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7 LONG TITLE
8 General Description:
9 This bill amends provisions in the public education code related to defined terms.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ amends provisions in Title 53G, Public Education System -- Local Administration,
14 to use and conform with defined terms in coordination with 2019FL-0374, Public
15 Education Definitions Amendments;
16 ▸ amends other provisions in the public education code related to defined terms; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill provides revisor instructions.
22 Utah Code Sections Affected:
23 AMENDS:
24 53G-3-202, as last amended by Laws of Utah 2018, Chapter 256 and renumbered and
25 amended by Laws of Utah 2018, Chapter 3
26 53G-3-301, as renumbered and amended by Laws of Utah 2018, Chapter 3
27 53G-3-302, as renumbered and amended by Laws of Utah 2018, Chapter 3
28 53G-3-305, as renumbered and amended by Laws of Utah 2018, Chapter 3
29 53G-3-306, as renumbered and amended by Laws of Utah 2018, Chapter 3
30 53G-3-307, as renumbered and amended by Laws of Utah 2018, Chapter 3
31 53G-3-308, as renumbered and amended by Laws of Utah 2018, Chapter 3
32 53G-3-401, as renumbered and amended by Laws of Utah 2018, Chapter 3
33 53G-3-402, as renumbered and amended by Laws of Utah 2018, Chapter 3
34 53G-3-404, as renumbered and amended by Laws of Utah 2018, Chapter 3
35 53G-3-501, as renumbered and amended by Laws of Utah 2018, Chapter 3
36 53G-3-502, as renumbered and amended by Laws of Utah 2018, Chapter 3
37 53G-3-503, as renumbered and amended by Laws of Utah 2018, Chapter 3
38 53G-4-201, as renumbered and amended by Laws of Utah 2018, Chapter 3
39 53G-4-202, as renumbered and amended by Laws of Utah 2018, Chapter 3
40 53G-4-203, as renumbered and amended by Laws of Utah 2018, Chapter 3
41 53G-4-204, as renumbered and amended by Laws of Utah 2018, Chapter 3
42 53G-4-205, as renumbered and amended by Laws of Utah 2018, Chapter 3
43 53G-4-303, as renumbered and amended by Laws of Utah 2018, Chapter 3
44 53G-4-304, as renumbered and amended by Laws of Utah 2018, Chapter 3
45 53G-4-401, as renumbered and amended by Laws of Utah 2018, Chapter 3
46 53G-4-402, as renumbered and amended by Laws of Utah 2018, Chapter 3
47 53G-4-403, as renumbered and amended by Laws of Utah 2018, Chapter 3
48 53G-4-404, as renumbered and amended by Laws of Utah 2018, Chapter 3
49 53G-4-405, as renumbered and amended by Laws of Utah 2018, Chapter 3
50 53G-4-406, as renumbered and amended by Laws of Utah 2018, Chapter 3
51 53G-4-409, as renumbered and amended by Laws of Utah 2018, Chapter 3
52 53G-4-410, as renumbered and amended by Laws of Utah 2018, Chapter 3
53 53G-4-502, as renumbered and amended by Laws of Utah 2018, Chapter 3
54 53G-4-503, as renumbered and amended by Laws of Utah 2018, Chapter 3
55 53G-4-602, as renumbered and amended by Laws of Utah 2018, Chapter 3
56 53G-4-604, as renumbered and amended by Laws of Utah 2018, Chapter 3
57 53G-4-605, as renumbered and amended by Laws of Utah 2018, Chapter 3
58 53G-4-606, as renumbered and amended by Laws of Utah 2018, Chapter 3
59 53G-4-801, as renumbered and amended by Laws of Utah 2018, Chapter 3
60 53G-4-802, as renumbered and amended by Laws of Utah 2018, Chapter 3
61 53G-4-803, as renumbered and amended by Laws of Utah 2018, Chapter 3
62 53G-4-804, as renumbered and amended by Laws of Utah 2018, Chapter 3
63 53G-4-805, as renumbered and amended by Laws of Utah 2018, Chapter 3
64 53G-4-806, as renumbered and amended by Laws of Utah 2018, Chapter 3
65 53G-4-807, as renumbered and amended by Laws of Utah 2018, Chapter 3
66 53G-4-1003, as renumbered and amended by Laws of Utah 2018, Chapter 3
67 53G-4-1004, as renumbered and amended by Laws of Utah 2018, Chapter 3
68 53G-4-1006, as renumbered and amended by Laws of Utah 2018, Chapter 3
69 53G-5-102, as last amended by Laws of Utah 2018, Chapter 383 and renumbered and
70 amended by Laws of Utah 2018, Chapter 3
71 53G-5-201, as last amended by Laws of Utah 2018, Chapters 293, 383 and renumbered
72 and amended by Laws of Utah 2018, Chapter 3
73 53G-5-203, as renumbered and amended by Laws of Utah 2018, Chapter 3
74 53G-5-205, as enacted by Laws of Utah 2018, Chapter 383
75 53G-5-301, as renumbered and amended by Laws of Utah 2018, Chapter 3
76 53G-5-302, as last amended by Laws of Utah 2018, Chapters 154, 383 and renumbered
77 and amended by Laws of Utah 2018, Chapter 3
78 53G-5-303, as last amended by Laws of Utah 2018, Chapter 211 and renumbered and
79 amended by Laws of Utah 2018, Chapter 3
80 53G-5-304, as last amended by Laws of Utah 2018, Chapter 383 and renumbered and
81 amended by Laws of Utah 2018, Chapter 3
82 53G-5-305, as last amended by Laws of Utah 2018, Chapter 383 and renumbered and
83 amended by Laws of Utah 2018, Chapter 3
84 53G-5-306, as last amended by Laws of Utah 2018, Chapter 383 and renumbered and
85 amended by Laws of Utah 2018, Chapter 3
86 53G-5-403, as renumbered and amended by Laws of Utah 2018, Chapter 3
87 53G-5-404, as last amended by Laws of Utah 2018, Chapter 256 and renumbered and
88 amended by Laws of Utah 2018, Chapter 3
89 53G-5-405, as renumbered and amended by Laws of Utah 2018, Chapter 3
90 53G-5-406, as renumbered and amended by Laws of Utah 2018, Chapter 3
91 53G-5-407, as last amended by Laws of Utah 2018, Chapters 22, 154 and renumbered
92 and amended by Laws of Utah 2018, Chapter 3
93 53G-5-408, as renumbered and amended by Laws of Utah 2018, Chapter 3
94 53G-5-409, as last amended by Laws of Utah 2018, Chapter 383 and renumbered and
95 amended by Laws of Utah 2018, Chapter 3
96 53G-5-410, as last amended by Laws of Utah 2018, Chapter 448
97 53G-5-411, as enacted by Laws of Utah 2018, Chapter 3
98 53G-5-501, as renumbered and amended by Laws of Utah 2018, Chapter 3
99 53G-5-502, as last amended by Laws of Utah 2018, Chapter 383 and renumbered and
100 amended by Laws of Utah 2018, Chapter 3
101 53G-5-503, as last amended by Laws of Utah 2018, Chapter 383 and renumbered and
102 amended by Laws of Utah 2018, Chapter 3
103 53G-5-504, as last amended by Laws of Utah 2018, Chapter 383 and renumbered and
104 amended by Laws of Utah 2018, Chapter 3
105 53G-5-505, as renumbered and amended by Laws of Utah 2018, Chapter 3
106 53G-5-602, as renumbered and amended by Laws of Utah 2018, Chapter 3
107 53G-6-201, as last amended by Laws of Utah 2018, Chapter 69 and renumbered and
108 amended by Laws of Utah 2018, Chapter 3
109 53G-6-202, as last amended by Laws of Utah 2018, Chapter 285 and renumbered and
110 amended by Laws of Utah 2018, Chapter 3
111 53G-6-203, as renumbered and amended by Laws of Utah 2018, Chapter 3
112 53G-6-204, as renumbered and amended by Laws of Utah 2018, Chapter 3
113 53G-6-205, as renumbered and amended by Laws of Utah 2018, Chapter 3
114 53G-6-206, as renumbered and amended by Laws of Utah 2018, Chapter 3
115 53G-6-207, as renumbered and amended by Laws of Utah 2018, Chapter 3
116 53G-6-208, as renumbered and amended by Laws of Utah 2018, Chapter 3
117 53G-6-209, as renumbered and amended by Laws of Utah 2018, Chapter 3
118 53G-6-302, as last amended by Laws of Utah 2018, Chapter 64 and renumbered and
119 amended by Laws of Utah 2018, Chapter 3
120 53G-6-303, as renumbered and amended by Laws of Utah 2018, Chapter 3
121 53G-6-305, as renumbered and amended by Laws of Utah 2018, Chapter 3
122 53G-6-306, as renumbered and amended by Laws of Utah 2018, Chapter 3
123 53G-6-401, as renumbered and amended by Laws of Utah 2018, Chapter 3
124 53G-6-402, as renumbered and amended by Laws of Utah 2018, Chapter 3
125 53G-6-403, as last amended by Laws of Utah 2018, Chapter 429 and renumbered and
126 amended by Laws of Utah 2018, Chapter 3
127 53G-6-404, as renumbered and amended by Laws of Utah 2018, Chapter 3
128 53G-6-405, as renumbered and amended by Laws of Utah 2018, Chapter 3
129 53G-6-406, as renumbered and amended by Laws of Utah 2018, Chapter 3
130 53G-6-407, as renumbered and amended by Laws of Utah 2018, Chapter 3
131 53G-6-501, as enacted by Laws of Utah 2018, Chapter 3
132 53G-6-502, as last amended by Laws of Utah 2018, Chapter 380 and renumbered and
133 amended by Laws of Utah 2018, Chapter 3
134 53G-6-503, as renumbered and amended by Laws of Utah 2018, Chapter 3
135 53G-6-504, as renumbered and amended by Laws of Utah 2018, Chapter 3
136 53G-6-702, as renumbered and amended by Laws of Utah 2018, Chapter 3
137 53G-6-703, as renumbered and amended by Laws of Utah 2018, Chapter 3
138 53G-6-704, as renumbered and amended by Laws of Utah 2018, Chapter 3
139 53G-6-705, as last amended by Laws of Utah 2018, Chapter 456 and renumbered and
140 amended by Laws of Utah 2018, Chapter 3
141 53G-6-706, as renumbered and amended by Laws of Utah 2018, Chapter 3
142 53G-6-707, as renumbered and amended by Laws of Utah 2018, Chapter 3
143 53G-6-708, as renumbered and amended by Laws of Utah 2018, Chapter 3
144 53G-6-801, as renumbered and amended by Laws of Utah 2018, Chapter 3
145 53G-6-802, as renumbered and amended by Laws of Utah 2018, Chapter 3
146 53G-6-803, as renumbered and amended by Laws of Utah 2018, Chapter 3
147 53G-7-202, as enacted by Laws of Utah 2018, Chapter 3
148 53G-7-203, as renumbered and amended by Laws of Utah 2018, Chapter 3
149 53G-7-205, as renumbered and amended by Laws of Utah 2018, Chapter 3
150 53G-7-206, as renumbered and amended by Laws of Utah 2018, Chapter 3
151 53G-7-208, as renumbered and amended by Laws of Utah 2018, Chapter 3
152 53G-7-213, as renumbered and amended by Laws of Utah 2018, Chapter 3
153 53G-7-214, as last amended by Laws of Utah 2018, Chapter 39 and renumbered and
154 amended by Laws of Utah 2018, Chapter 3
155 53G-7-215, as renumbered and amended by Laws of Utah 2018, Chapter 3
156 53G-7-302, as renumbered and amended by Laws of Utah 2018, Chapter 3
157 53G-7-303, as last amended by Laws of Utah 2018, Chapter 101 and renumbered and
158 amended by Laws of Utah 2018, Chapter 3
159 53G-7-304, as renumbered and amended by Laws of Utah 2018, Chapter 3
160 53G-7-305, as renumbered and amended by Laws of Utah 2018, Chapter 3
161 53G-7-306, as renumbered and amended by Laws of Utah 2018, Chapter 3
162 53G-7-307, as renumbered and amended by Laws of Utah 2018, Chapter 3
163 53G-7-309, as renumbered and amended by Laws of Utah 2018, Chapter 3
164 53G-7-402, as renumbered and amended by Laws of Utah 2018, Chapter 3
165 53G-7-503, as renumbered and amended by Laws of Utah 2018, Chapter 3
166 53G-7-504, as renumbered and amended by Laws of Utah 2018, Chapter 3
167 53G-7-505, as renumbered and amended by Laws of Utah 2018, Chapter 3
168 53G-7-602, as renumbered and amended by Laws of Utah 2018, Chapter 3
169 53G-7-603, as renumbered and amended by Laws of Utah 2018, Chapter 3
170 53G-7-604, as renumbered and amended by Laws of Utah 2018, Chapter 3
171 53G-7-605, as renumbered and amended by Laws of Utah 2018, Chapter 3
172 53G-7-606, as renumbered and amended by Laws of Utah 2018, Chapter 3
173 53G-7-701, as renumbered and amended by Laws of Utah 2018, Chapter 3
174 53G-7-702, as renumbered and amended by Laws of Utah 2018, Chapter 3
175 53G-7-703, as renumbered and amended by Laws of Utah 2018, Chapter 3
176 53G-7-704, as renumbered and amended by Laws of Utah 2018, Chapter 3
177 53G-7-705, as renumbered and amended by Laws of Utah 2018, Chapter 3
178 53G-7-707, as renumbered and amended by Laws of Utah 2018, Chapter 3
179 53G-7-708, as renumbered and amended by Laws of Utah 2018, Chapter 3
180 53G-7-709, as renumbered and amended by Laws of Utah 2018, Chapter 3
181 53G-7-711, as renumbered and amended by Laws of Utah 2018, Chapter 3
182 53G-7-712, as renumbered and amended by Laws of Utah 2018, Chapter 3
183 53G-7-803, as renumbered and amended by Laws of Utah 2018, Chapter 3
184 53G-7-901, as renumbered and amended by Laws of Utah 2018, Chapter 3
185 53G-7-902, as renumbered and amended by Laws of Utah 2018, Chapter 3
186 53G-7-1004, as renumbered and amended by Laws of Utah 2018, Chapter 3
187 53G-7-1101, as renumbered and amended by Laws of Utah 2018, Chapter 3
188 53G-7-1103, as renumbered and amended by Laws of Utah 2018, Chapter 3
189 53G-7-1104, as renumbered and amended by Laws of Utah 2018, Chapter 3
190 53G-7-1105, as renumbered and amended by Laws of Utah 2018, Chapter 3
191 53G-7-1106, as renumbered and amended by Laws of Utah 2018, Chapter 3
192 53G-7-1202, as last amended by Laws of Utah 2018, Chapters 107 and 448
193 53G-7-1203, as last amended by Laws of Utah 2018, Chapter 448
194 53G-7-1205, as enacted by Laws of Utah 2018, Chapter 448
195 53G-7-1206, as enacted by Laws of Utah 2018, Chapter 448
196 53G-8-202, as renumbered and amended by Laws of Utah 2018, Chapter 3
197 53G-8-203, as renumbered and amended by Laws of Utah 2018, Chapter 3
198 53G-8-204, as renumbered and amended by Laws of Utah 2018, Chapter 3
199 53G-8-205, as renumbered and amended by Laws of Utah 2018, Chapter 3
200 53G-8-206, as renumbered and amended by Laws of Utah 2018, Chapter 3
201 53G-8-207, as renumbered and amended by Laws of Utah 2018, Chapter 3
202 53G-8-208, as renumbered and amended by Laws of Utah 2018, Chapter 3
203 53G-8-209, as renumbered and amended by Laws of Utah 2018, Chapter 3
204 53G-8-210, as renumbered and amended by Laws of Utah 2018, Chapter 3
205 53G-8-211, as last amended by Laws of Utah 2018, Chapter 117 and renumbered and
206 amended by Laws of Utah 2018, Chapter 3
207 53G-8-212, as renumbered and amended by Laws of Utah 2018, Chapter 3
208 53G-8-302, as renumbered and amended by Laws of Utah 2018, Chapter 3
209 53G-8-404, as renumbered and amended by Laws of Utah 2018, Chapter 3
210 53G-8-503, as renumbered and amended by Laws of Utah 2018, Chapter 3
211 53G-8-509, as renumbered and amended by Laws of Utah 2018, Chapter 3
212 53G-8-604, as renumbered and amended by Laws of Utah 2018, Chapter 3
213 53G-8-701, as renumbered and amended by Laws of Utah 2018, Chapter 3
214 53G-8-702, as renumbered and amended by Laws of Utah 2018, Chapter 3
215 53G-8-703, as renumbered and amended by Laws of Utah 2018, Chapter 3
216 53G-9-203, as renumbered and amended by Laws of Utah 2018, Chapter 3
217 53G-9-205, as renumbered and amended by Laws of Utah 2018, Chapter 3
218 53G-9-206, as renumbered and amended by Laws of Utah 2018, Chapter 3
219 53G-9-207, as last amended by Laws of Utah 2018, Chapter 209 and renumbered and
220 amended by Laws of Utah 2018, Chapter 3
221 53G-9-208, as renumbered and amended by Laws of Utah 2018, Chapter 3
222 53G-9-301, as renumbered and amended by Laws of Utah 2018, Chapter 3
223 53G-9-402, as renumbered and amended by Laws of Utah 2018, Chapter 3
224 53G-9-404, as renumbered and amended by Laws of Utah 2018, Chapter 3
225 53G-9-502, as renumbered and amended by Laws of Utah 2018, Chapter 3
226 53G-9-503, as renumbered and amended by Laws of Utah 2018, Chapter 3
227 53G-9-504, as renumbered and amended by Laws of Utah 2018, Chapter 3
228 53G-9-505, as renumbered and amended by Laws of Utah 2018, Chapter 3
229 53G-9-506, as renumbered and amended by Laws of Utah 2018, Chapter 3
230 53G-9-601, as renumbered and amended by Laws of Utah 2018, Chapter 3
231 53G-9-604, as renumbered and amended by Laws of Utah 2018, Chapter 3
232 53G-9-605, as renumbered and amended by Laws of Utah 2018, Chapter 3
233 53G-9-606, as renumbered and amended by Laws of Utah 2018, Chapter 3
234 53G-9-607, as renumbered and amended by Laws of Utah 2018, Chapter 3
235 53G-9-702, as last amended by Laws of Utah 2018, Chapter 414 and renumbered and
236 amended by Laws of Utah 2018, Chapter 3
237 53G-9-703, as renumbered and amended by Laws of Utah 2018, Chapter 3
238 53G-9-704, as last amended by Laws of Utah 2018, Chapter 22 and renumbered and
239 amended by Laws of Utah 2018, Chapter 3
240 53G-9-801, as renumbered and amended by Laws of Utah 2018, Chapter 3
241 53G-9-802, as renumbered and amended by Laws of Utah 2018, Chapter 3
242 53G-9-803, as renumbered and amended by Laws of Utah 2018, Chapter 3
243 53G-10-202, as renumbered and amended by Laws of Utah 2018, Chapter 3
244 53G-10-204, as renumbered and amended by Laws of Utah 2018, Chapter 3
245 53G-10-205, as renumbered and amended by Laws of Utah 2018, Chapter 3
246 53G-10-302, as renumbered and amended by Laws of Utah 2018, Chapter 3
247 53G-10-303, as renumbered and amended by Laws of Utah 2018, Chapter 3
248 53G-10-304, as renumbered and amended by Laws of Utah 2018, Chapter 3
249 53G-10-305, as enacted by Laws of Utah 2018, Chapter 3
250 53G-10-402, as last amended by Laws of Utah 2018, Chapter 224 and renumbered and
251 amended by Laws of Utah 2018, Chapter 3
252 53G-10-403, as enacted by Laws of Utah 2018, Chapter 3
253 53G-10-405, as renumbered and amended by Laws of Utah 2018, Chapter 3
254 53G-10-406, as last amended by Laws of Utah 2018, Chapter 249 and renumbered and
255 amended by Laws of Utah 2018, Chapter 3
256 53G-10-501, as enacted by Laws of Utah 2018, Chapter 3
257 53G-10-502, as last amended by Laws of Utah 2018, Chapter 233 and renumbered and
258 amended by Laws of Utah 2018, Chapter 3
259 53G-10-503, as renumbered and amended by Laws of Utah 2018, Chapter 3
260 53G-10-505, as renumbered and amended by Laws of Utah 2018, Chapter 3
261 53G-10-506, as renumbered and amended by Laws of Utah 2018, Chapter 3
262 53G-10-507, as renumbered and amended by Laws of Utah 2018, Chapter 3
263 53G-10-508, as renumbered and amended by Laws of Utah 2018, Chapter 3
264 53G-11-203, as renumbered and amended by Laws of Utah 2018, Chapter 3
265 53G-11-205, as renumbered and amended by Laws of Utah 2018, Chapter 3
266 53G-11-207, as renumbered and amended by Laws of Utah 2018, Chapter 3
267 53G-11-303, as renumbered and amended by Laws of Utah 2018, Chapter 3
268 53G-11-401, as renumbered and amended by Laws of Utah 2018, Chapter 3
269 53G-11-403, as renumbered and amended by Laws of Utah 2018, Chapter 3
270 53G-11-404, as renumbered and amended by Laws of Utah 2018, Chapter 3
271 53G-11-405, as renumbered and amended by Laws of Utah 2018, Chapter 3
272 53G-11-406, as renumbered and amended by Laws of Utah 2018, Chapter 3
273 53G-11-407, as renumbered and amended by Laws of Utah 2018, Chapter 3
274 53G-11-408, as renumbered and amended by Laws of Utah 2018, Chapter 3
275 53G-11-501, as last amended by Laws of Utah 2018, Chapter 22 and renumbered and
276 amended by Laws of Utah 2018, Chapter 3
277 53G-11-501.5, as renumbered and amended by Laws of Utah 2018, Chapter 3
278 53G-11-504, as renumbered and amended by Laws of Utah 2018, Chapter 3
279 53G-11-505, as renumbered and amended by Laws of Utah 2018, Chapter 3
280 53G-11-506, as renumbered and amended by Laws of Utah 2018, Chapter 3
281 53G-11-507, as renumbered and amended by Laws of Utah 2018, Chapter 3
282 53G-11-508, as renumbered and amended by Laws of Utah 2018, Chapter 3
283 53G-11-510, as renumbered and amended by Laws of Utah 2018, Chapter 3
284 53G-11-511, as renumbered and amended by Laws of Utah 2018, Chapter 3
285 53G-11-512, as renumbered and amended by Laws of Utah 2018, Chapter 3
286 53G-11-518, as renumbered and amended by Laws of Utah 2018, Chapter 3
287 63G-2-302, as last amended by Laws of Utah 2018, Chapters 206, 281, 415, and 461
288 63J-1-220, as last amended by Laws of Utah 2018, Chapters 415 and 456
289
290 Be it enacted by the Legislature of the state of Utah:
291 Section 1. Section 53G-3-202 is amended to read:
292 53G-3-202. School districts independent of municipal and county governments --
293 School district name -- Control of property.
294 (1) (a) Each school district shall be controlled by its [
295 board and shall be independent of municipal and county governments.
296 (b) The name of each school district created after May 1, 2000, shall comply with
297 Subsection 17-50-103(2)(a).
298 (2) The local school board shall have direction and control of all school property in the
299 district.
300 (3) (a) Each school district shall register and maintain the school district's registration
301 as a limited purpose entity, in accordance with Section 67-1a-15.
302 (b) A school district that fails to comply with Subsection (3)(a) or Section 67-1a-15 is
303 subject to enforcement by the state auditor, in accordance with Section 67-3-1.
304 Section 2. Section 53G-3-301 is amended to read:
305 53G-3-301. Creation of new school district -- Initiation of process -- Procedures
306 to be followed.
307 (1) A new school district may be created from one or more existing school districts, as
308 provided in this section.
309 (2) The process to create a new school district may be initiated:
310 (a) through a citizens' initiative petition;
311 (b) at the request of the local school board of the existing district or districts to be
312 affected by the creation of the new district; or
313 (c) at the request of a city within the boundaries of the school district or at the request
314 of interlocal agreement participants, pursuant to Section 53G-3-302.
315 (3) (a) An initiative petition submitted under Subsection (2)(a) shall be signed by
316 qualified electors residing within the geographical boundaries of the proposed new school
317 district in an amount equal to at least 15% of all votes cast within the geographic boundaries of
318 the proposed new school district for all candidates for president of the United States at the last
319 regular general election at which a president of the United States was elected.
320 (b) Each request or petition submitted under Subsection (2) shall:
321 (i) be filed with the clerk of each county in which any part of the proposed new school
322 district is located;
323 (ii) indicate the typed or printed name and current residence address of each governing
324 board member making a request, or registered voter signing a petition, as the case may be;
325 (iii) describe the proposed new school district boundaries; and
326 (iv) designate up to five signers of the petition or request as sponsors, one of whom
327 shall be designated as the contact sponsor, with the mailing address and telephone number of
328 each.
329 (c) The process described in Subsection (2)(a) may only be initiated once during any
330 four-year period.
331 (d) A new district may not be formed under Subsection (2) if the student population of
332 the proposed new district is less than 3,000 or the existing district's student population would
333 be less than 3,000 because of the creation of the new school district.
334 (4) A signer of a petition described in Subsection (2)(a) may withdraw or, once
335 withdrawn, reinstate the signer's signature at any time before the filing of the petition by filing
336 a written request for withdrawal or reinstatement with the county clerk.
337 (5) Within 45 days after the day on which a petition described in Subsection (2)(a) is
338 filed, or five business days after the day on which a request described in Subsection (2)(b) or
339 (c) is filed, the clerk of each county with which the request or petition is filed shall:
340 (a) determine whether the request or petition complies with Subsections (2) and (3), as
341 applicable; and
342 (b) (i) if the county clerk determines that the request or petition complies with the
343 applicable requirements:
344 (A) certify the request or petition and deliver the certified request or petition to the
345 county legislative body; and
346 (B) mail or deliver written notification of the certification to the contact sponsor; or
347 (ii) if the county clerk determines that the request or petition fails to comply with any
348 of the applicable requirements, reject the request or petition and notify the contact sponsor in
349 writing of the rejection and reasons for the rejection.
350 (6) (a) If the county clerk fails to certify or reject a request or petition within the time
351 specified in Subsection (5), the request or petition is considered to be certified.
352 (b) (i) If the county clerk rejects a request or petition, the person that submitted the
353 request or petition may amend the request or petition to correct the deficiencies for which the
354 request or petition was rejected, and refile the request or petition.
355 (ii) Subsection (3)(c) does not apply to a request or petition that is amended and refiled
356 after having been rejected by a county clerk.
357 (c) If, on or before December 1, a county legislative body receives a request from a
358 local school board under Subsection (2)(b) or a petition under Subsection (2)(a) that is certified
359 by the county clerk:
360 (i) the county legislative body shall appoint an ad hoc advisory committee, as provided
361 in Subsection (7), on or before January 1;
362 (ii) the ad hoc advisory committee shall submit its report and recommendations to the
363 county legislative body, as provided in Subsection (7), on or before July 1; and
364 (iii) if the legislative body of each county with which a request or petition is filed
365 approves a proposal to create a new district, each legislative body shall submit the proposal to
366 the respective county clerk to be voted on by the electors of each existing district at the regular
367 general or municipal general election held in November.
368 (7) (a) The legislative body of each county with which a request or petition is filed
369 shall appoint an ad hoc advisory committee to review and make recommendations on a request
370 for the creation of a new school district submitted under Subsection (2)(a) or (b).
371 (b) The advisory committee shall:
372 (i) seek input from:
373 (A) those requesting the creation of the new school district;
374 (B) the local school board and school personnel of each existing school district;
375 (C) those citizens residing within the geographical boundaries of each existing school
376 district;
377 (D) the [
378 (E) other interested parties;
379 (ii) review data and gather information on at least:
380 (A) the financial viability of the proposed new school district;
381 (B) the proposal's financial impact on each existing school district;
382 (C) the exact placement of school district boundaries; and
383 (D) the positive and negative effects of creating a new school district and whether the
384 positive effects outweigh the negative if a new school district were to be created; and
385 (iii) make a report to the county legislative body in a public meeting on the committee's
386 activities, together with a recommendation on whether to create a new school district.
387 (8) For a request or petition submitted under Subsection (2)(a) or (b):
388 (a) The county legislative body shall provide for a 45-day public comment period on
389 the report and recommendation to begin on the day the report is given under Subsection
390 (7)(b)(iii).
391 (b) Within 14 days after the end of the comment period, the legislative body of each
392 county with which a request or petition is filed shall vote on the creation of the proposed new
393 school district.
394 (c) The proposal is approved if a majority of the members of the legislative body of
395 each county with which a request or petition is filed votes in favor of the proposal.
396 (d) If the proposal is approved, the legislative body of each county with which a
397 request or petition is filed shall submit the proposal to the county clerk to be voted on:
398 (i) by the legal voters of each existing school district affected by the proposal;
399 (ii) in accordance with the procedures and requirements applicable to a regular general
400 election under Title 20A, Election Code; and
401 (iii) at the next regular general election or municipal general election, whichever is
402 first.
403 (e) Creation of the new school district shall occur if a majority of the electors within
404 both the proposed school district and each remaining school district voting on the proposal vote
405 in favor of the creation of the new district.
406 (f) Each county legislative body shall comply with the requirements of Section
407 53G-3-203.
408 (g) If a proposal submitted under Subsection (2)(a) or (b) to create a new district is
409 approved by the electors, the existing district's documented costs to study and implement the
410 proposal shall be reimbursed by the new district.
411 (9) (a) If a proposal submitted under Subsection (2)(c) is certified under Subsection (5)
412 or (6)(a), the legislative body of each county in which part of the proposed new school district
413 is located shall submit the proposal to the respective clerk of each county to be voted on:
414 (i) by the legal voters residing within the proposed new school district boundaries;
415 (ii) in accordance with the procedures and requirements applicable to a regular general
416 election under Title 20A, Election Code; and
417 (iii) at the next regular general election or municipal general election, whichever is
418 first.
419 (b) (i) If a majority of the legal voters within the proposed new school district
420 boundaries voting on the proposal at an election under Subsection (9)(a) vote in favor of the
421 creation of the new district:
422 (A) each county legislative body shall comply with the requirements of Section
423 53G-3-203; and
424 (B) upon the lieutenant governor's issuance of the certificate under Section 67-1a-6.5,
425 the new district is created.
426 (ii) Notwithstanding the creation of a new district as provided in Subsection
427 (9)(b)(i)(B):
428 (A) a new school district may not begin to provide educational services to the area
429 within the new district until July 1 of the second calendar year following the local school board
430 general election date described in Subsection 53G-3-302(3)(a)(i);
431 (B) a remaining district may not begin to provide educational services to the area
432 within the remaining district until the time specified in Subsection (9)(b)(ii)(A); and
433 (C) each existing district shall continue, until the time specified in Subsection
434 (9)(b)(ii)(A), to provide educational services within the entire area covered by the existing
435 district.
436 Section 3. Section 53G-3-302 is amended to read:
437 53G-3-302. Proposal initiated by a city or by interlocal agreement participants to
438 create a school district -- Boundaries -- Election of local school board members --
439 Allocation of assets and liabilities -- Startup costs -- Transfer of title.
440 (1) (a) After conducting a feasibility study, a city with a population of at least 50,000,
441 as determined by the lieutenant governor using the process described in Subsection 67-1a-2(3),
442 may by majority vote of the legislative body, submit for voter approval a measure to create a
443 new school district with boundaries contiguous with that city's boundaries, in accordance with
444 Section 53G-3-301.
445 (b) (i) The determination of all matters relating to the scope, adequacy, and other
446 aspects of a feasibility study under Subsection (1)(a) is within the exclusive discretion of the
447 city's legislative body.
448 (ii) An inadequacy of a feasibility study under Subsection (1)(a) may not be the basis of
449 a legal action or other challenge to:
450 (A) an election for voter approval of the creation of a new school district; or
451 (B) the creation of the new school district.
452 (2) (a) By majority vote of the legislative body, a city of any class, a town, or a county,
453 may, together with one or more other cities, towns, or the county enter into an interlocal
454 agreement, in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, for the purpose
455 of submitting for voter approval a measure to create a new school district.
456 (b) (i) In accordance with Section 53G-3-301, interlocal agreement participants under
457 Subsection (2)(a) may submit a proposal for voter approval if:
458 (A) the interlocal agreement participants conduct a feasibility study prior to submitting
459 the proposal to the county;
460 (B) the combined population within the proposed new school district boundaries is at
461 least 50,000;
462 (C) the new school district boundaries:
463 (I) are contiguous;
464 (II) do not completely surround or otherwise completely geographically isolate a
465 portion of an existing school district that is not part of the proposed new school district from
466 the remaining part of that existing school district, except as provided in Subsection (2)(d)(iii);
467 (III) include the entire boundaries of each participant city or town, except as provided
468 in Subsection (2)(d)(ii); and
469 (IV) subject to Subsection (2)(b)(ii), do not cross county lines; and
470 (D) the combined population within the proposed new school district of interlocal
471 agreement participants that have entered into an interlocal agreement proposing to create a new
472 school district is at least 80% of the total population of the proposed new school district.
473 (ii) The determination of all matters relating to the scope, adequacy, and other aspects
474 of a feasibility study under Subsection (2)(b)(i)(A), including whether to conduct a new
475 feasibility study or revise a previous feasibility study due to a change in the proposed new
476 school district boundaries, is within the exclusive discretion of the legislative bodies of the
477 interlocal agreement participants that enter into an interlocal agreement to submit for voter
478 approval a measure to create a new school district.
479 (iii) An inadequacy of a feasibility study under Subsection (2)(b)(i)(A) may not be the
480 basis of a legal action or other challenge to:
481 (A) an election for voter approval of the creation of a new school district; or
482 (B) the creation of the new school district.
483 (iv) For purposes of determining whether the boundaries of a proposed new school
484 district cross county lines under Subsection (2)(b)(i)(C)(IV):
485 (A) a municipality located in more than one county and entirely within the boundaries
486 of a single school district is considered to be entirely within the same county as other
487 participants in an interlocal agreement under Subsection (2)(a) if more of the municipality's
488 land area and population is located in that same county than outside the county; and
489 (B) a municipality located in more than one county that participates in an interlocal
490 agreement under Subsection (2)(a) with respect to some but not all of the area within the
491 municipality's boundaries on the basis of the exception stated in Subsection (2)(d)(ii)(B) may
492 not be considered to cross county lines.
493 (c) (i) A county may only participate in an interlocal agreement under this Subsection
494 (2) for the unincorporated areas of the county.
495 (ii) Boundaries of a new school district created under this section may include:
496 (A) a portion of one or more existing school districts; and
497 (B) a portion of the unincorporated area of a county, including a portion of a township.
498 (d) (i) As used in this Subsection (2)(d):
499 (A) "Isolated area" means an area that:
500 (I) is entirely within the boundaries of a municipality that, except for that area, is
501 entirely within a school district different than the school district in which the area is located;
502 and
503 (II) would, because of the creation of a new school district from the existing district in
504 which the area is located, become completely geographically isolated.
505 (B) "Municipality's school district" means the school district that includes all of the
506 municipality in which the isolated area is located except the isolated area.
507 (ii) Notwithstanding Subsection (2)(b)(i)(C)(III), a municipality may be a participant in
508 an interlocal agreement under Subsection (2)(a) with respect to some but not all of the area
509 within the municipality's boundaries if:
510 (A) the portion of the municipality proposed to be included in the new school district
511 would, if not included, become an isolated area upon the creation of the new school district; or
512 (B) (I) the portion of the municipality proposed to be included in the new school
513 district is within the boundaries of the same school district that includes the other interlocal
514 agreement participants; and
515 (II) the portion of the municipality proposed to be excluded from the new school
516 district is within the boundaries of a school district other than the school district that includes
517 the other interlocal agreement participants.
518 (iii) (A) Notwithstanding Subsection (2)(b)(i)(C)(II), a proposal to create a new school
519 district may be submitted for voter approval pursuant to an interlocal agreement under
520 Subsection (2)(a), even though the new school district boundaries would create an isolated
521 area, if:
522 (I) the potential isolated area is contiguous to one or more of the interlocal agreement
523 participants;
524 (II) the interlocal participants submit a written request to the municipality in which the
525 potential isolated area is located, requesting the municipality to enter into an interlocal
526 agreement under Subsection (2)(a) that proposes to submit for voter approval a measure to
527 create a new school district that includes the potential isolated area; and
528 (III) 90 days after a request under Subsection (2)(d)(iii)(A)(II) is submitted, the
529 municipality has not entered into an interlocal agreement as requested in the request.
530 (B) Each municipality receiving a request under Subsection (2)(d)(iii)(A)(II) shall hold
531 one or more public hearings to allow input from the public and affected school districts
532 regarding whether or not the municipality should enter into an interlocal agreement with
533 respect to the potential isolated area.
534 (C) (I) This Subsection (2)(d)(iii)(C) applies if:
535 (Aa) a new school district is created under this section after a measure is submitted to
536 voters based on the authority of Subsection (2)(d)(iii)(A); and
537 (Bb) the creation of the new school district results in an isolated area.
538 (II) The isolated area shall, on July 1 of the second calendar year following the local
539 school board general election date described in Subsection (3)(a)(i), become part of the
540 municipality's school district.
541 (III) Unless the isolated area is the only remaining part of the existing district, the
542 process described in Subsection (4) shall be modified to:
543 (Aa) include a third transition team, appointed by the local school board of the
544 municipality's school district, to represent that school district; and
545 (Bb) require allocation of the existing district's assets and liabilities among the new
546 district, the remaining district, and the municipality's school district.
547 (IV) The existing district shall continue to provide educational services to the isolated
548 area until July 1 of the second calendar year following the local school board general election
549 date described in Subsection (3)(a)(i).
550 (3) (a) If a proposal under this section is approved by voters:
551 (i) an election shall be held at the next regular general election to elect:
552 (A) members to the local school board of the existing school district whose terms are
553 expiring;
554 (B) all members to the local school board of the new school district; and
555 (C) all members to the local school board of the remaining district;
556 (ii) the assets and liabilities of the existing school district shall be divided between the
557 remaining school district and the new school district as provided in Subsection (5) and Section
558 53G-3-307;
559 (iii) transferred employees shall be treated in accordance with Sections 53G-3-205 and
560 53G-3-308;
561 (iv) (A) an individual residing within the boundaries of a new school district at the
562 time the new school district is created may, for six school years after the creation of the new
563 school district, elect to enroll in a secondary school located outside the boundaries of the new
564 school district if:
565 (I) the individual resides within the boundaries of that secondary school as of the day
566 before the new school district is created; and
567 (II) the individual would have been eligible to enroll in that secondary school had the
568 new school district not been created; and
569 (B) the school district in which the secondary school is located shall provide
570 educational services, including, if provided before the creation of the new school district,
571 busing, to each individual making an election under Subsection (3)(a)(iv)(A) for each school
572 year for which the individual makes the election; and
573 (v) within one year after the new district begins providing educational services, the
574 superintendent of each remaining district affected and the superintendent of the new district
575 shall meet, together with the [
576 determine if further boundary changes should be proposed in accordance with Section
577 53G-3-501.
578 (b) (i) The terms of the initial members of the local school board of the new district and
579 remaining district shall be staggered and adjusted by the county legislative body so that
580 approximately half of the local school board is elected every two years.
581 (ii) The term of a member of the existing local school board, including a member
582 elected under Subsection (3)(a)(i)(A), terminates on July 1 of the second year after the local
583 school board general election date described in Subsection (3)(a)(i), regardless of when the
584 term would otherwise have terminated.
585 (iii) Notwithstanding the existence of a local school board for the new district and a
586 local school board for the remaining district under Subsection (3)(a)(i), the local school board
587 of the existing district shall continue, until the time specified in Subsection
588 53G-3-301(9)(b)(ii)(A), to function and exercise authority as a local school board to the extent
589 necessary to continue to provide educational services to the entire existing district.
590 (iv) An individual may simultaneously serve as or be elected to be a member of the
591 local school board of an existing district and a member of the local school board of:
592 (A) a new district; or
593 (B) a remaining district.
594 (4) (a) Within 45 days after the canvass date for the election at which voters approve
595 the creation of a new district:
596 (i) a transition team to represent the remaining district shall be appointed by the
597 members of the existing local school board who reside within the area of the remaining district,
598 in consultation with:
599 (A) the legislative bodies of all municipalities in the area of the remaining district; and
600 (B) the legislative body of the county in which the remaining district is located, if the
601 remaining district includes one or more unincorporated areas of the county; and
602 (ii) another transition team to represent the new district shall be appointed by:
603 (A) for a new district located entirely within the boundaries of a single city, the
604 legislative body of that city; or
605 (B) for each other new district, the legislative bodies of all interlocal agreement
606 participants.
607 (b) The local school board of the existing school district shall, within 60 days after the
608 canvass date for the election at which voters approve the creation of a new district:
609 (i) prepare an inventory of the existing district's:
610 (A) assets, both tangible and intangible, real and personal; and
611 (B) liabilities; and
612 (ii) deliver a copy of the inventory to each of the transition teams.
613 (c) The transition teams appointed under Subsection (4)(a) shall:
614 (i) determine the allocation of the existing district's assets and, except for indebtedness
615 under Section 53G-3-307, liabilities between the remaining district and the new district in
616 accordance with Subsection (5);
617 (ii) prepare a written report detailing how the existing district's assets and, except for
618 indebtedness under Section 53G-3-307, liabilities are to be allocated; and
619 (iii) deliver a copy of the written report to:
620 (A) the local school board of the existing district;
621 (B) the local school board of the remaining district; and
622 (C) the local school board of the new district.
623 (d) The transition teams shall determine the allocation under Subsection (4)(c)(i) and
624 deliver the report required under Subsection (4)(c)(ii) before August 1 of the year following the
625 election at which voters approve the creation of a new district, unless that deadline is extended
626 by the mutual agreement of:
627 (i) the local school board of the existing district; and
628 (ii) (A) the legislative body of the city in which the new district is located, for a new
629 district located entirely within a single city; or
630 (B) the legislative bodies of all interlocal agreement participants, for each other new
631 district.
632 (e) (i) All costs and expenses of the transition team that represents a remaining district
633 shall be borne by the remaining district.
634 (ii) All costs and expenses of the transition team that represents a new district shall
635 initially be borne by:
636 (A) the city whose legislative body appoints the transition team, if the transition team
637 is appointed by the legislative body of a single city; or
638 (B) the interlocal agreement participants, if the transition team is appointed by the
639 legislative bodies of interlocal agreement participants.
640 (iii) The new district may, to a maximum of $500,000, reimburse the city or interlocal
641 agreement participants for:
642 (A) transition team costs and expenses; and
643 (B) startup costs and expenses incurred by the city or interlocal agreement participants
644 on behalf of the new district.
645 (5) (a) As used in this Subsection (5):
646 (i) "Associated property" means furniture, equipment, or supplies located in or
647 specifically associated with a physical asset.
648 (ii) (A) "Discretionary asset or liability" means, except as provided in Subsection
649 (5)(a)(ii)(B), an asset or liability that is not tied to a specific project, school, student, or
650 employee by law or school district accounting practice.
651 (B) "Discretionary asset or liability" does not include a physical asset, associated
652 property, a vehicle, or bonded indebtedness.
653 (iii) (A) "Nondiscretionary asset or liability" means, except as provided in Subsection
654 (5)(a)(iii)(B), an asset or liability that is tied to a specific project, school, student, or employee
655 by law or school district accounting practice.
656 (B) "Nondiscretionary asset or liability" does not include a physical asset, associated
657 property, a vehicle, or bonded indebtedness.
658 (iv) "Physical asset" means a building, land, or water right together with revenue
659 derived from the lease or use of the building, land, or water right.
660 (b) Except as provided in Subsection (5)(c), the transition teams appointed under
661 Subsection (4)(a) shall allocate all assets and liabilities the existing district owns on the
662 allocation date, both tangible and intangible, real and personal, to the new district and
663 remaining district as follows:
664 (i) a physical asset and associated property shall be allocated to the school district in
665 which the physical asset is located;
666 (ii) a discretionary asset or liability shall be allocated between the new district and
667 remaining district in proportion to the student populations of the school districts;
668 (iii) a nondiscretionary asset shall be allocated to the school district where the project,
669 school, student, or employee to which the nondiscretionary asset is tied will be located;
670 (iv) vehicles used for pupil transportation shall be allocated:
671 (A) according to the transportation needs of schools, as measured by the number and
672 assortment of vehicles used to serve transportation routes serving schools within the new
673 district and remaining district; and
674 (B) in a manner that gives each school district a fleet of vehicles for pupil
675 transportation that is equivalent in terms of age, condition, and variety of carrying capacities;
676 and
677 (v) other vehicles shall be allocated:
678 (A) in proportion to the student populations of the school districts; and
679 (B) in a manner that gives each district a fleet of vehicles that is similar in terms of age,
680 condition, and carrying capacities.
681 (c) By mutual agreement, the transition teams may allocate an asset or liability in a
682 manner different than the allocation method specified in Subsection (5)(b).
683 (6) (a) As used in this Subsection (6):
684 (i) "New district startup costs" means:
685 (A) costs and expenses incurred by a new district in order to prepare to begin providing
686 educational services on July 1 of the second calendar year following the local school board
687 general election date described in Subsection (3)(a)(i); and
688 (B) the costs and expenses of the transition team that represents the new district.
689 (ii) "Remaining district startup costs" means:
690 (A) costs and expenses incurred by a remaining district in order to:
691 (I) make necessary adjustments to deal with the impacts resulting from the creation of
692 the new district; and
693 (II) prepare to provide educational services within the remaining district once the new
694 district begins providing educational services within the new district; and
695 (B) the costs and expenses of the transition team that represents the remaining district.
696 (b) (i) By January 1 of the year following the local school board general election date
697 described in Subsection (3)(a)(i), the existing district shall make half of the undistributed
698 reserve from its General Fund, to a maximum of $9,000,000, available for the use of the
699 remaining district and the new district, as provided in this Subsection (6).
700 (ii) The existing district may make additional funds available for the use of the
701 remaining district and the new district beyond the amount specified in Subsection (6)(b)(i)
702 through an interlocal agreement.
703 (c) The existing district shall make the money under Subsection (6)(b) available to the
704 remaining district and the new district proportionately based on student population.
705 (d) The money made available under Subsection (6)(b) may be accessed and spent by:
706 (i) for the remaining district, the local school board of the remaining district; and
707 (ii) for the new district, the local school board of the new district.
708 (e) (i) The remaining district may use its portion of the money made available under
709 Subsection (6)(b) to pay for remaining district startup costs.
710 (ii) The new district may use its portion of the money made available under Subsection
711 (6)(b) to pay for new district startup costs.
712 (7) (a) The existing district shall transfer title or, if applicable, partial title of property
713 to the new school district in accordance with the allocation of property by the transition teams,
714 as stated in the report under Subsection (4)(c)(ii).
715 (b) The existing district shall complete each transfer of title or, if applicable, partial
716 title to real property and vehicles by July 1 of the second calendar year following the local
717 school board general election date described in Subsection (3)(a)(i), except as that date is
718 changed by the mutual agreement of:
719 (i) the local school board of the existing district;
720 (ii) the local school board of the remaining district; and
721 (iii) the local school board of the new district.
722 (c) The existing district shall complete the transfer of all property not included in
723 Subsection (7)(b) by November 1 of the second calendar year after the local school board
724 general election date described in Subsection (3)(a)(i).
725 (8) Except as provided in Subsections (6) and (7), after the creation election date an
726 existing school district may not transfer or agree to transfer title to district property without the
727 prior consent of:
728 (a) the legislative body of the city in which the new district is located, for a new district
729 located entirely within a single city; or
730 (b) the legislative bodies of all interlocal agreement participants, for each other new
731 district.
732 (9) This section does not apply to the creation of a new district initiated through a
733 citizens' initiative petition or at the request of a local school board under Section 53G-3-301.
734 Section 4. Section 53G-3-305 is amended to read:
735 53G-3-305. Reapportionment -- Local school board membership.
736 (1) Upon the creation of a new school district, the county legislative body shall
737 reapportion the affected school districts pursuant to Section 20A-14-201.
738 (2) Except as provided in Section 53G-3-302, local school board membership in the
739 affected school districts shall be determined under Title 20A, Chapter 14, Part 2, Election of
740 Members of Local Boards of Education.
741 Section 5. Section 53G-3-306 is amended to read:
742 53G-3-306. Transfer of school property to new school district.
743 (1) (a) (i) On July 1 of the year following the local school board elections for a new
744 district created pursuant to a citizens' initiative petition or local school board request under
745 Section 53G-3-301 and an existing district as provided in Section 53G-3-305, the local school
746 board of the existing district shall convey and deliver to the local school board of the new
747 district all school property which the new district is entitled to receive.
748 (ii) Any disagreements as to the disposition of school property shall be resolved by the
749 county legislative body.
750 (iii) Subsection (1)(a)(ii) does not apply to disagreements between transition teams
751 about the proper allocation of property under Subsection 53G-3-302(4).
752 (b) An existing district shall transfer property to a new district created under Section
753 53G-3-302 in accordance with Section 53G-3-302.
754 (2) Title vests in the new local school board, including all rights, claims, and causes of
755 action to or for the property, for the use or the income from the property, for conversion,
756 disposition, or withholding of the property, or for any damage or injury to the property.
757 (3) The new local school board may bring and maintain actions to recover, protect, and
758 preserve the property and rights of the district's schools and to enforce contracts.
759 Section 6. Section 53G-3-307 is amended to read:
760 53G-3-307. Tax to pay for indebtedness of divided school district.
761 (1) (a) For a new district created prior to May 10, 2011, the local school boards of the
762 remaining and new districts shall determine the portion of the divided school district's bonded
763 indebtedness and other indebtedness for which the property within the new district remains
764 subject to the levy of taxes to pay a proportionate share of the divided school district's
765 outstanding indebtedness.
766 (b) The proportionate share of the divided school district's outstanding indebtedness for
767 which property within the new district remains subject to the levy of taxes shall be calculated
768 by determining the proportion that the total assessed valuation of the property within the new
769 district bears to the total assessed valuation of the divided school district:
770 (i) in the year immediately preceding the date the new district was created; or
771 (ii) at a time mutually agreed upon by the local school boards of the new district and
772 the remaining district.
773 (c) The agreement reflecting the determinations made under this Subsection (1) shall
774 take effect upon being filed with the county legislative body and the [
775 state board.
776 (2) (a) Except as provided in Subsection (2)(b), the local school board of a new district
777 created prior to May 10, 2011, shall levy a tax on property within the new district sufficient to
778 pay the new district's proportionate share of the indebtedness determined under Subsection (1).
779 (b) If a new district has money available to pay the new district's proportionate share of
780 the indebtedness determined under Subsection (1), the new district may abate a property tax to
781 the extent of money available.
782 (3) As used in Subsections (4) and (5), "outstanding bonded indebtedness" means debt
783 owed for a general obligation bond issued by the divided school district:
784 (a) prior to the creation of the new district; or
785 (b) in accordance with a mutual agreement of the local school boards of the remaining
786 and new districts under Subsection (6).
787 (4) If a new district is created on or after May 10, 2011, property within the new
788 district and the remaining district is subject to the levy of a tax to pay the divided school
789 district's outstanding bonded indebtedness as provided in Subsection (5).
790 (5) (a) Except as provided in Subsection (5)(b), the local school board of the new
791 district and the local school board of the remaining district shall impose a tax levy at a rate that:
792 (i) generates from the combined districts the amount of revenue required each year to
793 meet the outstanding bonded indebtedness of the divided school district; and
794 (ii) is uniform within the new district and remaining district.
795 (b) A local school board of a new district may abate a property tax required to be
796 imposed under Subsection (5)(a) to the extent the new district has money available to pay to
797 the remaining district the amount of revenue that would be generated within the new district
798 from the tax rate specified in Subsection (5)(a).
799 (6) (a) The local school boards of the remaining and new districts shall determine by
800 mutual agreement the disposition of bonds approved but not issued by the divided school
801 district before the creation of the new district based primarily on the representation made to the
802 voters at the time of the bond election.
803 (b) Before a determination is made under Subsection (6)(a), a remaining district may
804 not issue bonds approved but not issued before the creation of the new district if property in the
805 new district would be subject to the levy of a tax to pay the bonds.
806 Section 7. Section 53G-3-308 is amended to read:
807 53G-3-308. Employees of a new district.
808 (1) Upon the creation of a new district:
809 (a) an employee of an existing district who is employed at a school that is transferred to
810 the new district shall become an employee of the new district; and
811 (b) the local school board of the new district shall:
812 (i) have discretion in the hiring of all other staff;
813 (ii) adopt the personnel policies and practices of the existing district, including salary
814 schedules and benefits; and
815 (iii) enter into agreements with employees of the new district, or their representatives,
816 that have the same terms as those in the negotiated agreements between the existing district and
817 its employees.
818 (2) (a) Subject to Subsection (2)(b), an employee of a school district from which a new
819 district is created who becomes an employee of the new district shall retain the same status as a
820 career or provisional employee with accrued seniority and accrued benefits.
821 (b) Subsection (2)(a) applies to:
822 (i) employees of an existing district who are transferred to a new district pursuant to
823 Subsection (1)(a); and
824 (ii) employees of a school district from which a new district is created who are hired by
825 the new district within one year of the date of the creation of the new district.
826 (3) An employee who is transferred to a new district pursuant to Subsection (1)(a) and
827 is rehired by the existing district within one year of the date of the creation of the new district
828 shall, when rehired by the existing district, retain the same status as a career or provisional
829 employee with accrued seniority and accrued benefits.
830 Section 8. Section 53G-3-401 is amended to read:
831 53G-3-401. Consolidation of school districts -- Resolution by local school board
832 members -- Petition by electors -- Election.
833 (1) Two or more school districts may unite and form a single school district in one of
834 the following ways:
835 (a) a majority of the members of each of the local school boards [
836 affected districts shall approve and present to the county legislative body of the affected
837 counties a resolution to consolidate the districts. Once this is done, consolidation shall be
838 established under this chapter; or
839 (b) a majority of the members of the local school board [
840 district, or 15% of the qualified electors in each of the affected districts, shall sign and present a
841 petition to the county legislative body of each affected county. The question shall be voted
842 upon at an election called for that purpose, which shall be the next general or municipal
843 election. Consolidation shall occur if a majority of those voting on the question in each district
844 favor consolidation.
845 (2) The elections required under Subsection (1)(b) shall be conducted and the returns
846 canvassed as provided by election laws.
847 Section 9. Section 53G-3-402 is amended to read:
848 53G-3-402. Transfer of property to new school district -- Rights and obligations
849 of new local school board -- Outstanding indebtedness -- Special tax.
850 (1) On July 1 following the approval of the creation of a new school district under
851 Section 53G-3-401, the local school boards of the former districts shall convey and deliver all
852 school property to the local school board of the new district. Title vests in the new local school
853 board. All rights, claims, and causes of action to or for the property, for the use or the income
854 from the property, for conversion, disposition, or withholding of the property, or for any
855 damage or injury to the property vest at once in the new local school board.
856 (2) The new local school board may bring and maintain actions to recover, protect, and
857 preserve the property and rights of the district schools and to enforce contracts.
858 (3) The new local school board shall assume and be liable for all outstanding debts and
859 obligations of each of the former school districts.
860 (4) All of the bonded indebtedness, outstanding debts, and obligations of a former
861 district, which cannot be reasonably paid from the assets of the former district, shall be paid by
862 a special tax levied by the new local school board as needed. The tax shall be levied upon the
863 property within the former district which was liable for the indebtedness at the time of
864 consolidation. If bonds are approved in the new district under Section 53G-4-603, the special
865 tax shall be discontinued and the bonded indebtedness paid as any other bonded indebtedness
866 of the new district.
867 (5) Bonded indebtedness of a former district which has been refunded shall be paid in
868 the same manner as that which the new district assumes under Section 53G-4-602.
869 (6) State funds received by the new district under Section 53F-3-202 may be applied
870 toward the payment of outstanding bonded indebtedness of a former district in the same
871 proportion as the bonded indebtedness of the territory within the former district bears to the
872 total bonded indebtedness of the districts combined.
873 Section 10. Section 53G-3-404 is amended to read:
874 53G-3-404. Additional levies -- Local school board options to abolish or continue
875 after consolidation.
876 (1) If a school district that has approved an additional levy under Section 53F-8-301 is
877 consolidated with a district which does not have such a levy, the local school board [
878
879 part to the entire consolidated district.
880 (2) If the local school board chooses to apply any part of the levy to the entire district,
881 the levy may continue in force for no more than three years, unless approved by the electors of
882 the consolidated district in the manner set forth in Section 53F-8-301.
883 Section 11. Section 53G-3-501 is amended to read:
884 53G-3-501. Transfer of a portion of a school district -- State board resolution --
885 Local school board petition -- Elector petition -- Transfer election.
886 (1) Part of a school district may be transferred to another district in one of the
887 following ways:
888 (a) presentation to the county legislative body of each of the affected counties of a
889 resolution requesting the transfer, approved by at least four-fifths of the members of the local
890 school board [
891 (b) presentation to the county legislative body of each affected county of a petition
892 requesting that the electors vote on the transfer, signed by a majority of the members of the
893 local school board of each affected school district; or
894 (c) presentation to the county legislative body of each affected county of a petition
895 requesting that the electors vote on the transfer, signed by 15% of the qualified electors in each
896 of the affected school districts within that county.
897 (2) (a) If an annexation of property by a city would result in its residents being served
898 by more than one school district, then the presidents of the affected local school boards shall
899 meet within 60 days prior to the effective date of the annexation to determine whether it would
900 be advisable to adjust school district boundaries to permit all residents of the expanded city to
901 be served by a single school district.
902 (b) Upon conclusion of the meeting, the local school board presidents shall prepare a
903 recommendation for presentation to their respective local school boards as soon as reasonably
904 possible.
905 (c) The local school boards may then initiate realignment proceedings under
906 Subsection (1)(a) or (b).
907 (d) If a local school board rejects realignment under Subsection (1)(a) or (b), the other
908 local school board may initiate the following procedures by majority vote within 60 days of the
909 vote rejecting realignment:
910 (i) (A) within 30 days after a vote to initiate these procedures, each local school board
911 shall appoint one member to a boundary review committee; or
912 (B) if the local school board becomes deadlocked in selecting the appointee under
913 Subsection (2)(d)(i)(A), the local school board's chair shall make the appointment or serve as
914 the appointee to the review committee.
915 (ii) The two local school board-appointed members of the committee shall meet and
916 appoint a third member of the committee.
917 (iii) If the two local school board-appointed members are unable to agree on the
918 appointment of a third member within 30 days after both are appointed, the [
919
920 (iv) The committee shall meet as necessary to prepare recommendations concerning
921 resolution of the realignment issue, and shall submit the recommendations to the affected local
922 school boards within six months after the appointment of the third member of the committee.
923 (v) If a majority of the members of each local school board accepts the
924 recommendation of the committee, or accepts the recommendation after amendment by the
925 local school boards, then the accepted recommendation shall be implemented.
926 (vi) If the committee fails to submit its recommendation within the time allotted, or if
927 one local school board rejects the recommendation, the affected local school boards may agree
928 to extend the time for the committee to prepare an acceptable recommendation or either local
929 school board may request the [
930 (vii) If the committee has submitted a recommendation which the state board finds to
931 be reasonably supported by the evidence, the state board shall adopt the committee's
932 recommendation.
933 (viii) The decision of the state board is final.
934 (3) (a) The electors of each affected district shall vote on the transfer requested under
935 Subsection (1)(b) or (c) at an election called for that purpose, which may be the next general
936 election.
937 (b) The election shall be conducted and the returns canvassed as provided by election
938 law.
939 (c) A transfer is effected only if a majority of votes cast by the electors in both the
940 proposed transferor district and in the proposed transferee district are in favor of the transfer.
941 Section 12. Section 53G-3-502 is amended to read:
942 53G-3-502. Transfer of school district property -- Indebtedness on transferred
943 property.
944 (1) If a transfer of a portion of one school district to another school district is approved
945 under Section 53G-3-501, the state superintendent and the superintendents and presidents of
946 the local school boards [
947 the basis for a transfer of all school property reasonably and fairly allocable to that portion
948 being transferred.
949 (2) (a) Title to property transferred vests in the transferee local school board [
950
951 (b) The transfer of a school building that is in operation at the time of determination
952 shall be made at the close of a fiscal year.
953 (c) The transfer of all other school property shall be made five days after approval of
954 the transfer of territory under Section 53G-3-501.
955 (3) (a) The individuals referred to in Subsection (1) shall determine the portion of
956 bonded indebtedness and other indebtedness of the transferor local school board for which the
957 transferred property remains subject to the levy of taxes to pay a proportionate share of the
958 outstanding indebtedness of the transferor local school board.
959 (b) This is done by:
960 (i) determining the amount of the outstanding bonded indebtedness and other
961 indebtedness of the transferor local school board [
962 (ii) determining the total taxable value of the property of the transferor district and the
963 taxable value of the property to be transferred; and
964 (iii) calculating the portion of the indebtedness of the transferor local school board for
965 which the transferred portion retains liability.
966 (4) (a) The agreement reflecting these determinations takes effect upon being filed with
967 the [
968 (b) The transferred property remains subject to the levy of taxes to pay a proportionate
969 share of the outstanding indebtedness of the transferor local school board.
970 (c) The transferee local school board may assume the obligation to pay the
971 proportionate share of the transferor local school board's indebtedness that has been determined
972 under Subsection (3) to be the obligation of the transferred portion by the approval of a
973 resolution by a majority of the qualified electors of the transferee school district at an election
974 called and held for that purpose under Title 11, Chapter 14, Local Government Bonding Act.
975 (5) If the transferee school district assumes the obligation to pay this proportionate
976 share of the transferor local school board's indebtedness, the transferee local school board shall
977 levy a tax in the whole of the transferee district, including the transferred portion, sufficient to
978 pay the assumed indebtedness, and shall turn over the proceeds of the tax to the business
979 administrator of the transferor local school board.
980 (6) If the transferee local school board does not assume this obligation, the transferee
981 local school board shall levy a tax on the transferred territory sufficient to pay the proportionate
982 share of the indebtedness determined under this section, and shall turn over the proceeds of the
983 tax to the business administrator of the transferor local school board.
984 (7) For the purposes of school districts affected by repealed laws governing the
985 annexation of an unincorporated area of a school district by a city which included what was
986 formerly known as a city school district, transitions of unincorporated areas and property from
987 the transferor district to the transferee district in progress on the effective date of this act shall
988 revert to the boundaries and ownership prior to the initiation of annexation and may then
989 proceed under this section and Section 53G-3-501.
990 Section 13. Section 53G-3-503 is amended to read:
991 53G-3-503. Additional levies in transferred territory -- Transferee local school
992 board option to abolish or continue.
993 If two or more districts undergo restructuring that results in a district receiving territory
994 that increases the population of the district by at least 25%, and if the transferred territory was,
995 at the time of transfer, subject to an additional levy under Section 53F-8-301, the local school
996 board [
997 in part to the entire restructured district. Any such levy made applicable to the entire district
998 may continue in force for no more than five years, unless approved by the electors of the
999 restructured district in the manner set forth in Section 53F-8-301.
1000 Section 14. Section 53G-4-201 is amended to read:
1001 53G-4-201. Selection and election of members to local school boards.
1002 Members of local school boards [
1003 20A, Chapter 14, Nomination and Election of State and Local School Boards.
1004 Section 15. Section 53G-4-202 is amended to read:
1005 53G-4-202. Local school board meetings -- Rules of order and procedure --
1006 Location requirements -- Expulsion of members prohibited -- Exceptions.
1007 (1) As used in this section:
1008 (a) "Disaster" means an event that:
1009 (i) causes, or threatens to cause, loss of life, human suffering, public or private property
1010 damage, or economic or social disruption resulting from attack, internal disturbance, natural
1011 phenomenon, or technological hazard; and
1012 (ii) requires resources that are beyond the scope of local agencies in routine responses
1013 to emergencies and accidents and may be of a magnitude or involve unusual circumstances that
1014 require a response by a governmental, not-for-profit, or private entity.
1015 (b) "Local emergency" means a condition in any municipality or county of the state that
1016 requires that emergency assistance be provided by the affected municipality or county or
1017 another political subdivision to save lives and protect property within its jurisdiction in
1018 response to a disaster or to avoid or reduce the threat of a disaster.
1019 (c) "Rules of order and procedure" means a set of [
1020 prescribes in a public meeting:
1021 (i) parliamentary order and procedure;
1022 (ii) ethical behavior; and
1023 (iii) civil discourse.
1024 (2) Subject to Subsection (4), a local school board shall:
1025 (a) adopt rules of order and procedure to govern a public meeting of the local school
1026 board;
1027 (b) conduct a public meeting in accordance with the rules of order and procedure
1028 described in Subsection (2)(a); and
1029 (c) make the rules of order and procedure described in Subsection (2)(a) available to
1030 the public:
1031 (i) at each public meeting of the local school board; and
1032 (ii) on the local school board's public website, if available.
1033 (3) (a) Except as provided in Subsections (3)(b) and (c), a local school board may not
1034 hold a public meeting outside of the geographic boundary of the local school board's school
1035 district.
1036 (b) A local school board may hold a public meeting outside of the geographic boundary
1037 of the local school board's school district if it is necessary for the local school board to hold a
1038 meeting during a disaster or local emergency.
1039 (c) A local school board may hold a public meeting outside of the geographic boundary
1040 of the local school board's school district to conduct a site visit if:
1041 (i) the location of the site visit provides the local school board members the
1042 opportunity to see or experience an activity that:
1043 (A) relates to the local school board's responsibilities; and
1044 (B) does not exist within the geographic boundaries of the local school board's school
1045 district; and
1046 (ii) the local school board does not vote or take other action during the public meeting
1047 held at the site visit location.
1048 (d) This Subsection (3) does not apply to a charter school governing board.
1049 (4) The requirements of this section do not affect a local school board's duty to comply
1050 with Title 52, Chapter 4, Open and Public Meetings Act.
1051 (5) (a) Except as provided in Subsection (5)(b), a local school board may not expel a
1052 member of the local school board from an open public meeting or prohibit the member from
1053 attending an open public meeting.
1054 (b) Except as provided in Subsection (5)(c), following a two-thirds vote of the
1055 members of the local school board, the local school board may fine or expel a member of the
1056 local school board for:
1057 (i) disorderly conduct at the open public meeting;
1058 (ii) a member's direct or indirect financial conflict of interest regarding an issue
1059 discussed at or action proposed to be taken at the open public meeting; or
1060 (iii) a commission of a crime during the open public meeting.
1061 (c) A local school board may adopt [
1062 reasons or establish more restrictive procedures for the expulsion of a member from a public
1063 meeting.
1064 Section 16. Section 53G-4-203 is amended to read:
1065 53G-4-203. Election of officers -- Terms -- Time of election -- Removal of officers
1066 -- Quorum requirements.
1067 (1) A local school board shall elect a president and a [
1068 whose terms of office are for two years and until their successors are elected.
1069 (2) The elections shall be held during the first local school board meeting in January
1070 following a regular local school board election held in the district.
1071 (3) An officer appointed or elected by a local school board may be removed from
1072 office for cause by a vote of two-thirds of the local school board.
1073 (4) When a vacancy occurs in the office of president or vice president of the local
1074 school board for any reason, a replacement shall be elected for the unexpired term.
1075 (5) Attendance of a simple majority of the local school board members constitutes a
1076 quorum for the transaction of official business.
1077 Section 17. Section 53G-4-204 is amended to read:
1078 53G-4-204. Compensation for services -- Additional per diem -- Approval of
1079 expenses.
1080 (1) Each member of a local school board, except the student member, shall receive
1081 compensation for services and for necessary expenses in accordance with [
1082 compensation schedules adopted by the local school board in accordance with the provisions of
1083 this section.
1084 (2) Beginning on July 1, 2007, if a local school board decides to adopt or amend its
1085 [
1086 hearing at which all interested persons shall be given an opportunity to be heard.
1087 (3) Notice of the time, place, and purpose of the meeting shall be provided at least
1088 seven days prior to the meeting by:
1089 (a) (i) publication at least once in a newspaper published in the county where the
1090 school district is situated and generally circulated within the school district; and
1091 (ii) publication on the Utah Public Notice Website created in Section 63F-1-701; and
1092 (b) posting a notice:
1093 (i) at each school within the school district;
1094 (ii) in at least three other public places within the school district; and
1095 (iii) on the Internet in a manner that is easily accessible to citizens that use the Internet.
1096 (4) After the conclusion of the public hearing, the local school board may adopt or
1097 amend its [
1098 (5) Each member shall submit an itemized account of necessary travel expenses for
1099 local school board approval.
1100 (6) A local school board may, without following the procedures described in
1101 Subsections (2) and (3), continue to use the compensation schedule that was in effect prior to
1102 July 1, 2007, until, at the discretion of the local school board, the compensation schedule is
1103 amended or a new compensation schedule is adopted.
1104 Section 18. Section 53G-4-205 is amended to read:
1105 53G-4-205. Duties of president.
1106 (1) The president of each local school board shall preside at all meetings of the local
1107 school board, appoint all committees, and sign all warrants ordered by the local school board to
1108 be drawn upon the business administrator for school money.
1109 (2) If the president is absent or acquires a disability, these duties are performed by the
1110 vice president.
1111 Section 19. Section 53G-4-303 is amended to read:
1112 53G-4-303. Duties of business administrator.
1113 Subject to the direction of the district superintendent of schools, the district's business
1114 administrator shall:
1115 (1) attend all meetings of the local school board, keep an accurate record of its
1116 proceedings, and have custody of the seal and records;
1117 (2) be custodian of all district funds, be responsible and accountable for all money
1118 received and disbursed, and keep accurate records of all revenues received and their sources;
1119 (3) countersign with the president of the local school board all warrants and claims
1120 against the district as well as other legal documents approved by the local school board;
1121 (4) prepare and submit to the local school board each month a written report of the
1122 district's receipts and expenditures;
1123 (5) use uniform budgeting, accounting, and auditing procedures and forms approved by
1124 the [
1125 accepted accounting principles or auditing standards and Title 63J, Chapter 1, Budgetary
1126 Procedures Act;
1127 (6) prepare and submit to the local school board a detailed annual statement for the
1128 period ending June 30, of the revenue and expenditures, including beginning and ending fund
1129 balances;
1130 (7) assist the superintendent in the preparation and submission of budget documents
1131 and statistical and fiscal reports required by law or the [
1132 (8) insure that adequate internal controls are in place to safeguard the district's funds;
1133 and
1134 (9) perform other duties as the superintendent may require.
1135 Section 20. Section 53G-4-304 is amended to read:
1136 53G-4-304. Other local school board officers.
1137 (1) A local school board may appoint other necessary officers who serve at the pleasure
1138 of the local school board.
1139 (2) These officers shall qualify by taking the constitutional oath of office before
1140 assuming office.
1141 Section 21. Section 53G-4-401 is amended to read:
1142 53G-4-401. Local school boards are bodies corporate -- Seal -- Authority to sue --
1143 Conveyance of property -- Duty to residents of the local school board member's district --
1144 Establishment of public education foundation .
1145 (1) As used in this section, "body corporate" means a public corporation and legal
1146 subdivision of the state, vested with the powers and duties of a government entity as specified
1147 in this chapter.
1148 (2) The local school board [
1149 the name of the "Board of Education of .......... School District" (inserting the proper name), and
1150 shall have an official seal conformable to its name.
1151 (3) The seal is used by its business administrator in the authentication of all required
1152 matters.
1153 (4) A local school board may sue and be sued, and may take, hold, lease, sell, and
1154 convey real and personal property as the interests of the schools may require.
1155 (5) Notwithstanding a local school board's status as a body corporate, an elected
1156 member of a local school board serves and represents the residents of the local school board
1157 member's district, and that service and representation may not be restricted or impaired by the
1158 local school board member's membership on, or obligations to, the local school board.
1159 (6) A local school board may establish a foundation in accordance with Section
1160 53E-3-403.
1161 Section 22. Section 53G-4-402 is amended to read:
1162 53G-4-402. Powers and duties generally.
1163 (1) A local school board shall:
1164 (a) implement the core standards for Utah public schools using instructional materials
1165 that best correlate to the core standards for Utah public schools and graduation requirements;
1166 (b) administer tests, required by the [
1167 measure the progress of each student, and coordinate with the state superintendent and [
1168
1169 progress, which shall be submitted to the [
1170 (c) use progress-based assessments as part of a plan to identify schools, teachers, and
1171 students that need remediation and determine the type and amount of federal, state, and local
1172 resources to implement remediation;
1173 (d) develop early warning systems for students or classes failing to make progress;
1174 (e) work with the [
1175 documented best practices, consistent with state and federal regulations, for use by the local
1176 districts; and
1177 (f) implement training programs for school administrators, including basic
1178 management training, best practices in instructional methods, budget training, staff
1179 management, managing for learning results and continuous improvement, and how to help
1180 every child achieve optimal learning in basic academic subjects.
1181 (2) Local school boards shall spend [
1182 Program funds for programs and activities for which the [
1183 has established minimum standards or rules under Section 53E-3-501.
1184 (3) (a) A local school board may purchase, sell, and make improvements on school
1185 sites, buildings, and equipment and construct, erect, and furnish school buildings.
1186 (b) School sites or buildings may only be conveyed or sold on local school board
1187 resolution affirmed by at least two-thirds of the members.
1188 (4) (a) A local school board may participate in the joint construction or operation of a
1189 school attended by children residing within the district and children residing in other districts
1190 either within or outside the state.
1191 (b) Any agreement for the joint operation or construction of a school shall:
1192 (i) be signed by the president of the local school board of each participating district;
1193 (ii) include a mutually agreed upon pro rata cost; and
1194 (iii) be filed with the [
1195 (5) A local school board may establish, locate, and maintain elementary, secondary,
1196 and applied technology schools.
1197 (6) Except as provided in Section 53E-3-905, a local school board may enroll children
1198 in school who are at least five years of age before September 2 of the year in which admission
1199 is sought.
1200 (7) A local school board may establish and support school libraries.
1201 (8) A local school board may collect damages for the loss, injury, or destruction of
1202 school property.
1203 (9) A local school board may authorize guidance and counseling services for children
1204 and their parents [
1205 schools.
1206 (10) (a) A local school board shall administer and implement federal educational
1207 programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National
1208 Education Programs.
1209 (b) Federal funds are not considered funds within the school district budget under
1210 Chapter 7, Part 3, Budgets.
1211 (11) (a) A local school board may organize school safety patrols and adopt [
1212 policies under which the patrols promote student safety.
1213 (b) A student appointed to a safety patrol shall be at least 10 years old and have written
1214 parental consent for the appointment.
1215 (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
1216 of a highway intended for vehicular traffic use.
1217 (d) Liability may not attach to a school district, its employees, officers, or agents or to a
1218 safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
1219 the program by virtue of the organization, maintenance, or operation of a school safety patrol.
1220 (12) (a) A local school board may on its own behalf, or on behalf of an educational
1221 institution for which the local school board is the direct governing body, accept private grants,
1222 loans, gifts, endowments, devises, or bequests that are made for educational purposes.
1223 (b) These contributions are not subject to appropriation by the Legislature.
1224 (13) (a) A local school board may appoint and fix the compensation of a compliance
1225 officer to issue citations for violations of Subsection 76-10-105(2).
1226 (b) A person may not be appointed to serve as a compliance officer without the
1227 person's consent.
1228 (c) A teacher or student may not be appointed as a compliance officer.
1229 (14) A local school board shall adopt bylaws and [
1230 board's own procedures.
1231 (15) (a) A local school board shall make and enforce [
1232 control and management of the district schools.
1233 (b) [
1234 referenced for public access.
1235 (16) A local school board may hold school on legal holidays other than Sundays.
1236 (17) (a) A local school board shall establish for each school year a school traffic safety
1237 committee to implement this Subsection (17).
1238 (b) The committee shall be composed of one representative of:
1239 (i) the schools within the district;
1240 (ii) the Parent Teachers' Association of the schools within the district;
1241 (iii) the municipality or county;
1242 (iv) state or local law enforcement; and
1243 (v) state or local traffic safety engineering.
1244 (c) The committee shall:
1245 (i) receive suggestions from school community councils, parents, teachers, and others
1246 and recommend school traffic safety improvements, boundary changes to enhance safety, and
1247 school traffic safety program measures;
1248 (ii) review and submit annually to the Department of Transportation and affected
1249 municipalities and counties a child access routing plan for each elementary, middle, and junior
1250 high school within the district;
1251 (iii) consult the Utah Safety Council and the Division of Family Health Services and
1252 provide training to all school children in kindergarten through grade [
1253 on school crossing safety and use; and
1254 (iv) help ensure the district's compliance with rules made by the Department of
1255 Transportation under Section 41-6a-303.
1256 (d) The committee may establish subcommittees as needed to assist in accomplishing
1257 its duties under Subsection (17)(c).
1258 (18) (a) A local school board shall adopt and implement a comprehensive emergency
1259 response plan to prevent and combat violence in the local school board's public schools, on
1260 school grounds, on its school vehicles, and in connection with school-related activities or
1261 events.
1262 (b) The plan shall:
1263 (i) include prevention, intervention, and response components;
1264 (ii) be consistent with the student conduct and discipline policies required for school
1265 districts under Chapter 11, Part 2, Miscellaneous Requirements;
1266 (iii) require inservice training for all district and school building staff on what their
1267 roles are in the emergency response plan;
1268 (iv) provide for coordination with local law enforcement and other public safety
1269 representatives in preventing, intervening, and responding to violence in the areas and activities
1270 referred to in Subsection (18)(a); and
1271 (v) include procedures to notify a student, to the extent practicable, who is off campus
1272 at the time of a school violence emergency because the student is:
1273 (A) participating in a school-related activity; or
1274 (B) excused from school for a period of time during the regular school day to
1275 participate in religious instruction at the request of the student's parent [
1276 (c) The [
1277
1278 school boards may use, where appropriate, to comply with Subsection (18)(a).
1279 (d) A local school board shall, by July 1 of each year, certify to the [
1280
1281 reviewed by its teachers, administrators, students, and their parents and local law enforcement
1282 and public safety representatives.
1283 (19) (a) A local school board may adopt an emergency response plan for the treatment
1284 of sports-related injuries that occur during school sports practices and events.
1285 (b) The plan may be implemented by each secondary school in the district that has a
1286 sports program for students.
1287 (c) The plan may:
1288 (i) include emergency personnel, emergency communication, and emergency
1289 equipment components;
1290 (ii) require inservice training on the emergency response plan for school personnel who
1291 are involved in sports programs in the district's secondary schools; and
1292 (iii) provide for coordination with individuals and agency representatives who:
1293 (A) are not employees of the school district; and
1294 (B) would be involved in providing emergency services to students injured while
1295 participating in sports events.
1296 (d) The local school board, in collaboration with the schools referred to in Subsection
1297 (19)(b), may review the plan each year and make revisions when required to improve or
1298 enhance the plan.
1299 (e) The [
1300
1301 that local school boards may use to comply with the requirements of this Subsection (19).
1302 (20) A local school board shall do all other things necessary for the maintenance,
1303 prosperity, and success of the schools and the promotion of education.
1304 (21) (a) Before closing a school or changing the boundaries of a school, a local school
1305 board shall:
1306 (i) hold a public hearing, as defined in Section 10-9a-103; and
1307 (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
1308 (b) The notice of a public hearing required under Subsection (21)(a) shall:
1309 (i) indicate the:
1310 (A) school or schools under consideration for closure or boundary change; and
1311 (B) date, time, and location of the public hearing; and
1312 (ii) at least 10 days before the public hearing, be:
1313 (A) published:
1314 (I) in a newspaper of general circulation in the area; and
1315 (II) on the Utah Public Notice Website created in Section 63F-1-701; and
1316 (B) posted in at least three public locations within the municipality or on the district's
1317 official website.
1318 (22) A local school board may implement a facility energy efficiency program
1319 established under Title 11, Chapter 44, Performance Efficiency Act.
1320 (23) A local school board may establish or partner with a certified youth court
1321 program, in accordance with Section 78A-6-1203, or establish or partner with a comparable
1322 restorative justice program, in coordination with schools in that district. A school may refer a
1323 student to youth court or a comparable restorative justice program in accordance with Section
1324 53G-8-211.
1325 Section 23. Section 53G-4-403 is amended to read:
1326 53G-4-403. School district fiscal year -- Statistical reports.
1327 (1) A school district's fiscal year begins on July 1 and ends on June 30.
1328 (2) (a) A school district shall forward statistical reports for the preceding school year,
1329 containing items required by law or by the [
1330 superintendent on or before November 1 of each year.
1331 (b) The reports shall include information to enable the state superintendent to complete
1332 the statement required under Subsection 53E-3-301(3)(d)(v).
1333 (3) A school district shall forward the accounting report required under Section
1334 51-2a-201 to the state superintendent on or before October 15 of each year.
1335 Section 24. Section 53G-4-404 is amended to read:
1336 53G-4-404. Annual financial report -- Audit report.
1337 (1) The annual financial report of each school district, containing items required by law
1338 or by the [
1339 be prepared as required by Section 51-2a-201.
1340 (2) If auditors are employed under Section 51-2a-201, the auditors shall complete their
1341 field work in sufficient time to allow them to verify necessary audit adjustments included in the
1342 annual financial report to the state superintendent.
1343 (3) (a) (i) The district shall forward the annual financial report to the state
1344 superintendent not later than October 1.
1345 (ii) The report shall include information to enable the state superintendent to complete
1346 the statement required under Subsection 53E-3-301(3)(d)(v).
1347 (b) The [
1348 report on the Internet not later than December 15.
1349 (4) The completed audit report shall be delivered to the school district local school
1350 board [
1351 November 30 of each year.
1352 Section 25. Section 53G-4-405 is amended to read:
1353 53G-4-405. Approval of purchases or indebtedness -- Local school board
1354 approval of identified purchases.
1355 (1) An officer or employee of a school district may not make a purchase or incur
1356 indebtedness on behalf of the district without the approval and order of the local school board.
1357 (2) The local school board shall adopt one of the following approval methods, or a
1358 combination of the two:
1359 (a) The local school board shall approve an appropriation for identified purchases in
1360 the district budget. Each purchase made under an identified purchase does not require
1361 additional local school board approval.
1362 (b) The local school board shall approve individual purchases when made throughout
1363 the fiscal year.
1364 Section 26. Section 53G-4-406 is amended to read:
1365 53G-4-406. Claims against the local school board -- Itemized.
1366 Except for salary which is regularly authorized by the local school board, the local
1367 school board may not hear or consider any claim against the local school board which is not
1368 itemized.
1369 Section 27. Section 53G-4-409 is amended to read:
1370 53G-4-409. Activity disclosure statements.
1371 (1) A local school board shall require the development of activity disclosure statements
1372 for each school-sponsored group or program which involves students and faculty in grades 9
1373 through 12 in contests, performances, events, or other activities that require them to miss
1374 normal class time or takes place outside regular school time.
1375 (2) The activity disclosure statements shall be disseminated to the students desiring
1376 involvement in the specific activity or to the students' parents [
1377 students and their parents.
1378 (3) An activity disclosure statement shall contain the following information:
1379 (a) the specific name of the team, group, or activity;
1380 (b) the maximum number of students involved;
1381 (c) whether or not tryouts are used to select students, specifying date and time
1382 requirements for tryouts, if applicable;
1383 (d) beginning and ending dates of the activity;
1384 (e) a tentative schedule of the events, performances, games, or other activities with
1385 dates, times, and places specified if available;
1386 (f) if applicable, designation of any nonseason events or activities, including an
1387 indication of the status, required, expected, suggested, or optional, with the dates, times, and
1388 places specified;
1389 (g) personal costs associated with the activity;
1390 (h) the name of the school employee responsible for the activity; and
1391 (i) any additional information considered important for the students and parents to
1392 know.
1393 Section 28. Section 53G-4-410 is amended to read:
1394 53G-4-410. Regional service centers.
1395 (1) For purposes of this section, "eligible regional service center" means a regional
1396 service center formed by two or more school districts as an interlocal entity, in accordance with
1397 Title 11, Chapter 13, Interlocal Cooperation Act.
1398 (2) The Legislature strongly encourages school districts to collaborate and cooperate to
1399 provide educational services in a manner that will best utilize resources for the overall
1400 operation of the public education system.
1401 (3) An eligible regional service center formed by an interlocal agreement, in
1402 accordance with Title 11, Chapter 13, Interlocal Cooperation Act, may receive a distribution
1403 described in Subsection (5) if the Legislature appropriates money for eligible regional service
1404 centers.
1405 (4) (a) If local school boards enter into an interlocal agreement to confirm or formalize
1406 a regional service center in operation before July 1, 2011, the interlocal agreement may not
1407 eliminate any rights or obligations of the regional service center in effect before entering into
1408 the interlocal agreement.
1409 (b) An interlocal agreement entered into to confirm or formalize an existing regional
1410 service center shall have the effect of confirming and ratifying in the regional service center,
1411 the title to any property held in the name, or for the benefit of the regional service center as of
1412 the effective date of the interlocal agreement.
1413 (5) (a) The [
1414 appropriated to eligible regional service centers as provided by the Legislature.
1415 (b) The [
1416 regional service center in addition to legislative appropriations.
1417 (6) [
1418
1419 service centers including:
1420 (a) the distribution of legislative appropriations to eligible regional service centers;
1421 (b) the designation of eligible regional service centers as agents to distribute Utah
1422 Education and Telehealth Network services; and
1423 (c) the designation of eligible regional service centers as agents for regional
1424 coordination of public education and higher education services.
1425 Section 29. Section 53G-4-502 is amended to read:
1426 53G-4-502. Utah School Boards Association.
1427 The Utah School Boards Association is recognized as an organization and agency of the
1428 local school boards of Utah and is representative of those local school boards.
1429 Section 30. Section 53G-4-503 is amended to read:
1430 53G-4-503. Boards of education authorized to become members of association.
1431 The [
1432 become members of the Utah School Boards Association and cooperate with the association
1433 and its members on activities and problems relating to the state's educational system.
1434 Section 31. Section 53G-4-602 is amended to read:
1435 53G-4-602. School district tax anticipation notes.
1436 (1) A local school board may borrow money in anticipation of the collection of taxes or
1437 other revenue of the school district so long as it complies with Title 11, Chapter 14, Local
1438 Government Bonding Act.
1439 (2) The local school board may incur indebtedness under this section for any purpose
1440 for which district funds may be expended, but not in excess of the estimated district revenues
1441 for the current school year.
1442 (3) Revenues include all revenues of the district from the state or any other source.
1443 (4) The district may incur the indebtedness prior to imposing or collecting the taxes or
1444 receiving the revenues. The indebtedness bears interest at the lowest obtainable rate or rates.
1445 Section 32. Section 53G-4-604 is amended to read:
1446 53G-4-604. Consolidated school district bonds.
1447 (1) A consolidated county school district may issue bonds, without an election, to fund,
1448 purchase, or redeem the district's outstanding indebtedness if the debt was incurred prior to
1449 consolidation and assumed by the consolidated school district.
1450 (2) The legality, regularity, and validity of the outstanding indebtedness shall be
1451 determined in the same manner used to determine the validity of other bonds to be refunded by
1452 the local school board.
1453 Section 33. Section 53G-4-605 is amended to read:
1454 53G-4-605. Testing validity of bonds to be refunded -- Procedure.
1455 If considered advisable by the local school board, the validity of any bonds intended to
1456 be refunded may be determined in the following manner:
1457 (1) The local school board shall:
1458 (a) publish a notice describing with sufficient particularity for identification the bond
1459 or bonds intended to be refunded:
1460 (i) once a week for two successive weeks in a newspaper published in the school
1461 district; and
1462 (ii) as required in Section 45-1-101; and
1463 (b) post a notice for two successive weeks in three public and conspicuous places
1464 describing with sufficient particularity for identification the bond or bonds intended to be
1465 refunded.
1466 (2) The notice shall require any person objecting to the legality, regularity, or validity
1467 of the bonds, their issue or sale, or the indebtedness represented by the bonds, to appear before
1468 the local school board at a specified place within the district on a specified day and time.
1469 (3) The time may not be less than 14 nor more than 60 days after the first publication
1470 or posting of the notice.
1471 (4) The notice shall require the person to appear at the meeting with his objections in
1472 writing, duly verified.
1473 (5) The local school board shall convene at the time and place specified in the notice
1474 and receive all objections as prescribed in Subsection (4).
1475 (6) The objections shall be filed with and preserved by the local school board.
1476 (7) If no written objections are presented at the time and place specified in the notice,
1477 the local school board shall so certify.
1478 (8) All persons are then prohibited from questioning in any manner or proceeding the
1479 legality, regularity, or validity of the bond or bonds, their issue or sale, or the indebtedness
1480 represented by the bonds, and the local school board may then refund the bonds.
1481 (9) Any person filing a written objection under Subsection (4) shall, within 20 days
1482 after the filing, commence appropriate legal proceedings against the local school board and
1483 others as may be proper parties, in the district court for the county in which the school district
1484 is situated, to challenge and determine the legality, regularity, and validity of the bond or
1485 bonds, their issue and sale, or the indebtedness represented by them.
1486 (10) Failure to commence the proceedings within 20 days bars the person filing
1487 objections from questioning, in any manner or proceeding, the legality, regularity, or validity of
1488 the bond or bonds, their issue or sale, or the indebtedness represented by the bonds.
1489 (11) Upon proof of failure to commence proceedings, by certificate of the clerk of the
1490 court, the local school board may refund the bonds.
1491 Section 34. Section 53G-4-606 is amended to read:
1492 53G-4-606. Sinking fund -- Investment.
1493 (1) The money levied and collected to create a sinking fund for the redemption of
1494 bonds issued by a local school board shall be immediately credited to a special fund.
1495 (2) After retaining an amount sufficient to pay the principal of the bonds maturing
1496 during the year, the local school board shall invest the fund and any surplus as provided under
1497 Title 51, Chapter 7, State Money Management Act.
1498 Section 35. Section 53G-4-801 is amended to read:
1499 53G-4-801. Definitions.
1500 [
1501
1502 [
1503 effective date of this part.
1504 [
1505 established by this part.
1506 [
1507 indebtedness, or other obligation of a local school board payable in whole or in part from
1508 revenues derived from ad valorem taxes and that constitutes an indebtedness within the
1509 meaning of any applicable constitutional or statutory debt limitation.
1510 [
1511 board for a bond issue who is:
1512 (a) duly qualified; and
1513 (b) acceptable to the state treasurer.
1514 [
1515 Constitution, Article X, Section 5(1).
1516 [
1517 board for the purpose of refunding its outstanding general obligation bonds.
1518 [
1519 laws of the state.
1520 Section 36. Section 53G-4-802 is amended to read:
1521 53G-4-802. Contract with bondholders -- Full faith and credit of state is pledged
1522 -- Limitation as to certain refunded bonds.
1523 (1) (a) The state of Utah pledges to and agrees with the holders of any bonds that the
1524 state will not alter, impair, or limit the rights vested by the default avoidance program with
1525 respect to the bonds until the bonds, together with applicable interest, are fully paid and
1526 discharged.
1527 (b) Notwithstanding Subsection (1)(a), nothing contained in this part precludes an
1528 alteration, impairment, or limitation if adequate provision is made by law for the protection of
1529 the holders of the bonds.
1530 (c) Each local school board may refer to this pledge and undertaking by the state in its
1531 bonds.
1532 (2) (a) The full faith and credit and unlimited taxing power of the state is pledged to
1533 guarantee full and timely payment of the principal of (either at the stated maturity or by any
1534 advancement of maturity pursuant to a mandatory sinking fund payment) and interest on, bonds
1535 as such payments shall become due (except that in the event of any acceleration of the due date
1536 of such principal by reason of mandatory or optional redemption or acceleration resulting from
1537 default of otherwise, other than any advancement of maturity pursuant to a mandatory sinking
1538 fund payment, the payments guaranteed shall be made in such amounts and at such times as
1539 such payments of principal would have been due had there not been any such acceleration).
1540 (b) This guaranty does not extend to the payment of any redemption premium.
1541 (c) Reference to this part by its title on the face of any bond conclusively establishes
1542 the guaranty provided to that bond under provisions of this part.
1543 (3) (a) Any bond guaranteed under this part that is refunded and considered paid for the
1544 purposes of and within the meaning of Subsection 11-27-3(6), no longer has the benefit of the
1545 guaranty provided by this part from and after the date on which that bond was considered to be
1546 paid.
1547 (b) Any refunding bond issued by a local school board that is itself secured by
1548 government obligations until the proceeds are applied to pay refunded bonds, as provided in
1549 Title 11, Chapter 27, Utah Refunding Bond Act, is not guaranteed under the provisions of this
1550 part, until the refunding bonds cease to be secured by government obligations as provided in
1551 Title 11, Chapter 27, Utah Refunding Bond Act.
1552 (4) Only validly issued bonds issued after the effective date of this part are guaranteed
1553 under this part.
1554 Section 37. Section 53G-4-803 is amended to read:
1555 53G-4-803. Program eligibility -- Option to forego guaranty.
1556 (1) (a) Any local school board may request that the state treasurer issue a certificate
1557 evidencing eligibility for the state's guaranty under this part.
1558 (b) After reviewing the request, if the state treasurer determines that the local school
1559 board is eligible, the state treasurer shall promptly issue the certificate and provide it to the
1560 requesting local school board.
1561 (c) (i) The local school board receiving the certificate and all other persons may rely on
1562 the certificate as evidencing eligibility for the guaranty for one year from and after the date of
1563 the certificate, without making further inquiry of the state treasurer during that year.
1564 (ii) The certificate of eligibility is valid for one year even if the state treasurer later
1565 determines that the local school board is ineligible.
1566 (2) Any local school board that chooses to forego the benefits of the guaranty provided
1567 by this part for a particular issue of bonds may do so by not referring to this part on the face of
1568 its bonds.
1569 (3) Any local school board that has bonds, the principal of or interest on which has
1570 been paid, in whole or in part, by the state under this part may not issue any additional bonds
1571 guaranteed by this act until:
1572 (a) all payment obligations of the local school board to the state under the default
1573 avoidance program are satisfied; and
1574 (b) the state treasurer and the state superintendent [
1575 writing, to be kept on file by the state treasurer and the state superintendent, that the local
1576 school board is fiscally solvent.
1577 (4) Bonds not guaranteed by this part are not included in the definition of "bonds" in
1578 Section 53G-4-802 as used generally in this part and are not subject to the requirements of and
1579 do not receive the benefits of this part.
1580 Section 38. Section 53G-4-804 is amended to read:
1581 53G-4-804. Fiscal solvency of school districts -- Duties of state treasurer and
1582 attorney general.
1583 (1) The state superintendent [
1584 (a) monitor the financial affairs and condition of each local school board in the state to
1585 evaluate each local school board's financial solvency; and
1586 (b) report immediately to the governor and state treasurer any circumstances suggesting
1587 that a school district will be unable to timely meet its debt service obligations and recommend
1588 a course of remedial action.
1589 (2) (a) The state treasurer shall determine whether [
1590 condition of a local school board are such that it would be imprudent for the state to guarantee
1591 the bonds of that local school board.
1592 (b) If the state treasurer determines that the state should not guarantee the bonds of that
1593 local school board, the state treasurer shall:
1594 (i) prepare a determination of ineligibility; and
1595 (ii) keep it on file in the office of the state treasurer.
1596 (c) The state treasurer may remove a local school board from the status of ineligibility
1597 when a subsequent report or other information made available to the state treasurer evidences
1598 that it is no longer imprudent for the state to guarantee the bonds of that local school board.
1599 (3) Nothing in this section affects the state's guaranty of bonds of a local school board
1600 issued:
1601 (a) before determination of ineligibility;
1602 (b) after the eligibility of the local school board is restored; or
1603 (c) under a certificate of eligibility issued under Section 53G-4-803.
1604 Section 39. Section 53G-4-805 is amended to read:
1605 53G-4-805. Business administrator duties -- Paying agent to provide notice --
1606 State treasurer to execute transfer to paying agents -- Effect of transfer.
1607 (1) (a) The business administrator of each local school board with outstanding, unpaid
1608 bonds shall transfer money sufficient for the scheduled debt service payment to its paying agent
1609 at least 15 days before any principal or interest payment date for the bonds.
1610 (b) The paying agent may, if instructed to do so by the business administrator, invest
1611 the money at the risk and for the benefit of the local school board until the payment date.
1612 (c) A business administrator who is unable to transfer the scheduled debt service
1613 payment to the paying agent 15 days before the payment date shall immediately notify the
1614 paying agent and the state treasurer by:
1615 (i) telephone;
1616 (ii) a writing sent by facsimile transmission; and
1617 (iii) a writing sent by first-class United States mail.
1618 (2) If sufficient funds are not transferred to the paying agent as required by Subsection
1619 (1), the paying agent shall notify the state treasurer of that failure in writing at least 10 days
1620 before the scheduled debt service payment date by:
1621 (a) telephone;
1622 (b) a writing sent by facsimile transmission; and
1623 (c) a writing sent by first-class United States mail.
1624 (3) (a) If sufficient money to pay the scheduled debt service payment has not been
1625 transferred to the paying agent, the state treasurer shall, on or before the scheduled payment
1626 date, transfer sufficient money to the paying agent to make the scheduled debt service payment.
1627 (b) The payment by the treasurer:
1628 (i) discharges the obligation of the issuing local school board to its bondholders for the
1629 payment; and
1630 (ii) transfers the rights represented by the general obligation of the local school board
1631 from the bondholders to the state.
1632 (c) The local school board shall pay the transferred obligation to the state as provided
1633 in this part.
1634 Section 40. Section 53G-4-806 is amended to read:
1635 53G-4-806. State financial assistance intercept mechanism -- State treasurer
1636 duties -- Interest and penalty provisions.
1637 (1) (a) If one or more payments on bonds are made by the state treasurer as provided in
1638 Section 53G-4-805, the state treasurer shall:
1639 (i) immediately intercept any payments from the Uniform School Fund or from any
1640 other source of operating money provided by the state to the local school board that issued the
1641 bonds that would otherwise be paid to the local school board by the state; and
1642 (ii) apply the intercepted payments to reimburse the state for payments made pursuant
1643 to the state's guaranty until all obligations of the local school board to the state arising from
1644 those payments, including interest and penalties, are paid in full.
1645 (b) The state has no obligation to the local school board or to any person or entity to
1646 replace any money intercepted under authority of Subsection (1)(a).
1647 (2) The local school board that issued bonds for which the state has made all or part of
1648 a debt service payment shall:
1649 (a) reimburse all money drawn by the state treasurer on its behalf;
1650 (b) pay interest to the state on all money paid by the state from the date the money was
1651 drawn to the date they are repaid at a rate not less than the average prime rate for national
1652 money center banks plus 1%; and
1653 (c) pay all penalties required by this part.
1654 (3) (a) The state treasurer shall establish the reimbursement interest rate after
1655 considering the circumstances of any prior draws by the local school board on the state, market
1656 interest and penalty rates, and the cost of funds, if any, that were required to be borrowed by
1657 the state to make payment on the bonds.
1658 (b) The state treasurer may, after considering the circumstances giving rise to the
1659 failure of the local school board to make payment on its bonds in a timely manner, impose on
1660 the local school board a penalty of not more than 5% of the amount paid by the state pursuant
1661 to its guaranty for each instance in which a payment by the state is made.
1662 (4) (a) (i) If the state treasurer determines that amounts obtained under this section will
1663 not reimburse the state in full within one year from the state's payment of a local school board's
1664 scheduled debt service payment, the state treasurer shall pursue any legal action, including
1665 mandamus, against the local school board to compel it to:
1666 (A) levy and provide property tax revenues to pay debt service on its bonds when due
1667 as required by Title 11, Chapter 14, Local Government Bonding Act; and
1668 (B) meet its repayment obligations to the state.
1669 (ii) In pursuing its rights under this Subsection (4)(a), the state shall have the same
1670 substantive and procedural rights under Title 11, Chapter 14, Local Government Bonding Act,
1671 as would a holder of the bonds of a local school board.
1672 (b) The attorney general shall assist the state treasurer in these duties.
1673 (c) The local school board shall pay the attorney's fees, expenses, and costs of the state
1674 treasurer and the attorney general.
1675 (5) (a) Except as provided in Subsection (5)(c), any local school board whose operating
1676 funds were intercepted under this section may replace those funds from other local school
1677 board money or from ad valorem property taxes, subject to the limitations provided in this
1678 Subsection (5).
1679 (b) A local school board may use ad valorem property taxes or other money to replace
1680 intercepted funds only if the ad valorem property taxes or other money was derived from:
1681 (i) taxes originally levied to make the payment but which were not timely received by
1682 the local school board;
1683 (ii) taxes from a special levy made to make the missed payment or to replace the
1684 intercepted money;
1685 (iii) money transferred from the capital outlay fund of the local school board or the
1686 undistributed reserve, if any, of the local school board; or
1687 (iv) any other source of money on hand and legally available.
1688 (c) Notwithstanding the provisions of Subsections (5)(a) and (b), a local school board
1689 may not replace operating funds intercepted by the state with money collected and held to make
1690 payments on bonds if that replacement would divert money from the payment of future debt
1691 service on the bonds and increase the risk that the state's guaranty would be called upon a
1692 second time.
1693 Section 41. Section 53G-4-807 is amended to read:
1694 53G-4-807. Backup liquidity arrangements -- Issuance of notes.
1695 (1) (a) If, at the time the state is required to make a debt service payment under its
1696 guaranty on behalf of a local school board, sufficient money of the state is not on hand and
1697 available for that purpose, the state treasurer may:
1698 (i) seek a loan from the Permanent School Fund sufficient to make the required
1699 payment; or
1700 (ii) issue state debt as provided in Subsection (2).
1701 (b) Nothing in this Subsection (1) requires the Permanent School Fund to lend money
1702 to the state treasurer.
1703 (2) (a) The state treasurer may issue state debt in the form of general obligation notes
1704 to meet its obligations under this part.
1705 (b) The amount of notes issued may not exceed the amount necessary to make payment
1706 on all bonds with respect to which the notes are issued plus all costs of issuance, sale, and
1707 delivery of the notes, rounded up to the nearest natural multiple of $5,000.
1708 (c) Each series of notes issued may not mature later than 18 months from the date the
1709 notes are issued.
1710 (d) Notes issued may be refunded using the procedures set forth in this part for the
1711 issuance of notes, in an amount not more than the amount necessary to pay principal of and
1712 accrued but unpaid interest on any refunded notes plus all costs of issuance, sale, and delivery
1713 of the refunding notes, rounded up to the nearest natural multiple of $5,000.
1714 (e) Each series of refunding notes may not mature later than 18 months from the date
1715 the refunding notes are issued.
1716 (3) (a) Before issuing or selling any general obligation note to other than a state fund or
1717 account, the state treasurer shall:
1718 (i) prepare a written plan of financing; and
1719 (ii) file it with the governor.
1720 (b) The plan of financing shall provide for:
1721 (i) the terms and conditions under which the notes will be issued, sold, and delivered;
1722 (ii) the taxes or revenues to be anticipated;
1723 (iii) the maximum amount of notes that may be outstanding at any one time under the
1724 plan of financing;
1725 (iv) the sources of payment of the notes;
1726 (v) the rate or rates of interest, if any, on the notes or a method, formula, or index under
1727 which the interest rate or rates on the notes may be determined during the time the notes are
1728 outstanding; and
1729 (vi) all other details relating to the issuance, sale, and delivery of the notes.
1730 (c) In identifying the taxes or revenues to be anticipated and the sources of payment of
1731 the notes in the financing plan, the state treasurer may include:
1732 (i) the taxes authorized by Section 53G-4-808;
1733 (ii) the intercepted revenues authorized by Section 53G-4-806;
1734 (iii) the proceeds of refunding notes; or
1735 (iv) any combination of Subsections (3)(c)(i), (ii), and (iii).
1736 (d) The state treasurer may include in the plan of financing the terms and conditions of
1737 arrangements entered into by the state treasurer on behalf of the state with financial and other
1738 institutions for letters of credit, standby letters of credit, reimbursement agreements, and
1739 remarketing, indexing, and tender agent agreements to secure the notes, including payment
1740 from any legally available source of fees, charges, or other amounts coming due under the
1741 agreements entered into by the state treasurer.
1742 (e) When issuing the notes, the state treasurer shall issue an order setting forth the
1743 interest, form, manner of execution, payment, manner of sale, prices at, above, or below face
1744 value, and all details of issuance of the notes.
1745 (f) The order and the details set forth in the order shall conform with any applicable
1746 plan of financing and with this part.
1747 (g) (i) Each note shall recite that it is a valid obligation of the state and that the full
1748 faith, credit, and resources of the state are pledged for the payment of the principal of and
1749 interest on the note from the taxes or revenues identified in accordance with its terms and the
1750 constitution and laws of Utah.
1751 (ii) These general obligation notes do not constitute debt of the state for the purposes of
1752 the 1.5% debt limitation of the Utah Constitution, Article XIV, Section 1.
1753 (h) Immediately upon the completion of any sale of notes, the state treasurer shall:
1754 (i) make a verified return of the sale to the state auditor, specifying the amount of notes
1755 sold, the persons to whom the notes were sold, and the price, terms, and conditions of the sale;
1756 and
1757 (ii) credit the proceeds of sale, other than accrued interest and amounts required to pay
1758 costs of issuance of the notes, to the General Fund to be applied to the purpose for which the
1759 notes were issued.
1760 Section 42. Section 53G-4-1003 is amended to read:
1761 53G-4-1003. Funds raised -- Highest priority projects.
1762 (1) Funds raised by the school district in accordance with this part shall be used on the
1763 highest priority projects established by the district's five-year comprehensive capital outlay
1764 plan, which shall be approved by the [
1765 (2) The plan must include appropriate priorities for the construction of minimal
1766 facilities for new students.
1767 (3) If priority use of the funds raised by the district in accordance with this part does
1768 not provide minimal facilities as defined by the [
1769 students in any new and remote community established in the district, or for students in
1770 existing communities because of the location of new or expanded industries in the area, the
1771 district may enter into lease-purchase agreements or lease with option to purchase agreements
1772 with private builders to furnish the minimal facilities required by the district and approved by
1773 the [
1774 (4) The district may make payments on these agreements from any of its otherwise
1775 uncommitted capital outlay funds.
1776 Section 43. Section 53G-4-1004 is amended to read:
1777 53G-4-1004. Minimal school facilities -- Lease-purchase or lease with option to
1778 purchase agreement authorized.
1779 (1) If a school district is unable to find any private builder who is capable of furnishing
1780 minimal school facilities in new or existing communities, on terms acceptable to the district
1781 and to the [
1782 plants, may agree to provide minimal school facilities under a lease-purchase agreement or
1783 lease with option to purchase agreement with the district.
1784 (2) The district shall pay the developers according to the terms of the agreement from
1785 sources listed for such payments in this part.
1786 Section 44. Section 53G-4-1006 is amended to read:
1787 53G-4-1006. Rules and regulations authorized.
1788 The [
1789 for the administration and enforcement of this part.
1790 Section 45. Section 53G-5-102 is amended to read:
1791 53G-5-102. Definitions.
1792 As used in this chapter:
1793 (1) "Asset" means property of all kinds, real and personal, tangible and intangible, and
1794 includes:
1795 (a) cash;
1796 (b) stock or other investments;
1797 (c) real property;
1798 (d) equipment and supplies;
1799 (e) an ownership interest;
1800 (f) a license;
1801 (g) a cause of action; and
1802 (h) any similar property.
1803 (2) "Board of trustees of a higher education institution" or "board of trustees" means:
1804 (a) the board of trustees of:
1805 (i) the University of Utah;
1806 (ii) Utah State University;
1807 (iii) Weber State University;
1808 (iv) Southern Utah University;
1809 (v) Snow College;
1810 (vi) Dixie State University;
1811 (vii) Utah Valley University; or
1812 (viii) Salt Lake Community College; or
1813 (b) the board of directors of a technical college described in Section 53B-2a-108.
1814 [
1815
1816 [
1817 53G-5-205 that authorizes a charter school.
1818 [
1819 Section 46. Section 53G-5-201 is amended to read:
1820 53G-5-201. State Charter School Board created.
1821 (1) As used in this section, "organization that represents Utah's charter schools" means
1822 an organization, except a governmental entity, that advocates for charter schools, charter school
1823 parents, or charter school students.
1824 (2) (a) The State Charter School Board is created consisting of the following members
1825 appointed by the governor with the consent of the Senate :
1826 (i) one member who has expertise in finance or small business management;
1827 (ii) three members who:
1828 (A) are nominated by an organization that represents Utah's charter schools; and
1829 (B) have expertise or experience in developing or administering a charter school;
1830 (iii) two members who are nominated by the [
1831 and
1832 (iv) one member who:
1833 (A) has expertise in personalized learning, including digital teaching and learning or
1834 deliberate practice; and
1835 (B) supports innovation in education.
1836 (b) Each appointee shall have demonstrated dedication to the purposes of charter
1837 schools as outlined in Section 53G-5-104.
1838 (c) At least two candidates shall be nominated for each appointment made under
1839 Subsection (2)(a)(ii) or (iii).
1840 (d) The governor may seek nominations for a prospective appointment under
1841 Subsection (2)(a)(ii) from one or more organizations that represent Utah's charter schools.
1842 (3) (a) State Charter School Board members shall serve four-year terms.
1843 (b) If a vacancy occurs, the governor shall, with the consent of the Senate, appoint a
1844 replacement for the unexpired term.
1845 (4) The governor may remove a member at any time for official misconduct, habitual
1846 or willful neglect of duty, or for other good and sufficient cause.
1847 (5) (a) The State Charter School Board shall annually elect a chair from its
1848 membership.
1849 (b) Four members of the [
1850 (c) Meetings may be called by the chair or upon request of three members of the
1851 [
1852 (6) A member may not receive compensation or benefits for the member's service, but
1853 may receive per diem and travel expenses in accordance with:
1854 (a) Section 63A-3-106;
1855 (b) Section 63A-3-107; and
1856 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1857 63A-3-107.
1858 Section 47. Section 53G-5-203 is amended to read:
1859 53G-5-203. State Charter School Board -- Staff director -- Facilities.
1860 (1) (a) The State Charter School Board, with the consent of the state superintendent [
1861
1862 (b) The State Charter School Board shall have authority to remove the staff director
1863 with the consent of the state superintendent [
1864 (c) The position of staff director is exempt from the career service provisions of Title
1865 67, Chapter 19, Utah State Personnel Management Act.
1866 (2) The state superintendent [
1867 State Charter School Board in facilities occupied by the [
1868 or the [
1869 equal to those charged other sections and divisions under the [
1870 board.
1871 Section 48. Section 53G-5-205 is amended to read:
1872 53G-5-205. Charter school authorizers -- Power and duties -- Charter application
1873 minimum standard.
1874 (1) The following entities are eligible to authorize charter schools:
1875 (a) the State Charter School Board;
1876 (b) a local school board; or
1877 (c) a board of trustees of an institution in the state system of higher education as
1878 described in Section 53B-1-102.
1879 (2) A charter school authorizer shall:
1880 (a) annually review and evaluate the performance of charter schools authorized by the
1881 authorizer and hold a charter school accountable for the school's performance; and
1882 (b) monitor charter schools authorized by the authorizer for compliance with federal
1883 and state laws, rules, and regulations.
1884 (3) A charter school authorizer may:
1885 (a) authorize and promote the establishment of charter schools, subject to the
1886 provisions in this part;
1887 (b) make recommendations on legislation and rules pertaining to charter schools to the
1888 Legislature and [
1889 (c) make recommendations to the [
1890 funding of charter schools;
1891 (d) provide technical support to charter schools and persons seeking to establish charter
1892 schools by:
1893 (i) identifying and promoting successful charter school models;
1894 (ii) facilitating the application and approval process for charter school authorization;
1895 (iii) directing charter schools and persons seeking to establish charter schools to
1896 sources of funding and support;
1897 (iv) reviewing and evaluating proposals to establish charter schools for the purpose of
1898 supporting and strengthening proposals before an application for charter school authorization is
1899 submitted to a charter school authorizer; or
1900 (v) assisting charter schools to understand and carry out their charter obligations; or
1901 (e) provide technical support, as requested, to another charter school authorizer relating
1902 to charter schools.
1903 (4) Within 60 days after an authorizer's approval of an application for a new charter
1904 school, the [
1905 if the authorizer or charter school applicant failed to follow statutory or state board rule
1906 requirements:
1907 (a) reconsider the authorizer's approval of an application for a new charter school; and
1908 (b) correct deficiencies in the charter school application or authorizer's application
1909 process as described in statute or state board rule before approving the new application.
1910 (5) The [
1911
1912 that a charter school authorizer is required to apply when:
1913 (a) evaluating a charter school application; or
1914 (b) monitoring charter school compliance.
1915 (6) The minimum standards described in Subsection (5) shall include:
1916 (a) reasonable consequences for an authorizer that fails to comply with statute or state
1917 board rule;
1918 (b) a process for an authorizer to review:
1919 (i) the skill and expertise of a proposed charter school's governing board; and
1920 (ii) the functioning operation of the charter school governing board of an authorized
1921 charter school;
1922 (c) a process for an authorizer to review the financial viability of a proposed charter
1923 school and of an authorized charter school;
1924 (d) a process to evaluate:
1925 (i) how well an authorizer's authorized charter school complies with the charter
1926 school's charter agreement;
1927 (ii) whether an authorizer's authorized charter school maintains reasonable academic
1928 standards; and
1929 (iii) standards that an authorizer is required to meet to demonstrate the authorizer's
1930 capacity to oversee, monitor, and evaluate the charter schools the authorizer authorizes.
1931 Section 49. Section 53G-5-301 is amended to read:
1932 53G-5-301. State Charter School Board to request applications for certain types
1933 of charter schools.
1934 (1) To meet the unique learning styles and needs of students, the State Charter School
1935 Board shall seek to expand the types of instructional methods and programs offered by schools,
1936 as provided in this section.
1937 (2) (a) The State Charter School Board shall request individuals, groups of individuals,
1938 or not-for-profit legal entities to submit an application to the State Charter School Board to
1939 establish a charter school that employs new and creative methods to meet the unique learning
1940 styles and needs of students, such as:
1941 (i) a military charter school;
1942 (ii) a charter school whose mission is to enhance learning opportunities for students at
1943 risk of academic failure;
1944 (iii) a charter school whose focus is career and technical education;
1945 (iv) a single gender charter school; or
1946 (v) a charter school with an international focus that provides opportunities for the
1947 exchange of students or teachers.
1948 (b) In addition to a charter school identified in Subsection (2)(a), the State Charter
1949 School Board shall request applications for other types of charter schools that meet the unique
1950 learning styles and needs of students.
1951 (3) The State Charter School Board shall publicize a request for applications to
1952 establish a charter school specified in Subsection (2).
1953 (4) A charter school application submitted pursuant to Subsection (2) shall be subject
1954 to the application and approval procedures specified in Section 53G-5-304.
1955 (5) The State Charter School Board and the [
1956 approve one or more applications for each charter school specified in Subsection (2), subject to
1957 the Legislature appropriating funds for, or authorizing, an increase in charter school enrollment
1958 capacity as provided in Section 53G-6-504.
1959 (6) The [
1960 to appropriate funds for, or authorize, the enrollment of students in charter schools tentatively
1961 approved under this section.
1962 Section 50. Section 53G-5-302 is amended to read:
1963 53G-5-302. Charter school application -- Applicants -- Contents.
1964 (1) (a) An application to establish a charter school may be submitted by:
1965 (i) an individual;
1966 (ii) a group of individuals; or
1967 (iii) a nonprofit legal entity organized under Utah law.
1968 (b) An authorized charter school may apply under this chapter for a charter from
1969 another charter school authorizer.
1970 (2) A charter school application shall include:
1971 (a) the purpose and mission of the school;
1972 (b) except for a charter school authorized by a local school board, a statement that,
1973 after entering into a charter agreement, the charter school will be organized and managed under
1974 Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act;
1975 (c) a description of the governance structure of the school, including:
1976 (i) a list of the charter school governing board members that describes the
1977 qualifications of each member; and
1978 (ii) an assurance that the applicant shall, within 30 days of authorization, complete a
1979 background check for each member consistent with Section 53G-5-408;
1980 (d) a description of the target population of the school that includes:
1981 (i) the projected maximum number of students the school proposes to enroll;
1982 (ii) the projected school enrollment for each of the first three years of school operation;
1983 and
1984 (iii) the ages or grade levels the school proposes to serve;
1985 (e) academic goals;
1986 (f) qualifications and policies for school employees, including policies that:
1987 (i) comply with the criminal background check requirements described in Section
1988 53G-5-408;
1989 (ii) require employee evaluations;
1990 (iii) address employment of relatives within the charter school; and
1991 (iv) address human resource management and ensure that:
1992 (A) at least one of the school's employees or another person is assigned human
1993 resource management duties, as defined in Section 17B-1-805; and
1994 (B) the assigned employee or person described in Subsection (2)(f)(iv)(A) receives
1995 human resource management training, as defined in Section 17B-1-805;
1996 (g) a description of how the charter school will provide, as required by state and federal
1997 law, special education and related services;
1998 (h) for a public school converting to charter status, arrangements for:
1999 (i) students who choose not to continue attending the charter school; and
2000 (ii) teachers who choose not to continue teaching at the charter school;
2001 (i) a statement that describes the charter school's plan for establishing the charter
2002 school's facilities, including:
2003 (i) whether the charter school intends to lease or purchase the charter school's facilities;
2004 and
2005 (ii) financing arrangements;
2006 (j) a market analysis of the community the school plans to serve;
2007 (k) a business plan;
2008 (l) other major issues involving the establishment and operation of the charter school;
2009 and
2010 (m) the signatures of the charter school governing board members [
2011
2012 (3) A charter school authorizer may require a charter school application to include:
2013 (a) the charter school's proposed:
2014 (i) curriculum;
2015 (ii) instructional program; or
2016 (iii) delivery methods;
2017 (b) a method for assessing whether students are reaching academic goals, including, at
2018 a minimum, administering the statewide assessments described in Section 53E-4-301;
2019 (c) a proposed calendar;
2020 (d) sample policies;
2021 (e) a description of opportunities for parental involvement;
2022 (f) a description of the school's administrative, supervisory, or other proposed services
2023 that may be obtained through service providers; or
2024 (g) other information that demonstrates an applicant's ability to establish and operate a
2025 charter school.
2026 Section 51. Section 53G-5-303 is amended to read:
2027 53G-5-303. Charter agreement -- Content -- Modification.
2028 (1) As used in this section, "satellite charter school" means a charter school affiliated
2029 with an operating charter school, which has the same charter school governing board and a
2030 similar program of instruction, but has a different school number than the affiliated charter.
2031 (2) A charter agreement:
2032 (a) is a contract between the charter school applicant and the charter school authorizer;
2033 (b) shall describe the rights and responsibilities of each party; and
2034 (c) shall allow for the operation of the applicant's proposed charter school.
2035 (3) A charter agreement shall include:
2036 (a) the name of:
2037 (i) the charter school; and
2038 (ii) the charter school applicant;
2039 (b) the mission statement and purpose of the charter school;
2040 (c) the charter school's opening date;
2041 (d) the grade levels the charter school will serve;
2042 (e) (i) subject to Section 53G-6-504, the maximum number of students a charter school
2043 will serve; or
2044 (ii) for an operating charter school with satellite charter schools, the maximum number
2045 of students of all satellite charter schools collectively served by the operating charter school;
2046 (f) a description of the structure of the charter school governing board, including:
2047 (i) the number of charter school governing board members;
2048 (ii) how members of the charter school governing board are appointed; and
2049 (iii) charter school governing board members' terms of office;
2050 (g) assurances that:
2051 (i) the charter school governing board will comply with:
2052 (A) the charter school's bylaws;
2053 (B) the charter school's articles of incorporation; and
2054 (C) applicable federal law, state law, and [
2055 (ii) the charter school governing board will meet all reporting requirements described
2056 in Section 53G-5-404; and
2057 (iii) except as provided in Part 6, Charter School Credit Enhancement Program, neither
2058 the authorizer nor the state, including an agency of the state, is liable for the debts or financial
2059 obligations of the charter school or a person who operates the charter school;
2060 (h) which administrative rules the [
2061 the charter school;
2062 (i) minimum financial standards for operating the charter school;
2063 (j) minimum standards for student achievement; and
2064 (k) signatures of the charter school authorizer and the charter school governing board
2065 members.
2066 (4) (a) Except as provided in Subsection (4)(b), a charter agreement may not be
2067 modified except by mutual agreement between the charter school authorizer and the charter
2068 school governing board.
2069 (b) A charter school governing board may modify the charter school's charter
2070 agreement without the mutual agreement described in Subsection (4)(a) to include an
2071 enrollment preference described in Subsection 53G-6-502(4)(g).
2072 Section 52. Section 53G-5-304 is amended to read:
2073 53G-5-304. Charter schools authorized by the State Charter School Board --
2074 Application process -- Prohibited basis of application denial.
2075 (1) (a) An applicant seeking authorization of a charter school from the State Charter
2076 School Board shall provide a copy of the application to the local school board of the school
2077 district in which the proposed charter school shall be located either before or at the same time it
2078 files its application with the State Charter School Board.
2079 (b) The local school board may review the application and may offer suggestions or
2080 recommendations to the applicant or the State Charter School Board prior to its acting on the
2081 application.
2082 (c) The State Charter School Board shall give due consideration to suggestions or
2083 recommendations made by the local school board under Subsection (1)(b).
2084 (d) The State Charter School Board shall review and, by majority vote, either approve
2085 or deny the application.
2086 (e) A charter school application may not be denied on the basis that the establishment
2087 of the charter school will have any or all of the following impacts on a public school, including
2088 another charter school:
2089 (i) an enrollment decline;
2090 (ii) a decrease in funding; or
2091 (iii) a modification of programs or services.
2092 (2) The [
2093
2094 opening of a charter school following the approval of a charter school application by the State
2095 Charter School Board.
2096 (3) After approval of a charter school application and in accordance with Section
2097 53G-5-303, the applicant and the State Charter School Board shall set forth the terms and
2098 conditions for the operation of the charter school in a written charter agreement.
2099 (4) The State Charter School Board shall, in accordance with [
2100
2101 (a) application requirements, in accordance with Section 53G-5-302;
2102 (b) application process, including timelines, in accordance with this section; and
2103 (c) minimum academic, financial, and enrollment standards.
2104 Section 53. Section 53G-5-305 is amended to read:
2105 53G-5-305. Charters authorized by local school boards -- Application process --
2106 Local school board responsibilities.
2107 (1) (a) An applicant identified in Section 53G-5-302 may submit an application to a
2108 local school board to establish and operate a charter school within the geographical boundaries
2109 of the school district administered by the local school board.
2110 (b) (i) The principal, teachers, or parents of students at an existing public school may
2111 submit an application to the local school board to convert the school or a portion of the school
2112 to charter status.
2113 (A) If the entire school is applying for charter status, at least two-thirds of the licensed
2114 educators employed at the school and at least two-thirds of the parents [
2115 students enrolled at the school must have signed a petition approving the application prior to its
2116 submission to the charter school authorizer.
2117 (B) If only a portion of the school is applying for charter status, the percentage is
2118 reduced to a simple majority.
2119 (ii) The local school board may not approve an application submitted under Subsection
2120 (1)(b)(i) unless the local school board determines that:
2121 (A) students opting not to attend the proposed converted school would have access to a
2122 comparable public education alternative; and
2123 (B) current teachers who choose not to teach at the converted charter school or who are
2124 not retained by the school at the time of its conversion would receive a first preference for
2125 transfer to open teaching positions for which they qualify within the school district, and, if no
2126 positions are open, contract provisions or local school board policy regarding reduction in staff
2127 would apply.
2128 (2) (a) An existing public school that converts to charter status under a charter granted
2129 by a local school board may:
2130 (i) continue to receive the same services from the school district that it received prior to
2131 its conversion; or
2132 (ii) contract out for some or all of those services with other public or private providers.
2133 (b) Any other charter school authorized by a local school board may contract with the
2134 local school board to receive some or all of the services referred to in Subsection (2)(a).
2135 (c) Except as specified in a charter agreement, local school board assets do not transfer
2136 to an existing public school that converts to charter status under a charter granted by a local
2137 school board under this section.
2138 (3) (a) A local school board that receives an application for a charter school under this
2139 section shall, within 45 days, either accept or reject the application.
2140 (b) If the local school board rejects the application, it shall notify the applicant in
2141 writing of the reason for the rejection.
2142 (c) The applicant may submit a revised application for reconsideration by the local
2143 school board.
2144 (d) If the local school board refuses to authorize the applicant, the applicant may seek a
2145 charter from another authorizer.
2146 (4) The [
2147 timeline for the opening of a charter school following the approval of a charter school
2148 application by a local school board.
2149 (5) After approval of a charter school application and in accordance with Section
2150 53G-5-303, the applicant and the local school board shall set forth the terms and conditions for
2151 the operation of the charter school in a written charter agreement.
2152 (6) A local school board may terminate a charter school it authorizes as provided in
2153 Sections 53G-5-501 and 53G-5-503.
2154 (7) In addition to the exemptions described in Sections 53G-5-405, 53G-7-202, and
2155 53G-5-407, a charter school authorized by a local school board is:
2156 (a) not required to separately submit a report or information required under this public
2157 education code to the [
2158 report or information that is submitted by the local school board or school district; and
2159 (b) exempt from the requirement under Section 53G-5-404 that a charter school shall
2160 be organized and managed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation
2161 Act.
2162 (8) Before a local school board accepts a charter school application, the local school
2163 board shall, in accordance with [
2164 make public the local school board's:
2165 (a) application requirements, in accordance with Section 53G-5-302;
2166 (b) application process, including timelines, in accordance with this section; and
2167 (c) minimum academic, financial, and enrollment standards.
2168 Section 54. Section 53G-5-306 is amended to read:
2169 53G-5-306. Charter schools authorized by a board of trustees of a higher
2170 education institution -- Application process -- Board of trustees responsibilities.
2171 (1) Except as provided in Subsection (6), an applicant identified in Section 53G-5-302
2172 may enter into an agreement with a board of trustees of a higher education institution
2173 authorizing the applicant to establish and operate a charter school.
2174 (2) (a) An applicant applying for authorization from a board of trustees to establish and
2175 operate a charter school shall provide a copy of the application to the State Charter School
2176 Board and the local school board of the school district in which the proposed charter school
2177 will be located either before or at the same time the applicant files the application with the
2178 board of trustees.
2179 (b) The State Charter School Board and the local school board may review the
2180 application and offer suggestions or recommendations to the applicant or the board of trustees
2181 before acting on the application.
2182 (c) The board of trustees shall give due consideration to suggestions or
2183 recommendations made by the State Charter School Board or the local school board under
2184 Subsection (2)(b).
2185 (3) The [
2186 for the opening of a charter school following the approval of a charter school application by a
2187 board of trustees.
2188 (4) After approval of a charter school application, the applicant and the board of
2189 trustees shall set forth the terms and conditions for the operation of the charter school in a
2190 written charter agreement.
2191 (5) (a) The school's charter agreement may include a provision that the charter school
2192 pay an annual fee for the board of trustees' costs in providing oversight of, and technical
2193 support to, the charter school in accordance with Section 53G-5-205.
2194 (b) In the first two years that a charter school is in operation, an annual fee described in
2195 Subsection (5)(a) may not exceed the product of 3% of the revenue the charter school receives
2196 from the state in the current fiscal year.
2197 (c) Beginning with the third year that a charter school is in operation, an annual fee
2198 described in Subsection (5)(a) may not exceed the product of 1% of the revenue a charter
2199 school receives from the state in the current fiscal year.
2200 (d) An annual fee described in Subsection (5)(a) shall be:
2201 (i) paid to the board of trustees' higher education institution; and
2202 (ii) expended as directed by the board of trustees.
2203 (6) (a) In addition to complying with the requirements of this section, a technical
2204 college board of directors described in Section 53B-2a-108 shall obtain the approval of the
2205 Utah System of Technical Colleges Board of Trustees before entering into an agreement to
2206 establish and operate a charter school.
2207 (b) If a technical college board of directors approves an application to establish and
2208 operate a charter school, the technical college board of directors shall submit the application to
2209 the Utah System of Technical Colleges Board of Trustees.
2210 (c) The Utah System of Technical Colleges Board of Trustees shall, by majority vote,
2211 within 60 days of receipt of an application described in Subsection (6)(b), approve or deny the
2212 application.
2213 (d) The Utah System of Technical Colleges Board of Trustees may deny an application
2214 approved by a technical college board of directors if the proposed charter school does not
2215 accomplish a purpose of charter schools as provided in Section 53G-5-104.
2216 (e) A charter school application may not be denied on the basis that the establishment
2217 of the charter school will have any or all of the following impacts on a public school, including
2218 another charter school:
2219 (i) an enrollment decline;
2220 (ii) a decrease in funding; or
2221 (iii) a modification of programs or services.
2222 (7) (a) Subject to the requirements of this chapter and other related provisions, a
2223 technical college board of directors may establish:
2224 (i) procedures for submitting applications to establish and operate a charter school; or
2225 (ii) criteria for approval of an application to establish and operate a charter school.
2226 (b) The Utah System of Technical Colleges Board of Trustees may not establish policy
2227 governing the procedures or criteria described in Subsection (7)(a).
2228 (8) Before a technical college board of directors accepts a charter school application,
2229 the technical college board of directors shall, in accordance with [
2230 state board rules, establish and make public:
2231 (a) application requirements, in accordance with Section 53G-5-302;
2232 (b) the application process, including timelines, in accordance with this section; and
2233 (c) minimum academic, financial, and enrollment standards.
2234 Section 55. Section 53G-5-403 is amended to read:
2235 53G-5-403. Charter school assets.
2236 (1) (a) A charter school may receive, hold, manage, and use any devise, bequest, grant,
2237 endowment, gift, or donation of any asset made to the school for any of the purposes of this
2238 chapter and other related provisions.
2239 (b) Unless a donor or grantor specifically provides otherwise in writing, all assets
2240 described in Subsection (1)(a) shall be presumed to be made to the charter school and shall be
2241 included in the charter school's assets.
2242 (2) It is unlawful for any person affiliated with a charter school to demand or request
2243 any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated
2244 with the charter school as a condition for employment or enrollment at the school or continued
2245 attendance at the school.
2246 (3) All assets purchased with charter school funds shall be included in the charter
2247 school's assets.
2248 (4) A charter school may not dispose of its assets in violation of the provisions of this
2249 chapter or other related provisions, state board rules, policies of its charter school authorizer, or
2250 its charter agreement, including the provisions governing the closure of a charter school under
2251 Section 53G-5-504.
2252 Section 56. Section 53G-5-404 is amended to read:
2253 53G-5-404. Requirements for charter schools.
2254 (1) A charter school shall be nonsectarian in its programs, admission policies,
2255 employment practices, and operations.
2256 (2) A charter school may not charge tuition or fees, except those fees normally charged
2257 by other public schools.
2258 (3) A charter school shall meet all applicable federal, state, and local health, safety, and
2259 civil rights requirements.
2260 (4) (a) A charter school shall make the same annual reports required of other public
2261 schools under this public education code, including an annual financial audit report.
2262 (b) A charter school shall file its annual financial audit report with the Office of the
2263 State Auditor within six months of the end of the fiscal year.
2264 (5) (a) A charter school shall be accountable to the charter school's authorizer for
2265 performance as provided in the school's charter agreement.
2266 (b) To measure the performance of a charter school, an authorizer may use data
2267 contained in:
2268 (i) the charter school's annual financial audit report;
2269 (ii) a report submitted by the charter school as required by statute; or
2270 (iii) a report submitted by the charter school as required by its charter agreement.
2271 (c) A charter school authorizer may not impose performance standards, except as
2272 permitted by statute, that limit, infringe, or prohibit a charter school's ability to successfully
2273 accomplish the purposes of charter schools as provided in Section 53G-5-104 or as otherwise
2274 provided in law.
2275 (6) A charter school may not advocate unlawful behavior.
2276 (7) Except as provided in Section 53G-5-305, a charter school shall be organized and
2277 managed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, after its
2278 authorization.
2279 (8) A charter school shall provide adequate liability and other appropriate insurance.
2280 (9) Beginning on July 1, 2014, a charter school shall submit any lease, lease-purchase
2281 agreement, or other contract or agreement relating to the charter school's facilities or financing
2282 of the charter school's facilities to the school's authorizer and an attorney for review and advice
2283 prior to the charter school entering into the lease, agreement, or contract.
2284 (10) A charter school may not employ an educator whose license has been suspended
2285 or revoked by the [
2286 (11) (a) Each charter school shall register and maintain the charter school's registration
2287 as a limited purpose entity, in accordance with Section 67-1a-15.
2288 (b) A charter school that fails to comply with Subsection (11)(a) or Section 67-1a-15 is
2289 subject to enforcement by the state auditor, in accordance with Section 67-3-1.
2290 Section 57. Section 53G-5-405 is amended to read:
2291 53G-5-405. Application of statutes and rules to charter schools.
2292 (1) A charter school shall operate in accordance with its charter agreement and is
2293 subject to this public education code and other state laws applicable to public schools, except
2294 as otherwise provided in this chapter and other related provisions.
2295 (2) (a) Except as provided in Subsection (2)(b), [
2296 rules governing the following do not apply to a charter school:
2297 (i) school libraries;
2298 (ii) required school administrative and supervisory services; and
2299 (iii) required expenditures for instructional supplies.
2300 (b) A charter school shall comply with rules implementing statutes that prescribe how
2301 state appropriations may be spent.
2302 (3) The following provisions of this public education code, and rules adopted under
2303 those provisions, do not apply to a charter school:
2304 (a) Sections 53G-7-1202 and 53G-7-1204, requiring the establishment of a school
2305 community council and school improvement plan;
2306 (b) Section 53G-4-409, requiring the use of activity disclosure statements;
2307 (c) Section 53G-7-606, requiring notification of intent to dispose of textbooks;
2308 (d) Section 53G-10-404, requiring annual presentations on adoption;
2309 (e) Sections 53G-7-304 and 53G-7-306 pertaining to fiscal procedures of school
2310 districts and local school boards; and
2311 (f) Section 53E-4-408, requiring an independent evaluation of instructional materials.
2312 (4) For the purposes of Title 63G, Chapter 6a, Utah Procurement Code, a charter
2313 school is considered an educational procurement unit as defined in Section 63G-6a-103.
2314 (5) Each charter school shall be subject to:
2315 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
2316 (b) Title 63G, Chapter 2, Government Records Access and Management Act.
2317 (6) A charter school is exempt from Section 51-2a-201.5, requiring accounting reports
2318 of certain nonprofit corporations. A charter school is subject to the requirements of Section
2319 53G-5-404.
2320 (7) (a) The State Charter School Board shall, in concert with the charter schools, study
2321 existing state law and administrative rules for the purpose of determining from which laws and
2322 rules charter schools should be exempt.
2323 (b) (i) The State Charter School Board shall present recommendations for exemption to
2324 the [
2325 (ii) The [
2326 the State Charter School Board and respond within 60 days.
2327 Section 58. Section 53G-5-406 is amended to read:
2328 53G-5-406. Accountability -- Rules.
2329 [
2330
2331 shall, after consultation with chartering entities, make rules that:
2332 (1) require a charter school to develop an accountability plan, approved by its charter
2333 school authorizer, during its first year of operation;
2334 (2) require an authorizer to:
2335 (a) visit a charter school at least once during:
2336 (i) its first year of operation; and
2337 (ii) the review period described under Subsection (3); and
2338 (b) provide written reports to its charter schools after the visits; and
2339 (3) establish a review process that is required of a charter school once every five years
2340 by its authorizer.
2341 Section 59. Section 53G-5-407 is amended to read:
2342 53G-5-407. Employees of charter schools.
2343 (1) A charter school shall select its own employees.
2344 (2) The [
2345 compensation and all terms and conditions of employment, except as otherwise provided in
2346 Subsections (7) and (8) and under this chapter and other related provisions.
2347 (3) The following statutes governing public employees and officers do not apply to a
2348 charter school:
2349 (a) Chapter 11, Part 5, School District and [
2350 Blind Employee Requirements; and
2351 (b) Title 52, Chapter 3, Prohibiting Employment of Relatives.
2352 (4) (a) To accommodate differentiated staffing and better meet student needs, a charter
2353 school, under rules adopted by the [
2354 teachers who are licensed.
2355 (b) The [
2356 teachers to the parents of its students.
2357 (5) [
2358 of administrative and supervisory personnel do not apply to charter schools.
2359 (6) (a) An employee of a school district may request a leave of absence in order to
2360 work in a charter school upon approval of the local school board.
2361 (b) While on leave, the employee may retain seniority accrued in the school district and
2362 may continue to be covered by the benefit program of the district if the charter school and the
2363 [
2364 (7) (a) A proposed or authorized charter school may elect to participate as an employer
2365 for retirement programs under:
2366 (i) Title 49, Chapter 12, Public Employees' Contributory Retirement Act;
2367 (ii) Title 49, Chapter 13, Public Employees' Noncontributory Retirement Act; and
2368 (iii) Title 49, Chapter 22, New Public Employees' Tier II Contributory Retirement Act.
2369 (b) An election under this Subsection (7):
2370 (i) shall be documented by a resolution adopted by the charter school governing board
2371 [
2372 (ii) applies to the charter school as the employer and to all employees of the charter
2373 school.
2374 (c) The charter school governing board [
2375 benefit plans for its employees:
2376 (i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
2377 or
2378 (ii) under any other program.
2379 (8) A charter school may not revoke an election to participate made under Subsection
2380 (7).
2381 (9) The charter school governing board [
2382 the beginning of each school year:
2383 (a) each of the charter school's employees signs a document acknowledging that the
2384 employee:
2385 (i) has received:
2386 (A) the disclosure required under Section 63A-4-204.5 if the charter school participates
2387 in the Risk Management Fund; or
2388 (B) written disclosure similar to the disclosure required under Section 63A-4-204.5 if
2389 the charter school does not participate in the Risk Management Fund; and
2390 (ii) understands the legal liability protection provided to the employee and what is not
2391 covered, as explained in the disclosure; and
2392 (b) (i) at least one of the charter school's employees or another person is assigned
2393 human resource management duties, as defined in Section 17B-1-805; and
2394 (ii) the assigned employee or person described in Subsection (9)(b)(i) receives human
2395 resource management training, as defined in Section 17B-1-805.
2396 Section 60. Section 53G-5-408 is amended to read:
2397 53G-5-408. Criminal background checks on school personnel.
2398 The following individuals are required to submit to a criminal background check and
2399 ongoing monitoring as provided in Section 53G-11-402:
2400 (1) an employee of a charter school who does not hold a current Utah educator license
2401 issued by the [
2402 Professional Licensure;
2403 (2) a volunteer for a charter school who is given significant unsupervised access to a
2404 student in connection with the volunteer's assignment;
2405 (3) a contract employee, as defined in Section 53G-11-401, who works at a charter
2406 school; and
2407 (4) a charter school governing board member.
2408 Section 61. Section 53G-5-409 is amended to read:
2409 53G-5-409. Regulated transactions and relationships -- Definitions --
2410 Rulemaking.
2411 (1) As used in this section:
2412 (a) "Charter school officer" means:
2413 (i) a member of a charter school's governing board;
2414 (ii) a member of a board or an officer of a nonprofit corporation under which a charter
2415 school is organized and managed; or
2416 (iii) the chief administrative officer of a charter school.
2417 (b) (i) "Employment" means a position in which a person's salary, wages, pay, or
2418 compensation, whether as an employee or contractor, is paid from charter school funds.
2419 (ii) "Employment" does not include a charter school volunteer.
2420 (c) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother,
2421 uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
2422 sister-in-law, son-in-law, or daughter-in-law.
2423 (2) (a) Except as provided in Subsection (2)(b), a relative of a charter school officer
2424 may not be employed at a charter school.
2425 (b) If a relative of a charter school officer is to be considered for employment in a
2426 charter school, the charter school officer shall:
2427 (i) disclose the relationship, in writing, to the other charter school officers;
2428 (ii) submit the employment decision to the charter school's governing board for the
2429 approval, by majority vote, of the charter school's governing board;
2430 (iii) abstain from voting on the issue; and
2431 (iv) be absent from the portion of the meeting where the employment is being
2432 considered and determined.
2433 (3) (a) Except as provided in Subsections (3)(b) and (3)(c), a charter school officer or a
2434 relative of a charter school officer may not have a financial interest in a contract or other
2435 transaction involving a charter school in which the charter school officer serves as a charter
2436 school officer.
2437 (b) If a charter school's governing board considers entering into a contract or executing
2438 a transaction in which a charter school officer or a relative of a charter school officer has a
2439 financial interest, the charter school officer shall:
2440 (i) disclose the financial interest, in writing, to the other charter school officers;
2441 (ii) submit the contract or transaction decision to the charter school's governing board
2442 for the approval, by majority vote, of the charter school's governing board;
2443 (iii) abstain from voting on the issue; and
2444 (iv) be absent from the portion of the meeting where the contract or transaction is being
2445 considered and determined.
2446 (c) The provisions in Subsection (3)(a) do not apply to a reasonable contract of
2447 employment for:
2448 (i) the chief administrative officer of a charter school; or
2449 (ii) a relative of the chief administrative officer of a charter school whose employment
2450 is approved in accordance with the provisions in Subsection (2).
2451 (4) The [
2452 operate a charter school.
2453 Section 62. Section 53G-5-410 is amended to read:
2454 53G-5-410. Safe technology utilization and digital citizenship.
2455 A charter school governing board, or a council formed by a charter school governing
2456 board to prepare a plan for the use of School LAND Trust Program money under Section
2457 53G-7-1206:
2458 (1) shall provide for education and awareness on safe technology utilization and digital
2459 citizenship that empowers:
2460 (a) a student to make smart media and online choices; and
2461 (b) a parent [
2462 [
2463 (2) shall partner with the school's principal and other administrators to ensure that
2464 adequate on and off campus Internet filtering is installed and consistently configured to prevent
2465 viewing of harmful content by students and school personnel, in accordance with charter school
2466 governing board policy and Subsection 53G-7-216(3); and
2467 (3) may partner with one or more non-profit organizations to fulfill the duties described
2468 in Subsections (1) and (2).
2469 Section 63. Section 53G-5-411 is amended to read:
2470 53G-5-411. Charter school fiscal year -- Statistical reports.
2471 (1) A charter school's fiscal year begins on July 1 and ends on June 30.
2472 (2) (a) A charter school shall forward statistical reports for the preceding school year,
2473 containing items required by law or by the [
2474 superintendent on or before November 1 of each year.
2475 (b) The reports shall include information to enable the state superintendent to complete
2476 the statement required under Subsection 53E-3-301(3)(d)(v).
2477 (3) A charter school shall forward the accounting report required under Section
2478 51-2a-201 to the state superintendent on or before October 15 of each year.
2479 Section 64. Section 53G-5-501 is amended to read:
2480 53G-5-501. Noncompliance -- Rulemaking.
2481 (1) If a charter school is found to be out of compliance with the requirements of
2482 Section 53G-5-404 or the school's charter agreement, the charter school authorizer shall notify
2483 the following in writing that the charter school has a reasonable time to remedy the deficiency,
2484 except as otherwise provided in Subsection 53G-5-503(4):
2485 (a) the charter school governing board [
2486 (b) if the charter school is a qualifying charter school with outstanding bonds issued in
2487 accordance with Part 6, Charter School Credit Enhancement Program, the Utah Charter School
2488 Finance Authority.
2489 (2) If the charter school does not remedy the deficiency within the established timeline,
2490 the authorizer may:
2491 (a) subject to the requirements of Subsection (4), take one or more of the following
2492 actions:
2493 (i) remove a charter school director or finance officer;
2494 (ii) remove a charter school governing board member; or
2495 (iii) appoint an interim director or mentor to work with the charter school; or
2496 (b) subject to the requirements of Section 53G-5-503, terminate the school's charter
2497 agreement.
2498 (3) The costs of an interim director or mentor appointed pursuant to Subsection (2)(a)
2499 shall be paid from the funds of the charter school for which the interim director or mentor is
2500 working.
2501 (4) The authorizer shall notify the Utah Charter School Finance Authority before the
2502 authorizer takes an action described in Subsections (2)(a)(i) through (iii) if the charter school is
2503 a qualifying charter school with outstanding bonds issued in accordance with Part 6, Charter
2504 School Credit Enhancement Program.
2505 (5) [
2506
2507 (a) specifying the timeline for remedying deficiencies under Subsection (1); and
2508 (b) ensuring the compliance of a charter school with its approved charter agreement.
2509 Section 65. Section 53G-5-502 is amended to read:
2510 53G-5-502. Voluntary school improvement process.
2511 (1) As used in this section, "high performing charter school" means a charter school
2512 that:
2513 (a) satisfies all requirements of state law and [
2514 rules;
2515 (b) has operated for at least three years meeting the terms of the school's charter
2516 agreement; and
2517 (c) is in good standing with the charter school's authorizer.
2518 (2) (a) Subject to Subsection (2)(b), a charter school governing board may voluntarily
2519 request the charter school's authorizer to place the school in a school improvement process.
2520 (b) A charter school governing board shall provide notice and a hearing on the charter
2521 school governing board's intent to make a request under Subsection (2)(a) to parents [
2522
2523 (3) An authorizer may grant a charter school governing board's request to be placed in
2524 a school improvement process if the charter school governing board has provided notice and a
2525 hearing under Subsection (2)(b).
2526 (4) An authorizer that has entered into a school improvement process with a charter
2527 school governing board shall:
2528 (a) enter into a contract with the charter school governing board on the terms of the
2529 school improvement process;
2530 (b) notify the [
2531 a school improvement process with the charter school governing board;
2532 (c) make a report to a committee of the [
2533 regarding the school improvement process; and
2534 (d) notify the Utah Charter School Finance Authority that the authorizer has entered
2535 into a school improvement process with the charter school governing board if the charter
2536 school is a qualifying charter school with outstanding bonds issued in accordance with Part 6,
2537 Charter School Credit Enhancement Program.
2538 (5) Upon notification under Subsection (4)(b), and after the report described in
2539 Subsection (4)(c), the [
2540 the school district in which the charter school is located that the charter school governing board
2541 has entered into a school improvement process with the charter school's authorizer.
2542 (6) A high performing charter school or the school district in which the charter school
2543 is located may apply to the charter school governing board to assume operation and control of
2544 the charter school that has been placed in a school improvement process.
2545 (7) A charter school governing board that has entered into a school improvement
2546 process shall review applications submitted under Subsection (6) and submit a proposal to the
2547 charter school's authorizer to:
2548 (a) terminate the school's charter, notwithstanding the requirements of Section
2549 53G-5-503; and
2550 (b) transfer operation and control of the charter school to:
2551 (i) the school district in which the charter school is located; or
2552 (ii) a high performing charter school.
2553 (8) Except as provided in Subsection (9) and subject to Subsection (10), an authorizer
2554 may:
2555 (a) approve a charter school governing board's proposal under Subsection (7); or
2556 (b) (i) deny a charter school governing board's proposal under Subsection (7); and
2557 (ii) (A) terminate the school's charter agreement in accordance with Section
2558 53G-5-503;
2559 (B) allow the charter school governing board to submit a revised proposal; or
2560 (C) take no action.
2561 (9) An authorizer may not take an action under Subsection (8) for a qualifying charter
2562 school with outstanding bonds issued in accordance with Part 6, Charter School Credit
2563 Enhancement Program, without mutual agreement of the Utah Charter School Finance
2564 Authority and the authorizer.
2565 (10) (a) An authorizer that intends to transfer operation and control of a charter school
2566 as described in Subsection (7)(b) shall request approval from the [
2567 state board.
2568 (b) (i) The [
2569 under Subsection (10)(a) within 30 days of receiving the request.
2570 (ii) If the [
2571 Subsection (10)(a), the authorizer may not transfer operation and control of the charter school
2572 as described in Subsection (7)(b).
2573 (iii) If the [
2574 request under Subsection (10)(a) within 30 days of receiving the request, an authorizer may
2575 proceed to transfer operation and control of the charter school as described in Subsection
2576 (7)(b).
2577 Section 66. Section 53G-5-503 is amended to read:
2578 53G-5-503. Termination of a charter agreement.
2579 (1) Subject to the requirements of Subsection (3), a charter school authorizer may
2580 terminate a school's charter agreement for any of the following reasons:
2581 (a) failure of the charter school to meet the requirements stated in the charter
2582 agreement;
2583 (b) failure to meet generally accepted standards of fiscal management;
2584 (c) (i) designation as a low performing school under Title 53E, Chapter 5, Part 3,
2585 School Turnaround and Leadership Development; and
2586 (ii) failure to improve the school's grade under the conditions described in Title 53E,
2587 Chapter 5, Part 3, School Turnaround and Leadership Development;
2588 (d) violation of requirements under this chapter or another law; or
2589 (e) other good cause shown.
2590 (2) (a) The authorizer shall notify the following of the proposed termination in writing,
2591 state the grounds for the termination, and stipulate that the charter school governing board may
2592 request an informal hearing before the authorizer:
2593 (i) the charter school governing board [
2594 (ii) if the charter school is a qualifying charter school with outstanding bonds issued in
2595 accordance with Part 6, Charter School Credit Enhancement Program, the Utah Charter School
2596 Finance Authority.
2597 (b) Except as provided in Subsection (2)(e), the authorizer shall conduct the hearing in
2598 accordance with Title 63G, Chapter 4, Administrative Procedures Act, within 30 days after
2599 receiving a written request under Subsection (2)(a).
2600 (c) If the authorizer, by majority vote, approves a motion to terminate a charter school,
2601 the charter school governing board [
2602
2603 (d) (i) The [
2604 made pursuant to Subsection (2)(c).
2605 (ii) The [
2606 review.
2607 (e) (i) If the authorizer proposes to terminate the charter agreement of a qualifying
2608 charter school with outstanding bonds issued in accordance with Part 6, Charter School Credit
2609 Enhancement Program, the authorizer shall conduct a hearing described in Subsection (2)(b)
2610 120 days or more after notifying the following of the proposed termination:
2611 (A) the charter school governing board of the qualifying charter school; and
2612 (B) the Utah Charter School Finance Authority.
2613 (ii) Prior to the hearing described in Subsection (2)(e)(i), the Utah Charter School
2614 Finance Authority shall meet with the authorizer to determine whether the deficiency may be
2615 remedied in lieu of termination of the qualifying charter school's charter agreement.
2616 (3) An authorizer may not terminate the charter agreement of a qualifying charter
2617 school with outstanding bonds issued in accordance with Part 6, Charter School Credit
2618 Enhancement Program, without mutual agreement of the Utah Charter School Finance
2619 Authority and the authorizer.
2620 (4) (a) [
2621
2622 report any threats to the health, safety, or welfare of its students to the State Charter School
2623 Board in a timely manner.
2624 (b) The rules under Subsection (4)(a) shall also require the charter school report to
2625 include what steps the charter school has taken to remedy the threat.
2626 (5) Subject to the requirements of Subsection (3), the authorizer may terminate a
2627 charter agreement immediately if good cause has been shown or if the health, safety, or welfare
2628 of the students at the school is threatened.
2629 (6) If a charter agreement is terminated during a school year, the following entities may
2630 apply to the charter school's authorizer to assume operation of the school:
2631 (a) the school district where the charter school is located;
2632 (b) the charter school governing board of another charter school; or
2633 (c) a private management company.
2634 (7) (a) If a charter agreement is terminated, a student who attended the school may
2635 apply to and shall be enrolled in another public school under the enrollment provisions of
2636 Chapter 6, Part 3, School District Residency, subject to space availability.
2637 (b) Normal application deadlines shall be disregarded under Subsection (7)(a).
2638 Section 67. Section 53G-5-504 is amended to read:
2639 53G-5-504. Charter school closure.
2640 (1) If a charter school is closed for any reason, including the termination of a charter
2641 agreement in accordance with Section 53G-5-503 or the conversion of a charter school to a
2642 private school, the provisions of this section apply.
2643 (2) A decision to close a charter school is made:
2644 (a) when a charter school authorizer approves a motion to terminate described in
2645 Subsection 53G-5-503(2)(c);
2646 (b) when the [
2647 Subsection 53G-5-503(2)(d)(ii); or
2648 (c) when a charter school provides notice to the charter school's authorizer that the
2649 charter school is relinquishing the charter school's charter.
2650 (3) (a) No later than 10 days after the day on which a decision to close a charter school
2651 is made, the charter school shall:
2652 (i) provide notice to the following, in writing, of the decision:
2653 (A) if the charter school made the decision to close, the charter school's authorizer;
2654 (B) the State Charter School Board;
2655 (C) if the [
2656 [
2657 (D) parents of students enrolled at the charter school;
2658 (E) the charter school's creditors;
2659 (F) the charter school's lease holders;
2660 (G) the charter school's bond issuers;
2661 (H) other entities that may have a claim to the charter school's assets;
2662 (I) the school district in which the charter school is located and other charter schools
2663 located in that school district; and
2664 (J) any other person that the charter school determines to be appropriate; and
2665 (ii) post notice of the decision on the Utah Public Notice Website, created in Section
2666 63F-1-701.
2667 (b) The notice described in Subsection (3)(a) shall include:
2668 (i) the proposed date of the charter school closure;
2669 (ii) the charter school's plans to help students identify and transition into a new school;
2670 and
2671 (iii) contact information for the charter school during the transition.
2672 (4) No later than 10 days after the day on which a decision to close a charter school is
2673 made, the closing charter school shall:
2674 (a) designate a custodian for the protection of student files and school business records;
2675 (b) designate a base of operation that will be maintained throughout the charter school
2676 closing, including:
2677 (i) an office;
2678 (ii) hours of operation;
2679 (iii) operational telephone service with voice messaging stating the hours of operation;
2680 and
2681 (iv) a designated individual to respond to questions or requests during the hours of
2682 operation;
2683 (c) assure that the charter school will maintain insurance coverage and risk
2684 management coverage throughout the transition to closure and for a period following closure of
2685 the charter school as specified by the charter school's authorizer;
2686 (d) assure that the charter school will complete by the set deadlines for all fiscal years
2687 in which funds are received or expended by the charter school a financial audit and any other
2688 procedure required by state board rule;
2689 (e) inventory all assets of the charter school; and
2690 (f) list all creditors of the charter school and specifically identify secured creditors and
2691 assets that are security interests.
2692 (5) The closing charter school's authorizer shall oversee the closing charter school's
2693 compliance with Subsection (4).
2694 (6) (a) A closing charter school shall return any assets remaining, after all liabilities
2695 and obligations of the closing charter school are paid or discharged, to the closing charter
2696 school's authorizer.
2697 (b) The closing charter school's authorizer shall liquidate assets at fair market value or
2698 assign the assets to another public school.
2699 (7) The closing charter school's authorizer shall oversee liquidation of assets and
2700 payment of debt in accordance with state board rule.
2701 (8) The closing charter school shall:
2702 (a) comply with all state and federal reporting requirements; and
2703 (b) submit all documentation and complete all state and federal reports required by the
2704 closing charter school's authorizer or the [
2705 documents to verify the closing charter school's compliance with procedural requirements and
2706 satisfaction of all financial issues.
2707 (9) When the closing charter school's financial affairs are closed out and dissolution is
2708 complete, the authorizer shall ensure that a final audit of the charter school is completed.
2709 (10) On or before January 1, 2017, [
2710
2711 considering suggestions from charter school authorizers, make rules that:
2712 (a) provide additional closure procedures for charter schools ; and
2713 (b) establish a charter school closure process.
2714 Section 68. Section 53G-5-505 is amended to read:
2715 53G-5-505. Tort liability.
2716 (1) An employee of a charter school is a public employee and the charter school
2717 governing board is a public employer in the same manner as a local school board for purposes
2718 of tort liability.
2719 (2) The charter school governing board [
2720 under which the charter school is organized and managed, and the school are solely liable for
2721 any damages resulting from a legal challenge involving the operation of the school.
2722 Section 69. Section 53G-5-602 is amended to read:
2723 53G-5-602. Utah Charter School Finance Authority created -- Members --
2724 Compensation -- Services.
2725 (1) There is created a body politic and corporate known as the Utah Charter School
2726 Finance Authority. The authority is created to provide an efficient and cost-effective method of
2727 financing charter school facilities.
2728 (2) The governing board of the authority shall be composed of:
2729 (a) the governor or the governor's designee;
2730 (b) the state treasurer; and
2731 (c) the state superintendent [
2732 designee.
2733 (3) A member may not receive compensation or benefits for the member's service, but
2734 may receive per diem and travel expenses in accordance with:
2735 (a) Section 63A-3-106;
2736 (b) Section 63A-3-107; and
2737 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2738 63A-3-107.
2739 (4) Upon request, the [
2740 to the authority.
2741 Section 70. Section 53G-6-201 is amended to read:
2742 53G-6-201. Definitions.
2743 For purposes of this part:
2744 (1) (a) "Absence" or "absent" means, consistent with Subsection (1)(b), failure of a
2745 school-age minor assigned to a class or class period to attend the entire class or class period.
2746 (b) A school-age minor may not be considered absent under this part more than one
2747 time during one day.
2748 (2) "Habitual truant" means a school-age minor who:
2749 (a) is at least 12 years old;
2750 (b) is subject to the requirements of Section 53G-6-202; and
2751 (c) (i) is truant at least 10 times during one school year; or
2752 (ii) fails to cooperate with efforts on the part of school authorities to resolve the
2753 minor's attendance problem as required under Section 53G-6-206.
2754 (3) "Minor" means a person under the age of 18 years.
2755 (4) "Parent" includes:
2756 (a) a custodial parent of the minor;
2757 (b) a legally appointed guardian of a minor; or
2758 (c) any other person purporting to exercise any authority over the minor which could be
2759 exercised by a person described in Subsection (4)(a) or (b).
2760 (5) "School-age minor" means a minor who:
2761 (a) is at least six years old, but younger than 18 years old; and
2762 (b) is not emancipated.
2763 (6) "School year" means the period of time designated by a local school board or
2764 [
2765 minor:
2766 (a) is enrolled; or
2767 (b) should be enrolled, if the school-age minor is not enrolled in school.
2768 (7) "Truant" means absent without a valid excuse.
2769 (8) "Truant minor" means a school-age minor who:
2770 (a) is subject to the requirements of Section 53G-6-202 or 53G-6-203; and
2771 (b) is truant.
2772 (9) "Valid excuse" means:
2773 (a) an illness, which may be either mental or physical;
2774 (b) a family death;
2775 (c) an approved school activity;
2776 (d) an absence permitted by a school-age minor's:
2777 (i) individualized education program, developed pursuant to the Individuals with
2778 Disabilities Education Improvement Act of 2004, as amended; or
2779 (ii) accommodation plan, developed pursuant to Section 504 of the Rehabilitation Act
2780 of 1973, as amended; or
2781 (e) any other excuse established as valid by a local school board, [
2782 governing board, or school district.
2783 Section 71. Section 53G-6-202 is amended to read:
2784 53G-6-202. Compulsory education.
2785 (1) For purposes of this section:
2786 (a) "Intentionally" is as defined in Section 76-2-103.
2787 (b) "Recklessly" is as defined in Section 76-2-103.
2788 (c) "Remainder of the school year" means the portion of the school year beginning on
2789 the day after the day on which the notice of compulsory education violation described in
2790 Subsection (3) is served and ending on the last day of the school year.
2791 (d) "School-age child" means a school-age minor under the age of 14.
2792 (2) Except as provided in Section 53G-6-204 or 53G-6-702, the parent of a school-age
2793 minor shall enroll and send the school-age minor to a public or regularly established private
2794 school.
2795 (3) A school administrator, a designee of a school administrator, a law enforcement
2796 officer acting as a school resource officer, or a truancy specialist may issue a notice of
2797 compulsory education violation to a parent of a school-age child if the school-age child is
2798 absent without a valid excuse at least five times during the school year.
2799 (4) The notice of compulsory education violation, described in Subsection (3):
2800 (a) shall direct the parent of the school-age child to:
2801 (i) meet with school authorities to discuss the school-age child's school attendance
2802 problems; and
2803 (ii) cooperate with the local school board, [
2804 school district in securing regular attendance by the school-age child;
2805 (b) shall designate the school authorities with whom the parent is required to meet;
2806 (c) shall state that it is a class B misdemeanor for the parent of the school-age child to
2807 intentionally or recklessly:
2808 (i) fail to meet with the designated school authorities to discuss the school-age child's
2809 school attendance problems; or
2810 (ii) fail to prevent the school-age child from being absent without a valid excuse five or
2811 more times during the remainder of the school year;
2812 (d) shall be served on the school-age child's parent by personal service or certified
2813 mail; and
2814 (e) may not be issued unless the school-age child has been truant at least five times
2815 during the school year.
2816 (5) It is a class B misdemeanor for a parent of a school-age minor to intentionally or
2817 recklessly fail to enroll the school-age minor in school, unless the school-age minor is exempt
2818 from enrollment under Section 53G-6-204 or 53G-6-702.
2819 (6) It is a class B misdemeanor for a parent of a school-age child to, after being served
2820 with a notice of compulsory education violation in accordance with Subsections (3) and (4),
2821 intentionally or recklessly:
2822 (a) fail to meet with the school authorities designated in the notice of compulsory
2823 education violation to discuss the school-age child's school attendance problems; or
2824 (b) fail to prevent the school-age child from being absent without a valid excuse five or
2825 more times during the remainder of the school year.
2826 (7) A local school board, [
2827 report violations of this section to the appropriate county or district attorney.
2828 (8) If school personnel have reason to believe that, after a notice of compulsory
2829 education violation is issued, the parent [
2830 ensure that the child receives an appropriate education, the issuer of the compulsory education
2831 violation shall report to the Division of Child and Family Services:
2832 (a) identifying information of the child and the child's parent [
2833 received the notice of compulsory education violation;
2834 (b) information regarding the longest number of consecutive school days the
2835 school-age minor has been absent from school and the percentage of school days the child has
2836 been absent during each relevant school term;
2837 (c) whether the child has made adequate educational progress;
2838 (d) whether the requirements of Section 53G-6-206 have been met;
2839 (e) whether the child is two or more years behind the local public school's age group
2840 expectations in one or more basic skills; and
2841 (f) whether the child is receiving special education services or systematic remediation
2842 efforts.
2843 Section 72. Section 53G-6-203 is amended to read:
2844 53G-6-203. Truancy -- Notice of truancy -- Failure to cooperate with school
2845 authorities.
2846 (1) Except as provided in Section 53G-6-204 or 53G-6-702, a school-age minor who is
2847 enrolled in a public school shall attend the public school in which the school-age minor is
2848 enrolled.
2849 (2) A local school board, charter school governing board, or school district may impose
2850 administrative penalties on a school-age minor in accordance with Section 53G-8-211 who is
2851 truant.
2852 (3) A local school board or charter school governing board:
2853 (a) may authorize a school administrator, a designee of a school administrator, a law
2854 enforcement officer acting as a school resource officer, or a truancy specialist to issue notices
2855 of truancy to school-age minors who are at least 12 years old; and
2856 (b) shall establish a procedure for a school-age minor, or the school-age minor's
2857 parents, to contest a notice of truancy.
2858 (4) The notice of truancy described in Subsection (3):
2859 (a) may not be issued until the school-age minor has been truant at least five times
2860 during the school year;
2861 (b) may not be issued to a school-age minor who is less than 12 years old;
2862 (c) may not be issued to a minor exempt from school attendance as provided in Section
2863 53G-6-204 or 53G-6-702;
2864 (d) shall direct the school-age minor and the parent of the school-age minor to:
2865 (i) meet with school authorities to discuss the school-age minor's truancies; and
2866 (ii) cooperate with the local school board, [
2867 school district in securing regular attendance by the school-age minor; and
2868 (e) shall be mailed to, or served on, the school-age minor's parent.
2869 (5) Nothing in this part prohibits a local school board, charter school governing board,
2870 or school district from taking action to resolve a truancy problem with a school-age minor who
2871 has been truant less than five times, provided that the action does not conflict with the
2872 requirements of this part.
2873 Section 73. Section 53G-6-204 is amended to read:
2874 53G-6-204. Minors exempt from school attendance.
2875 (1) (a) A local school board or charter school governing board may excuse a school-age
2876 minor from attendance for any of the following reasons:
2877 (i) a school-age minor over age 16 may receive a partial release from school to enter
2878 employment, or attend a trade school, if the school-age minor has completed [
2879 8; or
2880 (ii) on an annual basis, a school-age minor may receive a full release from attending a
2881 public, regularly established private, or part-time school or class if:
2882 (A) the school-age minor has already completed the work required for graduation from
2883 high school, or has demonstrated mastery of required skills and competencies in accordance
2884 with Subsection 53F-2-501(1);
2885 (B) the school-age minor is in a physical or mental condition, certified by a competent
2886 physician if required by the local school board or charter school governing board, which
2887 renders attendance inexpedient and impracticable;
2888 (C) proper influences and adequate opportunities for education are provided in
2889 connection with the school-age minor's employment; or
2890 (D) the district superintendent or charter school governing board has determined that a
2891 school-age minor over the age of 16 is unable to profit from attendance at school because of
2892 inability or a continuing negative attitude toward school regulations and discipline.
2893 (b) A school-age minor receiving a partial release from school under Subsection
2894 (1)(a)(i) is required to attend:
2895 (i) school part time as prescribed by the local school board or charter school governing
2896 board; or
2897 (ii) a home school part time.
2898 (c) In each case, evidence of reasons for granting an exemption under Subsection (1)
2899 must be sufficient to satisfy the local school board or charter school governing board.
2900 (d) A local school board or charter school governing board that excuses a school-age
2901 minor from attendance as provided by this Subsection (1) shall issue a certificate that the minor
2902 is excused from attendance during the time specified on the certificate.
2903 (2) (a) A local school board shall excuse a school-age minor from attendance, if the
2904 school-age minor's parent files a signed and notarized affidavit with the school-age minor's
2905 school district of residence, as defined in Section 53G-6-302, that:
2906 (i) the school-age minor will attend a home school; and
2907 (ii) the parent assumes sole responsibility for the education of the school-age minor,
2908 except to the extent the school-age minor is dual enrolled in a public school as provided in
2909 Section 53G-6-702.
2910 (b) A signed and notarized affidavit filed in accordance with Subsection (2)(a) shall
2911 remain in effect as long as:
2912 (i) the school-age minor attends a home school; and
2913 (ii) the school district where the affidavit was filed remains the school-age minor's
2914 district of residence.
2915 (c) A parent of a school-age minor who attends a home school is solely responsible for:
2916 (i) the selection of instructional materials and textbooks;
2917 (ii) the time, place, and method of instruction; and
2918 (iii) the evaluation of the home school instruction.
2919 (d) A local school board may not:
2920 (i) require a parent of a school-age minor who attends a home school to maintain
2921 records of instruction or attendance;
2922 (ii) require credentials for individuals providing home school instruction;
2923 (iii) inspect home school facilities; or
2924 (iv) require standardized or other testing of home school students.
2925 (e) Upon the request of a parent, a local school board shall identify the knowledge,
2926 skills, and competencies a student is recommended to attain by grade level and subject area to
2927 assist the parent in achieving college and career readiness through home schooling.
2928 (f) A local school board that excuses a school-age minor from attendance as provided
2929 by this Subsection (2) shall annually issue a certificate stating that the school-age minor is
2930 excused from attendance for the specified school year.
2931 (g) A local school board shall issue a certificate excusing a school-age minor from
2932 attendance:
2933 (i) within 30 days after receipt of a signed and notarized affidavit filed by the
2934 school-age minor's parent pursuant to this Subsection (2); and
2935 (ii) on or before August 1 each year thereafter unless:
2936 (A) the school-age minor enrolls in a school within the school district;
2937 (B) the school-age minor's parent [
2938 school-age minor no longer attends a home school; or
2939 (C) the school-age minor's parent [
2940 school-age minor's school district of residence has changed.
2941 (3) A parent who files a signed and notarized affidavit as provided in Subsection (2)(a)
2942 is exempt from the application of Subsections 53G-6-202(2), (5), and (6).
2943 (4) Nothing in this section may be construed to prohibit or discourage voluntary
2944 cooperation, resource sharing, or testing opportunities between a school or school district and a
2945 parent [
2946 Section 74. Section 53G-6-205 is amended to read:
2947 53G-6-205. Preapproval of extended absence.
2948 In determining whether to preapprove an extended absence of a school-age minor as a
2949 valid excuse under Subsection 53G-6-201(9)(e), a local school board, [
2950 governing board, or school district shall approve the absence if the local school board, [
2951 charter school governing board, or school district determines that the extended absence will not
2952 adversely impact the school-age minor's education.
2953 Section 75. Section 53G-6-206 is amended to read:
2954 53G-6-206. Duties of a local school board, charter school governing board, or
2955 school district in resolving attendance problems -- Parental involvement -- Liability not
2956 imposed.
2957 (1) (a) Except as provided in Subsection (1)(b), a local school board, [
2958 school governing board, or school district shall make efforts to resolve the school attendance
2959 problems of each school-age minor who is, or should be, enrolled in the school district.
2960 (b) A minor exempt from school attendance under Section 53G-6-204 or 53G-6-702 is
2961 not considered to be a minor who is or should be enrolled in a school district or charter school
2962 under Subsection (1)(a).
2963 (2) The efforts described in Subsection (1) shall include, as reasonably feasible:
2964 (a) counseling of the minor by school authorities;
2965 (b) issuing a notice of truancy to a school-age minor who is at least 12 years old, in
2966 accordance with Section 53G-6-203;
2967 (c) issuing a notice of compulsory education violation to a parent of a school-age child,
2968 in accordance with Section 53G-6-202;
2969 (d) making any necessary adjustment to the curriculum and schedule to meet special
2970 needs of the minor;
2971 (e) considering alternatives proposed by a parent;
2972 (f) monitoring school attendance of the minor;
2973 (g) voluntary participation in truancy mediation, if available; and
2974 (h) providing a school-age minor's parent, upon request, with a list of resources
2975 available to assist the parent in resolving the school-age minor's attendance problems.
2976 (3) In addition to the efforts described in Subsection (2), the local school board, [
2977 charter school governing board, or school district may enlist the assistance of community and
2978 law enforcement agencies as appropriate and reasonably feasible in accordance with Section
2979 53G-8-211.
2980 (4) This section does not impose civil liability on boards of education, local school
2981 boards, [
2982 (5) Proceedings initiated under this part do not obligate or preclude action by the
2983 Division of Child and Family Services under Section 78A-6-319.
2984 Section 76. Section 53G-6-207 is amended to read:
2985 53G-6-207. Truancy specialists.
2986 A local school board or [
2987 compensation of a truancy specialist to assist in enforcing laws related to school attendance and
2988 to perform other duties prescribed by law or the state board.
2989 Section 77. Section 53G-6-208 is amended to read:
2990 53G-6-208. Taking custody of a person believed to be a truant minor --
2991 Disposition -- Reports -- Immunity from liability.
2992 (1) A peace officer or public school administrator may take a minor into temporary
2993 custody if there is reason to believe the minor is a truant minor.
2994 (2) An individual taking a school-age minor into custody under Subsection (1) shall,
2995 without unnecessary delay, release the minor to:
2996 (a) the principal of the minor's school;
2997 (b) a person who has been designated by the local school board or [
2998 school governing board to receive and return the minor to school; or
2999 (c) a truancy center established under Subsection (5).
3000 (3) If the minor refuses to return to school or go to the truancy center, the officer or
3001 administrator shall, without unnecessary delay, notify the minor's parents and release the minor
3002 to their custody.
3003 (4) If the parents cannot be reached or are unable or unwilling to accept custody and
3004 none of the options in Subsection (2) are available, the minor shall be referred to the Division
3005 of Child and Family Services.
3006 (5) (a) A local school board or [
3007 with another school board, may establish or designate truancy centers within existing school
3008 buildings and staff the centers with existing teachers or staff to provide educational guidance
3009 and counseling for truant minors. Upon receipt of a truant minor, the center shall, without
3010 unnecessary delay, notify and direct the minor's parents to come to the center, pick up the
3011 minor, and return the minor to the school in which the minor is enrolled.
3012 (b) If the parents cannot be reached or are unable or unwilling to comply with the
3013 request within a reasonable time, the center shall take such steps as are reasonably necessary to
3014 insure the safety and well being of the minor, including, when appropriate, returning the minor
3015 to school or referring the minor to the Division of Child and Family Services. A minor taken
3016 into custody under this section may not be placed in a detention center or other secure
3017 confinement facility.
3018 (6) Action taken under this section shall be reported to the appropriate school district.
3019 The district shall promptly notify the minor's parents of the action taken.
3020 (7) The Utah Governmental Immunity Act applies to all actions taken under this
3021 section.
3022 (8) Nothing in this section may be construed to grant authority to a public school
3023 administrator to place a minor in the custody of the Division of Child and Family Services,
3024 without complying with Title 62A, Chapter 4a, Part 2, Child Welfare Services, and Title 78A,
3025 Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
3026 Section 78. Section 53G-6-209 is amended to read:
3027 53G-6-209. Truancy support centers.
3028 (1) A school district may establish one or more truancy support centers for:
3029 (a) truant minors taken into custody under Section 53G-6-208; or
3030 (b) students suspended or expelled from school.
3031 (2) A truancy support center shall provide services to the truant minor and the truant
3032 minor's family, including:
3033 (a) assessments of the truant minor's needs and abilities;
3034 (b) support for the parents and truant minor through counseling and community
3035 programs; and
3036 (c) tutoring for the truant minor during the time spent at the center.
3037 (3) For the suspended or expelled student, the truancy support center shall provide an
3038 educational setting, staffed with certified teachers and aides, to provide the student with
3039 ongoing educational programming appropriate to the student's grade level.
3040 (4) In a district with a truancy support center, all students suspended or expelled from
3041 school shall be referred to the center. A parent [
3042 the center within 48 hours of the suspension or expulsion, not including weekends or holidays.
3043 The student shall register and attend classes at the truancy support center for the duration of the
3044 suspension or expulsion unless the parent [
3045 arrangements have been made for the education or supervision of the student during the time of
3046 suspension or expulsion.
3047 (5) The truancy support center may provide counseling and other support programming
3048 for students suspended or expelled from school and their parents [
3049 Section 79. Section 53G-6-302 is amended to read:
3050 53G-6-302. Child's school district of residence -- Determination -- Responsibility
3051 for providing educational services.
3052 (1) As used in this section:
3053 (a) "Health care facility" means the same as that term is defined in Section 26-21-2.
3054 (b) "Human services program" means the same as that term is defined in Section
3055 62A-2-101.
3056 (2) The school district of residence of a minor child whose custodial parent [
3057
3058 (a) the school district in which the custodial parent [
3059 (b) the school district in which the child resides:
3060 (i) while in the custody or under the supervision of a Utah state agency;
3061 (ii) while under the supervision of a private or public agency which is in compliance
3062 with Section 62A-4a-606 and is authorized to provide child placement services by the state;
3063 (iii) while living with a responsible adult resident of the district, if a determination has
3064 been made in accordance with rules made by the [
3065
3066 (A) the child's physical, mental, moral, or emotional health will best be served by
3067 considering the child to be a resident for school purposes;
3068 (B) exigent circumstances exist that do not permit the case to be appropriately
3069 addressed under Section 53G-6-402; and
3070 (C) considering the child to be a resident of the district under this Subsection (2)(b)(iii)
3071 does not violate any other law or rule of the [
3072 (iv) while the child is receiving services from a health care facility or human services
3073 program, if a determination has been made in accordance with rules made by the [
3074
3075 state board that:
3076 (A) the child's physical, mental, moral, or emotional health will best be served by
3077 considering the child to be a resident for school purposes;
3078 (B) exigent circumstances exist that do not permit the case to be appropriately
3079 addressed under Section 53G-6-402; and
3080 (C) considering the child to be a resident of the district under this Subsection (2)(b)(iv)
3081 does not violate any other law or rule of the [
3082 (v) if the child is married or has been determined to be an emancipated minor by a
3083 court of law or by a state administrative agency authorized to make that determination.
3084 (3) A minor child whose custodial parent [
3085 is considered to be a resident of the district in which the child lives, unless that designation
3086 violates any other law or rule of the [
3087 (a) the child is married or an emancipated minor under Subsection (2)(b)(v);
3088 (b) the child lives with a resident of the district who is a responsible adult and whom
3089 the district agrees to designate as the child's legal guardian under Section 53G-6-303;
3090 (c) if permissible under policies adopted by a local school board, it is established to the
3091 satisfaction of the local school board that:
3092 (i) the child lives with a responsible adult who is a resident of the district and is the
3093 child's noncustodial parent, grandparent, brother, sister, uncle, or aunt;
3094 (ii) the child's presence in the district is not for the primary purpose of attending the
3095 public schools;
3096 (iii) the child's physical, mental, moral, or emotional health will best be served by
3097 considering the child to be a resident for school purposes; and
3098 (iv) the child is prepared to abide by the [
3099 district in which attendance is sought; or
3100 (d) it is established to the satisfaction of the local school board that:
3101 (i) the child's parent [
3102 (ii) the child's parent [
3103 75-5-103 that:
3104 (A) meets the requirements of Subsection (4); and
3105 (B) delegates powers regarding care, custody, or property, including schooling, to a
3106 responsible adult with whom the child resides;
3107 (iii) the responsible adult described in Subsection (3)(d)(ii)(B) is a resident of the
3108 district;
3109 (iv) the child's physical, mental, moral, or emotional health will best be served by
3110 considering the child to be a resident for school purposes;
3111 (v) the child is prepared to abide by the [
3112 district in which attendance is sought; and
3113 (vi) the child's attendance in the school will not be detrimental to the school or school
3114 district.
3115 (4) (a) If admission is sought under Subsection (2)(b)(iii), (3)(c), or (3)(d), then the
3116 district may require the person with whom the child lives to be designated as the child's
3117 custodian in a durable power of attorney, issued by the party who has legal custody of the child,
3118 granting the custodian full authority to take any appropriate action, including authorization for
3119 educational or medical services, in the interests of the child.
3120 (b) Both the party granting and the party empowered by the power of attorney shall
3121 agree to:
3122 (i) assume responsibility for any fees or other charges relating to the child's education
3123 in the district; and
3124 (ii) if eligibility for fee waivers is claimed under Section 53G-7-504, provide the
3125 school district with all financial information requested by the district for purposes of
3126 determining eligibility for fee waivers.
3127 (c) Notwithstanding Section 75-5-103, a power of attorney meeting the requirements of
3128 this section and accepted by the school district shall remain in force until the earliest of the
3129 following occurs:
3130 (i) the child reaches the age of 18, marries, or becomes emancipated;
3131 (ii) the expiration date stated in the document; or
3132 (iii) the power of attorney is revoked or rendered inoperative by the grantor or grantee,
3133 or by order of a court of competent jurisdiction.
3134 (5) A power of attorney does not confer legal guardianship.
3135 (6) Each school district is responsible for providing educational services for all
3136 children of school age who are residents of the district.
3137 Section 80. Section 53G-6-303 is amended to read:
3138 53G-6-303. Guardianship for residency purposes by responsible adult --
3139 Procedure to obtain -- Termination.
3140 (1) For purposes of this part, "responsible adult" means a person 21 years of age or
3141 older who is a resident of this state and is willing and able to provide reasonably adequate food,
3142 clothing, shelter, and supervision for a minor child.
3143 (2) A local school board [
3144 responsible adult residing in the school district as legal guardian of a child whose custodial
3145 parent [
3146 requirements:
3147 (a) submission to the school district of a signed and notarized affidavit by the child's
3148 custodial parent [
3149 (i) the child's presence in the district is not for the primary purpose of attending the
3150 public schools;
3151 (ii) the child's physical, mental, moral, or emotional health would best be served by a
3152 transfer of guardianship to the Utah resident;
3153 (iii) the affiant is aware that designation of a guardian under this section is equivalent
3154 to a court-ordered guardianship under Section 75-5-206 and will suspend or terminate any
3155 existing parental or guardianship rights in the same manner as would occur under a
3156 court-ordered guardianship;
3157 (iv) the affiant consents and submits to any such suspension or termination of parental
3158 or guardianship rights;
3159 (v) the affiant consents and submits to the jurisdiction of the state district court in
3160 which the school district is located in any action relating to the guardianship or custody of the
3161 child in question;
3162 (vi) the affiant designates a named responsible adult as agent, authorized to accept
3163 service on behalf of the affiant of any process, notice, or demand required or permitted to be
3164 served in connection with any action under Subsection (2)(a)(v); and
3165 (vii) it is the affiant's intent that the child become a permanent resident of the state and
3166 reside with and be under the supervision of the named responsible adult;
3167 (b) submission to the school district of a signed and notarized affidavit by the
3168 responsible adult stating that:
3169 (i) the affiant is a resident of the school district and desires to become the guardian of
3170 the child;
3171 (ii) the affiant consents and submits to the jurisdiction of the state district court in
3172 which the school district is located in any action relating to the guardianship or custody of the
3173 child in question;
3174 (iii) the affiant will accept the responsibilities of guardianship for the duration,
3175 including the responsibility to provide adequate supervision, discipline, food, shelter,
3176 educational and emotional support, and medical care for the child if designated as the child's
3177 guardian; and
3178 (iv) the affiant accepts the designation as agent under Subsection (2)(a)(vi);
3179 (c) submission to the school district of a signed and notarized affidavit by the child
3180 stating that:
3181 (i) the child desires to become a permanent resident of Utah and reside with and be
3182 responsible to the named responsible adult; and
3183 (ii) the child will abide by all applicable [
3184 child may attend after guardianship is awarded; and
3185 (d) if the child's custodial parent [
3186 the statement required under Subsection (2)(a), the responsible adult must submit an affidavit
3187 to that effect to the district. The district shall also submit a copy of the statement to the
3188 Criminal Investigations and Technical Services Division of the Department of Public Safety,
3189 established in Section 53-10-103.
3190 (3) The district may require the responsible adult, in addition to the documents set forth
3191 in Subsection (2), to also submit any other documents which are relevant to the appointment of
3192 a guardian of a minor or which the district reasonably believes to be necessary in connection
3193 with a given application to substantiate any claim or assertion made in connection with the
3194 application for guardianship.
3195 (4) Upon receipt of the information and documentation required under Subsections (2)
3196 and (3), and a determination by the local school board that the information is accurate, that the
3197 requirements of this section have been met, and that the interests of the child would best be
3198 served by granting the requested guardianship, the local school board or its authorized
3199 representative may designate the applicant as guardian of the child by issuing a designation of
3200 guardianship letter to the applicant.
3201 (5) (a) If a local school board has adopted a policy permitting the local school board to
3202 designate a guardian under this section, a denial of an application for appointment of a
3203 guardian may be appealed to the district court in which the school district is located.
3204 (b) The court shall uphold the decision of the local school board unless it finds, by
3205 clear and convincing evidence, that the local school board's decision was arbitrary and
3206 capricious.
3207 (c) An applicant may, rather than appealing the local school board's decision under
3208 Subsection (5)(b), file an original Petition for Appointment of Guardian with the district court,
3209 which action shall proceed as if no decision had been made by the local school board.
3210 (6) A responsible adult obtaining guardianship under this section has the same rights,
3211 authority, and responsibilities as a guardian appointed under Section 75-5-201.
3212 (7) (a) The school district shall deliver the original documents filed with the school
3213 district, together with a copy of the designation of guardianship issued by the district, in person
3214 or by any form of mail requiring a signed receipt, to the clerk of the state district court in which
3215 the school district is located.
3216 (b) The court may not charge the school district a fee for filing guardianship papers
3217 under this section.
3218 (8) (a) The authority and responsibility of a custodial parent [
3219 submitting an affidavit under this section may be restored by the district, and the guardianship
3220 obtained under this section terminated by the district:
3221 (i) upon submission to the school district in which the guardianship was obtained of a
3222 signed and notarized statement by the person who consented to guardianship under Subsection
3223 (2)(a) requesting termination of the guardianship; or
3224 (ii) by the person accepting guardianship under Subsection (2)(b) requesting the
3225 termination of the guardianship.
3226 (b) If the school district determines that it would not be in the best interests of the child
3227 to terminate the guardianship, the district may refer the request for termination to the state
3228 district court in which the documents were filed under Subsection (5) for further action
3229 consistent with the interests of the child.
3230 (9) The school district shall retain copies of all documents required by this section
3231 until the child in question has reached the age of 18 unless directed to surrender the documents
3232 by a court of competent jurisdiction.
3233 (10) (a) Intentional submission to a school district of fraudulent or misleading
3234 information under this part is punishable under Section 76-8-504.
3235 (b) A school district which has reason to believe that a party has intentionally
3236 submitted false or misleading information under this part may, after notice and opportunity for
3237 the party to respond to the allegation:
3238 (i) void any guardianship, authorization, or action which was based upon the false or
3239 misleading information; and
3240 (ii) recover, from the party submitting the information, the full cost of any benefits
3241 received by the child on the basis of the false or misleading information, including tuition, fees,
3242 and other unpaid school charges, together with any related costs of recovery.
3243 (c) A student whose guardianship or enrollment has been terminated under this section
3244 may, upon payment of all applicable tuition and fees, continue in enrollment until the end of
3245 the school year unless excluded from attendance for cause.
3246 Section 81. Section 53G-6-305 is amended to read:
3247 53G-6-305. District paying tuition -- Effect on state aid.
3248 (1) A local school board may by written agreement pay the tuition of a child attending
3249 school in a district outside the state. Both districts shall approve the agreement and file it with
3250 the [
3251 (2) The average daily membership of the child may be added to that of other eligible
3252 children attending schools within the district of residence for the purpose of apportionment of
3253 state funds.
3254 (3) (a) The district of residence shall bear any excess tuition costs over the state's
3255 contribution for attendance in the district of residence unless otherwise approved in advance by
3256 the [
3257 (b) (i) If a child who resides in a Utah school district's boundaries attends school in a
3258 neighboring state under this section, the [
3259 out-of-state tuition payment to the Utah school district of residence.
3260 (ii) If the [
3261 out-of-state tuition payment described in Subsection (3)(b)(i), the [
3262 state board shall use funds appropriated by the Legislature for necessarily existent small
3263 schools as described in Section 53F-2-304.
3264 Section 82. Section 53G-6-306 is amended to read:
3265 53G-6-306. Permitting attendance by nonresident of the state -- Tuition.
3266 (1) A local school board may permit a child residing outside the state to attend school
3267 within the district. With the exception of a child enrolled under Section 53G-6-707, the child
3268 is not included for the purpose of apportionment of state funds.
3269 (2) The local school board shall charge the nonresident child tuition at least equal to
3270 the per capita cost of the school program in which the child enrolls unless the local school
3271 board, in open meeting, determines to waive the charge for that child in whole or in part. The
3272 official minutes of the meeting shall reflect the determination.
3273 Section 83. Section 53G-6-401 is amended to read:
3274 53G-6-401. Definitions.
3275 As used in Sections 53G-6-402 through 53G-6-407:
3276 (1) "Early enrollment" means:
3277 (a) except as provided in Subsection (1)(b), application prior to the third Friday in
3278 February for admission for the next school year to a school that is not a student's school of
3279 residence; and
3280 (b) application prior to November 1 for admission for the next school year to a school
3281 that is not a student's school of residence if:
3282 (i) the school district is doing a district wide grade reconfiguration of its elementary,
3283 middle, junior, and senior high schools; and
3284 (ii) the grade reconfiguration described in Subsection (1)(b)(i) will be implemented in
3285 the next school year.
3286 (2) (a) "Early enrollment school capacity" or "maximum capacity" means the total
3287 number of students who could be served in a school building if each of the building's
3288 instructional stations were to have the enrollment specified in Subsection (2)(b).
3289 (b) (i) Except as provided in Subsection (2)(b)(ii):
3290 (A) for an elementary school, an instructional station shall have an enrollment at least
3291 equal to the school district's average class size for the corresponding grade; and
3292 (B) for a middle, junior, or senior high school, an instructional station shall have an
3293 enrollment at least equal to the district's average class size for similar classes.
3294 (ii) (A) A local school board shall determine the instructional station capacity for
3295 laboratories, physical education facilities, shops, study halls, self-contained special education
3296 classrooms, facilities jointly financed by the school district and another community agency for
3297 joint use, and similar rooms.
3298 (B) Capacity for self-contained special education classrooms shall be based upon
3299 students per class as defined by [
3300 education standards.
3301 (3) (a) "Instructional station" means a classroom, laboratory, shop, study hall, or
3302 physical education facility to which a local school board [
3303 a class, teacher, or program during a given class period.
3304 (b) More than one instructional station may be assigned to a classroom, laboratory,
3305 shop, study hall, or physical education facility during a class period.
3306 (4) "Late enrollment" means application:
3307 (a) after the third Friday in February for admission for the next school year to a school
3308 that is not the student's school of residence; or
3309 (b) for admission for the current year to a school that is not the student's school of
3310 residence.
3311 (5) (a) "Late enrollment school capacity" or "adjusted capacity" means the total number
3312 of students who could be served in a school if each teacher were to have the class size specified
3313 in Subsection (5)(b).
3314 (b) (i) An elementary school teacher shall have a class size at least equal to the district's
3315 average class size for the corresponding grade.
3316 (ii) A middle, junior, or senior high school teacher shall have a class size at least equal
3317 to the district's average class size for similar classes.
3318 (6) "Nonresident student" means a student who lives outside the boundaries of the
3319 school attendance area.
3320 (7) "Open enrollment threshold" means:
3321 (a) for early enrollment, a projected school enrollment level that is the greater of:
3322 (i) 90% of the maximum capacity; or
3323 (ii) maximum capacity minus 40 students; and
3324 (b) for late enrollment, actual school enrollment that is the greater of:
3325 (i) 90% of adjusted capacity; or
3326 (ii) adjusted capacity minus 40 students.
3327 (8) "Projected school enrollment" means the current year enrollment of a school as of
3328 October 1, adjusted for projected growth for the next school year.
3329 (9) "School attendance area" means an area established by a local school board from
3330 which students are assigned to attend a certain school.
3331 (10) "School of residence" means the school to which a student is assigned to attend
3332 based on the student's place of residence.
3333 Section 84. Section 53G-6-402 is amended to read:
3334 53G-6-402. Open enrollment options -- Procedures -- Processing fee -- Continuing
3335 enrollment.
3336 (1) Each local school board is responsible for providing educational services consistent
3337 with Utah state law and rules of the [
3338 who resides in the district and, as provided in this section through Section 53G-6-407 and to
3339 the extent reasonably feasible, for any student who resides in another district in the state and
3340 desires to attend a school in the district.
3341 (2) (a) A school is open for enrollment of nonresident students if the enrollment level
3342 is at or below the open enrollment threshold.
3343 (b) If a school's enrollment falls below the open enrollment threshold, the local school
3344 board shall allow a nonresident student to enroll in the school.
3345 (3) A local school board may allow enrollment of nonresident students in a school that
3346 is operating above the open enrollment threshold.
3347 (4) (a) A local school board shall adopt policies describing procedures for nonresident
3348 students to follow in applying for entry into the district's schools.
3349 (b) Those procedures shall provide, as a minimum, for:
3350 (i) distribution to interested parties of information about the school or school district
3351 and how to apply for admission;
3352 (ii) use of standard application forms prescribed by the [
3353 board;
3354 (iii) (A) submission of applications from December 1 through the third Friday in
3355 February by those seeking admission during the early enrollment period for the following year;
3356 or
3357 (B) submission of applications from August 1 through November 1 by those seeking
3358 admission during the early enrollment period for the following year in a school district
3359 described in Subsection 53G-6-401(1)(b);
3360 (iv) submission of applications by those seeking admission during the late enrollment
3361 period;
3362 (v) written notification to the student's parent [
3363 rejection of an application:
3364 (A) within six weeks after receipt of the application by the district or by March 31,
3365 whichever is later, for applications submitted during the early enrollment period;
3366 (B) within two weeks after receipt of the application by the district or by the Friday
3367 before the new school year begins, whichever is later, for applications submitted during the late
3368 enrollment period for admission in the next school year; and
3369 (C) within two weeks after receipt of the application by the district, for applications
3370 submitted during the late enrollment period for admission in the current year;
3371 (vi) written notification to the resident school for intradistrict transfers or the resident
3372 district for interdistrict transfers upon acceptance of a nonresident student for enrollment; and
3373 (vii) written notification to the parents [
3374 within the school district and other interested parties of the revised early enrollment period
3375 described in Subsection 53G-6-401(1)(b) if:
3376 (A) the school district is doing a district wide grade reconfiguration of its elementary,
3377 middle, junior, and senior high schools; and
3378 (B) the grade reconfiguration described in Subsection (4)(b)(vii)(A) will be
3379 implemented in the next school year.
3380 (c) (i) Notwithstanding the dates established in Subsection (4)(b) for submitting
3381 applications and notifying parents of acceptance or rejection of an application, a local school
3382 board may delay the dates if a local school board is not able to make a reasonably accurate
3383 projection of the early enrollment school capacity or late enrollment school capacity of a school
3384 due to:
3385 (A) school construction or remodeling;
3386 (B) drawing or revision of school boundaries; or
3387 (C) other circumstances beyond the control of the local school board.
3388 (ii) The delay may extend no later than four weeks beyond the date the local school
3389 board is able to make a reasonably accurate projection of the early enrollment school capacity
3390 or late enrollment school capacity of a school.
3391 (5) A school district may charge a one-time $5 processing fee, to be paid at the time of
3392 application.
3393 (6) An enrolled nonresident student shall be permitted to remain enrolled in a school,
3394 subject to the same rules and standards as resident students, without renewed applications in
3395 subsequent years unless one of the following occurs:
3396 (a) the student graduates;
3397 (b) the student is no longer a Utah resident;
3398 (c) the student is suspended or expelled from school; or
3399 (d) the district determines that enrollment within the school will exceed the school's
3400 open enrollment threshold.
3401 (7) (a) Determination of which nonresident students will be excluded from continued
3402 enrollment in a school during a subsequent year under Subsection (6)(d) is based upon time in
3403 the school, with those most recently enrolled being excluded first and the use of a lottery
3404 system when multiple nonresident students have the same number of school days in the school.
3405 (b) Nonresident students who will not be permitted to continue their enrollment shall
3406 be notified no later than March 15 of the current school year.
3407 (8) The parent [
3408 school of residence may withdraw the student from that school for enrollment in another public
3409 school by submitting notice of intent to enroll the student in:
3410 (a) the district of residence; or
3411 (b) another nonresident district.
3412 (9) Unless provisions have previously been made for enrollment in another school, a
3413 nonresident district releasing a student from enrollment shall immediately notify the district of
3414 residence, which shall enroll the student in the resident district and take such additional steps
3415 as may be necessary to ensure compliance with laws governing school attendance.
3416 (10) (a) Except as provided in Subsection (10)(c), a student who transfers between
3417 schools, whether effective on the first day of the school year or after the school year has begun,
3418 by exercising an open enrollment option under this section may not transfer to a different
3419 school during the same school year by exercising an open enrollment option under this section.
3420 (b) The restriction on transfers specified in Subsection (10)(a) does not apply to a
3421 student transfer made for health or safety reasons.
3422 (c) A local school board may adopt a policy allowing a student to exercise an open
3423 enrollment option more than once in a school year.
3424 (11) Notwithstanding Subsections (2) and (6)(d), a student who is enrolled in a school
3425 that is not the student's school of residence, because school bus service is not provided between
3426 the student's neighborhood and school of residence for safety reasons:
3427 (a) shall be allowed to continue to attend the school until the student finishes the
3428 highest grade level offered; and
3429 (b) shall be allowed to attend the middle school, junior high school, or high school into
3430 which the school's students feed until the student graduates from high school.
3431 (12) Notwithstanding any other provision of this part or Part 3, School District
3432 Residency, a student shall be allowed to enroll in any charter school or other public school in
3433 any district, including a district where the student does not reside, if the enrollment is
3434 necessary, as determined by the Division of Child and Family Services, to comply with the
3435 provisions of 42 U.S.C. Section 675.
3436 Section 85. Section 53G-6-403 is amended to read:
3437 53G-6-403. Policies for acceptance and rejection of applications.
3438 (1) (a) A local school board shall adopt [
3439 rejection of applications required under Section 53G-6-402.
3440 (b) The [
3441 procedures to assure that decisions regarding enrollment requests are administered fairly
3442 without prejudice to any student or class of student, except as provided in Subsection (2).
3443 (2) Standards for accepting or rejecting an application for enrollment may include:
3444 (a) for an elementary school, the capacity of the grade level;
3445 (b) for a secondary school, the capacity of a comprehensive program;
3446 (c) maintenance of heterogeneous student populations if necessary to avoid violation of
3447 constitutional or statutory rights of students;
3448 (d) not offering, or having capacity in, an elementary or secondary special education or
3449 other special program the student requires;
3450 (e) maintenance of reduced class sizes:
3451 (i) in a Title I school that uses federal, state, and local money to reduce class sizes for
3452 the purpose of improving student achievement; or
3453 (ii) in a school that uses school trust money to reduce class size;
3454 (f) willingness of prospective students to comply with district policies; and
3455 (g) giving priority to intradistrict transfers over interdistrict transfers.
3456 (3) (a) Standards for accepting or rejecting applications for enrollment may not
3457 include:
3458 (i) previous academic achievement;
3459 (ii) athletic or other extracurricular ability;
3460 (iii) the fact that the student requires special education services for which space is
3461 available;
3462 (iv) proficiency in the English language; or
3463 (v) previous disciplinary proceedings, except as provided in Subsection (3)(b).
3464 (b) A local school board may provide for the denial of applications from students who:
3465 (i) have committed serious infractions of the law or school [
3466 [
3467 (ii) have been guilty of chronic misbehavior which would, if it were to continue after
3468 the student was admitted:
3469 (A) endanger persons or property;
3470 (B) cause serious disruptions in the school; or
3471 (C) place unreasonable burdens on school staff.
3472 (c) A local school board may also provide for provisional enrollment of students with
3473 prior behavior problems, establishing conditions under which enrollment of a nonresident
3474 student would be permitted or continued.
3475 (4) (a) The [
3476 School Activities Association, shall establish policies regarding nonresident student
3477 participation in interscholastic competition.
3478 (b) Nonresident students shall be eligible for extracurricular activities at a public
3479 school consistent with eligibility standards as applied to students that reside within the school
3480 attendance area, except as provided by policies established under Subsection (4)(a).
3481 (5) For each school in the district, the local school board shall post on the school
3482 district's website:
3483 (a) the school's maximum capacity;
3484 (b) the school's adjusted capacity;
3485 (c) the school's projected enrollment used in the calculation of the open enrollment
3486 threshold;
3487 (d) actual enrollment on October 1, January 2, and April 1;
3488 (e) the number of nonresident student enrollment requests;
3489 (f) the number of nonresident student enrollment requests accepted; and
3490 (g) the number of resident students transferring to another school.
3491 Section 86. Section 53G-6-404 is amended to read:
3492 53G-6-404. Denial of enrollment -- Appeal.
3493 (1) Denial of initial or continuing enrollment in a nonresident school may be appealed
3494 to the local school board [
3495 (2) The decision of the local school board shall be upheld in any subsequent
3496 proceedings unless the local school board's decision is found, by clear and convincing
3497 evidence, to be in violation of applicable law or regulation, or to be arbitrary and capricious.
3498 Section 87. Section 53G-6-405 is amended to read:
3499 53G-6-405. Funding.
3500 (1) A student who enrolls in a nonresident district is considered a resident of that
3501 district for purposes of state funding.
3502 (2) The [
3503 (a) the resident district pay the nonresident district, for each of the resident district's
3504 students who enroll in the nonresident district, 1/2 of the amount by which the resident
3505 district's per student expenditure exceeds the value of the state's contribution; and
3506 (b) if a student is enrolled in a nonresident district for less than a full year, the resident
3507 district shall pay a portion of the amount specified in Subsection (2)(a) based on the percentage
3508 of school days the student is enrolled in the nonresident district.
3509 (3) (a) Except as provided in this Subsection (3), the parent [
3510 nonresident student shall arrange for the student's own transportation to and from school.
3511 (b) The [
3512 nonresident students may be transported to their schools of attendance if:
3513 (i) the transportation of students to schools in other districts would relieve
3514 overcrowding or other serious problems in the district of residence and the costs of
3515 transportation are not excessive; or
3516 (ii) the Legislature has granted an adequate specific appropriation for that purpose.
3517 (c) A receiving district shall provide transportation for a nonresident student on the
3518 basis of available space on an approved route within the district to the school of attendance if
3519 district students would be eligible for transportation to the same school from that point on the
3520 bus route and the student's presence does not increase the cost of the bus route.
3521 (d) Nothing in this section shall be construed as prohibiting the resident district or the
3522 receiving district from providing bus transportation on any approved route.
3523 (e) Except as provided in Subsection (3)(b), the district of residence may not claim any
3524 state transportation costs for students enrolled in other school districts.
3525 Section 88. Section 53G-6-406 is amended to read:
3526 53G-6-406. Graduation credits.
3527 (1) A nonresident district shall accept credits toward graduation that were awarded by a
3528 school accredited or approved by the [
3529 accrediting body recognized by the U.S. Department of Education.
3530 (2) A nonresident district shall award a diploma to a nonresident student attending
3531 school within the district during the semester immediately preceding graduation if the student
3532 meets graduation requirements generally applicable to students in the school.
3533 (3) A district may not require that a student attend school within the district for more
3534 than one semester prior to graduation in order to receive a diploma.
3535 Section 89. Section 53G-6-407 is amended to read:
3536 53G-6-407. Intradistrict transfers for students impacted by boundary changes --
3537 Transportation of students who transfer within a district.
3538 (1) (a) In adjusting school boundaries, a local school board shall strive to avoid
3539 requiring current students to change schools and shall, to the extent reasonably feasible,
3540 accommodate parents who wish to avoid having their children attend different schools of the
3541 same level because of boundary changes which occur after one or more children in the family
3542 begin attending one of the affected schools.
3543 (b) In granting interdistrict and intradistrict transfers to a particular school, the local
3544 school board shall take into consideration the fact that an applicant's brother or sister is
3545 attending the school or another school within the district.
3546 (2) (a) A district shall receive transportation money under Sections 53F-2-402 and
3547 53F-2-403 for resident students who enroll in schools other than the regularly assigned school
3548 on the basis of the distance from the student's residence to the school the student would have
3549 attended had the intradistrict attendance option not been used.
3550 (b) The parent [
3551 to and from school, except that the district shall provide transportation on the basis of available
3552 space on an approved route within the district to the school of the student's attendance if the
3553 student would be otherwise eligible for transportation to the same school from that point on the
3554 bus route and the student's presence does not increase the cost of the bus route.
3555 Section 90. Section 53G-6-501 is amended to read:
3556 53G-6-501. Definitions.
3557 As used in this part:
3558 (1) "Asset" means the same as that term is defined in Section 53G-5-102.
3559 (2) "Board of trustees of a higher education institution" or "board of trustees" means
3560 the same as that term is defined in Section 53G-5-102.
3561 [
3562
3563 [
3564 defined in Section 53G-5-102.
3565 [
3566 Section 91. Section 53G-6-502 is amended to read:
3567 53G-6-502. Eligible students.
3568 (1) As used in this section:
3569 (a) "At capacity" means operating above the school's open enrollment threshold.
3570 [
3571
3572
3573 [
3574 53G-6-401.
3575 [
3576 from the federal Office of Refugee Resettlement.
3577 [
3578 53G-6-401.
3579 (2) All resident students of the state qualify for admission to a charter school, subject
3580 to the limitations set forth in this section and Section 53G-6-503.
3581 (3) (a) A charter school shall enroll an eligible student who submits a timely
3582 application, unless the number of applications exceeds the capacity of a program, class, grade
3583 level, or the charter school.
3584 (b) If the number of applications exceeds the capacity of a program, class, grade level,
3585 or the charter school, the charter school shall select students on a random basis, except as
3586 provided in Subsections (4) through (8).
3587 (4) A charter school may give an enrollment preference to:
3588 (a) a child or grandchild of an individual who has actively participated in the
3589 development of the charter school;
3590 (b) a child or grandchild of a member of the charter school governing board;
3591 (c) a sibling of an individual who was previously or is presently enrolled in the charter
3592 school;
3593 (d) a child of an employee of the charter school;
3594 (e) a student articulating between charter schools offering similar programs that are
3595 governed by the same charter school governing board;
3596 (f) a student articulating from one charter school to another pursuant to an articulation
3597 agreement between the charter schools that is approved by the State Charter School Board; or
3598 (g) a student who resides within up to a two-mile radius of the charter school and
3599 whose school of residence is at capacity.
3600 (5) (a) Except as provided in Subsection (5)(b), and notwithstanding Subsection (4)(g),
3601 a charter school that is approved by the [
3602 2014, and is located in a high growth area as defined in Section 53G-6-504 shall give an
3603 enrollment preference to a student who resides within a two-mile radius of the charter school.
3604 (b) The requirement to give an enrollment preference under Subsection (5)(a) does not
3605 apply to a charter school that was approved without a high priority status pursuant to
3606 Subsection 53G-6-504(7)(b).
3607 (6) If a district school converts to charter status, the charter school shall give an
3608 enrollment preference to students who would have otherwise attended it as a district school.
3609 (7) (a) A charter school whose mission is to enhance learning opportunities for
3610 refugees or children of refugee families may give an enrollment preference to refugees or
3611 children of refugee families.
3612 (b) A charter school whose mission is to enhance learning opportunities for English
3613 language learners may give an enrollment preference to English language learners.
3614 (8) A charter school may weight the charter school's lottery to give a slightly better
3615 chance of admission to educationally disadvantaged students, including:
3616 (a) low-income students;
3617 (b) students with disabilities;
3618 (c) English language learners;
3619 (d) migrant students;
3620 (e) neglected or delinquent students; and
3621 (f) homeless students.
3622 (9) A charter school may not discriminate in the charter school's admission policies or
3623 practices on the same basis as other public schools may not discriminate in admission policies
3624 and practices.
3625 Section 92. Section 53G-6-503 is amended to read:
3626 53G-6-503. Charter school students -- Admissions procedures -- Transfers.
3627 (1) As used in this section:
3628 [
3629
3630
3631 [
3632 school district of residence.
3633 [
3634 determined under Section 53G-6-302.
3635 [
3636 attend based on the student's place of residence.
3637 (2) (a) The [
3638 School Board, shall make rules describing procedures for students to follow in applying for
3639 entry into, or exiting, a charter school.
3640 (b) The rules under Subsection (2)(a) shall, at a minimum, provide for:
3641 (i) posting on a charter school's Internet website, beginning no later than 60 days before
3642 the school's initial period of applications:
3643 (A) procedures for applying for admission to the charter school;
3644 (B) the school's opening date, if the school has not yet opened, or the school calendar;
3645 and
3646 (C) information on how a student may transfer from a charter school to another charter
3647 school or a district school;
3648 (ii) written notification to a student's parent [
3649 admission;
3650 (iii) written acceptance of an offer of admission by a student's parent [
3651
3652 (iv) written notification to a student's current charter school or school district of
3653 residence upon acceptance of the student for enrollment in a charter school; and
3654 (v) the admission of students at:
3655 (A) any time to protect the health or safety of a student; or
3656 (B) times other than those permitted under standard policies if there are other
3657 conditions of special need that warrant consideration.
3658 (c) The rules under Subsection (2)(a) shall prevent the parent of a student who is
3659 enrolled in a charter school or who has accepted an offer of admission to a charter school from
3660 duplicating enrollment for the student in another charter school or a school district without
3661 following the withdrawal procedures described in Subsection (3).
3662 (3) The parent of a student enrolled in a charter school may withdraw the student from
3663 the charter school for enrollment in another charter school or a school district by submitting to
3664 the charter school:
3665 (a) on or before June 30, a notice of intent to enroll the student in the student's school
3666 of residence for the following school year;
3667 (b) after June 30, a letter of acceptance for enrollment in the student's school district of
3668 residence for the following year;
3669 (c) a letter of acceptance for enrollment in the student's school district of residence in
3670 the current school year;
3671 (d) a letter of acceptance for enrollment in a nonresident school district; or
3672 (e) a letter of acceptance for enrollment in a charter school.
3673 (4) (a) A charter school shall report to a school district, by the last business day of each
3674 month the aggregate number of new students, sorted by their school of residence and grade
3675 level, who have accepted enrollment in the charter school for the following school year.
3676 (b) A school district shall report to a charter school, by the last business day of each
3677 month, the aggregate number of students enrolled in the charter school who have accepted
3678 enrollment in the school district in the following school year, sorted by grade level.
3679 (5) When a vacancy occurs because a student has withdrawn from a charter school, the
3680 charter school may immediately enroll a new student from its list of applicants.
3681 (6) Unless provisions have previously been made for enrollment in another school, a
3682 charter school releasing a student from enrollment during a school year shall immediately
3683 notify the school district of residence, which shall enroll the student in the school district of
3684 residence and take additional steps as may be necessary to ensure compliance with laws
3685 governing school attendance.
3686 (7) (a) The parent of a student enrolled in a charter school may withdraw the student
3687 from the charter school for enrollment in the student's school of residence in the following
3688 school year if an application of admission is submitted to the school district of residence by
3689 June 30.
3690 (b) If the parent of a student enrolled in a charter school submits an application of
3691 admission to the student's school district of residence after June 30 for the student's enrollment
3692 in the school district of residence in the following school year, or an application of admission is
3693 submitted for enrollment during the current school year, the student may enroll in a school of
3694 the school district of residence that has adequate capacity in:
3695 (i) the student's grade level, if the student is an elementary school student; or
3696 (ii) the core classes that the student needs to take, if the student is a secondary school
3697 student.
3698 (c) [
3699 specify how adequate capacity in a grade level or core classes is determined for the purposes of
3700 Subsection (7)(b).
3701 (8) Notwithstanding Subsection (7), a school district may enroll a student at any time
3702 to protect the health and safety of the student.
3703 (9) A school district or charter school may charge secondary students a one-time $5
3704 processing fee, to be paid at the time of application.
3705 Section 93. Section 53G-6-504 is amended to read:
3706 53G-6-504. Approval of increase in charter school enrollment capacity --
3707 Expansion.
3708 (1) For the purposes of this section:
3709 (a) "High growth area" means an area of the state where school enrollment is
3710 significantly increasing or projected to significantly increase.
3711 (b) "Next school year" means the school year that begins on or after the July 1
3712 immediately following the end of a general session of the Legislature.
3713 (2) The [
3714 school enrollment capacity subject to the Legislature:
3715 (a) appropriating funds for an increase in charter school enrollment capacity in the next
3716 school year; or
3717 (b) authorizing an increase in charter school enrollment capacity in the school year
3718 immediately following the next school year.
3719 (3) In appropriating funds for, or authorizing, an increase in charter school enrollment
3720 capacity, the Legislature shall provide a separate appropriation or authorization of enrollment
3721 capacity for a charter school proposed and approved in response to a request for applications
3722 issued under Section 53G-5-301.
3723 (4) (a) A charter school may annually submit a request to the [
3724
3725 number of students in grades 9 through 12 enrolled in an online course in the previous school
3726 year through the Statewide Online Education Program.
3727 (b) A charter school shall submit a request for an increase in enrollment capacity
3728 pursuant to Subsection (4)(a) on or before October 1 of the school year for which the increase
3729 in enrollment capacity is requested.
3730 (c) The [
3731 in enrollment capacity made under Subsection (4)(a) subject to the availability of sufficient
3732 funds appropriated under Title 53F, Chapter 2, Part 7, Charter School Funding, to provide the
3733 full amount of the per student allocation for each charter school student in the state to
3734 supplement school district property tax revenues.
3735 (d) An increase in enrollment capacity approved under Subsection (4)(c) shall be a
3736 permanent increase in the charter school's enrollment capacity.
3737 (5) (a) On or before January 1, 2017, [
3738
3739 considering suggestions from charter school authorizers, make rules establishing requirements,
3740 procedures, and deadlines for an expansion of a charter school.
3741 (b) The rules described in Subsection (5)(a) shall include rules related to:
3742 (i) an expansion of a charter school when another charter school issues a notice of
3743 closure; and
3744 (ii) the establishment of a satellite campus.
3745 (6) (a) If the Legislature does not appropriate funds for an increase in charter school
3746 enrollment capacity that is tentatively approved by the [
3747 the [
3748 expansions based on approved funds.
3749 (b) A charter school or expansion that is tentatively approved, but not funded, shall be
3750 considered to be tentatively approved for the next application year and receive priority status
3751 for available funding.
3752 (7) (a) Except as provided in Subsection (6)(b) or (7)(b), in approving an increase in
3753 charter school enrollment capacity for new charter schools and expanding charter schools, the
3754 [
3755 (i) high priority to approving a new charter school or a charter school expansion in a
3756 high growth area; and
3757 (ii) low priority to approving a new charter school or a charter school expansion in an
3758 area where student enrollment is stable or declining.
3759 (b) An applicant seeking to establish a charter school in a high growth area may elect
3760 to not receive high priority status as provided in Subsection (7)(a)(i).
3761 Section 94. Section 53G-6-702 is amended to read:
3762 53G-6-702. Dual enrollment.
3763 [
3764
3765
3766 [
3767 defined in Section 53G-6-201.
3768 (2) A person having control of a minor who is enrolled in a regularly established
3769 private school or a home school may also enroll the minor in a public school for dual
3770 enrollment purposes.
3771 (3) The minor may participate in any academic activity in the public school available to
3772 students in the minor's grade or age group, subject to compliance with the same rules and
3773 requirements that apply to a full-time student's participation in the activity.
3774 (4) (a) A student enrolled in a dual enrollment program in a district school is
3775 considered a student of the district in which the district school of attendance is located for
3776 purposes of state funding to the extent of the student's participation in the district school
3777 programs.
3778 (b) A student enrolled in a dual enrollment program in a charter school is considered a
3779 student of the charter school for purposes of state funding to the extent of the student's
3780 participation in the charter school programs.
3781 (5) [
3782
3783 to govern and regulate the transferability of credits toward graduation that are earned in a
3784 private or home school.
3785 Section 95. Section 53G-6-703 is amended to read:
3786 53G-6-703. Private school and home school students' participation in
3787 extracurricular activities in a public school.
3788 (1) As used in this section:
3789 (a) "Academic eligibility requirements" means the academic eligibility requirements
3790 that a home school student is required to meet to participate in an extracurricular activity in a
3791 public school.
3792 (b) "Minor" means the same as that term is defined in Section 53G-6-201.
3793 (c) "Parent" means the same as that term is defined in Section 53G-6-201.
3794 (d) "Principal" means the principal of the school in which a home school student
3795 participates or intends to participate in an extracurricular activity.
3796 (2) (a) A minor who is enrolled in a private school or a home school shall be eligible to
3797 participate in an extracurricular activity at a public school as provided in this section.
3798 (b) A private school student may only participate in an extracurricular activity at a
3799 public school that is not offered by the student's private school.
3800 (c) Except as provided in Subsection (2)(d), a private school student or a home school
3801 student may only participate in an extracurricular activity at:
3802 (i) the school within whose attendance boundaries the student's custodial parent [
3803
3804 (ii) the school from which the student withdrew for the purpose of attending a private
3805 or home school.
3806 (d) A school other than a school described in Subsection (2)(c)(i) or (ii) may allow a
3807 private school student or a home school student to participate in an extracurricular activity
3808 other than:
3809 (i) an interscholastic competition of athletic teams sponsored and supported by a public
3810 school; or
3811 (ii) an interscholastic contest or competition for music, drama, or forensic groups or
3812 teams sponsored and supported by a public school.
3813 (3) (a) Except as provided in Subsections (4) through (13), a private school or home
3814 school student shall be eligible to participate in an extracurricular activity at a public school
3815 consistent with eligibility standards:
3816 (i) applied to a fully enrolled public school student;
3817 (ii) of the public school where the private school or home school student participates in
3818 an extracurricular activity; and
3819 (iii) for the extracurricular activity in which the private school or home school student
3820 participates.
3821 (b) A school district or public school may not impose additional requirements on a
3822 private school or home school student to participate in an extracurricular activity that are not
3823 imposed on a fully enrolled public school student.
3824 (c) (i) A private school or home school student who participates in an extracurricular
3825 activity at a public school shall pay the same fees as required of a fully enrolled public school
3826 student to participate in an extracurricular activity.
3827 (ii) If a local school board or charter school governing board imposes a mandatory
3828 student activity fee for a student enrolled in a public school, the fee may be imposed on a
3829 private school or home school student who participates in an extracurricular activity at the
3830 public school if the same benefits of paying the mandatory student activity fee that are
3831 available to a fully enrolled public school student are available to a private school or home
3832 school student who participates in an extracurricular activity at the public school.
3833 (4) Eligibility requirements based on school attendance are not applicable to a home
3834 school student.
3835 (5) A home school student meets academic eligibility requirements to participate in an
3836 extracurricular activity if:
3837 (a) the student is mastering the material in each course or subject being taught; and
3838 (b) the student is maintaining satisfactory progress towards achievement or promotion.
3839 (6) (a) To establish a home school student's academic eligibility, a parent, teacher, or
3840 organization providing instruction to the student shall submit an affidavit to the principal
3841 indicating the student meets academic eligibility requirements.
3842 (b) Upon submission of an affidavit pursuant to Subsection (6)(a), a home school
3843 student shall:
3844 (i) be considered to meet academic eligibility requirements; and
3845 (ii) retain academic eligibility for all extracurricular activities during the activity season
3846 for which the affidavit is submitted, until:
3847 (A) a panel established under Subsection (10) determines the home school student does
3848 not meet academic eligibility requirements; or
3849 (B) the person who submitted the affidavit under Subsection (6)(a) provides written
3850 notice to the school principal that the student no longer meets academic eligibility
3851 requirements.
3852 (7) (a) A home school student who loses academic eligibility pursuant to Subsection
3853 (6)(b)(ii)(B) may not participate in an extracurricular activity until the person who submitted
3854 the affidavit under Subsection (6)(a) provides written notice to the school principal that the
3855 home school student has reestablished academic eligibility.
3856 (b) If a home school student reestablishes academic eligibility pursuant to Subsection
3857 (7)(a), the home school student may participate in extracurricular activities for the remainder of
3858 the activity season for which an affidavit was submitted under Subsection (6)(a).
3859 (8) A person who has probable cause to believe a home school student does not meet
3860 academic eligibility requirements may submit an affidavit to the principal:
3861 (a) asserting the home school student does not meet academic eligibility requirements;
3862 and
3863 (b) providing information indicating that the home school student does not meet the
3864 academic eligibility requirements.
3865 (9) A principal shall review the affidavit submitted under Subsection (8), and if the
3866 principal determines it contains information which constitutes probable cause to believe a
3867 home school student may not meet academic eligibility requirements, the principal shall
3868 request a panel established pursuant to Subsection (10) to verify the student's compliance with
3869 academic eligibility requirements.
3870 (10) (a) A school district superintendent shall:
3871 (i) appoint a panel of three individuals to verify a home school student's compliance
3872 with academic eligibility requirements when requested by a principal pursuant to Subsection
3873 (9); and
3874 (ii) select the panel members from nominees submitted by national, state, or regional
3875 organizations whose members are home school students and parents.
3876 (b) Of the members appointed to a panel under Subsection (10)(a):
3877 (i) one member shall have experience teaching in a public school as a licensed teacher
3878 and in home schooling high school-age students;
3879 (ii) one member shall have experience teaching in a higher education institution and in
3880 home schooling; and
3881 (iii) one member shall have experience in home schooling high school-age students.
3882 (11) A panel appointed under Subsection (10):
3883 (a) shall review the affidavit submitted under Subsection (8);
3884 (b) may confer with the person who submitted the affidavit under Subsection (8);
3885 (c) shall request the home school student to submit test scores or a portfolio of work
3886 documenting the student's academic achievement to the panel;
3887 (d) shall review the test scores or portfolio of work; and
3888 (e) shall determine whether the home school student meets academic eligibility
3889 requirements.
3890 (12) A home school student who meets academic eligibility requirements pursuant to
3891 Subsection (11), retains academic eligibility for all extracurricular activities during the activity
3892 season for which an affidavit is submitted pursuant to Subsection (6).
3893 (13) (a) A panel's determination that a home school student does not comply with
3894 academic eligibility requirements is effective for an activity season and all extracurricular
3895 activities that have academic eligibility requirements.
3896 (b) A home school student who is not in compliance with academic eligibility
3897 requirements as determined by a panel appointed under Subsection (11) may seek to establish
3898 academic eligibility under this section for the next activity season.
3899 (14) (a) A public school student who has been declared to be academically ineligible to
3900 participate in an extracurricular activity and who subsequently enrolls in a home school shall
3901 lose eligibility for participation in the extracurricular activity until the student:
3902 (i) demonstrates academic eligibility by providing test results or a portfolio of the
3903 student's work to the school principal, provided that a student may not reestablish academic
3904 eligibility under this Subsection (14)(a) during the same activity season in which the student
3905 was declared to be academically ineligible;
3906 (ii) returns to public school and reestablishes academic eligibility; or
3907 (iii) enrolls in a private school and establishes academic eligibility.
3908 (b) A public school student who has been declared to be behaviorally ineligible to
3909 participate in an extracurricular activity and who subsequently enrolls in a home school shall
3910 lose eligibility for participation in the extracurricular activity until the student meets eligibility
3911 standards as provided in Subsection (3).
3912 (15) When selection to participate in an extracurricular activity at a public school is
3913 made on a competitive basis, a private school student and a home school student shall be
3914 eligible to try out for and participate in the activity as provided in this section.
3915 (16) (a) If a student exits a public school to enroll in a private or home school
3916 mid-semester or during an activity season, and the student desires to participate in an
3917 extracurricular activity at the public school, the public school shall issue an interim academic
3918 assessment based on the student's work in each class.
3919 (b) A student's academic eligibility to participate in an extracurricular activity under
3920 the circumstances described in Subsection (16)(a) shall be based on the student meeting public
3921 school academic eligibility standards at the time of exiting public school.
3922 (c) A student may appeal an academic eligibility determination made under Subsection
3923 (16)(b) in accordance with procedures for appealing a public school student's academic
3924 eligibility.
3925 Section 96. Section 53G-6-704 is amended to read:
3926 53G-6-704. Charter school students' participation in extracurricular activities at
3927 other public schools.
3928 (1) A charter school student is eligible to participate in an extracurricular activity not
3929 offered by the student's charter school at:
3930 (a) the school within whose attendance boundaries the student's custodial parent [
3931
3932 (b) the public school from which the student withdrew for the purpose of attending a
3933 charter school; or
3934 (c) a public school that is not a charter school if the student's charter school is located
3935 on the campus of the public school or has local school board approval to locate on the campus
3936 of the public school.
3937 (2) In addition to the public schools listed in Subsection (1), the [
3938
3939 extracurricular activity at a public school other than a public school listed in Subsection (1).
3940 (3) A school other than a school described in Subsection (1)(a), (b), or (c) may allow a
3941 charter school student to participate in extracurricular activities other than:
3942 (a) interschool competitions of athletic teams sponsored and supported by a public
3943 school; or
3944 (b) interschool contests or competitions for music, drama, or forensic groups or teams
3945 sponsored and supported by a public school.
3946 (4) A charter school student is eligible for extracurricular activities at a public school
3947 consistent with eligibility standards as applied to full-time students of the public school.
3948 (5) A school district or public school may not impose additional requirements on a
3949 charter school student to participate in extracurricular activities that are not imposed on
3950 full-time students of the public school.
3951 (6) (a) The [
3952 charter school students' participation in extracurricular activities at school district schools.
3953 (b) The rules shall provide that:
3954 (i) charter school students pay the same fees as other students to participate in
3955 extracurricular activities;
3956 (ii) charter school students are eligible for fee waivers pursuant to Section 53G-7-504;
3957 (iii) for each charter school student who participates in an extracurricular activity at a
3958 school district school, the charter school shall pay a share of the school district's costs for the
3959 extracurricular activity; and
3960 (iv) a charter school's share of the costs of an extracurricular activity shall reflect state
3961 and local tax revenues expended, except capital facilities expenditures, for an extracurricular
3962 activity in a school district or school divided by total student enrollment of the school district
3963 or school.
3964 (c) In determining a charter school's share of the costs of an extracurricular activity
3965 under Subsections (6)(b)(iii) and (iv), the [
3966 uniform fees statewide based on average costs statewide or average costs within a sample of
3967 school districts.
3968 (7) When selection to participate in an extracurricular activity at a public school is
3969 made on a competitive basis, a charter school student is eligible to try out for and participate in
3970 the activity as provided in this section.
3971 Section 97. Section 53G-6-705 is amended to read:
3972 53G-6-705. Online students' participation in extracurricular activities.
3973 (1) As used in this section:
3974 (a) "Online education" means the use of information and communication technologies
3975 to deliver educational opportunities to a student in a location other than a school.
3976 (b) "Online student" means a student who:
3977 (i) participates in an online education program sponsored or supported by the [
3978
3979 (ii) generates funding for the school district or school pursuant to Subsection
3980 53F-2-102[
3981 (2) An online student is eligible to participate in extracurricular activities at:
3982 (a) the school within whose attendance boundaries the student's custodial parent [
3983
3984 (b) the public school from which the student withdrew for the purpose of participating
3985 in an online education program.
3986 (3) A school other than a school described in Subsection (2)(a) or (b) may allow an
3987 online student to participate in extracurricular activities other than:
3988 (a) interschool competitions of athletic teams sponsored and supported by a public
3989 school; or
3990 (b) interschool contests or competitions for music, drama, or forensic groups or teams
3991 sponsored and supported by a public school.
3992 (4) An online student is eligible for extracurricular activities at a public school
3993 consistent with eligibility standards as applied to full-time students of the public school.
3994 (5) A school district or public school may not impose additional requirements on an
3995 online school student to participate in extracurricular activities that are not imposed on
3996 full-time students of the public school.
3997 (6) (a) The [
3998 an online school student's participation in extracurricular activities at school district schools.
3999 (b) The rules shall provide that:
4000 (i) online school students pay the same fees as other students to participate in
4001 extracurricular activities;
4002 (ii) online school students are eligible for fee waivers pursuant to Section 53G-7-504;
4003 (iii) for each online school student who participates in an extracurricular activity at a
4004 school district school, the online school shall pay a share of the school district's costs for the
4005 extracurricular activity; and
4006 (iv) an online school's share of the costs of an extracurricular activity shall reflect state
4007 and local tax revenues expended, except capital facilities expenditures, for an extracurricular
4008 activity in a school district or school divided by total student enrollment of the school district
4009 or school.
4010 (c) In determining an online school's share of the costs of an extracurricular activity
4011 under Subsections (6)(b)(iii) and (iv), the [
4012 uniform fees statewide based on average costs statewide or average costs within a sample of
4013 school districts.
4014 (7) When selection to participate in an extracurricular activity at a public school is
4015 made on a competitive basis, an online student is eligible to try out for and participate in the
4016 activity as provided in this section.
4017 Section 98. Section 53G-6-706 is amended to read:
4018 53G-6-706. Placement of a home school student who transfers to a public school.
4019 (1) For the purposes of this section:
4020 (a) "Home school student" means a student who attends a home school pursuant to
4021 Section 53G-6-204.
4022 (b) "Parent" means the same as that term is defined in Section 53G-6-201.
4023 (2) When a home school student transfers from a home school to a public school, the
4024 public school shall place the student in the grade levels, classes, or courses that the student's
4025 parent [
4026 appropriate based on the parent's [
4027 performance.
4028 (3) (a) Within 30 days of a home school student's placement in a public school grade
4029 level, class, or course, either the student's teacher or the student's parent [
4030 request a conference to consider changing the student's placement.
4031 (b) If the student's teacher and the student's parent [
4032 change, the public school shall place the student in the agreed upon grade level, class, or
4033 course.
4034 (c) If the student's teacher and the student's parent [
4035 placement change, the public school shall evaluate the student's subject matter mastery in
4036 accordance with Subsection (3)(d).
4037 (d) The student's parent [
4038 (i) allowing the public school to administer, to the student, assessments that are:
4039 (A) regularly administered to public school students; and
4040 (B) used to measure public school students' subject matter mastery and determine
4041 placement; or
4042 (ii) having a private entity or individual administer assessments of subject matter
4043 mastery to the student at the parent's [
4044 (e) After an evaluation of a student's subject matter mastery, a public school may
4045 change a student's placement in a grade level, class, or course.
4046 (4) This section does not apply to a student who is dual enrolled in a public school and
4047 a home school pursuant to Section 53G-6-702.
4048 Section 99. Section 53G-6-707 is amended to read:
4049 53G-6-707. Interstate compact students -- Inclusion in attendance count --
4050 Foreign exchange students -- Annual report -- Requirements for exchange student
4051 agencies.
4052 (1) A school district or charter school may include the following students in the
4053 district's or school's membership and attendance count for the purpose of apportionment of
4054 state money:
4055 (a) a student enrolled under an interstate compact, established between the [
4056
4057 student from one compact state would be permitted to enroll in a public school in the other
4058 compact state on the same basis as a resident student of the receiving state; or
4059 (b) a student receiving services under Title 62A, Chapter 4a, Part 7, Interstate Compact
4060 on Placement of Children.
4061 (2) A school district or charter school may:
4062 (a) enroll foreign exchange students that do not qualify for state money; and
4063 (b) pay for the costs of those students with other funds available to the school district
4064 or charter school.
4065 (3) Due to the benefits to all students of having the opportunity to become familiar
4066 with individuals from diverse backgrounds and cultures, school districts are encouraged to
4067 enroll foreign exchange students, as provided in Subsection (2), particularly in schools with
4068 declining or stable enrollments where the incremental cost of enrolling the foreign exchange
4069 student may be minimal.
4070 (4) The state board shall make an annual report to the Legislature on the number of
4071 exchange students and the number of interstate compact students sent to or received from
4072 public schools outside the state.
4073 (5) (a) A local school board or charter school governing board shall require each
4074 approved exchange student agency to provide it with a sworn affidavit of compliance prior to
4075 the beginning of each school year.
4076 (b) The affidavit shall include the following assurances:
4077 (i) that the agency has complied with all applicable policies of the state board;
4078 (ii) that a household study, including a background check of all adult residents, has
4079 been made of each household where an exchange student is to reside, and that the study was of
4080 sufficient scope to provide reasonable assurance that the exchange student will receive proper
4081 care and supervision in a safe environment;
4082 (iii) that host parents have received training appropriate to their positions, including
4083 information about enhanced criminal penalties under Subsection 76-5-406(10) for persons who
4084 are in a position of special trust;
4085 (iv) that a representative of the exchange student agency shall visit each student's place
4086 of residence at least once each month during the student's stay in Utah;
4087 (v) that the agency will cooperate with school and other public authorities to ensure
4088 that no exchange student becomes an unreasonable burden upon the public schools or other
4089 public agencies;
4090 (vi) that each exchange student will be given in the exchange student's native language
4091 names and telephone numbers of agency representatives and others who could be called at any
4092 time if a serious problem occurs; and
4093 (vii) that alternate placements are readily available so that no student is required to
4094 remain in a household if conditions appear to exist which unreasonably endanger the student's
4095 welfare.
4096 (6) (a) A local school board or charter school governing board shall provide each
4097 approved exchange student agency with a list of names and telephone numbers of individuals
4098 not associated with the agency who could be called by an exchange student in the event of a
4099 serious problem.
4100 (b) The agency shall make a copy of the list available to each of its exchange students
4101 in the exchange student's native language.
4102 (7) Notwithstanding Subsection 53F-2-303(3)(a), a school district or charter school
4103 shall enroll a foreign exchange student if the foreign exchange student:
4104 (a) is sponsored by an agency approved by the [
4105 (b) attends the same school during the same time period that another student from the
4106 school is:
4107 (i) sponsored by the same agency; and
4108 (ii) enrolled in a school in a foreign country; and
4109 (c) is enrolled in the school for one year or less.
4110 Section 100. Section 53G-6-708 is amended to read:
4111 53G-6-708. Career and technical education program alternatives.
4112 (1) A secondary student may attend a technical college described in Section
4113 53B-2a-105 if the secondary student's career and technical education goals are better achieved
4114 by attending a technical college as determined by:
4115 (a) the secondary student; and
4116 (b) if the secondary student is a minor, the secondary student's parent [
4117
4118 (2) A secondary student served under this section by a technical college described in
4119 Section 53B-2a-105 shall be counted in the average daily membership of the sending school
4120 district or charter school.
4121 Section 101. Section 53G-6-801 is amended to read:
4122 53G-6-801. Definitions.
4123 As used in this part:
4124 (1) "Federal law" means:
4125 (a) a statute passed by the Congress of the United States; or
4126 (b) a final regulation:
4127 (i) adopted by an administrative agency of the United States government; and
4128 (ii) published in the code of federal regulations or the federal register.
4129 [
4130
4131
4132 [
4133
4134 [
4135 a parent [
4136 (a) without substantial impact to staff and resources, including employee working
4137 conditions, safety and supervision on school premises and for school activities, and the
4138 efficient allocation of expenditures; and
4139 (b) while balancing:
4140 (i) the parental rights of parents [
4141 (ii) the educational needs of other students;
4142 (iii) the academic and behavioral impacts to a classroom;
4143 (iv) a teacher's workload; and
4144 (v) the assurance of the safe and efficient operation of a school.
4145 Section 102. Section 53G-6-802 is amended to read:
4146 53G-6-802. Annual notice of parental rights.
4147 (1) An LEA shall annually notify a parent [
4148 LEA of the parent's [
4149 (2) An LEA satisfies the notification requirement described in Subsection (1) by
4150 posting the information on the LEA's website or through other means of electronic
4151 communication.
4152 Section 103. Section 53G-6-803 is amended to read:
4153 53G-6-803. Parental right to academic accommodations.
4154 (1) (a) A student's parent [
4155 education of the student, and the state is in a secondary and supportive role to the parent [
4156
4157 accommodations from the student's LEA as specified in this section.
4158 (b) Each accommodation shall be considered on an individual basis and no student
4159 shall be considered to a greater or lesser degree than any other student.
4160 (c) The parental rights specified in this section do not include all the rights or
4161 accommodations that may be available to a student's parent [
4162 education system.
4163 (d) An accommodation under this section may only be provided if the accommodation
4164 is:
4165 (i) consistent with federal law; and
4166 (ii) consistent with a student's IEP if the student already has an IEP.
4167 (2) An LEA shall reasonably accommodate a parent's [
4168 retain a student in kindergarten through grade 8 on grade level based on the student's academic
4169 ability or the student's social, emotional, or physical maturity.
4170 (3) An LEA shall reasonably accommodate a parent's [
4171 a teacher or request for a change of teacher.
4172 (4) An LEA shall reasonably accommodate the request of a student's parent [
4173
4174 (5) Notwithstanding Part 2, Compulsory Education, an LEA shall record an excused
4175 absence for a scheduled family event or a scheduled proactive visit to a health care provider if:
4176 (a) the parent [
4177 the scheduled absence; and
4178 (b) the student agrees to make up course work for school days missed for the scheduled
4179 absence in accordance with LEA policy.
4180 (6) (a) An LEA shall reasonably accommodate a parent's [
4181 to place a student in a specialized class, a specialized program, or an advanced course.
4182 (b) An LEA shall consider multiple academic data points when determining an
4183 accommodation under Subsection (6)(a).
4184 (7) Consistent with Section 53E-4-204, which requires the [
4185 state board to establish graduation requirements that use competency-based standards and
4186 assessments, an LEA shall allow a student to earn course credit towards high school graduation
4187 without completing a course in school by:
4188 (a) testing out of the course; or
4189 (b) demonstrating competency in course standards.
4190 (8) An LEA shall reasonably accommodate a parent's [
4191 with a teacher at a mutually agreeable time if the parent [
4192 regularly scheduled parent teacher conference.
4193 (9) (a) At the request of a student's parent [
4194 from taking an assessment that:
4195 (i) is federally mandated;
4196 (ii) is mandated by the state under this public education code; or
4197 (iii) requires the use of:
4198 (A) a state assessment system; or
4199 (B) software that is provided or paid for by the state.
4200 (b) [
4201
4202 (i) to establish a statewide procedure for excusing a student under Subsection (9)(a)
4203 that:
4204 (A) does not place an undue burden on a parent [
4205 (B) may be completed online; and
4206 (ii) to prevent negative impact, to the extent authorized by state statute, to an LEA or
4207 an LEA's employees through school grading or employee evaluations due to a student not
4208 taking a test under Subsection (9)(a).
4209 (c) An LEA:
4210 (i) shall follow the procedures outlined in rules made by the [
4211 state board under Subsection (9)(b) to excuse a student under Subsection (9)(a);
4212 (ii) may not require procedures to excuse a student under Subsection (9)(a) in addition
4213 to the procedures outlined in rules made by the [
4214 Subsection (9)(b); and
4215 (iii) may not reward a student for taking an assessment described in Subsection (9)(a).
4216 (d) The [
4217 (i) maintain and publish a list of state assessments, state assessment systems, and
4218 software that qualify under Subsection (9)(a); and
4219 (ii) audit and verify an LEA's compliance with the requirements of this Subsection (9).
4220 (10) (a) An LEA shall provide for:
4221 (i) the distribution of a copy of a school's discipline and conduct policy to each student
4222 in accordance with Section 53G-8-204; and
4223 (ii) a parent's [
4224 and conduct policy.
4225 (b) An LEA shall notify a parent [
4226 discipline and conduct policy and allow a parent [
4227 accordance with Chapter 8, Part 2, School Discipline and Conduct Plans.
4228 Section 104. Section 53G-7-202 is amended to read:
4229 53G-7-202. Waivers from state board rules.
4230 (1) A charter school or any other public school or school district may apply to the
4231 [
4232 hinders the school or the school district from accomplishing its mission or educational goals set
4233 out in its strategic plan or charter agreement.
4234 (2) The state board may grant the waiver, unless:
4235 (a) the waiver would cause the school district or the school to be in violation of state or
4236 federal law; or
4237 (b) the waiver would threaten the health, safety, or welfare of students in the district or
4238 at the school.
4239 (3) If the [
4240 denial shall be provided in writing to the waiver applicant.
4241 Section 105. Section 53G-7-203 is amended to read:
4242 53G-7-203. Kindergartens -- Establishment -- Funding.
4243 (1) Kindergartens are an integral part of the state's public education system.
4244 (2) Each local [
4245 of charge for kindergarten children residing within the district.
4246 (3) Kindergartens established under Subsection (2) shall receive state money under
4247 Title 53F, Public Education System -- Funding.
4248 Section 106. Section 53G-7-205 is amended to read:
4249 53G-7-205. Assessment of emerging and early reading skills -- Resources
4250 provided by school districts.
4251 (1) The Legislature recognizes that well-developed reading skills help:
4252 (a) children to succeed in school, develop self esteem, and build positive relationships
4253 with others;
4254 (b) young adults to become independent learners; and
4255 (c) adults to become and remain productive members of a rapidly changing
4256 technology-based society.
4257 (2) (a) Each potential kindergarten student, the student's parent [
4258 kindergarten personnel at the student's school may participate in an assessment of the student's
4259 reading and numeric skills.
4260 (b) The [
4261 districts, may develop the assessment instrument and any additional materials needed to
4262 implement and supplement the assessment program.
4263 (3) The potential kindergarten student's teacher may use the assessment in planning and
4264 developing an instructional program to meet the student's identified needs.
4265 (4) (a) Each school is encouraged to schedule the assessment early enough before the
4266 kindergarten starting date so that a potential kindergarten student's parent [
4267 time to develop the child's needed skills as identified by the assessment.
4268 (b) Based on the assessment under Subsection (2), the school shall provide the
4269 potential student's parent [
4270 [
4271 Section 107. Section 53G-7-206 is amended to read:
4272 53G-7-206. Acceptance of credits and grades awarded by accredited schools.
4273 (1) (a) A public school shall accept credits and grades awarded to a student by a school
4274 accredited or approved by the [
4275 recognized by the Northwest Association of Accredited Schools as issued by the school,
4276 without alterations.
4277 (b) Credits awarded for a core standards for Utah public schools course shall be applied
4278 to fulfilling core standards for Utah public schools requirements.
4279 (2) Subsection (1) applies to credits awarded to a student who:
4280 (a) transfers to a public school; or
4281 (b) while enrolled in the public school, takes courses offered by another public or
4282 private school.
4283 (3) Subsection (1) applies to:
4284 (a) traditional classes in which an instructor is present in the classroom and the student
4285 is required to attend the class for a particular length of time;
4286 (b) open entry/open exit classes in which the student has the flexibility to begin or end
4287 study at any time, progress through course material at his own pace, and demonstrate
4288 competency when knowledge and skills have been mastered;
4289 (c) courses offered over the Internet; or
4290 (d) distance learning courses.
4291 Section 108. Section 53G-7-208 is amended to read:
4292 53G-7-208. Local governmental entities and school districts -- Contracts and
4293 cooperation -- Disbursement of funds -- Municipal and county representative
4294 participation in local school board meetings -- Notice required.
4295 (1) Local governmental entities and school districts may contract and cooperate with
4296 one another in matters affecting the health, welfare, education, and convenience of the
4297 inhabitants within their respective territorial limits.
4298 (2) A local governmental entity may disburse public funds in aid of a school district
4299 located wholly or partially within the limits of its jurisdiction.
4300 (3) (a) As used in this Subsection (3):
4301 (i) "Interested county executive" means the county executive or county manager of a
4302 county with unincorporated area within the boundary of a school district, or the designee of the
4303 county executive or county manager.
4304 (ii) "Interested mayor" means the mayor of a municipality that is partly or entirely
4305 within the boundary of a school district, or the mayor's designee.
4306 (b) A [
4307 county executive to attend and participate in the local school board discussions at a [
4308
4309 and Public Meetings Act.
4310 (c) An interested county executive and interested mayor may attend and participate in
4311 local school board discussions at a [
4312 the public under Title 52, Chapter 4, Open and Public Meetings Act, if:
4313 (i) the [
4314 interested mayor to attend and participate; and
4315 (ii) for a closed meeting held for the purpose of discussing the local school board's
4316 disposition or acquisition of real property, the interested county executive or interested mayor
4317 does not have a conflict of interest with respect to the real estate disposition or acquisition.
4318 (d) (i) A county or municipality may enter into an agreement with a school district
4319 under Title 11, Chapter 13, Interlocal Cooperation Act, to govern the attendance of an
4320 interested county executive or interested mayor at a [
4321 meeting.
4322 (ii) An agreement under Subsection (3)(d)(i) may not be inconsistent with the
4323 provisions of this Subsection (3).
4324 (e) Each local school board shall give notice of local school board meetings to each
4325 interested mayor and interested county executive.
4326 (f) The notice required under Subsection (3)(c) shall be provided by:
4327 (i) mail;
4328 (ii) e-mail; or
4329 (iii) other effective means agreed to by the person to whom notice is given.
4330 Section 109. Section 53G-7-213 is amended to read:
4331 53G-7-213. Child care centers in public schools -- Requirements -- Availability --
4332 Compliance with state and local laws.
4333 (1) (a) Upon receiving a request from a community group such as a community
4334 council, local PTA, or parent/student organization, a local school board may authorize the use
4335 of a part of any school building in the district to provide child care services for school aged
4336 children.
4337 (b) (i) The local school board shall provide written public notice of its intent to
4338 authorize a child care center.
4339 (ii) The local school board shall file a copy of the notice with the Office of Child Care
4340 within the Department of Workforce Services and the Department of Health.
4341 (2) (a) Establishment of a child care center in a public school building is contingent
4342 upon the local school board determining that the center will not interfere with the building's use
4343 for regular school purposes.
4344 (b) The decision shall be made at the sole discretion of the local school board.
4345 (c) A local school board may withdraw its approval to operate a child care center at any
4346 time if it determines that such use interferes with the operation or interest of the school.
4347 (d) The school district and its employees and agents are immune from any liability that
4348 might otherwise result from a withdrawal of approval if the withdrawal was made in good
4349 faith.
4350 (3) (a) The local school board shall charge a commercially reasonable fee for the use of
4351 a school building as a child care center so that the district does not incur an expense.
4352 (b) The fee shall include but not be limited to costs for utility, building maintenance,
4353 and administrative services supplied by the school that are related to the operation of the child
4354 care center.
4355 (4) (a) Child care service may be provided by governmental agencies other than school
4356 districts, nonprofit community service groups, or private providers.
4357 (b) If competitive proposals to provide child care services are submitted by the entities
4358 listed in Subsection (4)(a), the local school board shall give preference to the private provider
4359 and nonprofit community service groups so long as their proposals are judged to be at least
4360 equal to the proposal of the governmental agency.
4361 (c) It is intended that these programs function at the local community level with
4362 minimal state and district involvement.
4363 (5) It is the intent of the Legislature that providers not be required to go through a
4364 complex procedure in order to obtain approval for providing the service.
4365 (6) (a) Child care centers within a public school building shall make their services
4366 available to all children regardless of where the children reside.
4367 (b) If space and resources are limited, first priority shall be given to those who reside
4368 within the school boundaries where the center is located, and to the children of teachers and
4369 other employees of the school where the child care center is located.
4370 (c) Second priority shall be given to those who reside within the school district
4371 boundaries where the center is located.
4372 (7) (a) The local school board shall require proof of liability insurance which is
4373 adequate in the opinion of the local school board for use of school property as a child care
4374 center.
4375 (b) A school district participating in the state Risk Management Fund shall require the
4376 provider of child care services to comply with the applicable provisions of Title 63A, Chapter
4377 4, Risk Management.
4378 (8) Child care centers established under this section shall operate in compliance with
4379 state and local laws and regulations, including zoning and licensing requirements, and
4380 applicable school [
4381 (9) Except for Subsection (8), this section does not apply to child care centers
4382 established by a school district within a public school building if the center offers child care
4383 services primarily to children of employees or children of students of the school district.
4384 Section 110. Section 53G-7-214 is amended to read:
4385 53G-7-214. Honorary high school diploma for certain veterans.
4386 (1) A [
4387 honorary high school diploma to a veteran, if the veteran:
4388 (a) left high school before graduating in order to serve in the armed forces of the
4389 United States;
4390 (b) served in the armed forces of the United States during the period of World War II,
4391 the Korean War, or the Vietnam War;
4392 (c) (i) was honorably discharged; or
4393 (ii) was released from active duty because of a service-related disability; and
4394 (d) (i) resides within the school district; or
4395 (ii) resided within the school district at the time of leaving high school to serve in the
4396 armed forces of the United States.
4397 (2) To receive an honorary high school diploma, a veteran or immediate family
4398 member or guardian of a veteran shall submit to a local school board:
4399 (a) a request for an honorary high school diploma; and
4400 (b) information required by the local school board to verify the veteran's eligibility for
4401 an honorary high school diploma under Subsection (1).
4402 (3) At the request of a veteran, a veteran's immediate family member or guardian, or a
4403 local school board, the Department of Veterans and Military Affairs shall certify whether the
4404 veteran meets the requirements of Subsections (1)(b) and (c).
4405 Section 111. Section 53G-7-215 is amended to read:
4406 53G-7-215. Competency-based education -- Recommendations -- Coordination.
4407 (1) As used in this section, "competency-based education" means the same as that term
4408 is defined in Section 53F-5-501.
4409 (2) A local school board or a charter school governing board may establish a
4410 competency-based education program.
4411 (3) A local school board or charter school governing board that establishes a
4412 competency-based education program shall:
4413 (a) establish assessments to accurately measure competency;
4414 (b) provide the assessments to an enrolled student at no cost to the student;
4415 (c) award credit to a student who demonstrates competency and subject mastery;
4416 (d) submit the competency-based standards to the [
4417 board for review; and
4418 (e) publish the competency-based standards on its website or by other electronic means
4419 readily accessible to the public.
4420 (4) A local school board or charter school governing board may:
4421 (a) on a random lottery-based basis, limit enrollment to courses that have been
4422 designated as competency-based courses;
4423 (b) waive or adapt traditional attendance requirements;
4424 (c) adjust class sizes to maximize the value of course instructors or course mentors;
4425 (d) enroll students from any geographic location within the state; and
4426 (e) provide proctored online competency-based assessments.
4427 Section 112. Section 53G-7-302 is amended to read:
4428 53G-7-302. School district and charter school budgets.
4429 (1) As used in this section:
4430 (a) "Budget officer" means:
4431 (i) for a school district, the school district's superintendent; or
4432 (ii) for a charter school, an individual selected by the charter school governing board.
4433 (b) [
4434 (i) for a school district, the local school board; or
4435 (ii) for a charter school, the charter school governing board.
4436 (2) Before June 1 of each year, the budget officer shall prepare a tentative budget, with
4437 supporting documentation, to be submitted to the budget officer's LEA governing board.
4438 (3) The tentative budget and supporting documents shall include the following items:
4439 (a) the revenues and expenditures of the preceding fiscal year;
4440 (b) the estimated revenues and expenditures of the current fiscal year;
4441 (c) for a school district, an estimate of the revenues for the succeeding fiscal year based
4442 upon the lowest tax levy that will raise the required revenue, using the current year's taxable
4443 value as the basis for this calculation;
4444 (d) a detailed estimate of the essential expenditures for all purposes for the next
4445 succeeding fiscal year; and
4446 (e) the estimated financial condition of the school district or charter school by funds at
4447 the close of the current fiscal year.
4448 (4) The tentative budget shall be filed with the district business administrator or charter
4449 school executive director for public inspection at least 15 days before the date of the tentative
4450 budget's proposed adoption by the LEA governing board.
4451 Section 113. Section 53G-7-303 is amended to read:
4452 53G-7-303. LEA governing board budget procedures.
4453 (1) As used in this section:
4454 (a) "Budget officer" means:
4455 (i) for a school district, the school district's superintendent; or
4456 (ii) for a charter school, an individual selected by the charter school governing board.
4457 (b) [
4458 (i) for a school district, the local school board; or
4459 (ii) for a charter school, the charter school governing board.
4460 (2) (a) For a school district, before June 30 of each year, a local school board shall
4461 adopt a budget and make appropriations for the next fiscal year.
4462 (b) For a school district, if the tax rate in the school district's proposed budget exceeds
4463 the certified tax rate defined in Section 59-2-924, the local school board shall comply with
4464 Section 59-2-919 in adopting the budget, except as provided by Section 53F-8-301.
4465 (3) (a) For a school district, before the adoption or amendment of a budget, a local
4466 school board shall hold a public hearing, as defined in Section 10-9a-103, on the proposed
4467 budget or budget amendment.
4468 (b) In addition to complying with Title 52, Chapter 4, Open and Public Meetings Act,
4469 in regards to the public hearing described in Subsection (3)(a), at least 10 days prior to the
4470 public hearing, a local school board shall:
4471 (i) publish a notice of the public hearing in a newspaper or combination of newspapers
4472 of general circulation in the school district, except as provided in Section 45-1-101;
4473 (ii) publish a notice of the public hearing electronically in accordance with Section
4474 45-1-101;
4475 (iii) file a copy of the proposed budget with the local school board's business
4476 administrator for public inspection; and
4477 (iv) post the proposed budget on the school district's Internet website.
4478 (c) A notice of a public hearing on a school district's proposed budget shall include
4479 information on how the public may access the proposed budget as provided in Subsections
4480 (3)(b)(iii) and (iv).
4481 (4) For a charter school, before June 30 of each year, a charter school governing board
4482 shall adopt a budget for the next fiscal year.
4483 (5) Within 30 days of adopting a budget, [
4484 of the adopted budget with the state auditor and the [
4485 Section 114. Section 53G-7-304 is amended to read:
4486 53G-7-304. Undistributed reserve in local school board budget.
4487 (1) A local school board may adopt a budget with an undistributed reserve. The reserve
4488 may not exceed 5% of the maintenance and operation budget adopted by the local school board
4489 in accordance with a scale developed by the [
4490 is based on the size of the school district's budget.
4491 (2) The local school board may appropriate all or a part of the undistributed reserve
4492 made to any expenditure classification in the maintenance and operation budget by written
4493 resolution adopted by a majority vote of the local school board setting forth the reasons for the
4494 appropriation. The local school board shall file a copy of the resolution with the [
4495
4496 (3) The local school board may not use undistributed reserves in the negotiation or
4497 settlement of contract salaries for school district employees.
4498 Section 115. Section 53G-7-305 is amended to read:
4499 53G-7-305. Limits on appropriations -- Estimated expendable revenue.
4500 (1) As used in this section:
4501 (a) "Budget officer" means:
4502 (i) for a school district, the school district's superintendent; or
4503 (ii) for a charter school, an individual selected by the charter school governing board.
4504 (b) [
4505 (i) for a school district, the local school board; or
4506 (ii) for a charter school, the charter school governing board.
4507 (2) [
4508 estimated expendable revenue, including undistributed reserves, for the following fiscal year.
4509 (3) [
4510 governing board's regular meeting if notice of the proposed action is given to all LEA
4511 governing board members and to the district superintendent or charter school executive
4512 director, as applicable, at least one week before the meeting.
4513 (4) For a school district, in determining the estimated expendable revenue, any existing
4514 deficits arising through excessive expenditures from former years are deducted from the
4515 estimated revenue for the ensuing year to the extent of at least 10% of the entire tax revenue of
4516 the district for the previous year.
4517 (5) For a school district, in the event of financial hardships, the local school board may
4518 deduct from the estimated expendable revenue for the ensuing year, by fund, at least 25% of
4519 the deficit amount.
4520 (6) For a school district, all estimated balances available for appropriations at the end
4521 of the fiscal year shall revert to the funds from which they were appropriated and shall be fund
4522 balances available for appropriation in the budget of the following year.
4523 (7) For a school district, an increase in an appropriation may not be made by the local
4524 school board unless the following steps are taken:
4525 (a) the local school board receives a written request from the district superintendent
4526 that sets forth the reasons for the proposed increase;
4527 (b) notice of the request is published:
4528 (i) in a newspaper of general circulation within the school district at least one week
4529 before the local school board meeting at which the request will be considered; and
4530 (ii) in accordance with Section 45-1-101, at least one week before the local school
4531 board meeting at which the request will be considered; and
4532 (c) the local school board holds a public hearing on the request before the local school
4533 board's acting on the request.
4534 Section 116. Section 53G-7-306 is amended to read:
4535 53G-7-306. School district interfund transfers.
4536 (1) A school district shall spend revenues only within the fund for which they were
4537 originally authorized, levied, collected, or appropriated.
4538 (2) Except as otherwise provided in this section, school district interfund transfers of
4539 residual equity are prohibited.
4540 (3) The [
4541 transfers of residual equity when a district states its intent to create a new fund or expand,
4542 contract, or liquidate an existing fund.
4543 (4) The [
4544 interfund transfers of residual equity for a financially distressed district if the state board
4545 determines the following:
4546 (a) the district has a significant deficit in its maintenance and operations fund caused
4547 by circumstances not subject to the administrative decisions of the district;
4548 (b) the deficit cannot be reasonably reduced under Section 53G-7-305; and
4549 (c) without the transfer, the school district will not be capable of meeting statewide
4550 educational standards adopted by the [
4551 (5) The board shall develop in rule standards for defining and aiding financially
4552 distressed school districts under this section [
4553
4554 (6) (a) All debt service levies not subject to certified tax rate hearings shall be recorded
4555 and reported in the debt service fund.
4556 (b) Debt service levies under Subsection 59-2-924 (5)(c) that are not subject to the
4557 public hearing provisions of Section 59-2-919 may not be used for any purpose other than
4558 retiring general obligation debt.
4559 (c) Amounts from these levies remaining in the debt service fund at the end of a fiscal
4560 year shall be used in subsequent years for general obligation debt retirement.
4561 (d) Any amounts left in the debt service fund after all general obligation debt has been
4562 retired may be transferred to the capital projects fund upon completion of the budgetary hearing
4563 process required under Section 53G-7-303.
4564 Section 117. Section 53G-7-307 is amended to read:
4565 53G-7-307. Warrants drawn by budget officer.
4566 (1) As used in this section:
4567 (a) "Budget officer" means:
4568 (i) for a school district, the school district's superintendent; or
4569 (ii) for a charter school, an individual selected by the charter school governing board.
4570 (b) [
4571 (i) for a school district, the local school board; or
4572 (ii) for a charter school, the charter school governing board.
4573 (2) The budget officer of [
4574 district or charter school funds except in accordance with and within the limits of the budget
4575 passed by the LEA governing board.
4576 Section 118. Section 53G-7-309 is amended to read:
4577 53G-7-309. Monthly budget reports.
4578 (1) As used in this section:
4579 (a) "Budget officer" means:
4580 (i) for a school district, the school district's superintendent; or
4581 (ii) for a charter school, an individual selected by the charter school governing board.
4582 (b) [
4583 (i) for a school district, the local school board; or
4584 (ii) for a charter school, the charter school governing board.
4585 (2) The business administrator or budget officer of [
4586 provide each LEA governing board member with a report, on a monthly basis, that includes the
4587 following information:
4588 (a) the amounts of all budget appropriations;
4589 (b) the disbursements from the appropriations as of the date of the report; and
4590 (c) the percentage of the disbursements as of the date of the report.
4591 (3) Within five days of providing the monthly report described in Subsection (2) to [
4592 an LEA governing board, the business administrator or budget officer shall make a copy of the
4593 report available for public review.
4594 Section 119. Section 53G-7-402 is amended to read:
4595 53G-7-402. Internal auditing program -- Audit committee -- Powers and duties.
4596 (1) A local school board or charter school governing board shall establish an audit
4597 committee.
4598 (2) (a) The audit committee shall establish an internal audit program that provides
4599 internal audit services for the programs administered by the local education agency.
4600 (b) A local education agency that has fewer than 10,000 students is not subject to
4601 Subsection (2)(a).
4602 (3) (a) A local school board or charter school governing board shall appoint the audit
4603 director, with the advisement of the audit committee, if the local school board or charter school
4604 governing board hires an audit director.
4605 (b) If the local school board or charter school governing board has not appointed an
4606 audit director and the local school board or charter school governing board contracts directly
4607 for internal audit services, the local school board or charter school governing board shall
4608 approve a contract for internal audit services, with the advisement of the audit committee.
4609 (4) The audit committee shall ensure that copies of all reports of audit findings issued
4610 by the internal auditors are available, upon request, to the audit director of the [
4611
4612 General.
4613 (5) The audit committee shall ensure that significant audit matters that cannot be
4614 appropriately addressed by the local education agency internal auditors are referred to either the
4615 audit director of the [
4616 the Office of Legislative Auditor General.
4617 (6) The audit director may contract with a consultant to assist with an audit.
4618 (7) The audit director of the [
4619 the State Auditor may contract to provide internal audit services.
4620 Section 120. Section 53G-7-503 is amended to read:
4621 53G-7-503. State policy on student fees, deposits, or other charges.
4622 (1) For purposes of this part:
4623 [
4624 [
4625 grades 7, 8, 9, 10, 11, or 12.
4626 [
4627 (i) means a student enrolled in a secondary school; and
4628 (ii) includes a student in grade 6 if the student attends a secondary school.
4629 (2) (a) A secondary school may impose fees on secondary school students.
4630 (b) The state board shall adopt rules regarding the imposition of fees in secondary
4631 schools in accordance with the requirements of this part.
4632 (3) A fee, deposit, or other charge may not be made, or any expenditure required of a
4633 student or the student's parent [
4634 activity, class, or program provided, sponsored, or supported by or through a public school or
4635 school district, unless authorized by the local school board or charter school governing board
4636 under rules adopted by the state board.
4637 (4) (a) A fee, deposit, charge, or expenditure may not be required for elementary school
4638 activities which are part of the regular school day or for supplies used during the regular school
4639 day.
4640 (b) An elementary school or elementary school teacher may compile and provide to a
4641 student's parent [
4642 so that a parent [
4643 (c) A list provided to a student's parent [
4644 shall include and be preceded by the following language:
4645 "NOTICE: THE ITEMS ON THIS LIST WILL BE USED DURING THE REGULAR
4646 SCHOOL DAY. THEY MAY BE BROUGHT FROM HOME ON A VOLUNTARY BASIS,
4647 OTHERWISE, THEY WILL BE FURNISHED BY THE SCHOOL."
4648 Section 121. Section 53G-7-504 is amended to read:
4649 53G-7-504. Waiver of fees.
4650 (1) (a) A local school board shall require, as part of an authorization granted under
4651 Section 53G-7-503, that adequate waivers or other provisions are available to ensure that no
4652 student is denied the opportunity to participate because of an inability to pay the required fee,
4653 deposit, or charge.
4654 (b) (i) If, however, a student must repeat a course or requires remediation to advance or
4655 graduate and a fee is associated with the course or the remediation program, it is presumed that
4656 the student will pay the fee.
4657 (ii) If the student or the student's parent [
4658 fee, the local school board shall provide for alternatives to waiving the fee, which may include
4659 installment payments and school or community service or work projects for the student.
4660 (iii) In cases of extreme financial hardship or where the student has suffered a
4661 long-term illness, or death in the family, or other major emergency and where installment
4662 payments and the imposition of a service or work requirement would not be reasonable, the
4663 student may receive a partial or full waiver of the fee required under Subsection (1)(b)(i).
4664 (iv) The waiver provisions in Subsections (2) and (3) apply to all other fees, deposits,
4665 and charges made in the secondary schools.
4666 (2) (a) The local school board shall require each school in the district that charges a fee
4667 under this part and Part 6, Textbook Fees, to provide a variety of alternatives for satisfying the
4668 fee requirement to those who qualify for fee waivers, in addition to the outright waiver of the
4669 fee.
4670 (b) The local school board shall develop and provide a list of alternatives for the
4671 schools, including such options as allowing the student to provide:
4672 (i) tutorial assistance to other students;
4673 (ii) assistance before or after school to teachers and other school personnel on school
4674 related matters; and
4675 (iii) general community or home service.
4676 (c) Each school may add to the list of alternatives provided by the local school board,
4677 subject to approval by the local school board.
4678 (3) A local school board may establish policies providing for partial fee waivers or
4679 other alternatives for those students who, because of extenuating circumstances, are not in a
4680 financial position to pay the entire fee.
4681 (4) With regard to children who are in the custody of the Division of Child and Family
4682 Services who are also eligible under Title IV-E of the federal Social Security Act, local school
4683 boards shall require fee waivers or alternatives in accordance with Subsections (1) through (3).
4684 (5) [
4685
4686 (a) requiring a parent [
4687 documentation and certification to the school verifying:
4688 (i) the student's eligibility to receive the waiver; and
4689 (ii) that the alternatives for satisfying the fee requirements under Subsection (2) have
4690 been complied with to the fullest extent reasonably possible according to the individual
4691 circumstances of both the fee waiver applicant and the school; and
4692 (b) specifying the acceptable forms of documentation for the requirement under
4693 Subsection (5)(a), which shall include verification based on income tax returns or current pay
4694 stubs.
4695 (6) Notwithstanding the requirements under Subsection (5), a school is not required to
4696 keep documentation on file after the verification is completed.
4697 Section 122. Section 53G-7-505 is amended to read:
4698 53G-7-505. Notice of student fees and waivers.
4699 A local school board shall annually give written notice of its student fee schedules and
4700 fee waiver policies to the parent [
4701 district.
4702 Section 123. Section 53G-7-602 is amended to read:
4703 53G-7-602. State policy on providing textbooks.
4704 (1) It is the public policy of this state that public education shall be free.
4705 (2) A student may not be denied an education because of economic inability to
4706 purchase textbooks necessary for advancement in or graduation from the public school system.
4707 (3) [
4708 textbook fees or deposits except as provided in this public education code.
4709 Section 124. Section 53G-7-603 is amended to read:
4710 53G-7-603. Purchase of textbooks by local school board -- Sales to pupils -- Free
4711 textbooks -- Textbooks provided to teachers -- Payment of costs -- Rental of textbooks.
4712 (1) A local school board, under rules adopted by the [
4713 board, may purchase textbooks for use in the public schools directly from the publisher at
4714 prices and terms approved by the state board and may sell those books to pupils in grades
4715 [
4716 transportation and handling.
4717 (2) Each local school board, however, shall provide, free of charge, textbooks and
4718 workbooks required for courses of instruction for each child attending public schools whose
4719 parent [
4720 (3) Children who are receiving cash assistance under Title 35A, Chapter 3, Part 3,
4721 Family Employment Program, supplemental security income, or who are in the custody of the
4722 Division of Child and Family Services within the Department of Human Services are eligible
4723 for free textbooks and workbooks under this section.
4724 (4) The local school board shall also purchase all books necessary for teachers to
4725 conduct their classes.
4726 (5) The cost of furnishing textbooks and workbooks may be paid from school operating
4727 funds, the textbook fund, or from other available funds.
4728 (6) Books provided to teachers and pupils without charge or at less than full cost are
4729 paid for out of funds of the district and remain the property of the district.
4730 (7) In school districts that require pupils to rent books instead of purchasing them or
4731 providing them free of charge, the local school board shall waive rental fees for a child whose
4732 parent [
4733 under Subsection (3) are also eligible for the purposes of this Subsection (7).
4734 Section 125. Section 53G-7-604 is amended to read:
4735 53G-7-604. Free textbook system.
4736 (1) If a local school board considers it desirable or necessary, or if the local school
4737 board is petitioned by two-thirds of those voting in the district, it shall provide free textbooks
4738 to all pupils in the schools under its charge.
4739 (2) Books purchased under this section shall be paid for out of the funds of the district.
4740 (3) The local school board shall assure that sufficient funds are raised and set aside for
4741 this purpose.
4742 (4) A local school board that has adopted the free textbook system shall terminate the
4743 system if petitioned by two-thirds of those voting in an election conducted for that purpose vote
4744 to terminate the system.
4745 (5) The local school board may not act upon a petition to terminate the free textbook
4746 system during a period of four years after the system is adopted.
4747 (6) The local school board may not reinstitute a free textbook system until four years
4748 after its termination.
4749 Section 126. Section 53G-7-605 is amended to read:
4750 53G-7-605. Repurchase and resale of textbooks.
4751 (1) If a student moves from a district in which free textbooks were not provided, the
4752 local school board of that district may purchase the books used by the student at a reasonable
4753 price, based upon the original cost and the condition of the book upon return.
4754 (2) The books purchased by the district under this section may be resold to other
4755 students in the district.
4756 Section 127. Section 53G-7-606 is amended to read:
4757 53G-7-606. Disposal of textbooks.
4758 (1) For a school year beginning with or after the 2012-13 school year, a local school
4759 district may not dispose of textbooks used in its public schools without first notifying all other
4760 school districts in the state of its intent to dispose of the textbooks.
4761 (2) Subsection (1) does not apply to textbooks that have been damaged, mutilated, or
4762 worn out.
4763 (3) The [
4764 directing the disposal of textbooks.
4765 Section 128. Section 53G-7-701 is amended to read:
4766 53G-7-701. Definitions.
4767 As used in this part:
4768 (1) "Bigotry" means action or advocacy of imminent action involving:
4769 (a) the harassment or denigration of a person or entity; or
4770 (b) any intent to cause a person not to freely enjoy or exercise any right secured by the
4771 constitution or laws of the United States or the state, except that an evaluation or prohibition
4772 may not be made of the truth or falsity of any religious belief or expression of conscience
4773 unless the means of expression or conduct arising therefrom violates the standards of conduct
4774 outlined in this section, Section 53G-10-203, or 20 U.S.C. Sec. 4071(f).
4775 (2) "Club" means any student organization that meets during noninstructional time.
4776 (3) "Conscience" means a standard based upon learned experiences, a personal
4777 philosophy or system of belief, religious teachings or doctrine, an absolute or external sense of
4778 right and wrong which is felt on an individual basis, a belief in an external absolute, or any
4779 combination of the foregoing.
4780 (4) "Curricular club" means a club that is school sponsored and that may receive
4781 leadership, direction, and support from the school or school district beyond providing a
4782 meeting place during noninstructional time. An elementary school curricular club means a club
4783 that is organized and directed by school sponsors at the elementary school. A secondary school
4784 curricular club means a club:
4785 (a) whose subject matter is taught or will soon be taught in a regular course;
4786 (b) whose subject matter concerns the body of courses as a whole;
4787 (c) in which participation is required for a particular course; or
4788 (d) in which participation results in academic credit.
4789 (5) (a) "Discretionary time" means school-related time for students that is not
4790 instructional time.
4791 (b) "Discretionary time" includes free time before and after school, during lunch and
4792 between classes or on buses, and private time before athletic and other events or activities.
4793 (6) (a) "Encourage criminal or delinquent conduct" means action or advocacy of
4794 imminent action that violates any law or administrative rule.
4795 (b) "Encourage criminal or delinquent conduct" does not include discussions
4796 concerning changing of laws or rules, or actions taken through lawfully established channels to
4797 effectuate such change.
4798 (7) (a) "Instructional time" means time during which a school is responsible for a
4799 student and the student is required or expected to be actively engaged in a learning activity.
4800 (b) "Instructional time" includes instructional activities in the classroom or study hall
4801 during regularly scheduled hours, required activities outside the classroom, and counseling,
4802 private conferences, or tutoring provided by school employees or volunteers acting in their
4803 official capacities during or outside of regular school hours.
4804 (8) "Involve human sexuality" means:
4805 (a) presenting information in violation of laws governing sex education, including
4806 Sections 53G-10-402 and 53E-9-203;
4807 (b) advocating or engaging in sexual activity outside of legally recognized marriage or
4808 forbidden by state law; or
4809 (c) presenting or discussing information relating to the use of contraceptive devices or
4810 substances, regardless of whether the use is for purposes of contraception or personal health.
4811 (9) "LEA governing board" means a local school board or charter school governing
4812 board.
4813 [
4814 school for student expression within the constraints of Subsection 53G-10-203(2)(b).
4815 [
4816 allowed school facilities use during noninstructional time in secondary schools by a school and
4817 [
4818 club's meetings, ideas, and activities are not sponsored or endorsed in any way by [
4819 LEA governing board, the school, or by school or school district employees.
4820 [
4821 instructional time begins or after instructional time ends, including discretionary time.
4822 [
4823 either being religiously based or based on expression or conduct mandated by conscience.
4824 [
4825 [
4826 playing field.
4827 (b) "School facilities use" includes access to a limited open forum.
4828 [
4829 Section 129. Section 53G-7-702 is amended to read:
4830 53G-7-702. Student clubs -- Limited open forum -- Authorization.
4831 (1) (a) A school may establish and maintain a limited open forum for student clubs
4832 pursuant to the provisions of this part, [
4833 [
4834 (b) Notwithstanding the provisions under Subsection (1)(a), a school retains the right to
4835 create a closed forum at any time by allowing curricular clubs only.
4836 (2) (a) A school shall review applications for authorization of clubs on a case-by-case
4837 basis.
4838 (b) Before granting an authorization, the school shall find:
4839 (i) that the proposed club meets this part's respective requirements of a curricular club
4840 or a noncurricular club; and
4841 (ii) that the proposed club's purpose and activities comply with this part.
4842 (c) Before granting an authorization, a school may request additional information from
4843 the faculty sponsor, from students proposing the club, or from its [
4844 board, if desired.
4845 (3) A school shall grant authorization and school facilities use to curricular and
4846 noncurricular clubs whose applications are found to meet the requirements of this part, rules of
4847 the [
4848 and shall limit or deny authorization or school facilities use to proposed clubs that do not meet
4849 the requirements of this part, rules of the [
4850 the [
4851 Section 130. Section 53G-7-703 is amended to read:
4852 53G-7-703. Curricular clubs -- Authorization.
4853 (1) Faculty members or students proposing a curricular club shall submit written
4854 application for authorization on a form approved by the [
4855 (2) [
4856 determined by student body election or a club that is governed by an association that regulates
4857 interscholastic activities from the authorization requirements under this section.
4858 (3) An application for authorization of a curricular club shall include:
4859 (a) the recommended club name;
4860 (b) a statement of the club's purpose, goals, and activities;
4861 (c) a statement of the club's categorization, which shall be included in the parental
4862 consent required under Section 53G-7-709, indicating all of the following that may apply:
4863 (i) athletic;
4864 (ii) business/economic;
4865 (iii) agriculture;
4866 (iv) art/music/performance;
4867 (v) science;
4868 (vi) gaming;
4869 (vii) religious;
4870 (viii) community service/social justice; and
4871 (ix) other;
4872 (d) the recommended meeting times, dates, and places;
4873 (e) a statement that the club will comply with the provisions of this part and all other
4874 applicable laws, rules, or policies; and
4875 (f) a budget showing the amount and source of any funding provided or to be provided
4876 to the club and its proposed use.
4877 (4) The application may be as brief as a single page so long as it contains the items
4878 required under this section.
4879 (5) A school shall approve the name of a curricular club consistent with the club's
4880 purposes and its school sponsorship.
4881 (6) (a) A school shall determine curriculum relatedness by strictly applying this part's
4882 definition of curricular club to the club application.
4883 (b) If the school finds that the proposed club is a curricular club, the school shall
4884 continue to review the application as an application for authorization of a curricular club.
4885 (c) If the school finds that the proposed club is a noncurricular club, the school may:
4886 (i) return the application to the faculty member or students proposing the club for
4887 amendment; or
4888 (ii) review the application as an application for authorization of a noncurricular club.
4889 (7) (a) Only curricular clubs may be authorized for elementary schools.
4890 (b) A school governing body may limit, or permit a secondary school to limit, the
4891 authorization of clubs at the secondary school to only curricular clubs.
4892 Section 131. Section 53G-7-704 is amended to read:
4893 53G-7-704. Noncurricular clubs -- Annual authorization.
4894 (1) A noncurricular club shall have a minimum of three members.
4895 (2) Students proposing a noncurricular club shall submit a written application for
4896 authorization on a form approved by the [
4897 (3) An application for authorization of a noncurricular club shall include:
4898 (a) the recommended club name;
4899 (b) a statement of the club's purpose, goals, and activities;
4900 (c) a statement of the club's categorization, which shall be included in the parental
4901 consent required under Section 53G-7-709, indicating all of the following that may apply:
4902 (i) athletic;
4903 (ii) business/economic;
4904 (iii) agriculture;
4905 (iv) art/music/performance;
4906 (v) science;
4907 (vi) gaming;
4908 (vii) religious;
4909 (viii) community service/social justice; and
4910 (ix) other;
4911 (d) the recommended meeting times, dates, and places;
4912 (e) a statement that the club will comply with the provisions of this part and all other
4913 applicable laws, rules, or policies; and
4914 (f) a budget showing the amount and source of any funding provided or to be provided
4915 to the club and its proposed use.
4916 (4) The application may be as brief as a single page so long as it contains the items
4917 required under this section.
4918 (5) (a) [
4919 noncurricular club name in an action separate from that relating to authorization of the club
4920 itself.
4921 (b) [
4922 (i) that a noncurricular club name shall reasonably reflect the club's purpose, goals, and
4923 activities; and
4924 (ii) that the noncurricular club name shall be a name that would not result in or imply a
4925 violation of this part.
4926 Section 132. Section 53G-7-705 is amended to read:
4927 53G-7-705. Clubs -- Limitations and denials.
4928 (1) A school shall limit or deny authorization or school facilities use to a club, or
4929 require changes prior to granting authorization or school facilities use:
4930 (a) as the school determines it to be necessary to:
4931 (i) protect the physical, emotional, psychological, or moral well-being of students and
4932 faculty;
4933 (ii) maintain order and discipline on school premises;
4934 (iii) prevent a material and substantial interference with the orderly conduct of a
4935 school's educational activities;
4936 (iv) protect the rights of parents [
4937 (v) maintain the boundaries of socially appropriate behavior; or
4938 (vi) ensure compliance with all applicable laws, rules, regulations, and policies; or
4939 (b) if a club's proposed charter and proposed activities indicate students or advisors in
4940 club related activities would as a substantial, material, or significant part of their conduct or
4941 means of expression:
4942 (i) encourage criminal or delinquent conduct;
4943 (ii) promote bigotry;
4944 (iii) involve human sexuality; or
4945 (iv) involve any effort to engage in or conduct mental health therapy, counseling, or
4946 psychological services for which a license would be required under state law.
4947 (2) [
4948 club meets the criteria of Subsection (1).
4949 (3) If a school or [
4950 club, the school or [
4951 factual and legal basis for the limitation or denial.
4952 (4) A student's spontaneous expression of sentiments or opinions otherwise identified
4953 in Subsection 53E-9-203(1) is not prohibited.
4954 Section 133. Section 53G-7-707 is amended to read:
4955 53G-7-707. Use of school facilities by clubs.
4956 (1) A school shall determine and assign school facilities use for curricular and
4957 noncurricular clubs consistent with the needs of the school.
4958 (2) The following [
4959 (a) in assigning school facilities use, the administrator may give priority to curricular
4960 clubs over noncurricular clubs; and
4961 (b) the school may provide financial or other support to curricular clubs.
4962 (3) The following [
4963 (a) a preference or priority may not be given among noncurricular clubs;
4964 (b) (i) a school shall only provide the space for noncurricular club meetings; and
4965 (ii) a school may not spend public funds for noncurricular clubs, except as required to
4966 implement the provisions of this part, including providing space and faculty oversight for
4967 noncurricular clubs;
4968 (c) a school shall establish the noninstructional times during which noncurricular clubs
4969 may meet;
4970 (d) a school may establish the places that noncurricular clubs may meet;
4971 (e) a school may set the number of hours noncurricular clubs may use the school's
4972 facilities per month, provided that all noncurricular clubs shall be treated equally; and
4973 (f) a school shall determine what access noncurricular clubs shall be given to the
4974 school newspaper, yearbook, bulletin boards, or public address system, provided that all
4975 noncurricular clubs shall be treated equally.
4976 Section 134. Section 53G-7-708 is amended to read:
4977 53G-7-708. Club membership.
4978 (1) A school shall require written parental [
4979 participation in all curricular and noncurricular clubs at the school.
4980 (2) Membership in curricular clubs is governed by the following [
4981 (a) (i) membership may be limited to students who are currently attending the
4982 sponsoring school or school district; and
4983 (ii) members who attend a school other than the sponsoring school shall have, in
4984 addition to the consent required under Section 53G-7-709, specific parental [
4985 permission for membership in a curricular club at another school;
4986 (b) (i) curricular clubs may require that prospective members try out based on objective
4987 criteria outlined in the application materials; and
4988 (ii) try-outs may not require activities that violate the provisions of this part and other
4989 applicable laws, rules, and policies; and
4990 (c) other rules or policies as determined by the [
4991 school district, or school.
4992 (3) Membership in noncurricular clubs is governed by the following [
4993 (a) student membership in a noncurricular club is voluntary;
4994 (b) membership shall be limited to students who are currently attending the school;
4995 (c) (i) noncurricular clubs may require that prospective members try out based on
4996 objective criteria outlined in the application materials; and
4997 (ii) try-outs may not require activities that violate the provisions of this part and other
4998 applicable laws, rules, and policies;
4999 (d) a copy of any written or other media materials that were presented at a
5000 noncurricular club meeting by a nonschool person shall be delivered to a school administrator
5001 no later than 24 hours after the noncurricular club meeting and, if requested, a student's parent
5002 [
5003 (e) other rules or policies as determined by the [
5004 school district, or school.
5005 Section 135. Section 53G-7-709 is amended to read:
5006 53G-7-709. Parental consent.
5007 (1) A school shall require written parental [
5008 participation in all curricular and noncurricular clubs at the school.
5009 (2) The consent described in Subsection (1) shall include an activity disclosure
5010 statement containing the following information:
5011 (a) the specific name of the club;
5012 (b) a statement of the club's purpose, goals, and activities;
5013 (c) a statement of the club's categorization, which shall be obtained from the
5014 application for authorization of a club in accordance with the provisions of Section 53G-7-703
5015 or 53G-7-704, indicating all of the following that may apply:
5016 (i) athletic;
5017 (ii) business/economic;
5018 (iii) agriculture;
5019 (iv) art/music/performance;
5020 (v) science;
5021 (vi) gaming;
5022 (vii) religious;
5023 (viii) community service/social justice; and
5024 (ix) other;
5025 (d) beginning and ending dates;
5026 (e) a tentative schedule of the club activities with dates, times, and places specified;
5027 (f) personal costs associated with the club, if any;
5028 (g) the name of the sponsor, supervisor, or monitor who is responsible for the club; and
5029 (h) any additional information considered important for the students and parents to
5030 know.
5031 (3) All completed parental consent forms shall be filed by the parent or the club's
5032 sponsor, supervisor, or monitor with the school's principal, the chief administrative officer of a
5033 charter school, or their designee.
5034 Section 136. Section 53G-7-711 is amended to read:
5035 53G-7-711. Appeals -- Procedures.
5036 (1) (a) A completed application or complaint shall be approved, denied, or investigated
5037 by the school within a reasonable amount of time.
5038 (b) If an application or complaint is denied, written reasons for the denial or results of
5039 the investigation shall be stated and, if appropriate, suggested corrections shall be made to
5040 remedy the deficiency.
5041 (c) A club that is denied school facilities use shall be informed at the time of the denial
5042 of the factual and legal basis for the denial, and, if appropriate, how the basis for the denial
5043 could be corrected.
5044 (2) (a) If denied, suspended, or terminated, a club, student desirous of participating or
5045 speaking, or a complaining parent [
5046 suspension, or termination to file a written appeal from the denial, suspension, or termination
5047 to a designee authorized by the [
5048 (b) The designee shall issue a determination within a reasonable amount of time from
5049 receipt of the appeal, which decision is final and constitutes satisfaction of all administrative
5050 remedies unless the time for evaluation is extended by agreement of all parties.
5051 (3) A person directly affected by a decision made in accordance with the provisions of
5052 this part may appeal the decision by writing to a person designated by the [
5053 governing board.
5054 Section 137. Section 53G-7-712 is amended to read:
5055 53G-7-712. Rulemaking -- State board -- LEA governing boards.
5056 The [
5057 LEA governing boards may adopt additional [
5058 conflict with the provisions of this part.
5059 Section 138. Section 53G-7-803 is amended to read:
5060 53G-7-803. Uniforms in schools -- Policy approval.
5061 (1) The school uniform policy authorized in Section 53G-7-802 may be adopted:
5062 (a) for a charter school:
5063 (i) by the [
5064 charter school in accordance with Subsection (2); or
5065 (ii) by including the school uniform policy in the school's charter agreement approved
5066 in accordance with Chapter 5, Utah Charter Schools;
5067 (b) for more than one school at the district level by a local school board in accordance
5068 with Subsection (2); or
5069 (c) for a single school at the school level by the principal of the school in accordance
5070 with Subsection (2).
5071 (2) A school uniform policy adopted by an election is subject to the following
5072 requirements:
5073 (a) the adopting authority shall hold a public hearing on the matter prior to formal
5074 adoption of the school uniform policy;
5075 (b) (i) the adopting authority shall hold an election for approval of a school uniform
5076 policy prior to its adoption and shall receive an affirmative vote from a majority of those voting
5077 at the election; and
5078 (ii) only parents [
5079 policy may vote at the election, limited to one vote per family.
5080 (3) (a) A local school board or principal is required to hold an election to consider
5081 adoption of a school uniform policy for an entire school district or an individual school if
5082 initiative petitions are presented as follows:
5083 (i) for a school district, a petition signed by a parent [
5084 district's students presented to the local school board; and
5085 (ii) for an individual school, a petition signed by a parent [
5086 school's students presented to the principal.
5087 (b) The public hearing and election procedures required in Subsection (2) apply to this
5088 Subsection (3).
5089 (4) (a) The procedures set forth in Subsections (3) and (4) shall apply to the
5090 discontinuance or modification of a school uniform policy adopted under this section.
5091 (b) A vote to discontinue an adopted school uniform policy may not take place during
5092 the first year of its operation.
5093 (5) The adopting authority shall establish the manner and time of an election required
5094 under this section.
5095 Section 139. Section 53G-7-901 is amended to read:
5096 53G-7-901. Definitions.
5097 As used in this part:
5098 (1) "Cooperating employer" means a public or private entity which, as part of a work
5099 experience and career exploration program offered through a school, provides interns with
5100 training and work experience in activities related to the entity's ongoing business activities.
5101 (2) "Intern" means a student enrolled in a school-sponsored work experience and career
5102 exploration program under Section 53G-7-902 involving both classroom instruction and work
5103 experience with a cooperating employer, for which the student receives no compensation.
5104 (3) "Internship" means the work experience segment of an intern's school-sponsored
5105 work experience and career exploration program, performed under the direct supervision of a
5106 cooperating employer.
5107 (4) "Private school" means a school serving any of grades 7 through 12 which is not
5108 part of the public education system.
5109 (5) "Public school" means:
5110 (a) a public school district;
5111 (b) an applied technology center or applied technology service region;
5112 (c) the Schools for the Deaf and the Blind; or
5113 (d) other components of the public education system authorized by the [
5114
5115 Section 140. Section 53G-7-902 is amended to read:
5116 53G-7-902. Public or private school internships.
5117 A public or private school may offer internships in connection with work experience
5118 and career exploration programs operated in accordance with the rules of the [
5119
5120 Section 141. Section 53G-7-1004 is amended to read:
5121 53G-7-1004. Rulemaking -- Reporting.
5122 The [
5123
5124 reporting requirements for local school boards with respect to the policy required by Section
5125 53G-7-1002.
5126 Section 142. Section 53G-7-1101 is amended to read:
5127 53G-7-1101. Definitions.
5128 As used in this part:
5129 (1) "Alignment" or "realignment" means the initial or subsequent act, respectively, of
5130 assigning a public school a classification or region.
5131 (2) "Appeals panel" means the appeals panel created in Section 53G-7-1106.
5132 (3) (a) "Association" means an organization that governs or regulates a student's
5133 participation in an athletic interscholastic activity.
5134 (b) "Association" does not include an institution of higher education described in
5135 Section 53B-1-102.
5136 (4) "Classification" means the designation of a school based on the size of the school's
5137 student enrollment population for purposes of interscholastic activities.
5138 (5) "Eligibility" means eligibility to participate in an interscholastic activity regulated
5139 or governed by an association.
5140 (6) "Governing body" means a body within an association that:
5141 (a) is responsible for:
5142 (i) adopting [
5143 administration of the association;
5144 (ii) adopting or amending the association's governing document or bylaws;
5145 (iii) enforcing the [
5146 (iv) adopting the association's budget; and
5147 (b) has oversight of other boards, committees, councils, or bodies within the
5148 association.
5149 (7) "Interscholastic activity" means an activity within the state in which:
5150 (a) a student that participates represents the student's school in the activity; and
5151 (b) the participating student is enrolled in grade 9, 10, 11, or 12.
5152 (8) "Public hearing" means a hearing at which members of the public are provided a
5153 reasonable opportunity to comment on the subject of the hearing.
5154 (9) "Region" means a grouping of schools of the same classification for purposes of
5155 interscholastic activities.
5156 Section 143. Section 53G-7-1103 is amended to read:
5157 53G-7-1103. Governing body membership.
5158 (1) (a) A governing body shall have 15 members as follows:
5159 (i) six members who:
5160 (A) are each an elected member of a local school board; and
5161 (B) each represent a different classification;
5162 (ii) (A) one school superintendent representing the two largest classifications;
5163 (B) one school superintendent representing the two classifications that are next in
5164 diminishing size to the smaller of the two classifications described in Subsection (1)(a)(ii)(A);
5165 and
5166 (C) one school superintendent representing the two classifications that are next in
5167 diminishing size to the smaller of the two classifications described in Subsection (1)(a)(ii)(B);
5168 (iii) (A) one school principal representing the two largest classifications;
5169 (B) one school principal representing the two classifications that are next in
5170 diminishing size to the smaller of the two classifications described in Subsection (1)(a)(iii)(A);
5171 and
5172 (C) one school principal representing the two classifications that are next in
5173 diminishing size to the smaller of the two classifications described in Subsection (1)(a)(iii)(B);
5174 (iv) one representative of charter schools;
5175 (v) one representative of private schools, if private schools are members of or regulated
5176 by the association; and
5177 (vi) one member representing the [
5178 (b) Only a member respectively described in Subsection (1)(a)(iv) or (v) may be
5179 elected or appointed by or represent charter or private schools on the governing body.
5180 (2) (a) A member described in Subsection (1)(a)(i), (ii), (iii), or (v) may be elected,
5181 appointed, or otherwise selected in accordance with association rule or policy to the extent the
5182 selection reflects the membership requirements in Subsection (1)(a)(i), (ii), (iii), or (v).
5183 (b) A governing body member described in Subsection (1)(a)(vi) shall be the chair of
5184 the [
5185 member of the [
5186 Section 144. Section 53G-7-1104 is amended to read:
5187 53G-7-1104. Reporting requirements.
5188 An association shall provide a verbal report, accompanied by a written report, annually
5189 to the [
5190 (1) the association's annual budget in accordance with Section 53G-7-1105;
5191 (2) a schedule of events scheduled or facilitated by the association;
5192 (3) procedures for alignment or realignment;
5193 (4) any amendments or changes to the association's governing document or bylaws; and
5194 (5) any other information requested by the [
5195 Section 145. Section 53G-7-1105 is amended to read:
5196 53G-7-1105. Association budgets.
5197 (1) An association shall:
5198 (a) adopt a budget in accordance with this section; and
5199 (b) use uniform budgeting, accounting, and auditing procedures and forms, which shall
5200 be in accordance with generally accepted accounting principles or auditing standards.
5201 (2) An association budget officer or executive director shall annually prepare a
5202 tentative budget, with supporting documentation, to be submitted to the governing body.
5203 (3) The tentative budget and supporting documents shall include the following items:
5204 (a) the revenues and expenditures of the preceding fiscal year;
5205 (b) the estimated revenues and expenditures of the current fiscal year;
5206 (c) a detailed estimate of the essential expenditures for all purposes for the next
5207 succeeding fiscal year; and
5208 (d) the estimated financial condition of the association by funds at the close of the
5209 current fiscal year.
5210 (4) The tentative budget shall be filed with the governing body 15 days, or earlier,
5211 before the date of the tentative budget's proposed adoption by the governing body.
5212 (5) The governing body shall adopt a budget.
5213 (6) Before the adoption or amendment of a budget, the governing body shall hold a
5214 public hearing on the proposed budget or budget amendment.
5215 (7) (a) In addition to complying with Title 52, Chapter 4, Open and Public Meetings
5216 Act, in regards to the public hearing described in Subsection (6), at least 10 days before the
5217 public hearing, a governing body shall:
5218 (i) publish a notice of the public hearing electronically in accordance with Section
5219 63F-1-701; and
5220 (ii) post the proposed budget on the association's Internet website.
5221 (b) A notice of a public hearing on an association's proposed budget shall include
5222 information on how the public may access the proposed budget as provided in Subsection
5223 (7)(a).
5224 (8) No later than September 30 of each year, the governing body shall file a copy of the
5225 adopted budget with the state auditor and the [
5226 Section 146. Section 53G-7-1106 is amended to read:
5227 53G-7-1106. Procedures for disputes -- Appeals -- Appeals panel --
5228 Compensation.
5229 (1) (a) An association shall establish a uniform procedure for hearing and deciding:
5230 (i) disputes;
5231 (ii) allegations of violations of the association's rules or policies;
5232 (iii) requests to establish eligibility after a student transfers schools; and
5233 (iv) disputes related to alignment or realignment.
5234 (b) An individual may appeal to an appeals panel established in this section an
5235 association decision regarding a request to establish eligibility after a student transfers schools.
5236 (2) (a) There is established an appeals panel for an association decision described in
5237 Subsection (1)(b).
5238 (b) The appeals panel shall consist of the following three members:
5239 (i) a judge or attorney who is not employed by, or contracts with, a school;
5240 (ii) a retired educator, principal, or superintendent; and
5241 (iii) a retired athletic director or coach.
5242 (c) A review and decision by the appeals panel is limited to whether the association
5243 properly followed the association's rules and procedures in regard to a decision described in
5244 Subsection (1)(b).
5245 (d) (i) An association shall adopt policies for filing an appeal with the appeals panel.
5246 (ii) The appeals panel shall review an appeal and issue a written decision explaining
5247 the appeals panel's decision no later than 10 business days after an appeal is filed.
5248 (e) The appeals panel's decision is final.
5249 (3) (a) The [
5250 appeals panel described in Subsection (2):
5251 (i) from the association's nominations described in Subsection (3)(b); and
5252 (ii) in accordance with the [
5253 process.
5254 (b) (i) The association shall nominate up to three individuals for each position
5255 described in Subsection (2) for the [
5256 (ii) If the [
5257 panel who were nominated by the association as described in Subsection (3)(b)(i), the [
5258
5259 (iii) No later than 45 days after the association provides the nominations, the [
5260
5261 names provided by the association.
5262 (c) For the initial membership, the [
5263 two of the positions having an initial term of three years and one position having an initial term
5264 of two years.
5265 (d) Except as required by Subsection (3)(e), as terms of appeals panel members expire,
5266 the [
5267 member to a two-year term.
5268 (e) When a vacancy occurs in the membership for any reason, the replacement shall be
5269 appointed for the unexpired term.
5270 (4) The [
5271 diem and travel expenses of members of the appeals panel.
5272 Section 147. Section 53G-7-1202 is amended to read:
5273 53G-7-1202. School community councils -- Duties -- Composition -- Election
5274 procedures and selection of members.
5275 (1) As used in this section:
5276 (a) "Digital citizenship" means the norms of appropriate, responsible, and healthy
5277 behavior related to technology use, including digital literacy, ethics, etiquette, and security.
5278 [
5279
5280
5281 [
5282 [
5283 council who is a parent [
5284 (A) is attending the school; or
5285 (B) will be enrolled at the school during the parent's [
5286 (ii) "Parent [
5287 school.
5288 [
5289 accordance with this section.
5290 [
5291 who is a person employed at the school by the school or school district, including the principal.
5292 [
5293 pursuant to Section 53F-2-404.
5294 (2) A district school, in consultation with the district school's local school board, shall
5295 establish a school community council at the school building level for the purpose of:
5296 (a) involving parents [
5297 (b) improving the education of students;
5298 (c) prudently expending School LAND Trust Program money for the improvement of
5299 students' education through collaboration among parents [
5300 and the local school board; and
5301 (d) increasing public awareness of:
5302 (i) school trust lands and related land policies;
5303 (ii) management of the State School Fund established in Utah Constitution Article X,
5304 Section V; and
5305 (iii) educational excellence.
5306 (3) (a) Except as provided in Subsection (3)(b), a school community council shall:
5307 (i) create a school improvement plan in accordance with Section 53G-7-1204;
5308 (ii) create the School LAND Trust Program in accordance with Section 53G-7-1206;
5309 (iii) advise and make recommendations to school and school district administrators and
5310 the local school board regarding:
5311 (A) the school and its programs;
5312 (B) school district programs;
5313 (C) a child access routing plan in accordance with Section 53G-4-402;
5314 (D) safe technology utilization and digital citizenship; and
5315 (E) other issues relating to the community environment for students;
5316 (iv) provide for education and awareness on safe technology utilization and digital
5317 citizenship that empowers:
5318 (A) a student to make smart media and online choices; and
5319 (B) a parent [
5320 [
5321 (v) partner with the school's principal and other administrators to ensure that adequate
5322 on and off campus Internet filtering is installed and consistently configured to prevent viewing
5323 of harmful content by students and school personnel, in accordance with local school board
5324 policy and Subsection 53G-7-216(3).
5325 (b) To fulfill the school community council's duties described in Subsections (3)(a)(iv)
5326 and (v), a school community council may:
5327 (i) partner with one or more non-profit organizations; or
5328 (ii) create a subcommittee.
5329 (c) A school or school district administrator may not prohibit or discourage a school
5330 community council from discussing issues, or offering advice or recommendations, regarding
5331 the school and its programs, school district programs, the curriculum, or the community
5332 environment for students.
5333 (4) (a) Each school community council shall consist of school employee members and
5334 parent [
5335 (b) Except as provided in Subsection (4)(c) or (d):
5336 (i) each school community council for a high school shall have six parent [
5337 members and four school employee members, including the principal; and
5338 (ii) each school community council for a school other than a high school shall have
5339 four parent [
5340 (c) A school community council may determine the size of the school community
5341 council by a majority vote of a quorum of the school community council provided that:
5342 (i) the membership includes two or more parent [
5343 number of school employee members; and
5344 (ii) there are at least two school employee members on the school community council.
5345 (d) (i) The number of parent [
5346 who are not educators employed by the school district shall exceed the number of parent [
5347
5348 (ii) If, after an election, the number of parent [
5349 educators employed by the school district does not exceed the number of parent [
5350 members who are educators employed by the school district, the parent [
5351 of the school community council shall appoint one or more parent [
5352 the school community council so that the number of parent [
5353 educators employed by the school district exceeds the number of parent [
5354 who are educators employed by the school district.
5355 (5) (a) Except as provided in Subsection (5)(f), a school employee member, other than
5356 the principal, shall be elected by secret ballot by a majority vote of the school employees and
5357 serve a two-year term. The principal shall serve as an ex officio member with full voting
5358 privileges.
5359 (b) (i) Except as provided in Subsection (5)(f), a parent [
5360 elected by secret ballot at an election held at the school by a majority vote of those voting at the
5361 election and serve a two-year term.
5362 (ii) (A) Except as provided in Subsection (5)(b)(ii)(B), only a parent [
5363 student attending the school may vote in, or run as a candidate in, the election under Subsection
5364 (5)(b)(i).
5365 (B) If an election is held in the spring, a parent [
5366 attending the school the following school year may vote in, and run as a candidate in, the
5367 election under Subsection (5)(b)(i).
5368 (iii) Any parent [
5369 may file or declare the parent's [
5370 council.
5371 (iv) (A) Subject to Subsections (5)(b)(iv)(B) and (5)(b)(iv)(C), a timeline for the
5372 election of parent [
5373 a local school board for the schools within the school district.
5374 (B) An election for the parent [
5375 shall be held near the beginning of the school year or held in the spring and completed before
5376 the last week of school.
5377 (C) Each school shall establish a time period for the election of parent [
5378 members of a school community council under Subsection (5)(b)(iv)(B) that is consistent for at
5379 least a four-year period.
5380 (c) (i) At least 10 days before the date that voting commences for the elections held
5381 under Subsections (5)(a) and (5)(b), the principal of the school, or the principal's designee,
5382 shall provide notice to each school employee[
5383 vote in, and run as a candidate in, an election under this Subsection (5).
5384 (ii) The notice shall include:
5385 (A) the dates and times of the elections;
5386 (B) a list of council positions that are up for election; and
5387 (C) instructions for becoming a candidate for a community council position.
5388 (iii) The principal of the school, or the principal's designee, shall oversee the elections
5389 held under Subsections (5)(a) and (5)(b).
5390 (iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a
5391 secure ballot box.
5392 (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
5393 available to the public upon request.
5394 (e) (i) If a parent [
5395 unfilled after an election is held, the other parent [
5396 appoint a parent [
5397 (ii) If a school employee position on a school community council remains unfilled after
5398 an election is held, the other school employee members of the council shall appoint a school
5399 employee to fill the position.
5400 (iii) A member appointed to a school community council under Subsection (5)(e)(i) or
5401 (ii) shall serve a two-year term.
5402 (f) (i) If the number of candidates who file for a parent [
5403 employee position on a school community council is less than or equal to the number of open
5404 positions, an election is not required.
5405 (ii) If an election is not held pursuant to Subsection (5)(f)(i) and a parent [
5406 position remains unfilled, the other parent [
5407 parent [
5408 (iii) If an election is not held pursuant to Subsection (5)(f)(i) and a school employee
5409 position remains unfilled, the other school employee members of the council shall appoint a
5410 school employee who meets the qualifications of this section to fill the position.
5411 (g) The principal shall enter the names of the council members on the School LAND
5412 Trust website on or before October 20 of each year, pursuant to Section 53G-7-1203.
5413 (h) Terms shall be staggered so that approximately half of the council members stand
5414 for election each year.
5415 (i) A school community council member may serve successive terms provided the
5416 member continues to meet the definition of a parent [
5417 member as specified in Subsection (1).
5418 (j) Each school community council shall elect:
5419 (i) a chair from its parent [
5420 (ii) a vice chair from either its parent [
5421 members, excluding the principal.
5422 (6) (a) A school community council may create subcommittees or task forces to:
5423 (i) advise or make recommendations to the council; or
5424 (ii) develop all or part of a plan listed in Subsection (3).
5425 (b) Any plan or part of a plan developed by a subcommittee or task force shall be
5426 subject to the approval of the school community council.
5427 (c) A school community council may appoint individuals who are not council members
5428 to serve on a subcommittee or task force, including parents [
5429 or other community members.
5430 (7) (a) A majority of the members of a school community council is a quorum for the
5431 transaction of business.
5432 (b) The action of a majority of the members of a quorum is the action of the school
5433 community council.
5434 (8) A local school board shall provide training for a school community council each
5435 year, including training:
5436 (a) for the chair and vice chair about their responsibilities;
5437 (b) on resources available on the School LAND Trust website; and
5438 (c) on this part.
5439 Section 148. Section 53G-7-1203 is amended to read:
5440 53G-7-1203. School community councils -- Open and public meeting
5441 requirements.
5442 (1) As used in this section:
5443 (a) (i) "Charter trust land council" means a council established by a charter school
5444 governing board under Section 53G-7-1205.
5445 (ii) "Charter trust land council" does not include a charter school governing board
5446 acting as a charter trust land council.
5447 [
5448
5449 [
5450 (c) "School community council" means a council established at a school within a
5451 school district under Section 53G-7-1202.
5452 (2) A school community council or a charter trust land council:
5453 (a) shall conduct deliberations and take action openly as provided in this section; and
5454 (b) is exempt from Title 52, Chapter 4, Open and Public Meetings Act.
5455 (3) (a) As required by Section 53G-7-1202, a local school board shall provide training
5456 for the members of a school community council on this section.
5457 (b) A charter school governing board shall provide training for the members of a
5458 charter trust land council on this section.
5459 (4) (a) A meeting of a council is open to the public.
5460 (b) A council may not close any portion of a meeting.
5461 (5) A council shall, at least one week prior to a meeting, post the following information
5462 on the school's website:
5463 (a) a notice of the meeting, time, and place;
5464 (b) an agenda for the meeting; and
5465 (c) the minutes of the previous meeting.
5466 (6) (a) On or before October 20, a principal shall post the following information on the
5467 school website and in the school office:
5468 (i) the proposed council meeting schedule for the year;
5469 (ii) a telephone number or email address, or both, where each council member can be
5470 reached directly; and
5471 (iii) a summary of the annual report required under Section 53G-7-1206 on how the
5472 school's School LAND Trust Program money was used to enhance or improve academic
5473 excellence at the school and implement a component of the school's improvement plan.
5474 (b) (i) A council shall identify and use methods of providing the information listed in
5475 Subsection (6)(a) to a parent [
5476 (ii) Money allocated to a school under the School LAND Trust Program under Section
5477 53F-2-404 may not be used to provide information as required by Subsection (6)(b)(i).
5478 (7) (a) The notice requirement of Subsection (5) may be disregarded if:
5479 (i) because of unforeseen circumstances it is necessary for a council to hold an
5480 emergency meeting to consider matters of an emergency or urgent nature; and
5481 (ii) the council gives the best notice practicable of:
5482 (A) the time and place of the emergency meeting; and
5483 (B) the topics to be considered at the emergency meeting.
5484 (b) An emergency meeting of a council may not be held unless:
5485 (i) an attempt has been made to notify all the members of the council; and
5486 (ii) a majority of the members of the council approve the meeting.
5487 (8) (a) An agenda required under Subsection (5)(b) shall provide reasonable specificity
5488 to notify the public as to the topics to be considered at the meeting.
5489 (b) Each topic described in Subsection (8)(a) shall be listed under an agenda item on
5490 the meeting agenda.
5491 (c) A council may not take final action on a topic in a meeting unless the topic is:
5492 (i) listed under an agenda item as required by Subsection (8)(b); and
5493 (ii) included with the advance public notice required by Subsection (5).
5494 (9) (a) Written minutes shall be kept of a council meeting.
5495 (b) Written minutes of a council meeting shall include:
5496 (i) the date, time, and place of the meeting;
5497 (ii) the names of members present and absent;
5498 (iii) a brief statement of the matters proposed, discussed, or decided;
5499 (iv) a record, by individual member, of each vote taken;
5500 (v) the name of each person who:
5501 (A) is not a member of the council; and
5502 (B) after being recognized by the chair, provided testimony or comments to the
5503 council;
5504 (vi) the substance, in brief, of the testimony or comments provided by the public under
5505 Subsection (9)(b)(v); and
5506 (vii) any other information that is a record of the proceedings of the meeting that any
5507 member requests be entered in the minutes.
5508 (c) The written minutes of a council meeting:
5509 (i) are a public record under Title 63G, Chapter 2, Government Records Access and
5510 Management Act; and
5511 (ii) shall be retained for three years.
5512 (10) (a) As used in this Subsection (10), "rules of order and procedure" means a set of
5513 [
5514 (i) parliamentary order and procedure;
5515 (ii) ethical behavior; and
5516 (iii) civil discourse.
5517 (b) A council shall:
5518 (i) adopt rules of order and procedure to govern a public meeting of the council;
5519 (ii) conduct a public meeting in accordance with the rules of order and procedure
5520 described in Subsection (10)(b)(i); and
5521 (iii) make the rules of order and procedure described in Subsection (10)(b)(i) available
5522 to the public:
5523 (A) at each public meeting of the council; and
5524 (B) on the school's website.
5525 Section 149. Section 53G-7-1205 is amended to read:
5526 53G-7-1205. Charter trust land councils.
5527 (1) To receive School LAND Trust Program funding as described in Sections
5528 53F-2-404 and 53G-7-1206, a charter school governing board shall establish a charter trust
5529 land council, which shall prepare a plan for the use of School LAND Trust Program money that
5530 includes the elements described in Subsection 53G-7-1206(4).
5531 (2) (a) The membership of the council shall include parents [
5532 enrolled at the school and may include other members.
5533 (b) The number of council members who are parents [
5534 enrolled at the school shall exceed all other members combined by at least two.
5535 (3) A charter school governing board may serve as the charter trust land council that
5536 prepares a plan for the use of School LAND Trust Program money if the membership of the
5537 charter school governing board meets the requirements of Subsection (2)(b).
5538 (4) (a) Except as provided in Subsection (4)(b), council members who are parents [
5539
5540 established by the charter school governing board.
5541 (b) Subsection (4)(a) does not apply to a charter school governing board that serves as
5542 the charter trust land council that prepares a plan for the use of School LAND Trust Program
5543 money.
5544 (5) A parent [
5545 co-chair of a charter trust land council that prepares a plan for the use of School LAND Trust
5546 Program money.
5547 Section 150. Section 53G-7-1206 is amended to read:
5548 53G-7-1206. School LAND Trust Program.
5549 (1) As used in this section:
5550 [
5551
5552 [
5553 53G-5-102.
5554 [
5555 governing board under Section 53G-7-1205.
5556 [
5557 [
5558
5559
5560 [
5561 accordance with Section 53G-7-1202.
5562 (2) There is established the School LAND (Learning And Nurturing Development)
5563 Trust Program under the [
5564 (a) provide financial resources to public schools to enhance or improve student
5565 academic achievement and implement a component of a district school's school improvement
5566 plan or a charter school's charter agreement; and
5567 (b) involve parents [
5568 the expenditure of School LAND Trust Program money allocated to the school.
5569 (3) To receive an allocation under Section 53F-2-404:
5570 (a) a district school shall have established a school community council in accordance
5571 with Section 53G-7-1202;
5572 (b) a charter school shall have established a charter trust land council in accordance
5573 with Section 53G-7-1205; and
5574 (c) the school's principal shall provide a signed, written assurance that the school is in
5575 compliance with Subsection (3)(a) or (b).
5576 (4) (a) A council shall create a program to use the school's allocation distributed under
5577 Section 53F-2-404 to implement a component of the school's improvement plan or charter
5578 agreement, including:
5579 (i) the school's identified most critical academic needs;
5580 (ii) a recommended course of action to meet the identified academic needs;
5581 (iii) a specific listing of any programs, practices, materials, or equipment that the
5582 school will need to implement a component of its school improvement plan to have a direct
5583 impact on the instruction of students and result in measurable increased student performance;
5584 and
5585 (iv) how the school intends to spend its allocation of funds under this section to
5586 enhance or improve academic excellence at the school.
5587 (b) (i) A council shall create and vote to adopt a plan for the use of School LAND
5588 Trust Program money in a meeting of the council at which a quorum is present.
5589 (ii) If a majority of the quorum votes to adopt a plan for the use of School LAND Trust
5590 Program money, the plan is adopted.
5591 (c) A council shall:
5592 (i) post a plan for the use of School LAND Trust Program money that is adopted in
5593 accordance with Subsection (4)(b) on the School LAND Trust Program website; and
5594 (ii) include with the plan a report noting the number of council members who voted for
5595 or against the approval of the plan and the number of council members who were absent for the
5596 vote.
5597 (d) (i) The local school board of a district school shall approve or disapprove a plan for
5598 the use of School LAND Trust Program money.
5599 (ii) If a local school board disapproves a plan for the use of School LAND Trust
5600 Program money:
5601 (A) the local school board shall provide a written explanation of why the plan was
5602 disapproved and request the school community council who submitted the plan to revise the
5603 plan; and
5604 (B) the school community council shall submit a revised plan in response to a local
5605 school board's request under Subsection (4)(d)(ii)(A).
5606 (iii) Once a plan has been approved by a local school board, a school community
5607 council may amend the plan, subject to a majority vote of the school community council and
5608 local school board approval.
5609 (e) A charter trust land council's plan for the use of School LAND Trust Program
5610 money is subject to approval by the:
5611 (i) charter school governing board; and
5612 (ii) charter school's charter school authorizer.
5613 (5) (a) A district school or charter school shall:
5614 (i) implement the program as approved;
5615 (ii) provide ongoing support for the council's program; and
5616 (iii) meet [
5617 financial and performance accountability of the program.
5618 (b) (i) A district school or charter school shall prepare and post an annual report of the
5619 program on the School LAND Trust Program website each fall.
5620 (ii) The report shall detail the use of program funds received by the school under this
5621 section and an assessment of the results obtained from the use of the funds.
5622 (iii) A summary of the report shall be provided to parents [
5623 attending the school.
5624 (6) On or before October 1 of each year, a school district shall record the amount of the
5625 program funds distributed to each school under Section 53F-2-404 on the School LAND Trust
5626 Program website to assist schools in developing the annual report described in Subsection
5627 (5)(b).
5628 (7) The president or chair of a local school board or charter school governing board
5629 shall ensure that the members of the local school board or charter school governing board are
5630 provided with annual training on the requirements of this section.
5631 (8) (a) The School LAND Trust Program shall provide training to the entities described
5632 in Subsection (8)(b) on:
5633 (i) the School LAND Trust Program; and
5634 (ii) (A) a school community council; or
5635 (B) a charter trust land council.
5636 (b) The School LAND Trust Program shall provide the training to:
5637 (i) a local school board or a charter school governing board;
5638 (ii) a school district or a charter school; and
5639 (iii) a school community council.
5640 (9) The School LAND Trust Program shall annually review each school's compliance
5641 with applicable law, including rules adopted by the [
5642 (a) reading each School LAND Trust Program plan submitted; and
5643 (b) reviewing expenditures made from School LAND Trust Program money.
5644 (10) The state board shall designate a staff member who administers the School LAND
5645 Trust Program:
5646 (a) to serve as a member of the Land Trusts Protection and Advocacy Committee
5647 created under Section 53D-2-202; and
5648 (b) who may coordinate with the Land Trusts Protection and Advocacy Office director,
5649 appointed under Section 53D-2-203, to attend meetings or events within the School and
5650 Institutional Trust System, as defined in Section 53D-2-102, that relate to the School LAND
5651 Trust Program.
5652 Section 151. Section 53G-8-202 is amended to read:
5653 53G-8-202. Public school discipline policies -- Basis of the policies --
5654 Enforcement.
5655 (1) The Legislature recognizes that every student in the public schools should have the
5656 opportunity to learn in an environment which is safe, conducive to the learning process, and
5657 free from unnecessary disruption.
5658 (2) (a) To foster such an environment, each local school board or charter school
5659 governing board [
5660
5661 policies for the public schools in accordance with Section 53G-8-211.
5662 (b) A district or charter school shall base its policies on the principle that every student
5663 is expected:
5664 (i) to follow accepted [
5665 (ii) to show respect for other people and to obey persons in authority at the school.
5666 (c) (i) On or before September 1, 2015, the [
5667 revise the conduct and discipline policy models for elementary and secondary public schools to
5668 include procedures for responding to reports received through the School Safety and Crisis
5669 Line under Subsection 53E-10-502(3).
5670 (ii) Each district or charter school shall use the models, where appropriate, in
5671 developing its conduct and discipline policies under this chapter.
5672 (d) The policies shall emphasize that certain behavior, most particularly behavior
5673 which disrupts, is unacceptable and may result in disciplinary action.
5674 (3) The local superintendent and designated employees of the district or charter school
5675 shall enforce the policies so that students demonstrating unacceptable behavior and their
5676 parents [
5677 in accordance with the district's conduct and discipline policies.
5678 Section 152. Section 53G-8-203 is amended to read:
5679 53G-8-203. Conduct and discipline policies and procedures.
5680 (1) The conduct and discipline policies required under Section 53G-8-202 shall
5681 include:
5682 (a) provisions governing student conduct, safety, and welfare;
5683 (b) standards and procedures for dealing with students who cause disruption in the
5684 classroom, on school grounds, on school vehicles, or in connection with school-related
5685 activities or events;
5686 (c) procedures for the development of remedial discipline plans for students who cause
5687 a disruption at any of the places referred to in Subsection (1)(b);
5688 (d) procedures for the use of reasonable and necessary physical restraint in dealing with
5689 students posing a danger to themselves or others, consistent with Section 53G-8-302;
5690 (e) standards and procedures for dealing with student conduct in locations other than
5691 those referred to in Subsection (1)(b), if the conduct threatens harm or does harm to:
5692 (i) the school;
5693 (ii) school property;
5694 (iii) a person associated with the school; or
5695 (iv) property associated with a person described in Subsection (1)(e)(iii);
5696 (f) procedures for the imposition of disciplinary sanctions, including suspension and
5697 expulsion;
5698 (g) specific provisions, consistent with Section 53E-3-509, for preventing and
5699 responding to gang-related activities in the school, on school grounds, on school vehicles, or in
5700 connection with school-related activities or events;
5701 (h) standards and procedures for dealing with habitual disruptive or unsafe student
5702 behavior in accordance with the provisions of this part; and
5703 (i) procedures for responding to reports received through the School Safety and Crisis
5704 Line under Subsection 53E-10-502(3).
5705 (2) (a) Each local school board shall establish a policy on detaining students after
5706 regular school hours as a part of the district-wide discipline plan required under Section
5707 53G-8-202.
5708 (b) (i) The policy described in Subsection (2)(a) shall apply to elementary school
5709 students, grades kindergarten through [
5710 (ii) The local school board shall receive input from teachers, school administrators, and
5711 parents [
5712 (c) The policy described in Subsection (2)(a) shall provide for:
5713 (i) notice to the parent [
5714 school on a particular day; and
5715 (ii) exceptions to the notice provision if detention is necessary for the student's health
5716 or safety.
5717 Section 153. Section 53G-8-204 is amended to read:
5718 53G-8-204. Suspension and expulsion procedures -- Notice to parents --
5719 Distribution of policies.
5720 (1) (a) Policies required under this part shall include written procedures for the
5721 suspension and expulsion of, or denial of admission to, a student, consistent with due process
5722 and other provisions of law.
5723 (b) (i) The policies required in Subsection (1)(a) shall include a procedure directing
5724 public schools to notify the custodial parent and, if requested in writing by a noncustodial
5725 parent, the noncustodial parent of the suspension and expulsion of, or denial of admission to, a
5726 student.
5727 (ii) Subsection (1)(b)(i) does not apply to that portion of school records which would
5728 disclose any information protected under a court order.
5729 (iii) The custodial parent is responsible for providing to the school a certified copy of
5730 the court order under Subsection (1)(b)(ii) through a procedure adopted by the local school
5731 board or the charter school governing board [
5732 (2) (a) Each local school board or charter school governing board [
5733 shall provide for the distribution of a copy of a school's discipline and conduct policy to each
5734 student upon enrollment in the school.
5735 (b) A copy of the policy shall be posted in a prominent location in each school.
5736 (c) Any significant change in a school's conduct and discipline policy shall be
5737 distributed to students in the school and posted in the school in a prominent location.
5738 Section 154. Section 53G-8-205 is amended to read:
5739 53G-8-205. Grounds for suspension or expulsion from a public school.
5740 (1) A student may be suspended or expelled from a public school for any of the
5741 following reasons:
5742 (a) frequent or flagrant willful disobedience, defiance of proper authority, or disruptive
5743 behavior, including the use of foul, profane, vulgar, or abusive language;
5744 (b) willful destruction or defacing of school property;
5745 (c) behavior or threatened behavior which poses an immediate and significant threat to
5746 the welfare, safety, or morals of other students or school personnel or to the operation of the
5747 school;
5748 (d) possession, control, or use of an alcoholic beverage as defined in Section
5749 32B-1-102;
5750 (e) behavior proscribed under Subsection (2) which threatens harm or does harm to the
5751 school or school property, to a person associated with the school, or property associated with
5752 that person, regardless of where it occurs; or
5753 (f) possession or use of pornographic material on school property.
5754 (2) (a) A student shall be suspended or expelled from a public school for any of the
5755 following reasons:
5756 (i) any serious violation affecting another student or a staff member, or any serious
5757 violation occurring in a school building, in or on school property, or in conjunction with any
5758 school activity, including:
5759 (A) the possession, control, or actual or threatened use of a real weapon, explosive, or
5760 noxious or flammable material;
5761 (B) the actual or threatened use of a look alike weapon with intent to intimidate another
5762 person or to disrupt normal school activities; or
5763 (C) the sale, control, or distribution of a drug or controlled substance as defined in
5764 Section 58-37-2, an imitation controlled substance defined in Section 58-37b-2, or drug
5765 paraphernalia as defined in Section 58-37a-3; or
5766 (ii) the commission of an act involving the use of force or the threatened use of force
5767 which if committed by an adult would be a felony or class A misdemeanor.
5768 (b) A student who commits a violation of Subsection (2)(a) involving a real or look
5769 alike weapon, explosive, or flammable material shall be expelled from school for a period of
5770 not less than one year subject to the following:
5771 (i) within 45 days after the expulsion the student shall appear before the student's local
5772 school board superintendent, the superintendent's designee, chief administrative officer of a
5773 charter school, or the chief administrative officer's designee, accompanied by a parent [
5774
5775 (ii) the superintendent, chief administrator, or designee shall determine:
5776 (A) what conditions must be met by the student and the student's parent for the student
5777 to return to school;
5778 (B) if the student should be placed on probation in a regular or alternative school
5779 setting consistent with Section 53G-8-208, and what conditions must be met by the student in
5780 order to ensure the safety of students and faculty at the school the student is placed in; and
5781 (C) if it would be in the best interest of both the school district or charter school, and
5782 the student, to modify the expulsion term to less than a year, conditioned on approval by the
5783 local school board or charter school governing board [
5784 priority to providing a safe school environment for all students.
5785 (3) A student may be denied admission to a public school on the basis of having been
5786 expelled from that or any other school during the preceding 12 months.
5787 (4) A suspension or expulsion under this section is not subject to the age limitations
5788 under Subsection 53G-6-204(1).
5789 (5) Each local school board and charter school governing board [
5790 shall prepare an annual report for the [
5791 (a) each violation committed under this section; and
5792 (b) each action taken by the school district against a student who committed the
5793 violation.
5794 Section 155. Section 53G-8-206 is amended to read:
5795 53G-8-206. Delegation of authority to suspend or expel a student -- Procedure for
5796 suspension -- Readmission.
5797 (1) (a) A local school board [
5798 assistant principal within the school district the power to suspend a student in the principal's
5799 school for up to 10 school days.
5800 (b) A charter school governing board [
5801 administrative officer of the charter school the power to suspend a student in the charter school
5802 for up to 10 school days.
5803 (2) The local school board or charter school governing board may suspend a student for
5804 up to one school year or delegate that power to the district superintendent, the superintendent's
5805 designee, or chief administrative officer of a charter school.
5806 (3) The local school board may expel a student for a fixed or indefinite period,
5807 provided that the expulsion shall be reviewed by the district superintendent or the
5808 superintendent's designee and the conclusions reported to the local school board, at least once
5809 each year.
5810 (4) If a student is suspended, a designated school official shall notify the parent [
5811
5812 (a) that the student has been suspended;
5813 (b) the grounds for the suspension;
5814 (c) the period of time for which the student is suspended; and
5815 (d) the time and place for the parent [
5816 official to review the suspension.
5817 (5) (a) A suspended student shall immediately leave the school building and the school
5818 grounds following a determination by the school of the best way to transfer custody of the
5819 student to the parent [
5820 accept custody of the student.
5821 (b) Except as otherwise provided in Subsection (5)(c), a suspended student may not be
5822 readmitted to a public school until:
5823 (i) the student and the parent [
5824 to review the suspension and agreed upon a plan to avoid recurrence of the problem; or
5825 (ii) in the discretion of the principal or chief administrative officer of a charter school,
5826 the parent [
5827 such a meeting.
5828 (c) A suspension may not extend beyond 10 school days unless the student and the
5829 student's parent [
5830 designated school official and respond to the allegations and proposed disciplinary action.
5831 Section 156. Section 53G-8-207 is amended to read:
5832 53G-8-207. Alternatives to suspension or expulsion.
5833 (1) Each local school board or charter school governing board [
5834 shall establish:
5835 (a) policies providing that prior to suspending or expelling a student for repeated acts
5836 of willful disobedience, defiance of authority, or disruptive behavior which are not of such a
5837 violent or extreme nature that immediate removal is required, good faith efforts shall be made
5838 to implement a remedial discipline plan that would allow the student to remain in school; and
5839 (b) alternatives to suspension, including policies that allow a student to remain in
5840 school under an in-school suspension program or under a program allowing the parent [
5841
5842 for a period of time specified by a designated school official.
5843 (2) If the parent [
5844 the student shall be suspended in accordance with the conduct and discipline policies of the
5845 district or the school.
5846 (3) The parent [
5847 may enlist the cooperation of the Division of Child and Family Services, the juvenile court, or
5848 other appropriate state agencies, if necessary, in dealing with the student's suspension.
5849 (4) The state superintendent [
5850 and charter schools, shall:
5851 (a) research methods of motivating and providing incentives to students that:
5852 (i) directly and regularly reward or recognize appropriate behavior;
5853 (ii) impose immediate and direct consequences on students who fail to comply with
5854 district or school standards of conduct; and
5855 (iii) keep the students in school, or otherwise continue student learning with
5856 appropriate supervision or accountability;
5857 (b) explore funding resources to implement methods of motivating and providing
5858 incentives to students that meet the criteria specified in Subsection (4)(a);
5859 (c) evaluate the benefits and costs of methods of motivating and providing incentives
5860 to students that meet the criteria specified in Subsection (4)(a);
5861 (d) publish a report that incorporates the research findings, provides model plans with
5862 suggested resource pools, and makes recommendations for local school boards and school
5863 personnel;
5864 (e) submit the report described in Subsection (4)(d) to the Education Interim
5865 Committee; and
5866 (f) maintain data for purposes of accountability, later reporting, and future analysis.
5867 Section 157. Section 53G-8-208 is amended to read:
5868 53G-8-208. Student suspended or expelled -- Responsibility of parent --
5869 Application for students with disabilities.
5870 (1) If a student is suspended or expelled from a public school under this part for more
5871 than 10 school days, the parent [
5872 education plan which will ensure that the student's education continues during the period of
5873 suspension or expulsion.
5874 (2) (a) The parent [
5875 determine how that responsibility might best be met through private education, an alternative
5876 program offered by or through the district or charter school, or other alternative which will
5877 reasonably meet the educational needs of the student.
5878 (b) The parent [
5879 of the Division of Child and Family Services, the juvenile court, or other appropriate state
5880 agencies to meet the student's educational needs.
5881 (3) Costs for educational services which are not provided by the school district or
5882 charter school are the responsibility of the student's parent [
5883 (4) (a) Each school district or charter school shall maintain a record of all suspended or
5884 expelled students and a notation of the recorded suspension or expulsion shall be attached to
5885 the individual student's transcript.
5886 (b) The district or charter school shall contact the parent [
5887 suspended or expelled student under the age of 16 at least once each month to determine the
5888 student's progress.
5889 (5) (a) This part applies to students with disabilities to the extent permissible under
5890 applicable law or regulation.
5891 (b) If application of any requirement of this part to a student with a disability is not
5892 permissible under applicable law or regulation, the responsible school authority shall
5893 implement other actions consistent with the conflicting law or regulation which shall most
5894 closely correspond to the requirements of this part.
5895 Section 158. Section 53G-8-209 is amended to read:
5896 53G-8-209. Extracurricular activities -- Prohibited conduct -- Reporting of
5897 violations -- Limitation of liability.
5898 (1) The Legislature recognizes that:
5899 (a) participation in student government and extracurricular activities may confer
5900 important educational and lifetime benefits upon students, and encourages school districts and
5901 charter schools to provide a variety of opportunities for all students to participate in such
5902 activities in meaningful ways;
5903 (b) there is no constitutional right to participate in these types of activities, and does
5904 not through this section or any other provision of law create such a right;
5905 (c) students who participate in student government and extracurricular activities,
5906 particularly competitive athletics, and the adult coaches, advisors, and assistants who direct
5907 those activities, become role models for others in the school and community;
5908 (d) these individuals often play major roles in establishing standards of acceptable
5909 behavior in the school and community, and establishing and maintaining the reputation of the
5910 school and the level of community confidence and support afforded the school; and
5911 (e) it is of the utmost importance that those involved in student government, whether as
5912 officers or advisors, and those involved in competitive athletics and related activities, whether
5913 students or staff, comply with all applicable laws and [
5914 themselves at all times in a manner befitting their positions and responsibilities.
5915 (2) (a) The [
5916
5917 shall, adopt rules or policies implementing this section that apply to both students and staff.
5918 (b) The rules or policies described in Subsection (2)(a) shall include prohibitions
5919 against the following types of conduct in accordance with Section 53G-8-211, while in the
5920 classroom, on school property, during school sponsored activities, or regardless of the location
5921 or circumstance, affecting a person or property described in Subsections 53G-8-203(1)(e)(i)
5922 through (iv):
5923 (i) use of foul, abusive, or profane language while engaged in school related activities;
5924 (ii) illicit use, possession, or distribution of controlled substances or drug
5925 paraphernalia, and the use, possession, or distribution of an electronic cigarette as defined in
5926 Section 76-10-101, tobacco, or alcoholic beverages contrary to law; and
5927 (iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including
5928 behavior involving physical violence, restraint, improper touching, or inappropriate exposure
5929 of body parts not normally exposed in public settings, forced ingestion of any substance, or any
5930 act which would constitute a crime against a person or public order under Utah law.
5931 (3) (a) School employees who reasonably believe that a violation of this section may
5932 have occurred shall immediately report that belief to the school principal, district
5933 superintendent, or chief administrative officer of a charter school.
5934 (b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
5935 alleged incident, and actions taken in response, to the district superintendent or the
5936 superintendent's designee within 10 working days after receipt of the report.
5937 (c) Failure of a person holding a professional certificate to report as required under this
5938 Subsection (3) constitutes an unprofessional practice.
5939 (4) Limitations of liability set forth under Section 53G-8-405 apply to this section.
5940 Section 159. Section 53G-8-210 is amended to read:
5941 53G-8-210. Disruptive student behavior.
5942 (1) As used in this section:
5943 (a) "Disruptive student behavior" includes:
5944 (i) the grounds for suspension or expulsion described in Section 53G-8-205; and
5945 (ii) the conduct described in Subsection 53G-8-209(2)(b).
5946 (b) "Parent" includes:
5947 (i) a custodial parent of a school-age minor;
5948 (ii) a legally appointed guardian of a school-age minor; or
5949 (iii) any other person purporting to exercise any authority over the minor which could
5950 be exercised by a person described in Subsection (1)(b)(i) or (ii).
5951 (c) "Qualifying minor" means a school-age minor who:
5952 (i) is at least nine years old; or
5953 (ii) turns nine years old at any time during the school year.
5954 (d) "School year" means the period of time designated by a local school board or
5955 [
5956 minor is enrolled.
5957 (2) A local school board, school district, charter school governing board [
5958
5959 53G-8-211 on a school-age minor who violates this part.
5960 (3) (a) A local school board or charter school governing board [
5961 shall:
5962 (i) authorize a school administrator or a designee of a school administrator to issue
5963 notices of disruptive student behavior to qualifying minors; and
5964 (ii) establish a procedure for a qualifying minor, or a qualifying minor's parent, to
5965 contest a notice of disruptive student behavior.
5966 (b) A school representative shall provide to a parent of a school-age minor, a list of
5967 resources available to assist the parent in resolving the school-age minor's disruptive student
5968 behavior problem.
5969 (c) A local school board or charter school governing board [
5970 establish procedures for a school counselor or other designated school representative to work
5971 with a qualifying minor who engages in disruptive student behavior in order to attempt to
5972 resolve the minor's disruptive student behavior problems.
5973 (4) The notice of disruptive student behavior described in Subsection (3)(a):
5974 (a) shall be issued to a qualifying minor who:
5975 (i) engages in disruptive student behavior, that does not result in suspension or
5976 expulsion, three times during the school year; or
5977 (ii) engages in disruptive student behavior, that results in suspension or expulsion, once
5978 during the school year;
5979 (b) shall require that the qualifying minor and a parent of the qualifying minor:
5980 (i) meet with school authorities to discuss the qualifying minor's disruptive student
5981 behavior; and
5982 (ii) cooperate with the local school board or charter school governing board [
5983
5984 (c) shall be mailed by certified mail to, or served on, a parent of the qualifying minor.
5985 (5) A habitual disruptive student behavior notice:
5986 (a) may only be issued to a qualifying minor who:
5987 (i) engages in disruptive student behavior, that does not result in suspension or
5988 expulsion, at least six times during the school year;
5989 (ii) (A) engages in disruptive student behavior, that does not result in suspension or
5990 expulsion, at least three times during the school year; and
5991 (B) engages in disruptive student behavior, that results in suspension or expulsion, at
5992 least once during the school year; or
5993 (iii) engages in disruptive student behavior, that results in suspension or expulsion, at
5994 least twice during the school year; and
5995 (b) may only be issued by a school administrator, a designee of a school administrator,
5996 or a truancy specialist, who is authorized by a local school board or charter school governing
5997 board [
5998 (6) (a) A qualifying minor to whom a habitual disruptive student behavior notice is
5999 issued under Subsection (5) may not be referred to the juvenile court.
6000 (b) Within five days after the day on which a habitual disruptive student behavior
6001 notice is issued, a representative of the school district or charter school shall provide
6002 documentation, to a parent of the qualifying minor who receives the notice, of the efforts made
6003 by a school counselor or representative under Subsection (3)(c).
6004 Section 160. Section 53G-8-211 is amended to read:
6005 53G-8-211. Responses to school-based behavior.
6006 (1) As used in this section:
6007 (a) "Evidence-based" means a program or practice that has:
6008 (i) had multiple randomized control studies or a meta-analysis demonstrating that the
6009 program or practice is effective for a specific population;
6010 (ii) been rated as effective by a standardized program evaluation tool; or
6011 (iii) been approved by the [
6012 (b) "Mobile crisis outreach team" means the same as that term is defined in Section
6013 78A-6-105.
6014 (c) "Restorative justice program" means a school-based program or a program used or
6015 adopted by a local education agency that is designed to enhance school safety, reduce school
6016 suspensions, and limit referrals to court, and is designed to help minors take responsibility for
6017 and repair the harm of behavior that occurs in school.
6018 (d) "School administrator" means a principal of a school.
6019 (e) "School is in session" means a day during which the school conducts instruction for
6020 which student attendance is counted toward calculating average daily membership.
6021 (f) "School resource officer" means a law enforcement officer, as defined in Section
6022 53-13-103, who contracts with, is employed by, or whose law enforcement agency contracts
6023 with a local education agency to provide law enforcement services for the local education
6024 agency.
6025 (g) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
6026 clinic, or other event or activity that is authorized by a specific local education agency or public
6027 school, according to [
6028 following conditions:
6029 (A) the activity is managed or supervised by a local education agency or public school,
6030 or local education agency or public school employee;
6031 (B) the activity uses the local education agency or public school's facilities, equipment,
6032 or other school resources; or
6033 (C) the activity is supported or subsidized, more than inconsequentially, by public
6034 funds, including the public school's activity funds or [
6035 School Program dollars.
6036 (ii) "School-sponsored activity" includes preparation for and involvement in a public
6037 performance, contest, athletic competition, demonstration, display, or club activity.
6038 (h) (i) "Status offense" means a violation of the law that would not be a violation but
6039 for the age of the offender.
6040 (ii) Notwithstanding Subsection (1)(h)(i), a status offense does not include a violation
6041 that by statute is made a misdemeanor or felony.
6042 (2) This section applies to a minor enrolled in school who is alleged to have committed
6043 an offense at the school where the student is enrolled:
6044 (a) on school property where the student is enrolled:
6045 (i) when school is in session; or
6046 (ii) during a school-sponsored activity; or
6047 (b) that is truancy.
6048 (3) (a) If the alleged offense is a class C misdemeanor, an infraction, a status offense
6049 on school property, or truancy, the minor may not be referred to law enforcement or court but
6050 may be referred to evidence-based alternative interventions, including:
6051 (i) a mobile crisis outreach team, as defined in Section 78A-6-105;
6052 (ii) a receiving center operated by the Division of Juvenile Justice Services in
6053 accordance with Section 62A-7-104;
6054 (iii) a youth court or comparable restorative justice program;
6055 (iv) evidence-based interventions created and developed by the school or school
6056 district; and
6057 (v) other evidence-based interventions that may be jointly created and developed by a
6058 local education agency, the [
6059 counties and municipalities, the Department of Health, or the Department of Human Services.
6060 (b) Notwithstanding Subsection (3)(a), a school resource officer may:
6061 (i) investigate possible criminal offenses and conduct, including conducting probable
6062 cause searches;
6063 (ii) consult with school administration about the conduct of a minor enrolled in a
6064 school;
6065 (iii) transport a minor enrolled in a school to a location if the location is permitted by
6066 law;
6067 (iv) take temporary custody of a minor pursuant to Subsection 78A-6-112(1); or
6068 (v) protect the safety of students and the school community, including the use of
6069 reasonable and necessary physical force when appropriate based on the totality of the
6070 circumstances.
6071 (c) Notwithstanding other provisions of this section, a law enforcement officer who has
6072 cause to believe a minor has committed an offense on school property when school is not in
6073 session nor during a school-sponsored activity, the law enforcement officer may refer the minor
6074 to court or may refer the minor to evidence-based alternative interventions at the discretion of
6075 the law enforcement officer.
6076 (4) (a) Notwithstanding Subsection (3)(a) and subject to the requirements of this
6077 Subsection (4), a school district or school may refer a minor to court for a class C misdemeanor
6078 committed on school property or for being a habitual truant, as defined in Section 53G-6-201,
6079 if the minor refuses to participate in an evidence-based alternative intervention described in
6080 Subsection (3)(a).
6081 (b) (i) When a minor is referred to court under Subsection (4)(a), the school shall
6082 appoint a school representative to continue to engage with the minor and the minor's family
6083 through the court process.
6084 (ii) A school representative appointed under this Subsection (4)(b) may not be a school
6085 resource officer.
6086 (c) A school district or school shall include the following in its referral to the court:
6087 (i) attendance records for the minor;
6088 (ii) a report of evidence-based alternative interventions used by the school before
6089 referral, including outcomes;
6090 (iii) the name and contact information of the school representative assigned to actively
6091 participate in the court process with the minor and the minor's family; and
6092 (iv) any other information the school district or school considers relevant.
6093 (d) A minor referred to court under this Subsection (4), may not be ordered to or placed
6094 in secure detention, including for a contempt charge or violation of a valid court order under
6095 Section 78A-6-1101 when the underlying offense is a class C misdemeanor occurring on
6096 school property or habitual truancy.
6097 (e) If a minor is referred to court under this Subsection (4), the court may use, when
6098 available, the resources of the Division of Juvenile Justice Services or the Division of
6099 Substance Abuse and Mental Health to address the minor.
6100 (5) If the alleged offense is a class B misdemeanor or a class A misdemeanor, the
6101 minor may be referred directly to the juvenile court by the school administrator, the school
6102 administrator's designee, or a school resource officer, or the minor may be referred to the
6103 evidence-based alternative interventions in Subsection (3)(a).
6104 Section 161. Section 53G-8-212 is amended to read:
6105 53G-8-212. Defacing or damaging school property -- Student's liability -- Work
6106 program alternative.
6107 (1) A student who willfully defaces or otherwise damages any school property may be
6108 suspended or otherwise disciplined.
6109 (2) (a) If a school's property has been lost or willfully cut, defaced, or otherwise
6110 damaged, the school may withhold the issuance of an official written grade report, diploma, or
6111 transcript of the student responsible for the damage or loss until the student or the student's
6112 parent [
6113 (b) The student's parent [
6114 Section 78A-6-1113.
6115 (3) (a) If the student and the student's parent [
6116 damages or if it is determined by the school in consultation with the student's parent [
6117
6118 for the damages, the school shall provide for a program of work the student may complete in
6119 lieu of the payment.
6120 (b) The school shall release the official grades, diploma, and transcripts of the student
6121 upon completion of the work.
6122 (4) Before any penalties are assessed under this section, the school shall adopt
6123 procedures to ensure that the student's right to due process is protected.
6124 (5) No penalty may be assessed for damages which may be reasonably attributed to
6125 normal wear and tear.
6126 (6) If the Department of Human Services or a licensed child-placing agency has been
6127 granted custody of the student, the student's records, if requested by the department or agency,
6128 may not be withheld from the department or agency for nonpayment of damages under this
6129 section.
6130 Section 162. Section 53G-8-302 is amended to read:
6131 53G-8-302. Prohibition of corporal punishment -- Use of reasonable and
6132 necessary physical restraint.
6133 (1) A school employee may not inflict or cause the infliction of corporal punishment
6134 upon a student.
6135 (2) A school employee may use reasonable and necessary physical restraint in self
6136 defense or when otherwise appropriate to the circumstances to:
6137 (a) obtain possession of a weapon or other dangerous object in the possession or under
6138 the control of a student;
6139 (b) protect a student or another individual from physical injury;
6140 (c) remove from a situation a student who is violent; or
6141 (d) protect property from being damaged, when physical safety is at risk.
6142 (3) Nothing in this section prohibits a school employee from using less intrusive
6143 means, including a physical escort, to address circumstances described in Subsection (2).
6144 (4) (a) Any rule, ordinance, policy, practice, or directive which purports to direct or
6145 permit the commission of an act prohibited by this part is void and unenforceable.
6146 (b) An employee may not be subjected to any sanction for failure or refusal to commit
6147 an act prohibited under this part.
6148 (5) A parochial or private school that does not receive state funds to provide for the
6149 education of a student may exempt itself from the provisions of this section by adopting a
6150 policy to that effect and notifying the parents [
6151 exemption.
6152 (6) This section does not apply to a law enforcement officer as defined in Section
6153 53-13-103.
6154 Section 163. Section 53G-8-404 is amended to read:
6155 53G-8-404. State board to set procedures.
6156 The [
6157 dissemination of the information.
6158 Section 164. Section 53G-8-503 is amended to read:
6159 53G-8-503. Reporting procedure.
6160 (1) The principal of a public school affected by this chapter shall appoint one educator
6161 as the "designated educator" to make all reports required under Sections 53G-8-501 through
6162 53G-8-504.
6163 (2) The designated educator, upon receiving a report of a prohibited act from an
6164 educator under Section 53G-8-502, shall immediately report the violation to the student's
6165 parent [
6166 agency or official, in accordance with Section 53G-8-211.
6167 (3) The designated educator may not disclose to the student or to the student's parent
6168 [
6169 Section 165. Section 53G-8-509 is amended to read:
6170 53G-8-509. State board rules to ensure protection of individual rights.
6171 The [
6172 governing boards shall adopt rules or policies to implement Sections 53G-8-505 through
6173 53G-8-508. The rules or policies shall establish procedures to ensure protection of individual
6174 rights against excessive and unreasonable intrusion.
6175 Section 166. Section 53G-8-604 is amended to read:
6176 53G-8-604. Traffic ordinances on school property -- Enforcement.
6177 (1) A local political subdivision in which real property is located that belongs to, or is
6178 controlled by, the [
6179 governing board, an area vocational center, or the Utah Schools for the Deaf and the Blind
6180 may, at the request of the responsible board of education or institutional council, adopt
6181 ordinances for the control of vehicular traffic on that property.
6182 (2) A law enforcement officer whose jurisdiction includes the property in question may
6183 enforce an ordinance adopted under Subsection (1).
6184 Section 167. Section 53G-8-701 is amended to read:
6185 53G-8-701. Definitions.
6186 As used in this [
6187 [
6188 [
6189 [
6190 [
6191 [
6192 53-1-102.
6193 [
6194 [
6195 [
6196 [
6197 [
6198 defined in Section 53-13-103, who contracts with or whose law enforcement agency contracts
6199 with an LEA to provide law enforcement services for the LEA.
6200 Section 168. Section 53G-8-702 is amended to read:
6201 53G-8-702. School resource officer training -- Curriculum.
6202 (1) [
6203
6204 a training program for school principals and school resource officers to attend.
6205 (2) To create the curriculum and materials for the training program described in
6206 Subsection (1), the [
6207 (a) work in conjunction with the State Commission on Criminal and Juvenile Justice
6208 created in Section 63M-7-201;
6209 (b) solicit input from local school boards, charter school governing boards, and the
6210 Utah Schools for the Deaf and the Blind;
6211 (c) solicit input from local law enforcement and other interested community
6212 stakeholders; and
6213 (d) consider the current United States Department of Education recommendations on
6214 school discipline and the role of a school resource officer.
6215 (3) The training program described in Subsection (1) may include training on the
6216 following:
6217 (a) childhood and adolescent development;
6218 (b) responding age-appropriately to students;
6219 (c) working with disabled students;
6220 (d) techniques to de-escalate and resolve conflict;
6221 (e) cultural awareness;
6222 (f) restorative justice practices;
6223 (g) identifying a student exposed to violence or trauma and referring the student to
6224 appropriate resources;
6225 (h) student privacy rights;
6226 (i) negative consequences associated with youth involvement in the juvenile and
6227 criminal justice systems;
6228 (j) strategies to reduce juvenile justice involvement; and
6229 (k) roles of and distinctions between a school resource officer and other school staff
6230 who help keep a school secure.
6231 Section 169. Section 53G-8-703 is amended to read:
6232 53G-8-703. Contracts between an LEA and law enforcement for school resource
6233 officer services -- Requirements.
6234 (1) An LEA may contract with a law enforcement agency or an individual to provide
6235 school resource officer services at the LEA if the [
6236 board reviews and approves the contract.
6237 (2) If an LEA contracts with a law enforcement agency or an individual to provide
6238 SRO services at the LEA, the [
6239 in the contract:
6240 (a) an acknowledgment by the law enforcement agency or the individual that an SRO
6241 hired under the contract shall:
6242 (i) provide for and maintain a safe, healthy, and productive learning environment in a
6243 school;
6244 (ii) act as a positive role model to students;
6245 (iii) work to create a cooperative, proactive, and problem-solving partnership between
6246 law enforcement and the LEA;
6247 (iv) emphasize the use of restorative approaches to address negative behavior; and
6248 (v) at the request of the LEA, teach a vocational law enforcement class;
6249 (b) a description of the shared understanding of the LEA and the law enforcement
6250 agency or individual regarding the roles and responsibilities of law enforcement and the LEA
6251 to:
6252 (i) maintain safe schools;
6253 (ii) improve school climate; and
6254 (iii) support educational opportunities for students;
6255 (c) a designation of student offenses that the SRO shall confer with the LEA to resolve,
6256 including an offense that:
6257 (i) is a minor violation of the law; and
6258 (ii) would not violate the law if the offense was committed by an adult;
6259 (d) a designation of student offenses that are administrative issues that an SRO shall
6260 refer to a school administrator for resolution in accordance with Section 53G-8-211;
6261 (e) a detailed description of the rights of a student under state and federal law with
6262 regard to:
6263 (i) searches;
6264 (ii) questioning; and
6265 (iii) information privacy;
6266 (f) a detailed description of:
6267 (i) job duties;
6268 (ii) training requirements; and
6269 (iii) other expectations of the SRO and school administration in relation to law
6270 enforcement at the LEA;
6271 (g) that an SRO who is hired under the contract and the principal at the school where
6272 an SRO will be working, or the principal's designee, will jointly complete the SRO training
6273 described in Section 53G-8-702; and
6274 (h) if the contract is between an LEA and a law enforcement agency, that:
6275 (i) both parties agree to jointly discuss SRO applicants; and
6276 (ii) the law enforcement agency will accept feedback from an LEA about an SRO's
6277 performance.
6278 Section 170. Section 53G-9-203 is amended to read:
6279 53G-9-203. Definitions -- School personnel -- Medical recommendations --
6280 Exceptions -- Penalties.
6281 (1) As used in this section:
6282 (a) "Health care professional" means a physician, physician assistant, nurse, dentist, or
6283 mental health therapist.
6284 (b) "School personnel" means a school district or charter school employee, including a
6285 licensed, part-time, contract, or nonlicensed employee.
6286 (2) School personnel may:
6287 (a) provide information and observations to a student's parent [
6288 student, including observations and concerns in the following areas:
6289 (i) progress;
6290 (ii) health and wellness;
6291 (iii) social interactions;
6292 (iv) behavior; or
6293 (v) topics consistent with Subsection 53E-9-203(6);
6294 (b) communicate information and observations between school personnel regarding a
6295 child;
6296 (c) refer students to other appropriate school personnel and agents, consistent with
6297 local school board or charter school policy, including referrals and communication with a
6298 school counselor or other mental health professionals working within the school system;
6299 (d) consult or use appropriate health care professionals in the event of an emergency
6300 while the student is at school, consistent with the student emergency information provided at
6301 student enrollment;
6302 (e) exercise their authority relating to the placement within the school or readmission
6303 of a child who may be or has been suspended or expelled for a violation of Section 53G-8-205;
6304 and
6305 (f) complete a behavioral health evaluation form if requested by a student's parent [
6306
6307 (3) School personnel shall:
6308 (a) report suspected child abuse consistent with Section 62A-4a-403;
6309 (b) comply with applicable state and local health department laws, rules, and policies;
6310 and
6311 (c) conduct evaluations and assessments consistent with the Individuals with
6312 Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., and its subsequent amendments.
6313 (4) Except as provided in Subsection (2), Subsection (6), and Section 53G-9-604,
6314 school personnel may not:
6315 (a) recommend to a parent [
6316 psychotropic medication;
6317 (b) require that a student take or continue to take a psychotropic medication as a
6318 condition for attending school;
6319 (c) recommend that a parent [
6320 psychological treatment for a child;
6321 (d) conduct a psychiatric or behavioral health evaluation or mental health screening,
6322 test, evaluation, or assessment of a child, except where this Subsection (4)(d) conflicts with the
6323 Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., and its subsequent
6324 amendments; or
6325 (e) make a child abuse or neglect report to authorities, including the Division of Child
6326 and Family Services, solely or primarily on the basis that a parent [
6327 consent to:
6328 (i) a psychiatric, psychological, or behavioral treatment for a child, including the
6329 administration of a psychotropic medication to a child; or
6330 (ii) a psychiatric or behavioral health evaluation of a child.
6331 (5) Notwithstanding Subsection (4)(e), school personnel may make a report that would
6332 otherwise be prohibited under Subsection (4)(e) if failure to take the action described under
6333 Subsection (4)(e) would present a serious, imminent risk to the child's safety or the safety of
6334 others.
6335 (6) Notwithstanding Subsection (4), a school counselor or other mental health
6336 professional acting in accordance with Title 58, Chapter 60, Mental Health Professional
6337 Practice Act, or licensed through the [
6338 the school system may:
6339 (a) recommend, but not require, a psychiatric or behavioral health evaluation of a child;
6340 (b) recommend, but not require, psychiatric, psychological, or behavioral treatment for
6341 a child;
6342 (c) conduct a psychiatric or behavioral health evaluation or mental health screening,
6343 test, evaluation, or assessment of a child in accordance with Section 53E-9-203; and
6344 (d) provide to a parent [
6345
6346 physicians, psychologists, or other health specialists.
6347 (7) Local school boards or charter schools shall adopt a policy:
6348 (a) providing for training of appropriate school personnel on the provisions of this
6349 section; and
6350 (b) indicating that an intentional violation of this section is cause for disciplinary action
6351 consistent with local school board or charter school policy and under Section 53G-11-513.
6352 (8) Nothing in this section shall be interpreted as discouraging general communication
6353 not prohibited by this section between school personnel and a student's parent [
6354 Section 171. Section 53G-9-205 is amended to read:
6355 53G-9-205. School Breakfast Program -- Review of nonparticipants.
6356 (1) (a) Each local school board shall, at least once every three years, review each
6357 elementary school in its district that does not participate in the School Breakfast Program as to
6358 the school's reasons for nonparticipation.
6359 (b) (i) If the local school board determines that there are valid reasons for the school's
6360 nonparticipation, no further action is needed.
6361 (ii) Reasons for nonparticipation may include a recommendation from the school
6362 community council authorized under Section 53G-7-1202 or a similar group of parents and
6363 school employees that the school should not participate in the program.
6364 (2) (a) After two nonparticipation reviews, a local school board may, by majority vote,
6365 waive any further reviews of the nonparticipatory school.
6366 (b) A waiver of the review process under Subsection (2)(a) does not prohibit
6367 subsequent consideration by the local school board of an individual school's nonparticipation in
6368 the School Breakfast Program.
6369 (3) The requirements of this section shall be nullified by the termination of the
6370 entitlement status of the School Breakfast Program by the federal government.
6371 Section 172. Section 53G-9-206 is amended to read:
6372 53G-9-206. Eye protective devices for industrial education, physics laboratory,
6373 and chemistry laboratory activities.
6374 (1) Any individual who participates in any of the following activities in public or
6375 private schools that may endanger his vision shall wear quality eye protective devices:
6376 (a) industrial education activities that involve:
6377 (i) hot molten metals;
6378 (ii) the operation of equipment that could throw particles of foreign matter into the
6379 eyes;
6380 (iii) heat treating, tempering, or kiln firing of any industrial materials;
6381 (iv) gas or electric arc welding; or
6382 (v) caustic or explosive material;
6383 (b) chemistry or physics laboratories when using caustic or explosive chemicals, and
6384 hot liquids and solids.
6385 (2) "Quality eye protective devices" means devices that meet the standards of the
6386 American Safety Code for Head, Eye, and Respiratory Protection, Z2.1-1959, promulgated by
6387 the American Standards Association, Inc.
6388 (3) (a) The local school board shall furnish these protective devices to individuals
6389 involved in these activities.
6390 (b) The local school board may sell these protective devices at cost or rent or loan them
6391 to individuals involved in these activities.
6392 Section 173. Section 53G-9-207 is amended to read:
6393 53G-9-207. Child sexual abuse prevention.
6394 (1) As used in this section, "school personnel" means the same as that term is defined
6395 in Section 53G-9-203.
6396 (2) The [
6397 Department of Human Services, age-appropriate instructional materials for the training and
6398 instruction described in Subsections (3)(a) and (4).
6399 (3) (a) A school district or charter school shall provide, every other year, training and
6400 instruction on child sexual abuse prevention and awareness to:
6401 (i) school personnel in elementary and secondary schools on:
6402 (A) responding to a disclosure of child sexual abuse in a supportive, appropriate
6403 manner; and
6404 (B) the mandatory reporting requirements described in Sections 53E-6-701 and
6405 62A-4a-403; and
6406 (ii) parents [
6407 (A) recognizing warning signs of a child who is being sexually abused; and
6408 (B) effective, age-appropriate methods for discussing the topic of child sexual abuse
6409 with a child.
6410 (b) A school district or charter school shall use the instructional materials approved by
6411 the [
6412 instruction to school personnel and parents [
6413 (4) (a) In accordance with Subsections (4)(b) and (5), a school district or charter school
6414 may provide instruction on child sexual abuse prevention and awareness to elementary school
6415 students using age-appropriate curriculum.
6416 (b) A school district or charter school that provides the instruction described in
6417 Subsection (4)(a) shall use the instructional materials approved by the state board under
6418 Subsection (2) to provide the instruction.
6419 (5) (a) An elementary school student may not be given the instruction described in
6420 Subsection (4) unless the parent [
6421 (i) notified in advance of the:
6422 (A) instruction and the content of the instruction; and
6423 (B) [
6424 instruction;
6425 (ii) given an opportunity to review the instructional materials before the instruction
6426 occurs; and
6427 (iii) allowed to be present when the instruction is delivered.
6428 (b) Upon the written request of the parent [
6429 student, the student shall be excused from the instruction described in Subsection (4).
6430 (c) Participation of a student requires compliance with Sections 53E-9-202 and
6431 53E-9-203.
6432 (6) A school district or charter school may determine the mode of delivery for the
6433 training and instruction described in Subsections (3) and (4).
6434 (7) Upon request of the [
6435 charter school shall provide evidence of compliance with this section.
6436 Section 174. Section 53G-9-208 is amended to read:
6437 53G-9-208. Sunscreen -- Possession -- Administration -- Immunity.
6438 (1) As used in this section, "sunscreen" means a compound topically applied to prevent
6439 sunburn.
6440 (2) A public school shall permit a student, without a parent or physician's
6441 authorization, to possess or self-apply sunscreen that is regulated by the Food and Drug
6442 Administration.
6443 (3) If a student is unable to self-apply sunscreen, a volunteer school employee may
6444 apply the sunscreen on the student if the student's parent [
6445 consent for the assistance.
6446 (4) A volunteer school employee who applies sunscreen on a student in compliance
6447 with Subsection (3) and the volunteer school employee's employer are not liable for:
6448 (a) an adverse reaction suffered by the student as a result of having the sunscreen
6449 applied; or
6450 (b) discontinuing the application of the sunscreen at any time.
6451 Section 175. Section 53G-9-301 is amended to read:
6452 53G-9-301. Definitions.
6453 As used in this part:
6454 (1) "Department" means the Department of Health, created in Section 26-1-4.
6455 (2) "Health official" means an individual designated by a local health department from
6456 within the local health department to consult and counsel parents and licensed health care
6457 providers, in accordance with Subsection 53G-9-304(2)(a).
6458 (3) "Health official designee" means a licensed health care provider designated by a
6459 local health department, in accordance with Subsection 53G-9-304(2)(b), to consult with
6460 parents, licensed health care professionals, and school officials.
6461 (4) "Immunization" or "immunize" means a process through which an individual
6462 develops an immunity to a disease, through vaccination or natural exposure to the disease.
6463 (5) "Immunization record" means a record relating to a student that includes:
6464 (a) information regarding each required vaccination that the student has received,
6465 including the date each vaccine was administered, verified by:
6466 (i) a licensed health care provider;
6467 (ii) an authorized representative of a local health department;
6468 (iii) an authorized representative of the department;
6469 (iv) a registered nurse; or
6470 (v) a pharmacist;
6471 (b) information regarding each disease against which the student has been immunized
6472 by previously contracting the disease; and
6473 (c) an exemption form identifying each required vaccination from which the student is
6474 exempt, including all required supporting documentation described in Section 53G-9-303.
6475 (6) "Legally responsible individual" means:
6476 (a) a student's parent;
6477 (b) the student's legal guardian;
6478 (c) an adult brother or sister of a student who has no legal guardian; or
6479 (d) the student, if the student:
6480 (i) is an adult; or
6481 (ii) is a minor who may consent to treatment under Section 26-10-9.
6482 (7) "Licensed health care provider" means a health care provider who is licensed under
6483 Title 58, Occupations and Professions, as:
6484 (a) a medical doctor;
6485 (b) an osteopathic doctor;
6486 (c) a physician assistant; or
6487 (d) an advanced practice registered nurse.
6488 [
6489 [
6490 [
6491 [
6492 [
6493 26A-1-102.
6494 [
6495 in Section 53G-9-305.
6496 [
6497 (a) elementary or secondary school through grade 12;
6498 (b) preschool;
6499 (c) child care program, as that term is defined in Section 26-39-102;
6500 (d) nursery school; or
6501 (e) kindergarten.
6502 [
6503 [
6504 [
6505 53G-9-304, that documents and verifies that a student is exempt from the requirement to
6506 receive one or more required vaccines.
6507 [
6508 and Drug Administration that is injected into or otherwise administered to an individual to
6509 immunize the individual against a communicable disease.
6510 Section 176. Section 53G-9-402 is amended to read:
6511 53G-9-402. Rules for examinations prescribed by Department of Health --
6512 Notification of impairment.
6513 (1) (a) Each local school board shall implement [
6514 Department of Health for vision, dental, abnormal spinal curvature, and hearing examinations
6515 of students attending the district's schools.
6516 (b) Under guidelines of the Department of Health, qualified health professionals shall
6517 provide instructions, equipment, and materials for conducting the examinations.
6518 (c) The [
6519 [
6520 (2) The school shall notify, in writing, a student's parent [
6521 impairment disclosed by the examinations.
6522 Section 177. Section 53G-9-404 is amended to read:
6523 53G-9-404. Vision screening.
6524 (1) As used in this section:
6525 (a) "Office" means the Utah State Office of Rehabilitation created in Section
6526 35A-1-202.
6527 (b) "Qualifying child" means a child who is at least 3-1/2 years old, but is less than
6528 nine years old.
6529 (2) A child under nine years old entering school for the first time in this state must
6530 present the following to the school:
6531 (a) a certificate signed by a licensed physician, optometrist, or other licensed health
6532 professional approved by the office, stating that the child has received vision screening to
6533 determine the presence of amblyopia or other visual defects; or
6534 (b) a written statement signed by at least one parent [
6535 the screening violates the personal beliefs of the parent [
6536 (3) (a) The office:
6537 (i) shall provide vision screening report forms to a person approved by the office to
6538 conduct a free vision screening for a qualifying child;
6539 (ii) may work with health care professionals, teachers, and vision screeners to develop
6540 protocols that may be used by a parent, teacher, or vision screener to help identify a child who
6541 may have conditions that are not detected in a vision screening, such as problems with eye
6542 focusing, eye tracking, visual perceptual skills, visual motor integration, and convergence
6543 insufficiency; and
6544 (iii) shall, once protocols are established under Subsection (3)(a)(ii), develop language
6545 regarding the vision problems identified in Subsection (3)(a)(ii) to be included in the notice
6546 required by Subsection (3)(b).
6547 (b) The report forms shall include the following information for a parent [
6548 "vision screening is not a substitute for a complete eye exam and vision evaluation by an eye
6549 doctor."
6550 (4) A school district or charter school may conduct free vision screening clinics for a
6551 qualifying child.
6552 (5) (a) The office shall maintain a central register of qualifying children who fail vision
6553 screening and who are referred for follow-up treatment.
6554 (b) The register described in Subsection (5)(a) shall include the name of the child, age
6555 or birthdate, address, cause for referral, and follow-up results.
6556 (c) A school district or charter school shall report to the office referral follow-up results
6557 for a qualifying child.
6558 (6) (a) A school district or charter school shall ensure that a volunteer who serves as a
6559 vision screener for a free vision screening clinic for a qualifying child:
6560 (i) is a school nurse;
6561 (ii) holds a certificate issued by the office under Subsection (6)(b)(ii); or
6562 (iii) is directly supervised by an individual described in Subsection (6)(a)(i) or (ii).
6563 (b) The office shall:
6564 (i) provide vision screening training to a volunteer seeking a certificate described in
6565 Subsection (6)(b)(ii), using curriculum established by the office; and
6566 (ii) issue a certificate to a volunteer who successfully completes the vision screening
6567 training described in Subsection (6)(b)(i).
6568 (c) An individual described in Subsection (6)(a) is not liable for damages that result
6569 from acts or omissions related to the vision screening, unless the acts or omissions are willful
6570 or grossly negligent.
6571 (7) (a) Except as provided in Subsection (7)(b), a licensed health professional
6572 providing vision care to private patients may not participate as a screener in a free vision
6573 screening program provided by a school district.
6574 (b) A school district or charter school may:
6575 (i) allow a licensed health professional who provides vision care to private patients to
6576 participate as a screener in a free vision screening program for a child 3-1/2 years old or older;
6577 (ii) establish guidelines to administer a free vision screening program described in
6578 Subsection (7)(b)(i); and
6579 (iii) establish penalties for a violation of the requirements of Subsection (7)(c).
6580 (c) A licensed health professional or other person who participates as a screener in a
6581 free vision screening program described in Subsection (7)(b):
6582 (i) may not market, advertise, or promote the licensed health professional's business in
6583 connection with providing the free screening at the school; and
6584 (ii) shall provide the child's results of the free vision screening on a form produced by
6585 the school or school district, which:
6586 (A) may not include contact information other than the name of the licensed health
6587 professional; and
6588 (B) shall include a statement: "vision screening is not a substitute for a complete eye
6589 exam and vision evaluation by an eye doctor."
6590 (d) A school district or charter school may provide information to a parent [
6591
6592 (8) The Department of Health shall:
6593 (a) by rule, set standards and procedures for vision screening required by this part,
6594 which shall include a process for notifying the parent [
6595 screening or is identified as needing follow-up care; and
6596 (b) provide the office with copies of rules, standards, instructions, and test charts
6597 necessary for conducting vision screening.
6598 (9) The office shall supervise screening, referral, and follow-up required by this part.
6599 Section 178. Section 53G-9-502 is amended to read:
6600 53G-9-502. Administration of medication to students -- Prerequisites -- Immunity
6601 from liability -- Applicability.
6602 (1) A public or private school that holds any classes in grades kindergarten through 12
6603 may provide for the administration of medication to any student during periods when the
6604 student is under the control of the school, subject to the following conditions:
6605 (a) the local school board, charter school governing board, or the private equivalent,
6606 after consultation with the Department of Health and school nurses shall adopt policies that
6607 provide for:
6608 (i) the designation of volunteer employees who may administer medication;
6609 (ii) proper identification and safekeeping of medication;
6610 (iii) the training of designated volunteer employees by the school nurse;
6611 (iv) maintenance of records of administration; and
6612 (v) notification to the school nurse of medication that will be administered to students;
6613 and
6614 (b) medication may only be administered to a student if:
6615 (i) the student's parent [
6616 request that medication be administered during regular school hours to the student; and
6617 (ii) the student's licensed health care provider has prescribed the medication and
6618 provides documentation as to the method, amount, and time schedule for administration, and a
6619 statement that administration of medication by school employees during periods when the
6620 student is under the control of the school is medically necessary.
6621 (2) Authorization for administration of medication by school personnel may be
6622 withdrawn by the school at any time following actual notice to the student's parent [
6623
6624 (3) School personnel who provide assistance under Subsection (1) in substantial
6625 compliance with the licensed health care provider's written prescription and the employers of
6626 these school personnel are not liable, civilly or criminally, for:
6627 (a) any adverse reaction suffered by the student as a result of taking the medication;
6628 and
6629 (b) discontinuing the administration of the medication under Subsection (2).
6630 (4) Subsections (1) through (3) do not apply to:
6631 (a) the administration of glucagon in accordance with Section 53G-9-504;
6632 (b) the administration of a seizure rescue medication in accordance with Section
6633 53G-9-505; or
6634 (c) the administration of an opiate antagonist in accordance with Title 26, Chapter 55,
6635 Opiate Overdose Response Act.
6636 Section 179. Section 53G-9-503 is amended to read:
6637 53G-9-503. Self-administration of asthma medication.
6638 (1) As used in this section, "asthma medication" means prescription or nonprescription,
6639 inhaled asthma medication.
6640 (2) A public school shall permit a student to possess and self-administer asthma
6641 medication if:
6642 (a) the student's parent [
6643 (i) authorizing the student to self-administer asthma medication; and
6644 (ii) acknowledging that the student is responsible for, and capable of,
6645 self-administering the asthma medication; and
6646 (b) the student's health care provider provides a written statement that states:
6647 (i) it is medically appropriate for the student to self-administer asthma medication and
6648 be in possession of asthma medication at all times; and
6649 (ii) the name of the asthma medication prescribed or authorized for the student's use.
6650 (3) The Utah Department of Health, in cooperation with the state superintendent [
6651
6652 care provider statements described in Subsection (2).
6653 (4) Section 53G-8-205 does not apply to the possession and self-administration of
6654 asthma medication in accordance with this section.
6655 Section 180. Section 53G-9-504 is amended to read:
6656 53G-9-504. Administration of glucagon -- Training of volunteer school personnel
6657 -- Authority to use glucagon -- Immunity from liability.
6658 (1) As used in this section, "glucagon authorization" means a signed statement from a
6659 parent [
6660 (a) certifying that glucagon has been prescribed for the student;
6661 (b) requesting that the student's public school identify and train school personnel who
6662 volunteer to be trained in the administration of glucagon in accordance with this section; and
6663 (c) authorizing the administration of glucagon in an emergency to the student in
6664 accordance with this section.
6665 (2) (a) A public school shall, within a reasonable time after receiving a glucagon
6666 authorization, train two or more school personnel who volunteer to be trained in the
6667 administration of glucagon, with training provided by the school nurse or another qualified,
6668 licensed medical professional.
6669 (b) A public school shall allow all willing school personnel to receive training in the
6670 administration of glucagon, and the school shall assist and may not obstruct the identification
6671 or training of volunteers under this Subsection (2).
6672 (c) The Utah Department of Health, in cooperation with the state superintendent [
6673
6674 accordance with this section.
6675 (3) (a) Training in the administration of glucagon shall include:
6676 (i) techniques for recognizing the symptoms that warrant the administration of
6677 glucagon;
6678 (ii) standards and procedures for the storage and use of glucagon;
6679 (iii) other emergency procedures, including calling the emergency 911 number and
6680 contacting, if possible, the student's parent [
6681 (iv) written materials covering the information required under this Subsection (3).
6682 (b) A school shall retain for reference the written materials prepared in accordance with
6683 Subsection (3)(a)(iv).
6684 (4) A public school shall permit a student or school personnel to possess or store
6685 prescribed glucagon so that it will be available for administration in an emergency in
6686 accordance with this section.
6687 (5) (a) A person who has received training in accordance with this section may
6688 administer glucagon at a school or school activity to a student with a glucagon authorization if:
6689 (i) the student is exhibiting the symptoms that warrant the administration of glucagon;
6690 and
6691 (ii) a licensed health care professional is not immediately available.
6692 (b) A person who administers glucagon in accordance with Subsection (5)(a) shall
6693 direct a responsible person to call 911 and take other appropriate actions in accordance with the
6694 training materials retained under Subsection (3)(b).
6695 (6) School personnel who provide or receive training under this section and act in good
6696 faith are not liable in any civil or criminal action for any act taken or not taken under the
6697 authority of this section with respect to the administration of glucagon.
6698 (7) Section 53G-9-502 does not apply to the administration of glucagon in accordance
6699 with this section.
6700 (8) Section 53G-8-205 does not apply to the possession and administration of glucagon
6701 in accordance with this section.
6702 (9) The unlawful or unprofessional conduct provisions of Title 58, Occupations and
6703 Professions, do not apply to a person licensed as a health professional under Title 58,
6704 Occupations and Professions, including a nurse, physician, or pharmacist who, in good faith,
6705 trains nonlicensed volunteers to administer glucagon in accordance with this section.
6706 Section 181. Section 53G-9-505 is amended to read:
6707 53G-9-505. Trained school employee volunteers -- Administration of seizure
6708 rescue medication -- Exemptions from liability.
6709 (1) As used in this section:
6710 (a) "Prescribing health care professional" means:
6711 (i) a physician and surgeon licensed under Title 58, Chapter 67, Utah Medical Practice
6712 Act;
6713 (ii) an osteopathic physician and surgeon licensed under Title 58, Chapter 68, Utah
6714 Osteopathic Medical Practice Act;
6715 (iii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
6716 Practice Act; or
6717 (iv) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
6718 [
6719
6720
6721 [
6722 plan that:
6723 (i) certifies that:
6724 (A) a prescribing health care professional has prescribed a seizure rescue medication
6725 for the student;
6726 (B) the student's parent [
6727 seizure rescue medication in a nonmedically-supervised setting without a complication; and
6728 (C) the student has previously ceased having full body prolonged or convulsive seizure
6729 activity as a result of receiving the seizure rescue medication;
6730 (ii) describes the specific seizure rescue medication authorized for the student,
6731 including the indicated dose, and instructions for administration;
6732 (iii) requests that the student's public school identify and train school employees who
6733 are willing to volunteer to receive training to administer a seizure rescue medication in
6734 accordance with this section; and
6735 (iv) authorizes a trained school employee volunteer to administer a seizure rescue
6736 medication in accordance with this section.
6737 [
6738 prescribing health care professional, to be administered as described in a student's seizure
6739 rescue authorization, while the student experiences seizure activity.
6740 (ii) A seizure rescue medication does not include a medication administered
6741 intravenously or intramuscularly.
6742 [
6743 (i) is an employee of a public school where at least one student has a seizure rescue
6744 authorization;
6745 (ii) is at least 18 years old; and
6746 (iii) as described in this section:
6747 (A) volunteers to receive training in the administration of a seizure rescue medication;
6748 (B) completes a training program described in this section;
6749 (C) demonstrates competency on an assessment; and
6750 (D) completes annual refresher training each year that the individual intends to remain
6751 a trained school employee volunteer.
6752 (2) (a) The Department of Health shall, with input from the [
6753 state board and a children's hospital, develop a training program for trained school employee
6754 volunteers in the administration of seizure rescue medications that includes:
6755 (i) techniques to recognize symptoms that warrant the administration of a seizure
6756 rescue medication;
6757 (ii) standards and procedures for the storage of a seizure rescue medication;
6758 (iii) procedures, in addition to administering a seizure rescue medication, in the event
6759 that a student requires administration of the seizure rescue medication, including:
6760 (A) calling 911; and
6761 (B) contacting the student's parent [
6762 (iv) an assessment to determine if an individual is competent to administer a seizure
6763 rescue medication;
6764 (v) an annual refresher training component; and
6765 (vi) written materials describing the information required under this Subsection (2)(a).
6766 (b) A public school shall retain for reference the written materials described in
6767 Subsection (2)(a)(vi).
6768 (c) The following individuals may provide the training described in Subsection (2)(a):
6769 (i) a school nurse; or
6770 (ii) a licensed heath care professional.
6771 (3) (a) A public school shall, after receiving a seizure rescue authorization:
6772 (i) inform school employees of the opportunity to be a school employee volunteer; and
6773 (ii) subject to Subsection (3)(b)(ii), provide training, to each school employee who
6774 volunteers, using the training program described in Subsection (2)(a).
6775 (b) A public school may not:
6776 (i) obstruct the identification or training of a trained school employee volunteer; or
6777 (ii) compel a school employee to become a trained school employee volunteer.
6778 (4) A trained school employee volunteer may possess or store a prescribed rescue
6779 seizure medication, in accordance with this section.
6780 (5) A trained school employee volunteer may administer a seizure rescue medication to
6781 a student with a seizure rescue authorization if:
6782 (a) the student is exhibiting a symptom, described on the student's seizure rescue
6783 authorization, that warrants the administration of a seizure rescue medication; and
6784 (b) a licensed health care professional is not immediately available to administer the
6785 seizure rescue medication.
6786 (6) A trained school employee volunteer who administers a seizure rescue medication
6787 shall direct an individual to call 911 and take other appropriate actions in accordance with the
6788 training described in Subsection (2).
6789 (7) A trained school employee volunteer who administers a seizure rescue medication
6790 in accordance with this section in good faith is not liable in a civil or criminal action for an act
6791 taken or not taken under this section.
6792 (8) Section 53G-9-502 does not apply to the administration of a seizure rescue
6793 medication.
6794 (9) Section 53G-8-205 does not apply to the possession of a seizure rescue medication
6795 in accordance with this section.
6796 (10) (a) The unlawful or unprofessional conduct provisions of Title 58, Occupations
6797 and Professions, do not apply to a person licensed as a health care professional under Title 58,
6798 Occupations and Professions, including a nurse, physician, or pharmacist for, in good faith,
6799 training a nonlicensed school employee who volunteers to administer a seizure rescue
6800 medication in accordance with this section.
6801 (b) Allowing a trained school employee volunteer to administer a seizure rescue
6802 medication in accordance with this section does not constitute unlawful or inappropriate
6803 delegation under Title 58, Occupations and Professions.
6804 Section 182. Section 53G-9-506 is amended to read:
6805 53G-9-506. Diabetes medication -- Possession -- Self-administration.
6806 (1) As used in this section, "diabetes medication" means prescription or
6807 nonprescription medication used to treat diabetes, including related medical devices, supplies,
6808 and equipment used to treat diabetes.
6809 (2) A public school shall permit a student to possess or possess and self-administer
6810 diabetes medication if:
6811 (a) the student's parent [
6812 (i) authorizing the student to possess or possess and self-administer diabetes
6813 medication; and
6814 (ii) acknowledging that the student is responsible for, and capable of, possessing or
6815 possessing and self-administering the diabetes medication; and
6816 (b) the student's health care provider provides a written statement that states:
6817 (i) it is medically appropriate for the student to possess or possess and self-administer
6818 diabetes medication and the student should be in possession of diabetes medication at all times;
6819 and
6820 (ii) the name of the diabetes medication prescribed or authorized for the student's use.
6821 (3) The Utah Department of Health, in cooperation with the state superintendent [
6822
6823 care provider statements described in Subsection (2).
6824 (4) Section 53G-8-205 does not apply to the possession and self-administration of
6825 diabetes medication in accordance with this section.
6826 Section 183. Section 53G-9-601 is amended to read:
6827 53G-9-601. Definitions.
6828 As used in this part:
6829 (1) (a) "Abusive conduct" means verbal, nonverbal, or physical conduct of a parent or
6830 student directed toward a school employee that, based on its severity, nature, and frequency of
6831 occurrence, a reasonable person would determine is intended to cause intimidation,
6832 humiliation, or unwarranted distress.
6833 (b) A single act does not constitute abusive conduct.
6834 (2) "Bullying" means a school employee or student intentionally committing a written,
6835 verbal, or physical act against a school employee or student that a reasonable person under the
6836 circumstances should know or reasonably foresee will have the effect of:
6837 (a) causing physical or emotional harm to the school employee or student;
6838 (b) causing damage to the school employee's or student's property;
6839 (c) placing the school employee or student in reasonable fear of:
6840 (i) harm to the school employee's or student's physical or emotional well-being; or
6841 (ii) damage to the school employee's or student's property;
6842 (d) creating a hostile, threatening, humiliating, or abusive educational environment due
6843 to:
6844 (i) the pervasiveness, persistence, or severity of the actions; or
6845 (ii) a power differential between the bully and the target; or
6846 (e) substantially interfering with a student having a safe school environment that is
6847 necessary to facilitate educational performance, opportunities, or benefits.
6848 (3) "Communication" means the conveyance of a message, whether verbal, written, or
6849 electronic.
6850 (4) "Cyber-bullying" means using the Internet, a cell phone, or another device to send
6851 or post text, video, or an image with the intent or knowledge, or with reckless disregard, that
6852 the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether
6853 the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the
6854 electronic communication.
6855 (5) (a) "Hazing" means a school employee or student intentionally, knowingly, or
6856 recklessly committing an act or causing another individual to commit an act toward a school
6857 employee or student that:
6858 (i) (A) endangers the mental or physical health or safety of a school employee or
6859 student;
6860 (B) involves any brutality of a physical nature, including whipping, beating, branding,
6861 calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or
6862 exposure to the elements;
6863 (C) involves consumption of any food, alcoholic product, drug, or other substance or
6864 other physical activity that endangers the mental or physical health and safety of a school
6865 employee or student; or
6866 (D) involves any activity that would subject a school employee or student to extreme
6867 mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that
6868 subjects a school employee or student to extreme embarrassment, shame, or humiliation; and
6869 (ii) (A) is committed for the purpose of initiation into, admission into, affiliation with,
6870 holding office in, or as a condition for membership in a school or school sponsored team,
6871 organization, program, club, or event; or
6872 (B) is directed toward a school employee or student whom the individual who commits
6873 the act knows, at the time the act is committed, is a member of, or candidate for membership
6874 in, a school or school sponsored team, organization, program, club, or event in which the
6875 individual who commits the act also participates.
6876 (b) The conduct described in Subsection (5)(a) constitutes hazing, regardless of
6877 whether the school employee or student against whom the conduct is committed directed,
6878 consented to, or acquiesced in, the conduct.
6879 (6) "LEA governing board" means a local school board or charter school governing
6880 board.
6881 [
6882 Section 53G-9-605.
6883 [
6884 (a) as retribution against a person for reporting bullying or hazing; or
6885 (b) to improperly influence the investigation of, or the response to, a report of bullying
6886 or hazing.
6887 [
6888 school.
6889 [
6890 [
6891 [
6892 (10) "School employee" means an individual working in the individual's official
6893 capacity as:
6894 (a) a school teacher;
6895 (b) a school staff member;
6896 (c) a school administrator; or
6897 (d) an individual:
6898 (i) who is employed, directly or indirectly, by a school, [
6899 governing board, or a school district; and
6900 (ii) who works on a school campus.
6901 Section 184. Section 53G-9-604 is amended to read:
6902 53G-9-604. Parental notification of certain incidents and threats required.
6903 [
6904 [
6905 (a) notify a parent if the parent's student threatens to commit suicide; or
6906 (b) notify the parents of each student involved in an incident of bullying,
6907 cyber-bullying, hazing, abusive conduct, or retaliation of the incident involving each parent's
6908 student.
6909 [
6910 under Subsection [
6911 parent was notified of the incident or threat.
6912 (b) A school shall maintain a record described in Subsection [
6913 with the requirements of:
6914 (i) Title 53E, Chapter 9, Part 2, Student Privacy;
6915 (ii) Title 53E, Chapter 9, Part 3, Student Data Protection;
6916 (iii) the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g; and
6917 (iv) 34 C.F.R. Part 99.
6918 [
6919 regarding the process for:
6920 (a) notifying a parent as required in Subsection [
6921 (b) producing and retaining a record that verifies that a parent was notified of an
6922 incident or threat as required in Subsection [
6923 [
6924 recommendations related to an incident or threat described in Subsection [
6925 [
6926 (a) provide a student a copy of a record maintained in accordance with this section that
6927 relates to the student if the student requests a copy of the record; and
6928 (b) expunge a record maintained in accordance with this section that relates to a
6929 student if the student:
6930 (i) has graduated from high school; and
6931 (ii) requests the record be expunged.
6932 Section 185. Section 53G-9-605 is amended to read:
6933 53G-9-605. Bullying, cyber-bullying, hazing, abusive conduct, and retaliation
6934 policy.
6935 (1) On or before September 1, 2018, [
6936 the [
6937 include abusive conduct.
6938 (2) A policy shall:
6939 (a) be developed only with input from:
6940 (i) students;
6941 (ii) parents;
6942 (iii) teachers;
6943 (iv) school administrators;
6944 (v) school staff; or
6945 (vi) local law enforcement agencies; and
6946 (b) provide protection to a student, regardless of the student's legal status.
6947 (3) A policy shall include the following components:
6948 (a) definitions of bullying, cyber-bullying, hazing, and abusive conduct that are
6949 consistent with this part;
6950 (b) language prohibiting bullying, cyber-bullying, hazing, and abusive conduct;
6951 (c) language prohibiting retaliation against an individual who reports conduct that is
6952 prohibited under this part;
6953 (d) language prohibiting making a false report of bullying, cyber-bullying, hazing,
6954 abusive conduct, or retaliation;
6955 (e) as required in Section 53G-9-604, parental notification of:
6956 (i) a student's threat to commit suicide; and
6957 (ii) an incident of bullying, cyber-bullying, hazing, abusive conduct, or retaliation,
6958 involving the parent's student;
6959 (f) a grievance process for a school employee who has experienced abusive conduct;
6960 (g) an action plan to address a reported incident of bullying, cyber-bullying, hazing, or
6961 retaliation; and
6962 (h) a requirement for a signed statement annually, indicating that the individual signing
6963 the statement has received the [
6964 (i) school employee;
6965 (ii) student who is at least eight years old; and
6966 (iii) parent [
6967 (4) A copy of a policy shall be:
6968 (a) included in student conduct handbooks;
6969 (b) included in employee handbooks; and
6970 (c) provided to a parent [
6971 school district[
6972 [
6973 (5) A policy may not permit formal disciplinary action that is based solely on an
6974 anonymous report of bullying, cyber-bullying, hazing, abusive conduct, or retaliation.
6975 (6) Nothing in this part is intended to infringe upon the right of a school employee,
6976 parent, or student to exercise the right of free speech.
6977 Section 186. Section 53G-9-606 is amended to read:
6978 53G-9-606. Model policy and state board duties.
6979 (1) On or before September 1, 2018, the [
6980 (a) update the [
6981 cyber-bullying, hazing, and retaliation to include abusive conduct; and
6982 (b) post the model policy described in Subsection (1)(a) on the [
6983
6984 (2) The [
6985 governing board to report annually to the [
6986 (a) the [
6987 statement requirement described in Subsection 53G-9-605(3)[
6988 (b) the [
6989 bullying, cyber-bullying, hazing, and retaliation described in Section 53G-9-607; and
6990 (c) other information related to this part, as determined by the [
6991
6992 Section 187. Section 53G-9-607 is amended to read:
6993 53G-9-607. Training, education, and prevention -- Standards.
6994 (1) (a) [
6995 employee training regarding bullying, cyber-bullying, hazing, abusive conduct, and retaliation
6996 that meets the standards described in Subsection (4).
6997 (b) [
6998 students regarding abusive conduct.
6999 (2) To the extent that state or federal funding is available for this purpose, [
7000 LEA governing boards are encouraged to implement programs or initiatives, in addition to the
7001 training described in Subsection (1), to provide for training and education regarding, and the
7002 prevention of, bullying, hazing, abusive conduct, and retaliation.
7003 (3) The programs or initiatives described in Subsection (2) may involve:
7004 (a) the establishment of a bullying task force; or
7005 (b) the involvement of school employees, students, or law enforcement.
7006 (4) [
7007
7008 quality training related to bullying, cyber-bullying, hazing, abusive conduct, and retaliation.
7009 Section 188. Section 53G-9-702 is amended to read:
7010 53G-9-702. Youth suicide prevention programs required in secondary schools --
7011 State board to develop model programs -- Reporting requirements.
7012 (1) As used in the section:
7013 [
7014 [
7015 [
7016 death to prevent or contain contagion.
7017 [
7018 (2).
7019 [
7020 designated by the state board as described in Subsection (3).
7021 [
7022 (i) means grades 7 through 12; and
7023 (ii) if a middle or junior high school includes grade 6, includes grade 6.
7024 [
7025 coordinator described in Section 62A-15-1101.
7026 (2) In collaboration with the public education suicide prevention coordinator, a school
7027 district or charter school, in the secondary grades of the school district or charter school, shall
7028 implement a youth suicide prevention program, which, in collaboration with the training,
7029 programs, and initiatives described in Section 53G-9-607, shall include programs and training
7030 to address:
7031 (a) bullying and cyberbullying, as those terms are defined in Section 53G-9-601;
7032 (b) prevention of youth suicide;
7033 (c) youth suicide intervention;
7034 (d) postvention for family, students, and faculty;
7035 (e) underage drinking of alcohol;
7036 (f) methods of strengthening the family; and
7037 (g) methods of strengthening a youth's relationships in the school and community.
7038 (3) The state board shall:
7039 (a) designate a public education suicide prevention coordinator; and
7040 (b) in collaboration with the Department of Heath and the state suicide prevention
7041 coordinator, develop model programs to provide to school districts and charter schools:
7042 (i) program training; and
7043 (ii) resources regarding the required components described in Subsection (2)(b).
7044 (4) The public education suicide prevention coordinator shall:
7045 (a) oversee the youth suicide prevention programs of school districts and charter
7046 schools;
7047 (b) coordinate prevention and postvention programs, services, and efforts with the state
7048 suicide prevention coordinator; and
7049 (c) award grants in accordance with Section 53F-5-206.
7050 (5) A public school suicide prevention program may allow school personnel to ask a
7051 student questions related to youth suicide prevention, intervention, or postvention.
7052 (6) (a) Subject to legislative appropriation, the state board may distribute money to a
7053 school district or charter school to be used to implement evidence-based practices and
7054 programs, or emerging best practices and programs, for preventing suicide in the school district
7055 or charter school.
7056 (b) The state board shall distribute money under Subsection (6)(a) so that each school
7057 that enrolls students in grade 7 or a higher grade receives an allocation of at least $1,000.
7058 (c) (i) A school shall use money allocated to the school under Subsection (6)(b) to
7059 implement evidence-based practices and programs, or emerging best practices and programs,
7060 for preventing suicide.
7061 (ii) Each school may select the evidence-based practices and programs, or emerging
7062 best practices and programs, for preventing suicide that the school implements.
7063 (7) (a) The state board shall provide a written report, and shall orally report to the
7064 Legislature's Education Interim Committee, by the October 2015 meeting, jointly with the
7065 public education suicide prevention coordinator and the state suicide prevention coordinator,
7066 on:
7067 (i) the progress of school district and charter school youth suicide prevention programs,
7068 including rates of participation by school districts, charter schools, and students;
7069 (ii) the state board's coordination efforts with the Department of Health and the state
7070 suicide prevention coordinator;
7071 (iii) the public education suicide prevention coordinator's model program for training
7072 and resources related to youth suicide prevention, intervention, and postvention;
7073 (iv) data measuring the effectiveness of youth suicide programs;
7074 (v) funds appropriated to each school district and charter school for youth suicide
7075 prevention programs; and
7076 (vi) five-year trends of youth suicides per school, school district, and charter school.
7077 (b) School districts and charter schools shall provide to the state board information that
7078 is necessary for the state board's report to the Legislature's Education Interim Committee as
7079 required in Subsection (7)(a).
7080 Section 189. Section 53G-9-703 is amended to read:
7081 53G-9-703. Parent education -- Mental health -- Bullying -- Safety.
7082 (1) (a) Except as provided in Subsection (4), a school district shall offer a seminar for
7083 parents of students in the school district that:
7084 (i) is offered at no cost to parents;
7085 (ii) begins at or after 6 p.m.;
7086 (iii) is held in at least one school located in the school district; and
7087 (iv) covers the topics described in Subsection (2).
7088 (b) (i) A school district shall annually offer one parent seminar for each 11,000
7089 students enrolled in the school district.
7090 (ii) Notwithstanding Subsection (1)(b)(i), a school district may not be required to offer
7091 more than three seminars.
7092 (c) A school district may:
7093 (i) develop its own curriculum for the seminar described in Subsection (1)(a); or
7094 (ii) use the curriculum developed by the [
7095 Subsection (2).
7096 (d) A school district shall notify each charter school located in the attendance
7097 boundaries of the school district of the date and time of a parent seminar, so the charter school
7098 may inform parents of the seminar.
7099 (2) The [
7100 (a) develop a curriculum for the parent seminar described in Subsection (1) that
7101 includes information on:
7102 (i) substance abuse, including illegal drugs and prescription drugs and prevention;
7103 (ii) bullying;
7104 (iii) mental health, depression, suicide awareness, and suicide prevention, including
7105 education on limiting access to fatal means;
7106 (iv) Internet safety, including pornography addiction; and
7107 (v) the School Safety and Crisis Line established in Section 53E-10-502; and
7108 (b) provide the curriculum, including resources and training, to school districts upon
7109 request.
7110 (3) The [
7111 Education Interim Committee, by the October 2015 meeting, on:
7112 (a) the progress of implementation of the parent seminar;
7113 (b) the number of parent seminars conducted in each school district;
7114 (c) the estimated attendance reported by each school district;
7115 (d) a recommendation of whether to continue the parent seminar program; and
7116 (e) if a local school board has opted out of providing the parent seminar, as described
7117 in Subsection (4), the reasons why a local school board opted out.
7118 (4) (a) A school district is not required to offer the parent seminar if the local school
7119 board determines that the topics described in Subsection (2) are not of significant interest or
7120 value to families in the school district.
7121 (b) If a local school board chooses not to offer the parent seminar, the local school
7122 board shall notify the [
7123 local school board chose not to offer the parent seminar.
7124 Section 190. Section 53G-9-704 is amended to read:
7125 53G-9-704. Youth suicide prevention training for employees.
7126 (1) A school district or charter school shall require a licensed employee to complete a
7127 minimum of two hours of professional development training on youth suicide prevention every
7128 three years.
7129 (2) The state board shall:
7130 (a) develop or adopt sample materials to be used by a school district or charter school
7131 for professional development training on youth suicide prevention; and
7132 (b) [
7133
7134 development training described in Section 53E-6-201.
7135 Section 191. Section 53G-9-801 is amended to read:
7136 53G-9-801. Definitions.
7137 As used in Section 53G-9-802:
7138 (1) "Attainment goal" means earning:
7139 (a) a high school diploma;
7140 (b) a Utah High School Completion Diploma, as defined in [
7141 state board rule;
7142 (c) an Adult Education Secondary Diploma, as defined in [
7143 state board rule; or
7144 (d) an employer-recognized, industry-based certificate that is:
7145 (i) likely to result in job placement; and
7146 (ii) included in the [
7147 technical education industry certification list.
7148 (2) "Cohort" means a group of students, defined by the year in which the group enters
7149 grade 9.
7150 (3) "Designated student" means a student:
7151 (a) (i) who has withdrawn from an LEA before earning a diploma;
7152 (ii) who has been dropped from average daily membership; and
7153 (iii) whose cohort has not yet graduated; or
7154 (b) who is at risk of meeting the criteria described in Subsection (3)(a), as determined
7155 by the student's LEA, using risk factors defined in rules made by the [
7156
7157 (4) "Graduation rate" means:
7158 (a) for a school district or a charter school that includes grade 12, the graduation rate
7159 calculated by the [
7160 purposes; or
7161 (b) for a charter school that does not include grade 12, a proxy graduation rate defined
7162 in rules made by the [
7163
7164 (5) "Local education agency" or "LEA" means a school district or charter school that
7165 serves students in grade 9, 10, 11, or 12.
7166 (6) "Nontraditional program" means a program, as defined in rules made by the [
7167
7168 instruction through:
7169 (a) distance learning;
7170 (b) online learning;
7171 (c) blended learning; or
7172 (d) competency-based learning.
7173 (7) "Statewide graduation rate" means:
7174 (a) for a school district or a charter school that includes grade 12, the statewide
7175 graduation rate, as annually calculated by the [
7176 (b) for a charter school that does not include grade 12, the average graduation rate for
7177 all charter schools that do not include grade 12.
7178 (8) "Third party" means:
7179 (a) a private provider; or
7180 (b) an LEA that does not meet the criteria described in Subsection 53G-9-802(3).
7181 Section 192. Section 53G-9-802 is amended to read:
7182 53G-9-802. Dropout prevention and recovery -- Flexible enrollment options --
7183 Contracting -- Reporting.
7184 (1) (a) Subject to Subsection (1)(b), an LEA shall provide dropout prevention and
7185 recovery services to a designated student, including:
7186 (i) engaging with or attempting to recover a designated student;
7187 (ii) developing a learning plan, in consultation with a designated student, to identify:
7188 (A) barriers to regular school attendance and achievement;
7189 (B) an attainment goal; and
7190 (C) a means for achieving the attainment goal through enrollment in one or more of the
7191 programs described in Subsection (2);
7192 (iii) monitoring a designated student's progress toward reaching the designated
7193 student's attainment goal; and
7194 (iv) providing tiered interventions for a designated student who is not making progress
7195 toward reaching the student's attainment goal.
7196 (b) An LEA shall provide the dropout prevention and recovery services described in
7197 Subsection (1)(a):
7198 (i) throughout the calendar year; and
7199 (ii) except as provided in Subsection (1)(c)(i), for each designated student who
7200 becomes a designated student while enrolled in the LEA.
7201 (c) (i) A designated student's school district of residence shall provide dropout recovery
7202 services if the designated student:
7203 (A) was enrolled in a charter school that does not include grade 12; and
7204 (B) becomes a designated student in the summer after the student completes academic
7205 instruction at the charter school through the maximum grade level the charter school is eligible
7206 to serve under the charter school's charter agreement as described in Section 53G-5-303.
7207 (ii) In accordance with Subsection (1)(c)(iii), a charter school that does not include
7208 grade 12 shall notify each of the charter school's student's district of residence, as determined
7209 under Section 53G-6-302, when the student completes academic instruction at the charter
7210 school as described in Subsection (1)(c)(i)(B).
7211 (iii) The notification described in Subsection (1)(c)(ii) shall include the student's name,
7212 contact information, and student identification number.
7213 (2) (a) An LEA shall provide flexible enrollment options for a designated student that:
7214 (i) are tailored to the designated student's learning plan developed under Subsection
7215 (1)(a)(ii); and
7216 (ii) include two or more of the following:
7217 (A) enrollment in the LEA in a traditional program;
7218 (B) enrollment in the LEA in a nontraditional program;
7219 (C) enrollment in a program offered by a private provider that has entered into a
7220 contract with the LEA to provide educational services; or
7221 (D) enrollment in a program offered by another LEA.
7222 (b) A designated student may enroll in:
7223 (i) a program offered by the LEA under Subsection (2)(a), in accordance with this
7224 public education code, rules established by the [
7225 policies established by the LEA;
7226 (ii) the Electronic High School, in accordance with Title 53E, Chapter 10, Part 6,
7227 Electronic High School; or
7228 (iii) the Statewide Online Education Program, in accordance with Title 53F, Chapter 4,
7229 Part 5, Statewide Online Education Program.
7230 (c) An LEA shall make the LEA's best effort to accommodate a designated student's
7231 choice of enrollment under Subsection (2)(b).
7232 (3) Beginning with the 2017-18 school year and except as provided in Subsection (4),
7233 an LEA shall enter into a contract with a third party to provide the dropout prevention and
7234 recovery services described in Subsection (1)(a) for any school year in which the LEA meets
7235 the following criteria:
7236 (a) the LEA's graduation rate is lower than the statewide graduation rate; and
7237 (b) (i) the LEA's graduation rate has not increased by at least 1% on average over the
7238 previous three school years; or
7239 (ii) during the previous calendar year, at least 10% of the LEA's designated students
7240 have not:
7241 (A) reached the students' attainment goals; or
7242 (B) made a year's worth of progress toward the students' attainment goals.
7243 (4) An LEA that is in the LEA's first three years of operation is not subject to the
7244 requirement described in Subsection (3).
7245 (5) An LEA described in Subsection (3) shall ensure that:
7246 (a) a third party with whom the LEA enters into a contract under Subsection (3) has a
7247 demonstrated record of effectiveness engaging with and recovering designated students; and
7248 (b) a contract with a third party requires the third party to:
7249 (i) provide the services described in Subsection (1)(a); and
7250 (ii) regularly report progress to the LEA.
7251 (6) An LEA shall annually submit a report to the [
7252 board on dropout prevention and recovery services provided under this section, including:
7253 (a) the methods the LEA or third party uses to engage with or attempt to recover
7254 designated students under Subsection (1)(a)(i);
7255 (b) the number of designated students who enroll in a program described in Subsection
7256 (2) as a result of the efforts described in Subsection (6)(a);
7257 (c) the number of designated students who reach the designated students' attainment
7258 goals identified under Subsection (1)(a)(ii)(B); and
7259 (d) funding allocated to provide dropout prevention and recovery services.
7260 (7) The [
7261 (a) ensure that an LEA described in Subsection (3) contracts with a third party to
7262 provide dropout prevention and recovery services in accordance with Subsections (3) and (5);
7263 and
7264 (b) on or before October 30, 2017, and each year thereafter, report to the Education
7265 Interim Committee on the provisions of this section, including a summary of the reports
7266 submitted under Subsection (6).
7267 Section 193. Section 53G-9-803 is amended to read:
7268 53G-9-803. Remediation programs for secondary students.
7269 (1) For purposes of this section:
7270 (a) "Secondary school" means a school that provides instruction to students in grades 7,
7271 8, 9, 10, 11, or 12.
7272 (b) "Secondary school student":
7273 (i) means a student enrolled in a secondary school; and
7274 (ii) includes a student in grade 6 if the student attends a secondary school.
7275 (2) A school district or charter school shall implement programs for secondary school
7276 students to attain the competency levels and graduation requirements established by the [
7277
7278 (3) (a) A school district or charter school shall establish remediation programs for
7279 secondary school students who do not meet competency levels in English, mathematics,
7280 science, or social studies.
7281 (b) Participation in the programs is mandatory for secondary school students who fail
7282 to meet the competency levels based on classroom performance.
7283 (4) Secondary school students who require remediation under this section may not be
7284 advanced to the following class in subject sequences until they meet the required competency
7285 level for the subject or complete the required remediation program, except that a school district
7286 or charter school may allow secondary school students requiring remediation who would
7287 otherwise be scheduled to enter their first year of high school to complete their remediation
7288 program during that first year.
7289 (5) (a) Remediation programs provided under this section should not be unnecessarily
7290 lengthy or repetitive.
7291 (b) A secondary school student need not repeat an entire class if remediation can
7292 reasonably be achieved through other means.
7293 (6) A school district or charter school may charge secondary school students a fee to
7294 participate in the remediation programs.
7295 Section 194. Section 53G-10-202 is amended to read:
7296 53G-10-202. Maintaining constitutional freedom in the public schools.
7297 (1) Any instructional activity, performance, or display which includes examination of
7298 or presentations about religion, political or religious thought or expression, or the influence
7299 thereof on music, art, literature, law, politics, history, or any other element of the curriculum,
7300 including the comparative study of religions, which is designed to achieve secular educational
7301 objectives included within the context of a course or activity and conducted in accordance with
7302 applicable rules or policies of the state and [
7303 may be undertaken in the public schools.
7304 (2) No aspect of cultural heritage, political theory, moral theory, or societal value shall
7305 be included within or excluded from public school curricula for the primary reason that it
7306 affirms, ignores, or denies religious belief, religious doctrine, a religious sect, or the existence
7307 of a spiritual realm or supreme being.
7308 (3) Public schools may not sponsor prayer or religious devotionals.
7309 (4) School officials and employees may not use their positions to endorse, promote, or
7310 disparage a particular religious, denominational, sectarian, agnostic, or atheistic belief or
7311 viewpoint.
7312 Section 195. Section 53G-10-204 is amended to read:
7313 53G-10-204. Civic and character education -- Definitions -- Legislative finding --
7314 Elements -- Reporting requirements.
7315 (1) As used in this section:
7316 (a) "Character education" means reaffirming values and qualities of character which
7317 promote an upright and desirable citizenry.
7318 (b) "Civic education" means the cultivation of informed, responsible participation in
7319 political life by competent citizens committed to the fundamental values and principles of
7320 representative democracy in Utah and the United States.
7321 (c) "Values" means time-established principles or standards of worth.
7322 (2) The Legislature recognizes that:
7323 (a) Civic and character education are fundamental elements of the public education
7324 system's core mission as originally intended and established under Article X of the Utah
7325 Constitution;
7326 (b) Civic and character education are fundamental elements of the constitutional
7327 responsibility of public education and shall be a continuing emphasis and focus in public
7328 schools;
7329 (c) the cultivation of a continuing understanding and appreciation of a constitutional
7330 republic and principles of representative democracy in Utah and the United States among
7331 succeeding generations of educated and responsible citizens is important to the nation and
7332 state;
7333 (d) the primary responsibility for the education of children within the state resides with
7334 their parents [
7335 assist parents in fulfilling that responsibility;
7336 (e) public schools fulfill a vital purpose in the preparation of succeeding generations of
7337 informed and responsible citizens who are deeply attached to essential democratic values and
7338 institutions; and
7339 (f) the happiness and security of American society relies upon the public virtue of its
7340 citizens which requires a united commitment to a moral social order where self-interests are
7341 willingly subordinated to the greater common good.
7342 (3) Through an integrated curriculum, students shall be taught in connection with
7343 regular school work:
7344 (a) honesty, integrity, morality, civility, duty, honor, service, and obedience to law;
7345 (b) respect for and an understanding of the Declaration of Independence and the
7346 constitutions of the United States and of the state of Utah;
7347 (c) Utah history, including territorial and preterritorial development to the present;
7348 (d) the essentials and benefits of the free enterprise system;
7349 (e) respect for parents, home, and family;
7350 (f) the dignity and necessity of honest labor; and
7351 (g) other skills, habits, and qualities of character which will promote an upright and
7352 desirable citizenry and better prepare students to recognize and accept responsibility for
7353 preserving and defending the blessings of liberty inherited from prior generations and secured
7354 by the constitution.
7355 (4) Local school boards and school administrators may provide training, direction, and
7356 encouragement, as needed, to accomplish the intent and requirements of this section and to
7357 effectively emphasize civic and character education in the course of regular instruction in the
7358 public schools.
7359 (5) Civic and character education in public schools are:
7360 (a) not intended to be separate programs in need of special funding or added specialists
7361 to be accomplished; and
7362 (b) core principles which reflect the shared values of the citizens of Utah and the
7363 founding principles upon which representative democracy in the United States and the state of
7364 Utah are based.
7365 (6) To assist the Commission on Civic and Character Education in fulfilling the
7366 commission's duties under Section 67-1a-11, by December 30 of each year, each school district
7367 and the State Charter School Board shall submit to the lieutenant governor and the commission
7368 a report summarizing how civic and character education are achieved in the school district or
7369 charter schools through an integrated school curriculum and in the regular course of school
7370 work as provided in this section.
7371 (7) Each year, the [
7372 Interim Committee, on or before the October meeting, the methods used, and the results being
7373 achieved, to instruct and prepare students to become informed and responsible citizens through
7374 an integrated curriculum taught in connection with regular school work as required in this
7375 section.
7376 Section 196. Section 53G-10-205 is amended to read:
7377 53G-10-205. Waivers of participation.
7378 (1) As used in this section[
7379
7380 (2) If a parent of a student, or a secondary student, determines that the student's
7381 participation in a portion of the curriculum or in an activity would require the student to affirm
7382 or deny a religious belief or right of conscience, or engage or refrain from engaging in a
7383 practice forbidden or required in the exercise of a religious right or right of conscience, the
7384 parent or the secondary student may request:
7385 (a) a waiver of the requirement to participate; or
7386 (b) a reasonable alternative that requires reasonably equivalent performance by the
7387 student of the secular objectives of the curriculum or activity in question.
7388 (3) The school shall promptly notify a student's parent if the secondary student makes a
7389 request under Subsection (2).
7390 (4) If a request is made under Subsection (2), the school shall:
7391 (a) waive the participation requirement;
7392 (b) provide a reasonable alternative to the requirement; or
7393 (c) notify the requesting party that participation is required.
7394 (5) The school shall ensure that the provisions of Subsection 53G-10-203(3) are met in
7395 connection with any required participation under Subsection (4)(c).
7396 (6) A student's academic or citizenship performance may not be penalized if the
7397 secondary student or the student's parent chooses to exercise a religious right or right of
7398 conscience in accordance with the provisions of this section.
7399 Section 197. Section 53G-10-302 is amended to read:
7400 53G-10-302. Instruction in American history and government -- Study and
7401 posting of American heritage documents.
7402 (1) The Legislature recognizes that a proper understanding of American history and
7403 government is essential to good citizenship, and that the public schools are the primary public
7404 institutions charged with responsibility for assisting children and youth in gaining that
7405 understanding.
7406 (2) (a) The [
7407 periodically review school curricula and activities to ensure that effective instruction in
7408 American history and government is taking place in the public schools.
7409 (b) The boards shall solicit public input as part of the review process.
7410 (c) Instruction in American history and government shall include a study of:
7411 (i) forms of government, such as a republic, a pure democracy, a monarchy, and an
7412 oligarchy;
7413 (ii) political philosophies and economic systems, such as socialism, individualism, and
7414 free market capitalism; and
7415 (iii) the United States' form of government, a compound constitutional republic.
7416 (3) School curricula and activities shall include a thorough study of historical
7417 documents such as:
7418 (a) the Declaration of Independence;
7419 (b) the United States Constitution;
7420 (c) the national motto;
7421 (d) the pledge of allegiance;
7422 (e) the national anthem;
7423 (f) the Mayflower Compact;
7424 (g) the writings, speeches, documents, and proclamations of the Founders and the
7425 Presidents of the United States;
7426 (h) organic documents from the pre-Colonial, Colonial, Revolutionary, Federalist, and
7427 post Federalist eras;
7428 (i) United States Supreme Court decisions;
7429 (j) Acts of the United States Congress, including the published text of the
7430 Congressional Record; and
7431 (k) United States treaties.
7432 (4) To increase student understanding of, and familiarity with, American historical
7433 documents, public schools may display historically important excerpts from, or copies of, those
7434 documents in school classrooms and common areas as appropriate.
7435 (5) There shall be no content-based censorship of American history and heritage
7436 documents referred to in this section due to their religious or cultural nature.
7437 (6) Public schools shall display "In God we trust," which is declared in 36 U.S.C. 302
7438 to be the national motto of the United States, in one or more prominent places within each
7439 school building.
7440 Section 198. Section 53G-10-303 is amended to read:
7441 53G-10-303. Teaching of American sign language.
7442 (1) The Legislature recognizes that American sign language is a fully developed,
7443 autonomous, natural language with distinct grammar, syntax, and art forms.
7444 (2) American sign language shall be accorded equal status with other linguistic systems
7445 in the state's public and higher education systems.
7446 (3) The [
7447 districts and members of the deaf and hard of hearing community, shall develop and implement
7448 policies and procedures for the teaching of American sign language in the state's public
7449 education system at least at the middle school or high school level.
7450 (4) A student may count credit received for completion of a course in American sign
7451 language at the middle school or high school level toward the satisfaction of a foreign language
7452 requirement in the public education system under rules made by the [
7453 state board.
7454 (5) The State Board of Regents, in consultation with the state's public institutions of
7455 higher education and members of the state's deaf and hard of hearing community, shall develop
7456 and implement policies and procedures for offering instruction in American sign language in
7457 the state's system of higher education.
7458 (6) The Joint Liaison Committee, in consultation with members of the state's deaf and
7459 hard of hearing community, shall review any policies and procedures developed under this
7460 section and make recommendations to either or both boards regarding the policies.
7461 Section 199. Section 53G-10-304 is amended to read:
7462 53G-10-304. Instruction on the flag of the United States of America.
7463 (1) [
7464
7465 within the public schools relating to the flag of the United States.
7466 (2) The instruction shall include the history of the flag, etiquette, customs pertaining to
7467 the display and use of the flag, and other patriotic exercises as provided by 4 U.S.C. Secs. 1 to
7468 10.
7469 (3) (a) The pledge of allegiance to the flag shall be recited once at the beginning of
7470 each day in each public school classroom in the state, led by a student in the classroom, as
7471 assigned by the classroom teacher on a rotating basis.
7472 (b) Each student shall be informed by posting a notice in a conspicuous place that the
7473 student has the right not to participate in reciting the pledge.
7474 (c) A student shall be excused from reciting the pledge upon written request from the
7475 student's parent [
7476 (d) (i) At least once a year students shall be instructed that:
7477 (A) participation in the pledge of allegiance is voluntary and not compulsory; and
7478 (B) not only is it acceptable for someone to choose not to participate in the pledge of
7479 allegiance for religious or other reasons, but students should show respect for any student who
7480 chooses not to participate.
7481 (ii) A public school teacher shall strive to maintain an atmosphere among students in
7482 the classroom that is consistent with the principles described in Subsection (3)(d)(i).
7483 Section 200. Section 53G-10-305 is amended to read:
7484 53G-10-305. Financial education information.
7485 A public school shall provide the following to the parents [
7486 kindergarten student during kindergarten enrollment:
7487 (1) a financial and economic literacy passport, as defined in Section 53E-3-505; and
7488 (2) information about higher education savings options, including information about
7489 opening a Utah Educational Savings Plan account.
7490 Section 201. Section 53G-10-402 is amended to read:
7491 53G-10-402. Instruction in health -- Parental consent requirements -- Conduct
7492 and speech of school employees and volunteers -- Political and religious doctrine
7493 prohibited.
7494 (1) As used in this section:
7495 [
7496 [
7497 [
7498 [
7499 [
7500 (a) "LEA governing board" means a local school board or charter school governing
7501 board.
7502 [
7503 (i) in a student's ability to clearly and expressly refuse sexual advances by a minor or
7504 adult;
7505 (ii) in a student's obligation to stop the student's sexual advances if refused by another
7506 individual;
7507 (iii) informing a student of the student's right to report and seek counseling for
7508 unwanted sexual advances;
7509 (iv) in sexual harassment; and
7510 (v) informing a student that a student may not consent to criminally prohibited
7511 activities or activities for which the student is legally prohibited from giving consent, including
7512 the electronic transmission of sexually explicit images by an individual of the individual or
7513 another.
7514 (2) (a) The state board shall establish curriculum requirements under Section
7515 53E-3-501 that include instruction in:
7516 (i) community and personal health;
7517 (ii) physiology;
7518 (iii) personal hygiene;
7519 (iv) prevention of communicable disease;
7520 (v) refusal skills; and
7521 (vi) the harmful effects of pornography.
7522 (b) (i) That instruction shall stress:
7523 (A) the importance of abstinence from all sexual activity before marriage and fidelity
7524 after marriage as methods for preventing certain communicable diseases; and
7525 (B) personal skills that encourage individual choice of abstinence and fidelity.
7526 (ii) (A) At no time may instruction be provided, including responses to spontaneous
7527 questions raised by students, regarding any means or methods that facilitate or encourage the
7528 violation of any state or federal criminal law by a minor or an adult.
7529 (B) Subsection (2)(b)(ii)(A) does not preclude an instructor from responding to a
7530 spontaneous question as long as the response is consistent with the provisions of this section.
7531 (c) (i) The state board shall recommend instructional materials for use in the curricula
7532 required under Subsection (2)(a) after considering evaluations of instructional materials by the
7533 State Instructional Materials Commission.
7534 (ii) [
7535 (A) the instructional materials recommended under Subsection (2)(c)(i); or
7536 (B) other instructional materials as provided in state board rule.
7537 (iii) The state board rule made under Subsection (2)(c)(ii)(B) shall include, at a
7538 minimum:
7539 (A) that the materials adopted by [
7540 Subsection (2)(c)(ii)(B) shall be based upon recommendations of the school district's or charter
7541 school's Curriculum Materials Review Committee that comply with state law and state board
7542 rules emphasizing abstinence before marriage and fidelity after marriage, and prohibiting
7543 instruction in:
7544 (I) the intricacies of intercourse, sexual stimulation, or erotic behavior;
7545 (II) the advocacy of premarital or extramarital sexual activity; or
7546 (III) the advocacy or encouragement of the use of contraceptive methods or devices;
7547 (B) that the adoption of instructional materials shall take place in an open and regular
7548 meeting of the [
7549 students attending the respective schools and an opportunity for parents to express their views
7550 and opinions on the materials at the meeting;
7551 (C) provision for an appeal and review process of the [
7552 board's decision; and
7553 (D) provision for a report by the [
7554 of the action taken and the materials adopted by the [
7555 Subsections (2)(c)(ii)(B) and (2)(c)(iii).
7556 (3) (a) A student shall receive instruction in the courses described in Subsection (2) on
7557 at least two occasions during the period that begins with the beginning of grade 8 and the end
7558 of grade 12.
7559 (b) At the request of the state board, the Department of Health shall cooperate with the
7560 state board in developing programs to provide instruction in those areas.
7561 (4) (a) The state board shall adopt rules that:
7562 (i) provide that the parental consent requirements of Sections 76-7-322 and 76-7-323
7563 are complied with; and
7564 (ii) require a student's parent to be notified in advance and have an opportunity to
7565 review the information for which parental consent is required under Sections 76-7-322 and
7566 76-7-323.
7567 (b) The state board shall also provide procedures for disciplinary action for violation of
7568 Section 76-7-322 or 76-7-323.
7569 (5) (a) In keeping with the requirements of Section 53G-10-204, and because school
7570 employees and volunteers serve as examples to their students, school employees or volunteers
7571 acting in their official capacities may not support or encourage criminal conduct by students,
7572 teachers, or volunteers.
7573 (b) To ensure the effective performance of school personnel, the limitations described
7574 in Subsection (5)(a) also apply to a school employee or volunteer acting outside of the school
7575 employee's or volunteer's official capacities if:
7576 (i) the employee or volunteer knew or should have known that the employee's or
7577 volunteer's action could result in a material and substantial interference or disruption in the
7578 normal activities of the school; and
7579 (ii) that action does result in a material and substantial interference or disruption in the
7580 normal activities of the school.
7581 (c) The state board or [
7582 of school employees or volunteers that supports or encourages criminal conduct.
7583 (d) The state board shall adopt rules implementing this section.
7584 (e) Nothing in this section limits the ability or authority of the state board or [
7585
7586 lawful, regarding educators', employees', or volunteers' qualifications or behavior evidencing
7587 unfitness for duty.
7588 (6) Except as provided in Section 53G-10-202, political, atheistic, sectarian, religious,
7589 or denominational doctrine may not be taught in the public schools.
7590 (7) (a) [
7591 governing board's employees shall cooperate and share responsibility in carrying out the
7592 purposes of this chapter.
7593 (b) [
7594 development for the [
7595 administrators to enable them to understand, protect, and properly instruct students in the
7596 values and character traits referred to in this section and Sections 53E-9-202, 53E-9-203,
7597 53G-10-202, 53G-10-203, 53G-10-204, and 53G-10-205, and distribute appropriate written
7598 materials on the values, character traits, and conduct to each individual receiving the
7599 professional development.
7600 (c) [
7601 described in Subsection (7)(b) available to classified employees, students, and parents of
7602 students.
7603 (d) In order to assist [
7604 professional development required under Subsection (7)(b), the state board shall, as
7605 appropriate, contract with a qualified individual or entity possessing expertise in the areas
7606 referred to in Subsection (7)(b) to develop and disseminate model teacher professional
7607 development programs that [
7608 individuals referred to in Subsection (7)(b) to effectively teach the values and qualities of
7609 character referenced in Subsection (7)(b).
7610 (e) In accordance with the provisions of Subsection (5)(c), professional development
7611 may not support or encourage criminal conduct.
7612 (8) [
7613 (a) [
7614 section;
7615 (b) for a local school board [
7616 the school district is located in, or, for a charter school governing board, data for the county in
7617 which the charter school is located, on the following:
7618 (i) teen pregnancy;
7619 (ii) child sexual abuse; and
7620 (iii) sexually transmitted diseases and sexually transmitted infections; and
7621 (c) the number of pornography complaints or other instances reported within the
7622 jurisdiction of the [
7623 (9) If any one or more provision, subsection, sentence, clause, phrase, or word of this
7624 section, or the application thereof to any person or circumstance, is found to be
7625 unconstitutional, the balance of this section shall be given effect without the invalid provision,
7626 subsection, sentence, clause, phrase, or word.
7627 Section 202. Section 53G-10-403 is amended to read:
7628 53G-10-403. Required parental consent for sex education instruction.
7629 (1) As used in this section:
7630 [
7631 [
7632 activity, or presentation that, as the focus of the discussion, provides instruction or information
7633 to a student about:
7634 (A) sexual abstinence;
7635 (B) human sexuality;
7636 (C) human reproduction;
7637 (D) reproductive anatomy;
7638 (E) physiology;
7639 (F) pregnancy;
7640 (G) marriage;
7641 (H) childbirth;
7642 (I) parenthood;
7643 (J) contraception;
7644 (K) HIV/AIDS;
7645 (L) sexually transmitted diseases; or
7646 (M) refusal skills, as defined in Section 53G-10-402.
7647 (ii) "Sex education instruction" does not include child sexual abuse prevention
7648 instruction described in Section 53G-9-207.
7649 [
7650 (2) A school shall obtain prior written consent from a student's parent before the school
7651 may provide sex education instruction to the student.
7652 (3) If a student's parent chooses not to have the student participate in sex education
7653 instruction, a school shall:
7654 (a) waive the requirement for the student to participate in the sex education instruction;
7655 or
7656 (b) provide the student with a reasonable alternative to the sex education instruction
7657 requirement.
7658 (4) In cooperation with the student's teacher or school, a parent shall take responsibility
7659 for the parent's student's sex education instruction if a school:
7660 (a) waives the student's sex education instruction requirement in Subsection (3)(a); or
7661 (b) provides the student with a reasonable alternative to the sex education instruction
7662 requirement described in Subsection (3)(b).
7663 (5) A student's academic or citizenship performance may not be penalized if the
7664 student's parent chooses not to have the student participate in sex education instruction as
7665 described in Subsection (3).
7666 Section 203. Section 53G-10-405 is amended to read:
7667 53G-10-405. Instruction on the harmful effects of alcohol, tobacco, and controlled
7668 substances -- Rulemaking authority -- Assistance from the Division of Substance Abuse
7669 and Mental Health.
7670 (1) The [
7671 instruction at each grade level on the harmful effects of alcohol, tobacco, and controlled
7672 substances upon the human body and society. The rules shall require but are not limited to
7673 instruction on the following:
7674 (a) teaching of skills needed to evaluate advertisements for, and media portrayal of,
7675 alcohol, tobacco, and controlled substances;
7676 (b) directing students towards healthy and productive alternatives to the use of alcohol,
7677 tobacco, and controlled substances; and
7678 (c) discouraging the use of alcohol, tobacco, and controlled substances.
7679 (2) At the request of the state board, the Division of Substance Abuse and Mental
7680 Health shall cooperate with the state board in developing programs to provide this instruction.
7681 (3) The state board shall participate in efforts to enhance communication among
7682 community organizations and state agencies, and shall cooperate with those entities in efforts
7683 which are compatible with the purposes of this section.
7684 Section 204. Section 53G-10-406 is amended to read:
7685 53G-10-406. Underage Drinking Prevention Program -- State board rules.
7686 (1) As used in this section:
7687 (a) "Advisory council" means the Underage Drinking Prevention Program Advisory
7688 Council created in this section.
7689 [
7690 [
7691 [
7692 [
7693 [
7694 [
7695 section.
7696 [
7697 intended for students aged 13 and older that:
7698 (i) is aimed at preventing underage consumption of alcohol;
7699 (ii) is delivered by methods that engage students in storytelling and visualization;
7700 (iii) addresses the behavioral risk factors associated with underage drinking; and
7701 (iv) provides practical tools to address the dangers of underage drinking.
7702 (2) There is created the Underage Drinking Prevention Program that consists of:
7703 (a) a school-based prevention program for students in grade 7 or 8; and
7704 (b) a school-based prevention program for students in grade 9 or 10 that increases
7705 awareness of the dangers of driving under the influence of alcohol.
7706 (3) (a) Beginning with the 2018-19 school year, an LEA shall offer the program each
7707 school year to each student in grade 7 or 8 and grade 9 or 10.
7708 (b) An LEA shall select from the providers qualified by the state board under
7709 Subsection (6) to offer the program.
7710 (4) The state board shall administer the program with input from the advisory council.
7711 (5) There is created the Underage Drinking Prevention Program Advisory Council
7712 comprised of the following members:
7713 (a) the executive director of the Department of Alcoholic Beverage Control or the
7714 executive director's designee;
7715 (b) the executive director of the Department of Health or the executive director's
7716 designee;
7717 (c) the director of the Division of Substance Abuse and Mental Health or the director's
7718 designee;
7719 (d) the director of the Division of Child and Family Services or the director's designee;
7720 (e) the director of the Division of Juvenile Justice Services or the director's designee;
7721 (f) the state superintendent [
7722
7723 (g) two members of the [
7724 of the [
7725 (6) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state
7726 board shall qualify one or more providers to provide the program to an LEA.
7727 (b) In selecting a provider described in Subsection (6)(a), the state board shall consider:
7728 (i) whether the provider's program complies with the requirements described in this
7729 section;
7730 (ii) the extent to which the provider's underage drinking prevention program aligns
7731 with core standards for Utah public schools; and
7732 (iii) the provider's experience in providing a program that is effective at reducing
7733 underage drinking.
7734 (7) (a) The state board shall use money from the Underage Drinking Prevention
7735 Program Restricted Account described in Section 53F-9-304 for the program.
7736 (b) The state board may use money from the Underage Drinking Prevention Program
7737 Restricted Account to fund up to .5 of a full-time equivalent position to administer the
7738 program.
7739 [
7740
7741 (8) The state board shall make rules that:
7742 (a) beginning with the 2018-19 school year, require an LEA to offer the Underage
7743 Drinking Prevention Program each school year to each student in grade 7 or 8 and grade 9 or
7744 10; and
7745 (b) establish criteria for the state board to use in selecting a provider described in
7746 Subsection (6).
7747 Section 205. Section 53G-10-501 is amended to read:
7748 53G-10-501. Definitions.
7749 [
7750 (1) "Driver education" includes classroom instruction and driving and observation in a
7751 dual-controlled motor vehicle.
7752 (2) "Driving" or "behind-the-wheel driving" means operating a dual-controlled motor
7753 vehicle under the supervision of a certified instructor.
7754 Section 206. Section 53G-10-502 is amended to read:
7755 53G-10-502. Driver education established by school districts.
7756 [
7757 [
7758
7759 [
7760
7761 [
7762 pupils.
7763 (b) A school or local school district that provides driver education shall provide an
7764 opportunity for each pupil enrolled in that school or local school district to take the written test
7765 when the pupil is 15 years and nine months of age.
7766 (c) Notwithstanding the provisions of Subsection [
7767 district that provides driver education may provide an opportunity for each pupil enrolled in
7768 that school or school district to take the written test when the pupil is 15 years of age.
7769 [
7770 habits, and skills necessary for the safe operation of motor vehicles.
7771 [
7772
7773 offered in the public schools.
7774 [
7775 (a) require at least one hour of classroom training on the subject of railroad crossing
7776 safety for each driver education pupil;
7777 (b) require instruction, based on data and information provided by the Division of Air
7778 Quality, on:
7779 (i) ways drivers can improve air quality; and
7780 (ii) the harmful effects of vehicle emissions; and
7781 (c) establish minimum standards for approved driving ranges under Section
7782 53-3-505.5.
7783 [
7784 driving training provided as part of driver education offered under this part and used to satisfy
7785 the driver training requirement under Section 53-3-204.
7786 Section 207. Section 53G-10-503 is amended to read:
7787 53G-10-503. Driver education funding -- Reimbursement of school districts for
7788 driver education class expenses -- Limitations -- Excess funds -- Student fees.
7789 (1) (a) Except as provided in Subsection (1)(b), a school district that provides driver
7790 education shall fund the program solely through:
7791 (i) funds provided from the Automobile Driver Education Tax Account in the Uniform
7792 School Fund as created under Section 41-1a-1205; and
7793 (ii) student fees collected by each school.
7794 (b) In determining the cost of driver education, a school district may exclude:
7795 (i) the full-time equivalent cost of a teacher for a driver education class taught during
7796 regular school hours; and
7797 (ii) classroom space and classroom maintenance.
7798 (c) A school district may not use any additional school funds beyond those allowed
7799 under Subsection (1)(b) to subsidize driver education.
7800 (2) (a) The state superintendent [
7801 following the school year during which it was expended, or may at earlier intervals during that
7802 school year, reimburse each school district that applied for reimbursement in accordance with
7803 this section.
7804 (b) A school district that maintains driver education classes that conform to this part
7805 and the rules prescribed by the state board may apply for reimbursement for the actual cost of
7806 providing the behind-the-wheel and observation training incidental to those classes.
7807 (3) Under the state board's supervision for driver education, a school district may:
7808 (a) employ personnel who are not licensed by the state board under Section 53E-6-201;
7809 or
7810 (b) contract with private parties or agencies licensed under Section 53-3-504 for the
7811 behind-the-wheel phase of the driver education program.
7812 (4) The reimbursement amount shall be paid out of the Automobile Driver Education
7813 Tax Account in the Uniform School Fund and may not exceed:
7814 (a) $100 per student who has completed driver education during the school year;
7815 (b) $30 per student who has only completed the classroom portion in the school or
7816 through the electronic high school during the school year; or
7817 (c) $70 per student who has only completed the behind-the-wheel and observation
7818 portion in the school during the school year.
7819 (5) If the amount of money in the account at the end of a school year is less than the
7820 total of the reimbursable costs, the state superintendent [
7821 money to each school district in the same proportion that its reimbursable costs bear to the total
7822 reimbursable costs of all school districts.
7823 (6) If the amount of money in the account at the end of any school year is more than the
7824 total of the reimbursement costs provided under Subsection (4), the state superintendent may
7825 allocate the excess funds to school districts:
7826 (a) to reimburse each school district that applies for reimbursement of the cost of a fee
7827 waived under Section 53G-7-504 for driver education; and
7828 (b) to aid in the procurement of equipment and facilities which reduce the cost of
7829 behind-the-wheel instruction.
7830 (7) A local school board shall establish the student fee for driver education for the
7831 school district. Student fees shall be reasonably associated with the costs of driver education
7832 that are not otherwise covered by reimbursements and allocations made under this section.
7833 Section 208. Section 53G-10-505 is amended to read:
7834 53G-10-505. Reports as to costs of driver training programs.
7835 A local school board seeking reimbursement shall, at the end of each school year and at
7836 other times as designated by the [
7837 the state superintendent [
7838 (1) the costs of providing driver education including a separate accounting for:
7839 (a) course work; and
7840 (b) behind-the-wheel and observation training to students;
7841 (2) the costs of fees waived under Section 53G-7-504 for driver education including a
7842 separate accounting for:
7843 (a) course work; and
7844 (b) behind-the-wheel and observation training to students;
7845 (3) the number of students who completed driver education including a separate
7846 accounting for:
7847 (a) course work; and
7848 (b) behind-the-wheel and observation training to students;
7849 (4) whether or not a passing grade was received; and
7850 (5) any other information the [
7851 the purpose of administering this program.
7852 Section 209. Section 53G-10-506 is amended to read:
7853 53G-10-506. Promoting the establishment and maintenance of classes -- Payment
7854 of costs.
7855 (1) The state superintendent [
7856 maintenance of driver education classes in school districts under rules adopted by the [
7857
7858 (2) The state board may employ personnel and sponsor experimental programs
7859 considered necessary to give full effect to this program.
7860 (3) The costs of implementing this section shall be paid from the legislative
7861 appropriation to the state board made from the Automobile Driver Education Tax Account in
7862 the Uniform School Fund.
7863 Section 210. Section 53G-10-507 is amended to read:
7864 53G-10-507. Driver education teachers certified as license examiners.
7865 (1) The Driver License Division of the Department of Public Safety and the [
7866
7867 driver education classes under this part to administer written and driving tests.
7868 (2) The division is the certifying authority.
7869 (3) (a) A teacher certified under this section shall give written and driving tests
7870 designed for driver education classes authorized under this part.
7871 (b) The Driver License Division shall, in conjunction with the [
7872
7873 at least as difficult as those required to receive a class D operator's license under Title 53,
7874 Chapter 3, Uniform Driver License Act.
7875 (c) A student who passes the written test but fails the driving test given by a teacher
7876 certified under this section may apply for a learner permit or class D operator's license under
7877 Title 53, Chapter 3, Part 2, Driver Licensing Act, and complete the driving test at a Driver
7878 License Division office.
7879 (4) A student shall have a learner permit issued by the Driver License Division under
7880 Section 53-3-210.5 in the student's immediate possession at all times when operating a motor
7881 vehicle under this section.
7882 (5) A student who successfully passes the tests given by a certified driver education
7883 teacher under this section satisfies the written and driving parts of the test required for a learner
7884 permit or class D operator's license.
7885 (6) The Driver License Division and the [
7886 establish procedures to enable school districts to administer or process any tests for students to
7887 receive a learner permit or class D operator's license.
7888 (7) The division and state board shall establish the standards and procedures required
7889 under this section by rules [
7890
7891 Section 211. Section 53G-10-508 is amended to read:
7892 53G-10-508. Programs authorized -- Minimum standards.
7893 (1) Local school districts may:
7894 (a) allow students to complete the classroom training portion of driver education
7895 through the following programs:
7896 (i) home study; or
7897 (ii) the electronic high school;
7898 (b) provide each parent with driver education instructional materials to assist in parent
7899 involvement with driver education including behind-the-wheel driving materials;
7900 (c) offer driver education outside of school hours in order to reduce the cost of
7901 providing driver education;
7902 (d) offer driver education through community education programs;
7903 (e) offer the classroom portion of driver education in the public schools and allow the
7904 student to complete the behind-the-wheel portion with a private provider:
7905 (i) licensed under Section 53-3-504; and
7906 (ii) not associated with the school or under contract with the school under Subsection
7907 53G-10-503(3); or
7908 (f) any combination of Subsections (1)(a) through (e).
7909 (2) [
7910
7911 school-related programs under Subsection (1).
7912 Section 212. Section 53G-11-203 is amended to read:
7913 53G-11-203. Health insurance mandates.
7914 A local school board and [
7915 include in a health plan it offers to school district employees, or charter school employees
7916 insurance mandates in accordance with Section 31A-22-605.5.
7917 Section 213. Section 53G-11-205 is amended to read:
7918 53G-11-205. Education employee associations -- Equal participation --
7919 Prohibition on endorsement or preferential treatment -- Naming of school breaks.
7920 (1) As used in this section:
7921 (a) "Education employee association" includes teacher associations, teacher unions,
7922 teacher organizations, and classified education employees' associations.
7923 (b) "School" means a school district, a school in a school district, a charter school, or
7924 the [
7925 (2) A school shall allow education employee associations equal access to the following
7926 activities:
7927 (a) distribution of information in or access to teachers' or employees' physical or
7928 electronic mailboxes, including email accounts that are provided by the school; and
7929 (b) membership solicitation activities at new teacher or employee orientation training
7930 or functions.
7931 (3) If a school permits an education employee association to engage in any of the
7932 activities described in Subsection (2), the school shall permit all other education employee
7933 associations to engage in the activity on the same terms and conditions afforded to the
7934 education employee association.
7935 (4) It is unlawful for a school to:
7936 (a) establish or maintain structures, procedures, or policies that favor one education
7937 employee association over another or otherwise give preferential treatment to an education
7938 employee association; or
7939 (b) explicitly or implicitly endorse any education employee association.
7940 (5) A school's calendars and publications may not include or refer to the name of any
7941 education employee association in relation to any day or break in the school calendar.
7942 Section 214. Section 53G-11-207 is amended to read:
7943 53G-11-207. Collective bargaining agreement -- Website posting.
7944 (1) As used in this section, "collective bargaining agreement" includes:
7945 (a) a master agreement; and
7946 (b) an amendment, addendum, memorandum, or other document modifying the master
7947 agreement.
7948 [
7949 (2) A local school board:
7950 (a) shall post on the school district's website a collective bargaining agreement entered
7951 into by the [
7952 agreement; and
7953 (b) may remove from the school district's website a collective bargaining agreement
7954 that is no longer in effect.
7955 [
7956 (3) A charter school governing board:
7957 (a) shall post on the charter school's website a collective bargaining agreement entered
7958 into by the charter school governing board [
7959 ratification of the agreement; and
7960 (b) may remove from the charter school's website a collective bargaining agreement
7961 that is no longer in effect.
7962 Section 215. Section 53G-11-303 is amended to read:
7963 53G-11-303. Professional learning standards.
7964 (1) As used in this section, "professional learning" means a comprehensive, sustained,
7965 and evidence-based approach to improving teachers' and principals' effectiveness in raising
7966 student achievement.
7967 (2) A school district or charter school shall implement high quality professional
7968 learning that meets the following standards:
7969 (a) professional learning occurs within learning communities committed to continuous
7970 improvement, individual and collective responsibility, and goal alignment;
7971 (b) professional learning requires skillful leaders who develop capacity, advocate, and
7972 create support systems, for professional learning;
7973 (c) professional learning requires prioritizing, monitoring, and coordinating resources
7974 for educator learning;
7975 (d) professional learning uses a variety of sources and types of student, educator, and
7976 system data to plan, assess, and evaluate professional learning;
7977 (e) professional learning integrates theories, research, and models of human learning to
7978 achieve its intended outcomes;
7979 (f) professional learning applies research on change and sustains support for
7980 implementation of professional learning for long-term change;
7981 (g) professional learning aligns its outcomes with:
7982 (i) performance standards for teachers and school administrators as described in rules
7983 of the [
7984 (ii) performance standards for students as described in the core standards for Utah
7985 public schools adopted by the [
7986 53E-4-202; and
7987 (h) professional learning:
7988 (i) incorporates the use of technology in the design, implementation, and evaluation of
7989 high quality professional learning practices; and
7990 (ii) includes targeted professional learning on the use of technology devices to enhance
7991 the teaching and learning environment and the integration of technology in content delivery.
7992 (3) School districts and charter schools shall use money appropriated by the Legislature
7993 for professional learning or federal grant money awarded for professional learning to
7994 implement professional learning that meets the standards specified in Subsection (2).
7995 (4) (a) In the fall of 2014, the [
7996 superintendent [
7997 acquired through a competitive bid process, shall conduct a statewide survey of school districts
7998 and charter schools to:
7999 (i) determine the current state of professional learning for educators as aligned with the
8000 standards specified in Subsection (2);
8001 (ii) determine the effectiveness of current professional learning practices; and
8002 (iii) identify resources to implement professional learning as described in Subsection
8003 (2).
8004 (b) The [
8005 who have demonstrated successful experience in conducting a statewide analysis of
8006 professional learning.
8007 (c) (i) Annually in the fall, beginning in 2015 through 2020, the [
8008
8009 with school districts and charter schools, shall gather and use data to determine the impact of
8010 professional learning efforts and resources.
8011 (ii) Data used to determine the impact of professional learning efforts and resources
8012 under Subsection (4)(c)(i) shall include:
8013 (A) student achievement data;
8014 (B) educator evaluation data; and
8015 (C) survey data.
8016 Section 216. Section 53G-11-401 is amended to read:
8017 53G-11-401. Definitions.
8018 As used in this part:
8019 (1) "Authorized entity" means an LEA, qualifying private school, or the [
8020
8021 monitoring under this part.
8022 (2) "Bureau" means the Bureau of Criminal Identification within the Department of
8023 Public Safety created in Section 53-10-201.
8024 (3) "Contract employee" means an employee of a staffing service or other entity who
8025 works at a public or private school under a contract.
8026 (4) "FBI" means the Federal Bureau of Investigation.
8027 (5) (a) "License applicant" means an applicant for a license issued by the [
8028
8029 (b) "License applicant" includes an applicant for reinstatement of an expired, lapsed,
8030 suspended, or revoked license.
8031 [
8032
8033 [
8034 school that does not hold a current Utah educator license issued by the [
8035
8036 [
8037 (a) current name, former names, nicknames, and aliases;
8038 (b) date of birth;
8039 (c) address;
8040 (d) telephone number;
8041 (e) driver license number or other government-issued identification number;
8042 (f) social security number; and
8043 (g) fingerprints.
8044 [
8045 (a) enrolls students under Title 53F, Chapter 4, Part 3, Carson Smith Scholarship
8046 Program; and
8047 (b) is authorized to conduct fingerprint-based background checks of national crime
8048 information databases under the Adam Walsh Child Protection and Safety Act of 2006, Pub. L.
8049 No. 109-248.
8050 [
8051 ongoing status notifications of any criminal history reported on individuals whose fingerprints
8052 are registered in the system.
8053 [
8054 consists of eight western states sharing one electronic fingerprint database.
8055 Section 217. Section 53G-11-403 is amended to read:
8056 53G-11-403. Background checks for licensed educators.
8057 The [
8058 (1) require a license applicant to submit to a nationwide criminal background check
8059 and ongoing monitoring as a condition for licensing;
8060 (2) collect the following from an applicant:
8061 (a) personal identifying information;
8062 (b) a fee described in Subsection 53-10-108(15); and
8063 (c) consent, on a form specified by the [
8064 (i) an initial fingerprint-based background check by the FBI and bureau upon
8065 submission of the application;
8066 (ii) retention of personal identifying information for ongoing monitoring through
8067 registration with the systems described in Section 53G-11-404; and
8068 (iii) disclosure of any criminal history information to the individual's employing LEA
8069 or qualifying private school;
8070 (3) submit an applicant's personal identifying information to the bureau for:
8071 (a) an initial fingerprint-based background check by the FBI and bureau; and
8072 (b) ongoing monitoring through registration with the systems described in Section
8073 53G-11-404 if the results of the initial background check do not contain disqualifying criminal
8074 history information as determined by the [
8075 with Section 53G-11-405;
8076 (4) identify the appropriate privacy risk mitigation strategy that will be used to ensure
8077 that the [
8078 whom the [
8079 (5) notify the employing LEA or qualifying private school upon receipt of any criminal
8080 history information reported on a licensed educator employed by the LEA or qualifying private
8081 school; and
8082 (6) (a) collect the information described in Subsection (2) from individuals who were
8083 licensed prior to July 1, 2015, by the individual's next license renewal date; and
8084 (b) submit the information to the bureau for ongoing monitoring through registration
8085 with the systems described in Section 53G-11-404.
8086 Section 218. Section 53G-11-404 is amended to read:
8087 53G-11-404. Bureau responsibilities.
8088 The bureau shall:
8089 (1) upon request from an authorized entity, register the fingerprints submitted by the
8090 authorized entity as part of a background check with:
8091 (a) the WIN Database rap back system, or any successor system; and
8092 (b) the rap back system maintained by the Federal Bureau of Investigation;
8093 (2) notify an authorized entity when a new entry is made against an individual whose
8094 fingerprints are registered with the rap back systems described in Subsection (1) regarding:
8095 (a) an alleged offense; or
8096 (b) a conviction, including a plea in abeyance;
8097 (3) assist authorized entities to identify the appropriate privacy risk mitigation strategy
8098 that is to be used to ensure that the authorized entity only receives notifications for individuals
8099 with whom the authorized entity maintains an authorizing relationship; and
8100 (4) collaborate with the [
8101 authorized entities on the notification procedures and privacy risk mitigation strategies
8102 described in this part.
8103 Section 219. Section 53G-11-405 is amended to read:
8104 53G-11-405. Due process for individuals--Review of criminal history information.
8105 (1) (a) In accordance with Section 53-10-108, an authorized entity shall provide an
8106 individual an opportunity to review and respond to any criminal history information received
8107 under this part.
8108 (b) If an authorized entity decides to disqualify an individual as a result of criminal
8109 history information received under this part, an individual may request a review of:
8110 (i) information received; and
8111 (ii) the reasons for the disqualification.
8112 (c) An authorized entity shall provide an individual described in Subsection (1)(b) with
8113 written notice of:
8114 (i) the reasons for the disqualification; and
8115 (ii) the individual's right to request a review of the disqualification.
8116 (2) (a) An LEA or qualifying private school shall make decisions regarding criminal
8117 history information for the individuals subject to the background check requirements under
8118 Section 53G-11-402 in accordance with:
8119 (i) Subsection (3);
8120 (ii) administrative procedures established by the LEA or qualifying private school; and
8121 (iii) rules established by the [
8122 (b) The [
8123 history information for licensed educators in accordance with:
8124 (i) Subsection (3);
8125 (ii) Title 53E, Chapter 6, Education Professional Licensure; and
8126 (iii) rules established by the [
8127 (3) When making decisions regarding initial employment, initial licensing, or initial
8128 appointment for the individuals subject to background checks under this part, an authorized
8129 entity shall consider:
8130 (a) any convictions, including pleas in abeyance;
8131 (b) any matters involving a felony; and
8132 (c) any matters involving an alleged:
8133 (i) sexual offense;
8134 (ii) class A misdemeanor drug offense;
8135 (iii) offense against the person under Title 76, Chapter 5, Offenses Against the Person;
8136 (iv) class A misdemeanor property offense that is alleged to have occurred within the
8137 previous three years; and
8138 (v) any other type of criminal offense, if more than one occurrence of the same type of
8139 offense is alleged to have occurred within the previous eight years.
8140 Section 220. Section 53G-11-406 is amended to read:
8141 53G-11-406. Self-reporting requirement.
8142 (1) Individuals subject to the background check requirements under this part shall
8143 self-report conviction, arrest, or offense information in accordance with rules established by the
8144 [
8145 (2) An LEA shall report conviction, arrest, or offense information received from
8146 licensed educators under Subsection (1) to the [
8147 accordance with rules established by the [
8148 Section 221. Section 53G-11-407 is amended to read:
8149 53G-11-407. Update criminal background check rules and policies.
8150 On or before September 1, 2015:
8151 (1) the [
8152
8153 (2) an LEA shall update the LEA's criminal background check policies consistent with
8154 this part.
8155 Section 222. Section 53G-11-408 is amended to read:
8156 53G-11-408. Training provided to authorized entities.
8157 The [
8158 training to authorized entities on the provisions of this part.
8159 Section 223. Section 53G-11-501 is amended to read:
8160 53G-11-501. Definitions.
8161 As used in this part:
8162 (1) "Administrator" means an individual who supervises educators and holds an
8163 appropriate license issued by the [
8164 (2) "Career educator" means a licensed employee who has a reasonable expectation of
8165 continued employment under the policies of a local school board.
8166 (3) "Career employee" means an employee of a school district who has obtained a
8167 reasonable expectation of continued employment based upon Section 53G-11-503 and an
8168 agreement with the employee or the employee's association, district practice, or policy.
8169 (4) "Contract term" or "term of employment" means the period of time during which an
8170 employee is engaged by the school district under a contract of employment, whether oral or
8171 written.
8172 (5) "Dismissal" or "termination" means:
8173 (a) termination of the status of employment of an employee;
8174 (b) failure to renew or continue the employment contract of a career employee beyond
8175 the then-current school year;
8176 (c) reduction in salary of an employee not generally applied to all employees of the
8177 same category employed by the school district during the employee's contract term; or
8178 (d) change of assignment of an employee with an accompanying reduction in pay,
8179 unless the assignment change and salary reduction are agreed to in writing.
8180 (6) "Educator" means an individual employed by a school district who is required to
8181 hold a professional license issued by the [
8182 (a) a superintendent; or
8183 (b) an individual who works less than [
8184 than half of a school year.
8185 (7) (a) "Employee" means a career or provisional employee of a school district, except
8186 as provided in Subsection (7)(b).
8187 (b) Excluding Section 53G-11-518, for purposes of this part, "employee" does not
8188 include:
8189 (i) a district superintendent or the equivalent at the Utah Schools for the Deaf and the
8190 Blind;
8191 (ii) a district business administrator or the equivalent at the Utah Schools for the Deaf
8192 and the Blind; or
8193 (iii) a temporary employee.
8194 (8) "Last-hired, first-fired layoff policy" means a staff reduction policy that mandates
8195 the termination of an employee who started to work for a district most recently before
8196 terminating a more senior employee.
8197 [
8198
8199
8200 [
8201 has not achieved status as a career educator within the school district.
8202 [
8203 or a temporary employee, who is employed by a school district.
8204 [
8205 Utah Schools for the Deaf and the Blind, the [
8206 [
8207 (a) a public school district; or
8208 (b) the Utah Schools for the Deaf and the Blind.
8209 [
8210 educator's performance during a school year and that is used to make decisions related to the
8211 educator's employment.
8212 [
8213 temporary basis as defined by policies adopted by the [
8214 the class of employees in question is represented by an employee organization recognized by
8215 the [
8216 agreement with that organization. Temporary employees serve at will and have no expectation
8217 of continued employment.
8218 [
8219 tasks that may be:
8220 (i) due to insufficient or undeveloped skills or a lack of knowledge or aptitude; and
8221 (ii) remediated through training, study, mentoring, or practice.
8222 (b) "Unsatisfactory performance" does not include the following conduct that is
8223 designated as a cause for termination under Section 53G-11-512 or a reason for license
8224 discipline by the [
8225 Advisory Commission:
8226 (i) a violation of work [
8227 (ii) a violation of [
8228 rules, or law;
8229 (iii) a violation of standards of ethical, moral, or professional conduct; or
8230 (iv) insubordination.
8231 Section 224. Section 53G-11-501.5 is amended to read:
8232 53G-11-501.5. Legislative findings.
8233 (1) The Legislature finds that the effectiveness of public educators can be improved
8234 and enhanced by providing specific feedback and support for improvement through a
8235 systematic, fair, and competent annual evaluation and remediation of public educators whose
8236 performance is inadequate.
8237 (2) The [
8238 implement Sections 53G-11-501, 53G-11-506, 53G-11-507, 53G-11-508, 53G-11-509,
8239 53G-11-510, and 53G-11-511 in accordance with Subsections 53E-2-302(7) and
8240 53E-6-103(2)(a) and (b), to:
8241 (a) allow the educator and the school district to promote the professional growth of the
8242 educator; and
8243 (b) identify and encourage quality instruction in order to improve student academic
8244 growth.
8245 Section 225. Section 53G-11-504 is amended to read:
8246 53G-11-504. Evaluation of employee performance.
8247 (1) Except as provided in Subsection (2), a local school board shall require that the
8248 performance of each school district employee be evaluated annually in accordance with rules of
8249 the [
8250
8251 (2) Rules adopted by the [
8252 may include an exemption from annual performance evaluations for a temporary employee or a
8253 part-time employee.
8254 Section 226. Section 53G-11-505 is amended to read:
8255 53G-11-505. State board rules -- Reporting to Legislature.
8256 (1) Subject to Sections 53G-11-506, 53G-11-507, 53G-11-508, 53G-11-509,
8257 53G-11-510, and 53G-11-511, rules adopted by the [
8258 under Section 53G-11-504 shall:
8259 (a) provide general guidelines, requirements, and procedures for the development and
8260 implementation of employee evaluations;
8261 (b) establish required components and allow for optional components of employee
8262 evaluations;
8263 (c) require school districts to choose valid and reliable methods and tools to implement
8264 the evaluations; and
8265 (d) establish a timeline for school districts to implement employee evaluations.
8266 (2) The [
8267 Committee, as requested, on progress in implementing employee evaluations in accordance
8268 with this section and Sections 53G-11-504, 53G-11-506, 53G-11-507, 53G-11-508,
8269 53G-11-509, 53G-11-510, and 53G-11-511.
8270 Section 227. Section 53G-11-506 is amended to read:
8271 53G-11-506. Establishment of educator evaluation program -- Joint committee.
8272 (1) A local school board shall develop an educator evaluation program in consultation
8273 with its joint committee.
8274 (2) The joint committee described in Subsection (1) shall consist of an equal number of
8275 classroom teachers, parents, and administrators appointed by the local school board.
8276 (3) A local school board may appoint members of the joint committee from a list of
8277 nominees:
8278 (a) voted on by classroom teachers in a nomination election;
8279 (b) voted on by the administrators in a nomination election; and
8280 (c) of parents submitted by school community councils within the district.
8281 (4) Subject to Subsection (5), the joint committee may:
8282 (a) adopt or adapt an evaluation program for educators based on a model developed by
8283 the [
8284 (b) create the local school board's own evaluation program for educators.
8285 (5) The evaluation program developed by the joint committee shall comply with the
8286 requirements of Sections 53G-11-507 through 53G-11-511 and rules adopted by the [
8287
8288 Section 228. Section 53G-11-507 is amended to read:
8289 53G-11-507. Components of educator evaluation program.
8290 (1) A local school board in consultation with a joint committee established in Section
8291 53G-11-506 shall adopt a reliable and valid educator evaluation program that evaluates
8292 educators based on educator professional standards established by the [
8293
8294 (a) a systematic annual evaluation of all provisional, probationary, and career
8295 educators;
8296 (b) use of multiple lines of evidence, including:
8297 (i) self-evaluation;
8298 (ii) student and parent input;
8299 (iii) for an administrator, employee input;
8300 (iv) a reasonable number of supervisor observations to ensure adequate reliability;
8301 (v) evidence of professional growth and other indicators of instructional improvement
8302 based on educator professional standards established by the [
8303 board; and
8304 (vi) student academic growth data;
8305 (c) a summative evaluation that differentiates among four levels of performance; and
8306 (d) for an administrator, the effectiveness of evaluating employee performance in a
8307 school or school district for which the administrator has responsibility.
8308 (2) (a) An educator evaluation program described in Subsection (1) may include a
8309 reasonable number of peer observations.
8310 (b) An educator evaluation program described in Subsection (1) may not use
8311 end-of-level assessment scores in educator evaluation.
8312 Section 229. Section 53G-11-508 is amended to read:
8313 53G-11-508. Summative evaluation timelines -- Review of summative evaluations.
8314 (1) The person responsible for administering an educator's summative evaluation shall:
8315 (a) at least 15 days before an educator's first evaluation:
8316 (i) notify the educator of the evaluation process; and
8317 (ii) give the educator a copy of the evaluation instrument, if an instrument is used;
8318 (b) allow the educator to respond to any part of the evaluation;
8319 (c) attach the educator's response to the evaluation if the educator's response is
8320 provided in writing;
8321 (d) within 15 days after the evaluation process is completed, discuss the written
8322 evaluation with the educator; and
8323 (e) based upon the educator's performance, assign to the educator one of the four levels
8324 of performance described in Section 53G-11-507.
8325 (2) An educator who is not satisfied with a summative evaluation may request a review
8326 of the evaluation within 15 days after receiving the written evaluation.
8327 (3) (a) If a review is requested in accordance with Subsection (2), the school district
8328 superintendent or the superintendent's designee shall appoint a person not employed by the
8329 school district who has expertise in teacher or personnel evaluation to review the evaluation
8330 procedures and make recommendations to the superintendent regarding the educator's
8331 summative evaluation.
8332 (b) [
8333
8334 independent review of an educator's summative evaluation.
8335 (c) A review of an educator's summative evaluation under Subsection (3)(a) shall be
8336 conducted in accordance with [
8337 Subsection (3)(b).
8338 Section 230. Section 53G-11-510 is amended to read:
8339 53G-11-510. State board to describe a framework for the evaluation of educators.
8340 (1) [
8341
8342 (a) describing a framework for the evaluation of educators that is consistent with the
8343 requirements of Part 3, Licensed Employee Requirements, and Sections 53G-11-506,
8344 53G-11-507, 53G-11-508, 53G-11-509, 53G-11-510, and 53G-11-511; and
8345 (b) requiring an educator's summative evaluation to be based on:
8346 (i) educator professional standards established by the [
8347 board; and
8348 (ii) the requirements described in Subsection 53G-11-507(1).
8349 (2) The rules described in Subsection (1) shall prohibit the use of end-of-level
8350 assessment scores in educator evaluation.
8351 Section 231. Section 53G-11-511 is amended to read:
8352 53G-11-511. Report of performance levels.
8353 (1) A school district shall report to the [
8354 number and percent of educators in each of the four levels of performance assigned under
8355 Section 53G-11-508.
8356 (2) The data reported under Subsection (1) shall be separately reported for the
8357 following educator classifications:
8358 (a) administrators;
8359 (b) teachers, including separately reported data for provisional teachers and career
8360 teachers; and
8361 (c) other classifications or demographics of educators as determined by the [
8362
8363 (3) The state superintendent shall include the data reported by school districts under
8364 this section in the state superintendent's annual report of the public school system required by
8365 Section 53E-3-301.
8366 (4) [
8367
8368 protection of individual evaluation data.
8369 Section 232. Section 53G-11-512 is amended to read:
8370 53G-11-512. Local school board to establish dismissal procedures.
8371 (1) A local school board shall, by contract with its employees or their associations, or
8372 by resolution of the local school board, establish procedures for dismissal of employees in an
8373 orderly manner without discrimination.
8374 (2) The procedures shall include:
8375 (a) standards of due process;
8376 (b) causes for dismissal; and
8377 (c) procedures and standards related to developing and implementing a plan of
8378 assistance for a career employee whose performance is unsatisfactory.
8379 (3) Procedures and standards for a plan of assistance adopted under Subsection (2)(c)
8380 shall require a plan of assistance to identify:
8381 (a) specific, measurable, and actionable deficiencies;
8382 (b) the available resources provided for improvement; and
8383 (c) a course of action to improve employee performance.
8384 (4) If a career employee exhibits both unsatisfactory performance as described in
8385 Subsection 53G-11-501(16)(a) and conduct described in Subsection 53G-11-501(16)(b), an
8386 employer:
8387 (a) may:
8388 (i) attempt to remediate the conduct of the career employee; or
8389 (ii) terminate the career employee for cause if the conduct merits dismissal consistent
8390 with procedures established by the local school board; and
8391 (b) is not required to develop and implement a plan of assistance for the career
8392 employee, as provided in Section 53G-11-514.
8393 (5) If the conduct of a career employee described in Subsection (4) is satisfactorily
8394 remediated, and unsatisfactory performance issues remain, an employer shall develop and
8395 implement a plan of assistance for the career employee, as provided in Section 53G-11-514.
8396 (6) If the conduct of a career employee described in Subsection (4) is not satisfactorily
8397 remediated, an employer:
8398 (a) may dismiss the career employee for cause in accordance with procedures
8399 established by the local school board that include standards of due process and causes for
8400 dismissal; and
8401 (b) is not required to develop and implement a plan of assistance for the career
8402 employee, as provided in Section 53G-11-514.
8403 Section 233. Section 53G-11-518 is amended to read:
8404 53G-11-518. State board to make rules on performance compensation.
8405 (1) [
8406
8407 employee compensation system to be aligned with the district's annual evaluation system
8408 described in Section 53G-11-507.
8409 (2) Rules adopted under Subsection (1) shall :
8410 (a) establish a timeline for developing and implementing an employee compensation
8411 system that is aligned with an annual evaluation system; and
8412 (b) provide that beginning no later than the 2016-17 school year:
8413 (i) any advancement on an adopted wage or salary schedule:
8414 (A) shall be based primarily on an evaluation; and
8415 (B) may not be based on end-of-level assessment scores; and
8416 (ii) an employee may not advance on an adopted wage or salary schedule if the
8417 employee's rating on the most recent evaluation is at the lowest level of an evaluation
8418 instrument.
8419 Section 234. Section 63G-2-302 is amended to read:
8420 63G-2-302. Private records.
8421 (1) The following records are private:
8422 (a) records concerning an individual's eligibility for unemployment insurance benefits,
8423 social services, welfare benefits, or the determination of benefit levels;
8424 (b) records containing data on individuals describing medical history, diagnosis,
8425 condition, treatment, evaluation, or similar medical data;
8426 (c) records of publicly funded libraries that when examined alone or with other records
8427 identify a patron;
8428 (d) records received by or generated by or for:
8429 (i) the Independent Legislative Ethics Commission, except for:
8430 (A) the commission's summary data report that is required under legislative rule; and
8431 (B) any other document that is classified as public under legislative rule; or
8432 (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
8433 unless the record is classified as public under legislative rule;
8434 (e) records received by, or generated by or for, the Independent Executive Branch
8435 Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
8436 of Executive Branch Ethics Complaints;
8437 (f) records received or generated for a Senate confirmation committee concerning
8438 character, professional competence, or physical or mental health of an individual:
8439 (i) if, prior to the meeting, the chair of the committee determines release of the records:
8440 (A) reasonably could be expected to interfere with the investigation undertaken by the
8441 committee; or
8442 (B) would create a danger of depriving a person of a right to a fair proceeding or
8443 impartial hearing; and
8444 (ii) after the meeting, if the meeting was closed to the public;
8445 (g) employment records concerning a current or former employee of, or applicant for
8446 employment with, a governmental entity that would disclose that individual's home address,
8447 home telephone number, social security number, insurance coverage, marital status, or payroll
8448 deductions;
8449 (h) records or parts of records under Section 63G-2-303 that a current or former
8450 employee identifies as private according to the requirements of that section;
8451 (i) that part of a record indicating a person's social security number or federal employer
8452 identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
8453 58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
8454 (j) that part of a voter registration record identifying a voter's:
8455 (i) driver license or identification card number;
8456 (ii) social security number, or last four digits of the social security number;
8457 (iii) email address; or
8458 (iv) date of birth;
8459 (k) a voter registration record that is classified as a private record by the lieutenant
8460 governor or a county clerk under Subsection 20A-2-104(4)(f), 20A-2-101.1(5)(a), or
8461 20A-2-204(4)(b);
8462 (l) a record that:
8463 (i) contains information about an individual;
8464 (ii) is voluntarily provided by the individual; and
8465 (iii) goes into an electronic database that:
8466 (A) is designated by and administered under the authority of the Chief Information
8467 Officer; and
8468 (B) acts as a repository of information about the individual that can be electronically
8469 retrieved and used to facilitate the individual's online interaction with a state agency;
8470 (m) information provided to the Commissioner of Insurance under:
8471 (i) Subsection 31A-23a-115(3)(a);
8472 (ii) Subsection 31A-23a-302(4); or
8473 (iii) Subsection 31A-26-210(4);
8474 (n) information obtained through a criminal background check under Title 11, Chapter
8475 40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
8476 (o) information provided by an offender that is:
8477 (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
8478 Offender Registry or Title 77, Chapter 43, Child Abuse Offender Registry; and
8479 (ii) not required to be made available to the public under Subsection 77-41-110(4) or
8480 77-43-108(4);
8481 (p) a statement and any supporting documentation filed with the attorney general in
8482 accordance with Section 34-45-107, if the federal law or action supporting the filing involves
8483 homeland security;
8484 (q) electronic toll collection customer account information received or collected under
8485 Section 72-6-118 and customer information described in Section 17B-2a-815 received or
8486 collected by a public transit district, including contact and payment information and customer
8487 travel data;
8488 (r) an email address provided by a military or overseas voter under Section
8489 20A-16-501;
8490 (s) a completed military-overseas ballot that is electronically transmitted under Title
8491 20A, Chapter 16, Uniform Military and Overseas Voters Act;
8492 (t) records received by or generated by or for the Political Subdivisions Ethics Review
8493 Commission established in Section 63A-15-201, except for:
8494 (i) the commission's summary data report that is required in Section 63A-15-202; and
8495 (ii) any other document that is classified as public in accordance with Title 63A,
8496 Chapter 15, Political Subdivisions Ethics Review Commission;
8497 (u) a record described in [
8498 that a parent was notified of an incident or threat;
8499 (v) a criminal background check or credit history report conducted in accordance with
8500 Section 63A-3-201; and
8501 (w) a record described in Subsection 53-5a-104(7).
8502 (2) The following records are private if properly classified by a governmental entity:
8503 (a) records concerning a current or former employee of, or applicant for employment
8504 with a governmental entity, including performance evaluations and personal status information
8505 such as race, religion, or disabilities, but not including records that are public under Subsection
8506 63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
8507 (b) records describing an individual's finances, except that the following are public:
8508 (i) records described in Subsection 63G-2-301(2);
8509 (ii) information provided to the governmental entity for the purpose of complying with
8510 a financial assurance requirement; or
8511 (iii) records that must be disclosed in accordance with another statute;
8512 (c) records of independent state agencies if the disclosure of those records would
8513 conflict with the fiduciary obligations of the agency;
8514 (d) other records containing data on individuals the disclosure of which constitutes a
8515 clearly unwarranted invasion of personal privacy;
8516 (e) records provided by the United States or by a government entity outside the state
8517 that are given with the requirement that the records be managed as private records, if the
8518 providing entity states in writing that the record would not be subject to public disclosure if
8519 retained by it;
8520 (f) any portion of a record in the custody of the Division of Aging and Adult Services,
8521 created in Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a
8522 person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
8523 (g) audio and video recordings created by a body-worn camera, as defined in Section
8524 77-7a-103, that record sound or images inside a home or residence except for recordings that:
8525 (i) depict the commission of an alleged crime;
8526 (ii) record any encounter between a law enforcement officer and a person that results in
8527 death or bodily injury, or includes an instance when an officer fires a weapon;
8528 (iii) record any encounter that is the subject of a complaint or a legal proceeding
8529 against a law enforcement officer or law enforcement agency;
8530 (iv) contain an officer involved critical incident as defined in Section 76-2-408(1)(d);
8531 or
8532 (v) have been requested for reclassification as a public record by a subject or
8533 authorized agent of a subject featured in the recording.
8534 (3) (a) As used in this Subsection (3), "medical records" means medical reports,
8535 records, statements, history, diagnosis, condition, treatment, and evaluation.
8536 (b) Medical records in the possession of the University of Utah Hospital, its clinics,
8537 doctors, or affiliated entities are not private records or controlled records under Section
8538 63G-2-304 when the records are sought:
8539 (i) in connection with any legal or administrative proceeding in which the patient's
8540 physical, mental, or emotional condition is an element of any claim or defense; or
8541 (ii) after a patient's death, in any legal or administrative proceeding in which any party
8542 relies upon the condition as an element of the claim or defense.
8543 (c) Medical records are subject to production in a legal or administrative proceeding
8544 according to state or federal statutes or rules of procedure and evidence as if the medical
8545 records were in the possession of a nongovernmental medical care provider.
8546 Section 235. Section 63J-1-220 is amended to read:
8547 63J-1-220. Reporting related to pass through money distributed by state
8548 agencies.
8549 (1) As used in this section:
8550 (a) "Local government entity" means a county, municipality, school district, local
8551 district under Title 17B, Limited Purpose Local Government Entities - Local Districts, special
8552 service district under Title 17D, Chapter 1, Special Service District Act, or any other political
8553 subdivision of the state.
8554 (b) (i) "Pass through funding" means money appropriated by the Legislature to a state
8555 agency that is intended to be passed through the state agency to one or more:
8556 (A) local government entities;
8557 (B) private organizations, including not-for-profit organizations; or
8558 (C) persons in the form of a loan or grant.
8559 (ii) "Pass through funding" may be:
8560 (A) general funds, dedicated credits, or any combination of state funding sources; and
8561 (B) ongoing or one-time.
8562 (c) "Recipient entity" means a local government entity or private entity, including a
8563 nonprofit entity, that receives money by way of pass through funding from a state agency.
8564 (d) "State agency" means a department, commission, board, council, agency,
8565 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
8566 unit, bureau, panel, or other administrative unit of the executive branch of the state.
8567 (e) (i) "State money" means money that is owned, held, or administered by a state
8568 agency and derived from state fees or tax revenues.
8569 (ii) "State money" does not include contributions or donations received by a state
8570 agency.
8571 (2) A state agency may not provide a recipient entity state money through pass through
8572 funding unless:
8573 (a) the state agency enters into a written agreement with the recipient entity; and
8574 (b) the written agreement described in Subsection (2)(a) requires the recipient entity to
8575 provide the state agency:
8576 (i) a written description and an itemized report at least annually detailing the
8577 expenditure of the state money, or the intended expenditure of any state money that has not
8578 been spent; and
8579 (ii) a final written itemized report when all the state money is spent.
8580 (3) A state agency shall provide to the Governor's Office of Management and Budget a
8581 copy of a written description or itemized report received by the state agency under Subsection
8582 (2).
8583 (4) Notwithstanding Subsection (2), a state agency is not required to comply with this
8584 section to the extent that the pass through funding is issued:
8585 (a) under a competitive award process;
8586 (b) in accordance with a formula enacted in statute;
8587 (c) in accordance with a state program under parameters in statute or rule that guides
8588 the distribution of the pass through funding; or
8589 (d) under the authority of the [
8590 as defined in [
8591 Section 236. Revisor instructions.
8592 The Legislature intends that the Office of Legislative Research and General Counsel, in
8593 preparing the Utah Code database for publication, not enroll this bill if H.B. 27, Public
8594 Education Definitions Amendments, does not pass.