (a) On or before the November interim meeting each year, the board shall report to
459     the Education Interim Committee on the Utah Schools for the Deaf and the Blind.
460          (b) The [report shall be presented verbally and in written form to the Education Interim
461     Committee and shall include] board shall ensure that the report described in Subsection (6)(a)
462     includes:
463          (i) a financial report;
464          (ii) a report on the activities of the superintendent and associate superintendents;
465          (iii) a report on activities to involve parents and constituency and advocacy groups in
466     the governance of the school; and
467          (iv) a report on student achievement, including:
468          (A) [student academic achievement data, including] longitudinal student achievement
469     data for both current and previous students served by the Utah Schools for the Deaf and the
470     Blind;
471          (B) graduation rates; and
472          (C) [students exiting the Utah Schools for the Deaf and the Blind and their] a
473     description of the educational placement [after] of students exiting the Utah Schools for the
474     Deaf and the Blind.
475          Section 7. Section 53B-1-202 is amended to read:
476          53B-1-202. Disclosure of foreign gifts to higher education institutions.
477          (1) (a) Except as provided in Subsection (1)(c), on or before July 31 of each year, a

478     higher education institution shall disclose to the board, by filing a disclosure report described in
479     Subsection (2), a gift received by the higher education institution of $50,000 or more from a
480     foreign person, considered alone or in combination with all other gifts from the foreign person,
481     during the period beginning July 1 and ending on June 30 immediately preceding the July 31
482     deadline.
483          (b) A higher education institution may rely on the following address of a foreign person
484     to determine the citizenship or nationality of the foreign person if the citizenship or nationality
485     is unknown:
486          (i) for a foreign person that is an individual, the principal residence; and
487          (ii) for a foreign person that is not an individual, the principal place of business.
488          (c) The $50,000 amount described in Subsection (1)(a) is increased to $250,000 if the
489     gift, considered alone or in combination with all other gifts, described in Subsection (1)(a) is
490     from a foreign person:
491          (i) with a principal residence or principal place of business located in the United States;
492     and
493          (ii) with a permanent resident status:
494          (A) under Section 245 of the Immigration and Nationality Act; and
495          (B) for 10 years or more.
496          (2) A disclosure report regarding all gifts described in Subsection (1) shall include:
497          (a) the amount of each gift described in Subsection (1);
498          (b) the date on which each gift described in Subsection (1) was received by the higher
499     education institution;
500          (c) the name of the foreign person making each gift described in Subsection (1);
501          (d) the aggregate amount of all gifts described in Subsection (1) from a foreign person
502     during the prior fiscal year of the higher education institution;
503          (e) for a conditional gift, a description of the conditions or restrictions related to the
504     conditional gift;
505          (f) for a conditional gift:

506          (i) for a foreign person that is an individual, if known, the country of citizenship or
507     principal residence of the individual; or
508          (ii) for a foreign person that is not an individual, if known, the country of incorporation
509     or place of business of the foreign person; and
510          (g) for a conditional gift that is a contract entered into between a higher education
511     institution and a foreign person:
512          (i) the amount;
513          (ii) the date;
514          (iii) a description of all conditions or restrictions; and
515          (iv) the name of the foreign person.
516          (3) A disclosure report required by this section is a public record open to inspection
517     and review during the higher education institution's business hours.
518          (4) At the request of the board, the attorney general may file a civil action to compel a
519     higher education institution to comply with the requirements of this section.
520          [(5) On or before the November interim meeting of each year, the board shall report to
521     the Education Interim Committee and provide a summary of all gifts described in Subsection
522     (1) received by higher education institutions during the prior fiscal year.]
523          [(6)] (5) The board shall make rules for the administration of this section in accordance
524     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
525          Section 8. Section 53B-8-108 is amended to read:
526          53B-8-108. Regents' Scholarship Program -- General provisions -- Board policies.
527          (1) The Regents' Scholarship Program is created to award merit scholarships to
528     students who complete a rigorous core course of study in high school.
529          (2) (a) A student who is awarded the Base Regents' scholarship established in Section
530     53B-8-109 may also be awarded each of the supplemental awards established in Sections
531     53B-8-110 and 53B-8-111.
532          (b) A student may not receive both a Regents' scholarship and a New Century
533     scholarship established in Section 53B-8-105.

534          (3) A Regents' scholarship may only be used at a:
535          (a) credit-granting higher education institution within the state system of higher
536     education; or
537          (b) private, nonprofit college or university in the state that is accredited by the
538     Northwest Association of Schools and Colleges.
539          (4) (a) A scholarship holder shall enroll full-time at a higher education institution
540     described in Subsection (3) by no later than the fall term immediately following the student's
541     high school graduation date or receive an approved deferral from the board.
542          (b) The board may grant a deferral or leave of absence to a scholarship holder, but the
543     student may only receive scholarship money within five years of the student's high school
544     graduation date.
545          (5) (a) The board shall annually report on the Regents' Scholarship Program at the
546     beginning of each school year to [the Education Interim Committee and] the Higher Education
547     Appropriations Subcommittee.
548          (b) The [report shall include] board shall ensure that the report includes the number of
549     students in each school district and public high school who meet the academic criteria for the
550     Base Regents' scholarship and for the Exemplary Academic Achievement Scholarship.
551          (c) The State Board of Education, school districts, and public high schools shall
552     cooperate with the board to facilitate the collection and distribution of Regents' Scholarship
553     Program data.
554          (6) The State Board of Education shall annually provide the board a complete list of
555     directory information, including student name and address, for all grade 8 students in the state.
556          (7) The board shall adopt policies establishing:
557          (a) the high school and college course requirements described in Subsection
558     53B-8-109(1)(d)(i);
559          (b) the additional weights assigned to grades earned in certain courses described in
560     Subsections 53B-8-109(4) and 53B-8-111(7);
561          (c) the regional accrediting bodies that may accredit a private high school described in

562     Subsection 53B-8-109(1)(a)(ii);
563          (d) (i) the application process and an appeal process for a Regents' scholarship,
564     including procedures to allow a student to apply for the scholarship on-line; and
565          (ii) a disclosure on all applications and related materials that the amount of the awards
566     is subject to funding and may be reduced, in accordance with Subsection (8)(b); and
567          (e) how college credits correlate to high school units for purposes of Subsection
568     53B-8-109(1)(d)(i).
569          (8) (a) Subject to future budget constraints, the Legislature shall make an annual
570     appropriation from the Education Fund to the board for the costs associated with the Regents'
571     Scholarship Program authorized under this section and Sections 53B-8-109, 53B-8-110, and
572     53B-8-111.
573          (b) Notwithstanding the provisions of this section and Sections 53B-8-109, 53B-8-110,
574     and 53B-8-111, if the appropriation under Subsection (8)(a) is insufficient to cover the costs
575     associated with the Regents' Scholarship Program, the board may reduce the amount of the
576     Base Regents' scholarships and supplemental awards.
577          (9) The board may set deadlines for receiving Regents' scholarship applications and
578     supporting documentation.
579          Section 9. Section 53B-16-107 is amended to read:
580          53B-16-107. Credit for military service and training -- Notification --
581     Transferability -- Reporting.
582          (1) As used in this section, "credit" includes proof of equivalent noncredit course
583     completion awarded by the Utah College of Applied Technology.
584          (2) An institution of higher education listed in Section 53B-2-101 shall provide written
585     notification to each student applying for admission that the student is required to meet with a
586     college counselor in order to receive credit for military service and training as recommended by
587     a postsecondary accreditation agency or association designated by the State Board of Regents
588     or the Utah College of Applied Technology Board of Trustees if:
589          (a) credit for military service and training is requested by the student; and

590          (b) the student has met with an advisor at an institution of higher education listed in
591     Section 53B-2-101 at which the student intends to enroll to discuss applicability of credit to
592     program requirements, possible financial aid implications, and other factors that may impact
593     attainment of the student's educational goals.
594          (3) Upon transfer within the state system of higher education, a student may present a
595     transcript to the receiving institution for evaluation and to determine the applicability of credit
596     to the student's program of study, and the receiving institution shall evaluate the credit to be
597     transferred pursuant to Subsection (2).
598          (4) The State Board of Regents and the Utah College of Applied Technology Board of
599     Trustees shall annually report the number of credits awarded under this section by each
600     institution of higher education to [the Education Interim Committee and] the Utah Department
601     of Veterans' Affairs.