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     Committee Note:
9          The Education Interim Committee recommended this bill.
10     General Description:
11          This bill amends agency reporting requirements relating to education.
12     Highlighted Provisions:
13          This bill:
14          ▸     repeals certain agency requirements for reporting to the Education Interim
15     Committee;
16          ▸     amends the way in which agencies are required to make certain reports to the
17     Education Interim Committee; and
18          ▸     amends the entities to which agencies are required to make certain reports.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          53A-1-403.5, as last amended by Laws of Utah 2012, Chapter 23
26          53A-17a-124.5, as last amended by Laws of Utah 2013, Chapter 299
27          53A-17a-150, as last amended by Laws of Utah 2013, Chapter 466

28          53A-17a-162, as last amended by Laws of Utah 2015, Chapter 12
29          53A-17a-171, as enacted by Laws of Utah 2014, Chapter 375
30          53A-25b-201, as last amended by Laws of Utah 2013, Chapter 278
31          53B-1-202, as enacted by Laws of Utah 2010, Chapter 243
32          53B-8-108, as last amended by Laws of Utah 2010, Chapter 270
33          53B-16-107, as last amended by Laws of Utah 2014, Chapter 215
34     

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

59          (ii) cognitive problem-solving skills;
60          (iii) basic literacy skills;
61          (iv) career skills;
62          (v) job placement;
63          (vi) postrelease tracking and support;
64          (vii) research and evaluation;
65          (viii) family involvement and support; and
66          (ix) multiagency collaboration.
67          (b) The plan shall be developed and implemented through the State Office of
68     Education and the Utah Department of Corrections in collaboration with the following entities:
69          (i) the State Board of Regents;
70          (ii) the Utah College of Applied Technology Board of Trustees;
71          (iii) local boards of education;
72          (iv) the Department of Workforce Services;
73          (v) the Department of Human Services;
74          (vi) the Board of Pardons and Parole;
75          (vii) the State Office of Rehabilitation; and
76          (viii) the Governor's Office.
77          (4) By July 1, 2014, and every three years thereafter, the Utah Department of
78     Corrections shall make a report to the [Education Interim Committee] State Board of Education
79     and the [Judiciary,] Law Enforcement[,] and Criminal Justice Interim Committee evaluating
80     the impact of corrections education programs on recidivism.
81          Section 2. Section 53A-17a-124.5 is amended to read:
82          53A-17a-124.5. Appropriation for class size reduction.
83          (1) Money appropriated to the State Board of Education for class size reduction shall
84     be used to reduce the average class size in kindergarten through the eighth grade in the state's
85     public schools.
86          (2) Each district or charter school shall receive its allocation based upon prior year
87     average daily membership in kindergarten through grade 8 plus growth as determined under
88     Subsection 53A-17a-106(3) as compared to the total prior year average daily membership in
89     kindergarten through grade 8 plus growth of school districts and charter schools that qualify for

90     an allocation pursuant to Subsection (8).
91          (3) (a) A district may use its allocation to reduce class size in any one or all of the
92     grades referred to under this section, except as otherwise provided in Subsection (3)(b).
93          (b) (i) Each district or charter school shall use 50% of its allocation to reduce class size
94     in any one or all of grades kindergarten through grade 2, with an emphasis on improving
95     student reading skills.
96          (ii) If a district's or charter school's average class size is below 18 in grades
97     kindergarten through grade 2, it may petition the state board for, and the state board may grant,
98     a waiver to use its allocation under Subsection (3)(b)(i) for class size reduction in the other
99     grades.
100          (4) Schools may use nontraditional innovative and creative methods to reduce class
101     sizes with this appropriation and may use part of their allocation to focus on class size
102     reduction for specific groups, such as at risk students, or for specific blocks of time during the
103     school day.
104          (5) (a) A school district or charter school may use up to 20% of its allocation under
105     Subsection (1) for capital facilities projects if such projects would help to reduce class size.
106          (b) If a school district's or charter school's student population increases by 5% or 700
107     students from the previous school year, the school district or charter school may use up to 50%
108     of any allocation it receives under this section for classroom construction.
109          (6) This appropriation is to supplement any other appropriation made for class size
110     reduction.
111          (7) The Legislature shall provide for an annual adjustment in the appropriation
112     authorized under this section in proportion to the increase in the number of students in the state
113     in kindergarten through grade eight.
114          (8) (a) To qualify for class size reduction money, a school district or charter school
115     shall submit:
116          (i) a plan for the use of the school district's or charter school's allocation of class size
117     reduction money to the State Board of Education; and
118          (ii) beginning with the 2014-15 school year, a report on the school district's or charter
119     school's use of class size reduction money in the prior school year.
120          (b) The plan and report required pursuant to Subsection (8)(a) shall include the

121     following information:
122          (i) (A) the number of teachers employed using class size reduction money;
123          (B) the amount of class size reduction money expended for teachers; and
124          (C) if supplemental school district or charter school funds are expended to pay for
125     teachers employed using class size reduction money, the amount of the supplemental money;
126          (ii) (A) the number of paraprofessionals employed using class size reduction money;
127          (B) the amount of class size reduction money expended for paraprofessionals; and
128          (C) if supplemental school district or charter school funds are expended to pay for
129     paraprofessionals employed using class size reduction money, the amount of the supplemental
130     money; and
131          (iii) the amount of class size reduction money expended for capital facilities.
132          (c) In addition to submitting a plan and report on the use of class size reduction money,
133     a school district or charter school shall annually submit a report to the State Board of Education
134     that includes the following information:
135          (i) the number of teachers employed using K-3 Reading Improvement Program money
136     received pursuant to Sections 53A-17a-150 and 53A-17a-151;
137          (ii) the amount of K-3 Reading Improvement Program money expended for teachers;
138          (iii) the number of teachers employed in kindergarten through grade 8 using Title I
139     money;
140          (iv) the amount of Title I money expended for teachers in kindergarten through grade
141     8; and
142          (v) a comparison of actual average class size by grade in grades kindergarten through 8
143     in the school district or charter school with what the average class size would be without the
144     expenditure of class size reduction, K-3 Reading Improvement Program, and Title I money.
145          (d) The information required to be reported in Subsections (8)(b)(i)(A) through (C),
146     (8)(b)(ii)(A) through (C), and (8)(c) shall be categorized by a teacher's or paraprofessional's
147     teaching assignment, such as the grade level, course, or subject taught.
148          (e) The State Board of Education may make rules specifying procedures and standards
149     for the submission of:
150          (i) a plan and a report on the use of class size reduction money as required by this
151     section; and

152          (ii) a report required under Subsection (8)(c).
153          (f) Based on the data contained in the class size reduction plans and reports submitted
154     by school districts and charter schools, and data on average class size, the State Board of
155     Education shall annually report to the [Education Interim Committee] Public Education
156     Appropriations Subcommittee on the impact of class size reduction, K-3 Reading Improvement
157     Program, and Title I money on class size.
158          Section 3. Section 53A-17a-150 is amended to read:
159          53A-17a-150. K-3 Reading Improvement Program.
160          (1) As used in this section:
161          (a) "Board" means the State Board of Education.
162          (b) "Five domains of reading" include phonological awareness, phonics, fluency,
163     comprehension, and vocabulary.
164          (c) "Program" means the K-3 Reading Improvement Program.
165          (d) "Program money" means:
166          (i) school district revenue allocated to the program from other money available to the
167     school district, except money provided by the state, for the purpose of receiving state funds
168     under this section; and
169          (ii) money appropriated by the Legislature to the program.
170          (2) The K-3 Reading Improvement Program consists of program money and is created
171     to supplement other school resources to achieve the state's goal of having third graders reading
172     at or above grade level.
173          (3) Subject to future budget constraints, the Legislature may annually appropriate
174     money to the K-3 Reading Improvement Program.
175          (4) (a) To receive program money, a school district or charter school must submit a plan
176     to the board for reading proficiency improvement that incorporates the following components:
177          (i) assessment;
178          (ii) intervention strategies;
179          (iii) professional development for classroom teachers in kindergarten through grade
180     three;
181          (iv) reading performance standards; and
182          (v) specific measurable goals that include the following:

183          (A) a growth goal for each school within a school district and each charter school
184     based upon student learning gains as measured by benchmark assessments administered
185     pursuant to Section 53A-1-606.6; and
186          (B) a growth goal for each school district and charter school to increase the percentage
187     of third grade students who read on grade level from year to year as measured by the third
188     grade reading test administered pursuant to Section 53A-1-603.
189          (b) The board shall provide model plans which a school district or charter school may
190     use, or the school district or charter school may develop its own plan.
191          (c) Plans developed by a school district or charter school shall be approved by the
192     board.
193          (d) The board shall develop uniform standards for acceptable growth goals that a
194     school district or charter school adopts as described in this Subsection (4).
195          (5) (a) There is created within the K-3 Reading Achievement Program three funding
196     programs:
197          (i) the Base Level Program;
198          (ii) the Guarantee Program; and
199          (iii) the Low Income Students Program.
200          (b) The board may use no more than $7,500,000 from an appropriation described in
201     Subsection (3) for computer-assisted instructional learning and assessment programs.
202          (6) Money appropriated to the board for the K-3 Reading Improvement Program and
203     not used by the board for computer-assisted instructional learning and assessments as described
204     in Subsection (5)(b), shall be allocated to the three funding programs as follows:
205          (a) 8% to the Base Level Program;
206          (b) 46% to the Guarantee Program; and
207          (c) 46% to the Low Income Students Program.
208          (7) (a) To participate in the Base Level Program, a school district or charter school
209     shall submit a reading proficiency improvement plan to the board as provided in Subsection (4)
210     and must receive approval of the plan from the board.
211          (b) (i) Each school district qualifying for Base Level Program funds and the qualifying
212     elementary charter schools combined shall receive a base amount.
213          (ii) The base amount for the qualifying elementary charter schools combined shall be

214     allocated among each school in an amount proportionate to:
215          (A) each existing charter school's prior year fall enrollment in grades kindergarten
216     through grade three; and
217          (B) each new charter school's estimated fall enrollment in grades kindergarten through
218     grade three.
219          (8) (a) A school district that applies for program money in excess of the Base Level
220     Program funds shall choose to first participate in either the Guarantee Program or the Low
221     Income Students Program.
222          (b) A school district must fully participate in either the Guarantee Program or the Low
223     Income Students Program before it may elect to either fully or partially participate in the other
224     program.
225          (c) To fully participate in the Guarantee Program, a school district shall allocate to the
226     program money available to the school district, except money provided by the state, equal to
227     the amount of revenue that would be generated by a tax rate of .000056.
228          (d) To fully participate in the Low Income Students Program, a school district shall
229     allocate to the program money available to the school district, except money provided by the
230     state, equal to the amount of revenue that would be generated by a tax rate of .000065.
231          (e) (i) The board shall verify that a school district allocates the money required in
232     accordance with Subsections (8)(c) and (d) before it distributes funds in accordance with this
233     section.
234          (ii) The State Tax Commission shall provide the board the information the board needs
235     in order to comply with Subsection (8)(e)(i).
236          (9) (a) Except as provided in Subsection (9)(c), a school district that fully participates in
237     the Guarantee Program shall receive state funds in an amount that is:
238          (i) equal to the difference between $21 times the district's total WPUs and the revenue
239     the school district is required to allocate under Subsection (8)(c) to fully participate in the
240     Guarantee Program; and
241          (ii) not less than $0.
242          (b) Except as provided in Subsection (9)(c), an elementary charter school shall receive
243     under the Guarantee Program an amount equal to $21 times the school's total WPUs.
244          (c) The board may adjust the $21 guarantee amount described in Subsections (9)(a) and

245     (b) to account for actual appropriations and money used by the board for computer-assisted
246     instructional learning and assessments.
247          (10) The board shall distribute Low Income Students Program funds in an amount
248     proportionate to the number of students in each school district or charter school who qualify for
249     free or reduced price school lunch multiplied by two.
250          (11) A school district that partially participates in the Guarantee Program or Low
251     Income Students Program shall receive program funds based on the amount of school district
252     revenue allocated to the program as a percentage of the amount of revenue that could have been
253     allocated if the school district had fully participated in the program.
254          (12) (a) A school district or charter school shall use program money for reading
255     proficiency improvement interventions in grades kindergarten through grade 3 that have proven
256     to significantly increase the percentage of students reading at grade level, including:
257          (i) reading assessments; and
258          (ii) focused reading remediations that may include:
259          (A) the use of reading specialists;
260          (B) tutoring;
261          (C) before or after school programs;
262          (D) summer school programs; or
263          (E) the use of reading software; or
264          (F) the use of interactive computer software programs for literacy instruction and
265     assessments for students.
266          (b) A school district or charter school may use program money for portable technology
267     devices used to administer reading assessments.
268          (c) Program money may not be used to supplant funds for existing programs, but may
269     be used to augment existing programs.
270          (13) (a) Each school district and charter school shall annually submit a report to the
271     board accounting for the expenditure of program money in accordance with its plan for reading
272     proficiency improvement.
273          [(b) On or before the November meeting of the Education Interim Committee of each
274     year, the board shall report a summary of the reading improvement program expenditures of
275     each school district and charter school.]

276          [(c)] (b) If a school district or charter school uses program money in a manner that is
277     inconsistent with Subsection (12), the school district or charter school is liable for reimbursing
278     the board for the amount of program money improperly used, up to the amount of program
279     money received from the board.
280          (14) (a) The board shall make rules to implement the program.
281          (b) (i) The rules under Subsection (14)(a) shall require each school district or charter
282     school to annually report progress in meeting school and school district goals stated in the
283     school district's or charter school's plan for student reading proficiency.
284          (ii) If a school does not meet or exceed the school's goals, the school district or charter
285     school shall prepare a new plan which corrects deficiencies. The new plan must be approved
286     by the board before the school district or charter school receives an allocation for the next year.
287          (15) (a) If for two consecutive school years, a school district fails to meet its goal to
288     increase the percentage of third grade students who read on grade level as measured by the
289     third grade reading test administered pursuant to Section 53A-1-603, the school district shall
290     terminate any levy imposed under Section 53A-17a-151 and may not receive money
291     appropriated by the Legislature for the K-3 Reading Improvement Program.
292          (b) If for two consecutive school years, a charter school fails to meet its goal to
293     increase the percentage of third grade students who read on grade level as measured by the
294     third grade reading test administered pursuant to Section 53A-1-603, the charter school may
295     not receive money appropriated by the Legislature for the K-3 Reading Improvement Program.
296          (16) The board shall make an annual report to the Public Education Appropriations
297     Subcommittee that:
298          (a) includes information on:
299          (i) student learning gains in reading for the past school year and the five-year trend;
300          (ii) the percentage of third grade students reading on grade level in the past school year
301     and the five-year trend;
302          (iii) the progress of schools and school districts in meeting goals stated in a school
303     district's or charter school's plan for student reading proficiency; and
304          (iv) the correlation between third grade students reading on grade level and results of
305     third grade language arts scores on a criterion-referenced test or computer adaptive test; and
306          (b) may include recommendations on how to increase the percentage of third grade

307     students who read on grade level.
308          Section 4. Section 53A-17a-162 is amended to read:
309          53A-17a-162. Beverley Taylor Sorenson Elementary Arts Learning Program.
310          (1) As used in this section:
311          (a) "Endowed chair" means a person who holds an endowed position or administrator
312     of an endowed program for the purpose of arts and integrated arts instruction at an endowed
313     university.
314          (b) "Endowed university" means an institution of higher education in the state that:
315          (i) awards elementary education degrees in arts instruction;
316          (ii) has received a major philanthropic donation for the purpose of arts and integrated
317     arts instruction; and
318          (iii) has created an endowed position as a result of a donation described in Subsection
319     (1)(b)(ii).
320          (c) "Integrated arts advocate" means a person who:
321          (i) advocates for arts and integrated arts instruction in the state; and
322          (ii) coordinates with an endowed chair pursuant to the agreement creating the endowed
323     chair.
324          (d) "Local education agency" or "LEA" means:
325          (i) a school district;
326          (ii) a charter school; or
327          (iii) the Utah Schools for the Deaf and the Blind.
328          (2) The Legislature finds that a strategic placement of arts in elementary education can
329     impact the critical thinking of students in other core subject areas, including mathematics,
330     reading, and science.
331          (3) The Beverley Taylor Sorenson Elementary Arts Learning Program is created to
332     enhance the social, emotional, academic, and arts learning of students in kindergarten through
333     grade six by integrating arts teaching and learning into core subject areas and providing
334     professional development for positions that support elementary arts and integrated arts
335     education.
336          (4) From money appropriated for the Beverley Taylor Sorenson Elementary Arts
337     Learning Program, and subject to Subsection (5), the State Board of Education shall, after

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

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

400     Services, the Department of Health, the Department of Human Services, and the juvenile courts
401     to provide services to the LEA's eligible students.
402          (6) To receive a grant under the program, an LEA shall submit a proposal to the board
403     detailing:
404          (a) the LEA's strategy to implement the program, including the LEA's strategy to
405     improve the academic achievement of children affected by intergenerational poverty;
406          (b) the LEA's strategy for coordinating with and engaging the Department of
407     Workforce Services to provide services for the LEA's eligible students;
408          (c) the number of students the LEA plans to serve, categorized by age and
409     intergenerational poverty status;
410          (d) the number of students, eligible students, and schools the LEA plans to fund with
411     the grant money; and
412          (e) the estimated cost per student.
413          (7) (a) The board shall annually report to [the Legislature's Education Interim
414     Committee and] the Utah Intergenerational Welfare Reform Commission, created in Section
415     35A-9-301, by November 30 of each year, on:
416          (i) the progress of LEA programs using grant money;
417          (ii) the progress of LEA programs in improving the academic achievement of children
418     affected by intergenerational poverty; and
419          (iii) the LEA's coordination efforts with the Department of Workforce Services, the
420     Department of Health, the Department of Human Services, and the juvenile courts.
421          (b) The board shall provide the report described in Subsection (7)(a) to the Education
422     Interim Committee upon request.
423          [(b)] (c) LEAs that receive grant money pursuant to this section shall provide to the
424     board information that is necessary for the board's report [to the Legislature's Education Interim
425     Committee and the Utah Intergenerational Welfare Reform Commission as required] described
426     in Subsection (7)(a).
427          Section 6. Section 53A-25b-201 is amended to read:
428          53A-25b-201. Authority of the State Board of Education -- Rulemaking --
429     Superintendent -- Advisory Council.
430          (1) The State Board of Education is the governing board of the Utah Schools for the

431     Deaf and the Blind.
432          (2) (a) The board shall appoint a superintendent for the Utah Schools for the Deaf and
433     the Blind.
434          (b) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
435     Administrative Rulemaking Act, regarding the qualifications, terms of employment, and duties
436     of the superintendent for the Utah Schools for the Deaf and the Blind.
437          (3) The superintendent shall:
438          (a) subject to the approval of the board, appoint an associate superintendent to
439     administer the Utah School for the Deaf based on:
440          (i) demonstrated competency as an expert educator of deaf persons; and
441          (ii) knowledge of school management and the instruction of deaf persons;
442          (b) subject to the approval of the board, appoint an associate superintendent to
443     administer the Utah School for the Blind based on:
444          (i) demonstrated competency as an expert educator of blind persons; and
445          (ii) knowledge of school management and the instruction of blind persons, including an
446     understanding of the unique needs and education of deafblind persons.
447          (4) (a) The board shall:
448          (i) establish an Advisory Council for the Utah Schools for the Deaf and the Blind and
449     appoint no more than 11 members to the advisory council;
450          (ii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
451     Rulemaking Act, regarding the operation of the advisory council; and
452          (iii) receive and consider the advice and recommendations of the advisory council but
453     is not obligated to follow the recommendations of the advisory council.
454          (b) The advisory council described in Subsection (4)(a) shall include at least:
455          (i) two members who are blind;
456          (ii) two members who are deaf; and
457          (iii) two members who are deafblind or parents of a deafblind child.
458          (5) The board shall approve the annual budget and expenditures of the Utah Schools
459     for the Deaf and the Blind.
460          (6) (a) On or before the November interim meeting each year, the board shall report to
461     the Education Interim Committee on the Utah Schools for the Deaf and the Blind.

462          (b) The [report shall be presented verbally and in written form to the Education Interim
463     Committee and shall include] board shall ensure that the report described in Subsection (6)(a)
464     includes:
465          (i) a financial report;
466          (ii) a report on the activities of the superintendent and associate superintendents;
467          (iii) a report on activities to involve parents and constituency and advocacy groups in
468     the governance of the school; and
469          (iv) a report on student achievement, including:
470          (A) [student academic achievement data, including] longitudinal student achievement
471     data for both current and previous students served by the Utah Schools for the Deaf and the
472     Blind;
473          (B) graduation rates; and
474          (C) [students exiting the Utah Schools for the Deaf and the Blind and their] a
475     description of the educational placement [after] of students exiting the Utah Schools for the
476     Deaf and the Blind.
477          Section 7. Section 53B-1-202 is amended to read:
478          53B-1-202. Disclosure of foreign gifts to higher education institutions.
479          (1) (a) Except as provided in Subsection (1)(c), on or before July 31 of each year, a
480     higher education institution shall disclose to the board, by filing a disclosure report described in
481     Subsection (2), a gift received by the higher education institution of $50,000 or more from a
482     foreign person, considered alone or in combination with all other gifts from the foreign person,
483     during the period beginning July 1 and ending on June 30 immediately preceding the July 31
484     deadline.
485          (b) A higher education institution may rely on the following address of a foreign person
486     to determine the citizenship or nationality of the foreign person if the citizenship or nationality
487     is unknown:
488          (i) for a foreign person that is an individual, the principal residence; and
489          (ii) for a foreign person that is not an individual, the principal place of business.
490          (c) The $50,000 amount described in Subsection (1)(a) is increased to $250,000 if the
491     gift, considered alone or in combination with all other gifts, described in Subsection (1)(a) is
492     from a foreign person:

493          (i) with a principal residence or principal place of business located in the United States;
494     and
495          (ii) with a permanent resident status:
496          (A) under Section 245 of the Immigration and Nationality Act; and
497          (B) for 10 years or more.
498          (2) A disclosure report regarding all gifts described in Subsection (1) shall include:
499          (a) the amount of each gift described in Subsection (1);
500          (b) the date on which each gift described in Subsection (1) was received by the higher
501     education institution;
502          (c) the name of the foreign person making each gift described in Subsection (1);
503          (d) the aggregate amount of all gifts described in Subsection (1) from a foreign person
504     during the prior fiscal year of the higher education institution;
505          (e) for a conditional gift, a description of the conditions or restrictions related to the
506     conditional gift;
507          (f) for a conditional gift:
508          (i) for a foreign person that is an individual, if known, the country of citizenship or
509     principal residence of the individual; or
510          (ii) for a foreign person that is not an individual, if known, the country of incorporation
511     or place of business of the foreign person; and
512          (g) for a conditional gift that is a contract entered into between a higher education
513     institution and a foreign person:
514          (i) the amount;
515          (ii) the date;
516          (iii) a description of all conditions or restrictions; and
517          (iv) the name of the foreign person.
518          (3) A disclosure report required by this section is a public record open to inspection
519     and review during the higher education institution's business hours.
520          (4) At the request of the board, the attorney general may file a civil action to compel a
521     higher education institution to comply with the requirements of this section.
522          [(5) On or before the November interim meeting of each year, the board shall report to
523     the Education Interim Committee and provide a summary of all gifts described in Subsection

524     (1) received by higher education institutions during the prior fiscal year.]
525          [(6)] (5) The board shall make rules for the administration of this section in accordance
526     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
527          Section 8. Section 53B-8-108 is amended to read:
528          53B-8-108. Regents' Scholarship Program -- General provisions -- Board policies.
529          (1) The Regents' Scholarship Program is created to award merit scholarships to
530     students who complete a rigorous core course of study in high school.
531          (2) (a) A student who is awarded the Base Regents' scholarship established in Section
532     53B-8-109 may also be awarded each of the supplemental awards established in Sections
533     53B-8-110 and 53B-8-111.
534          (b) A student may not receive both a Regents' scholarship and a New Century
535     scholarship established in Section 53B-8-105.
536          (3) A Regents' scholarship may only be used at a:
537          (a) credit-granting higher education institution within the state system of higher
538     education; or
539          (b) private, nonprofit college or university in the state that is accredited by the
540     Northwest Association of Schools and Colleges.
541          (4) (a) A scholarship holder shall enroll full-time at a higher education institution
542     described in Subsection (3) by no later than the fall term immediately following the student's
543     high school graduation date or receive an approved deferral from the board.
544          (b) The board may grant a deferral or leave of absence to a scholarship holder, but the
545     student may only receive scholarship money within five years of the student's high school
546     graduation date.
547          (5) (a) The board shall annually report on the Regents' Scholarship Program at the
548     beginning of each school year to [the Education Interim Committee and] the Higher Education
549     Appropriations Subcommittee.
550          (b) The [report shall include] board shall ensure that the report includes the number of
551     students in each school district and public high school who meet the academic criteria for the
552     Base Regents' scholarship and for the Exemplary Academic Achievement Scholarship.
553          (c) The State Board of Education, school districts, and public high schools shall
554     cooperate with the board to facilitate the collection and distribution of Regents' Scholarship

555     Program data.
556          (6) The State Board of Education shall annually provide the board a complete list of
557     directory information, including student name and address, for all grade 8 students in the state.
558          (7) The board shall adopt policies establishing:
559          (a) the high school and college course requirements described in Subsection
560     53B-8-109(1)(d)(i);
561          (b) the additional weights assigned to grades earned in certain courses described in
562     Subsections 53B-8-109(4) and 53B-8-111(7);
563          (c) the regional accrediting bodies that may accredit a private high school described in
564     Subsection 53B-8-109(1)(a)(ii);
565          (d) (i) the application process and an appeal process for a Regents' scholarship,
566     including procedures to allow a student to apply for the scholarship on-line; and
567          (ii) a disclosure on all applications and related materials that the amount of the awards
568     is subject to funding and may be reduced, in accordance with Subsection (8)(b); and
569          (e) how college credits correlate to high school units for purposes of Subsection
570     53B-8-109(1)(d)(i).
571          (8) (a) Subject to future budget constraints, the Legislature shall make an annual
572     appropriation from the Education Fund to the board for the costs associated with the Regents'
573     Scholarship Program authorized under this section and Sections 53B-8-109, 53B-8-110, and
574     53B-8-111.
575          (b) Notwithstanding the provisions of this section and Sections 53B-8-109, 53B-8-110,
576     and 53B-8-111, if the appropriation under Subsection (8)(a) is insufficient to cover the costs
577     associated with the Regents' Scholarship Program, the board may reduce the amount of the
578     Base Regents' scholarships and supplemental awards.
579          (9) The board may set deadlines for receiving Regents' scholarship applications and
580     supporting documentation.
581          Section 9. Section 53B-16-107 is amended to read:
582          53B-16-107. Credit for military service and training -- Notification --
583     Transferability -- Reporting.
584          (1) As used in this section, "credit" includes proof of equivalent noncredit course
585     completion awarded by the Utah College of Applied Technology.

586          (2) An institution of higher education listed in Section 53B-2-101 shall provide written
587     notification to each student applying for admission that the student is required to meet with a
588     college counselor in order to receive credit for military service and training as recommended by
589     a postsecondary accreditation agency or association designated by the State Board of Regents
590     or the Utah College of Applied Technology Board of Trustees if:
591          (a) credit for military service and training is requested by the student; and
592          (b) the student has met with an advisor at an institution of higher education listed in
593     Section 53B-2-101 at which the student intends to enroll to discuss applicability of credit to
594     program requirements, possible financial aid implications, and other factors that may impact
595     attainment of the student's educational goals.
596          (3) Upon transfer within the state system of higher education, a student may present a
597     transcript to the receiving institution for evaluation and to determine the applicability of credit
598     to the student's program of study, and the receiving institution shall evaluate the credit to be
599     transferred pursuant to Subsection (2).
600          (4) The State Board of Regents and the Utah College of Applied Technology Board of
601     Trustees shall annually report the number of credits awarded under this section by each
602     institution of higher education to [the Education Interim Committee and] the Utah Department
603     of Veterans' Affairs.






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