Section 1, Section 49-11-205 is amended to read:49-11-205. Membership Council established -- Members -- Chair -- Duties -- Expenses and per diem.(1)There is established a A Membership Council is established to perform the duties under Subsection (5).(2)The Membership Council shall be composed of 15 council members selected as follows:(a)three council members shall be school employees selected by the governing board of an association representative of a majority of school employees who are members of a system administered by the board;(b)one council member shall be a classified school employeean education support professional selected by the governing board of the association representative of a majority of classified school employeeseducation support professionals who are members of a system administered by the board;(c)two council members shall be public employees selected by the governing board of the association representative of a majority of the public employees who are members of a system administered by the board;(d)one council member shall be a municipal officer or employee selected by the governing board of the association representative of a majority of the municipalities who participate in a system administered by the board;(e)one council member shall be a county officer or employee selected by the governing board of the association representative of a majority of counties who participate in a system administered by the board;(f)one council member shall be a representative of members of the Judges' Noncontributory Retirement System selected by the Judicial Council;(g)one council member shall be a representative of members of the Public Safety Retirement Systems selected by the governing board of the association representative of the majority of peace officers who are members of the Public Safety Retirement Systems;(h)one council member shall be a representative of members of the Firefighters' Retirement System selected by the governing board of the association representative of the majority of paid professional firefighters who are members of the Firefighters' Retirement System;(i)one council member shall be a retiree selected by the governing board of the association representing the largest number of retirees, who are not public education retirees, from the Public Employees' Contributory, Public Employees' Noncontributory, and New Public Employees' Tier II Contributory Retirement Systems;(j)one council member shall be a retiree selected by the governing board of the association representing the largest number of public education retirees;(k)one council member shall be a school business official selected by the governing board of the association representative of a majority of the school business officials from public education employers who participate in a system administered by the board; and(l)one council member shall be a special district officer or employee selected by the governing board of the association representing the largest number of special service districts and special districts who participate in a system administered by the board.(3)(a)Each entity granted authority to select council members under Subsection (2) may also revoke the selection at any time.(b)Each term on the council shall be for a period of four years, subject to Subsection (3)(a).(c)Each term begins on July 1 and expires on June 30.(d)When a vacancy occurs on the council for any reason, the replacement shall be selected for the remainder of the unexpired term.(4)The council shall annually designate one council member as chair.(5)The council shall:(a)recommend to the board and to the Legislature benefits and policies for members of any system or plan administered by the board;(b)recommend procedures and practices to improve the administration of the systems and plans and the public employee relations responsibilities of the board and office;(c)examine the record of all decisions affecting retirement benefits made by a hearing officer under Section 49-11-613;(d)submit nominations to the board for the position of executive director if that position is vacant;(e)advise and counsel with the board and the director on policies affecting members of the various systems administered by the office; and(f)perform other duties assigned to it by the board.(6)A member of the council may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:(a)Section 63A-3-106;(b)Section 63A-3-107; and(c)rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

Section 2, Section 49-12-102 is amended to read:49-12-102. Definitions.As used in this chapter:(1)(a)"Benefits normally provided" means a benefit offered by an employer, including:(i)a leave benefit of any kind;(ii)insurance coverage of any kind if the employer pays some or all of the premium for the coverage;(iii)employer contributions to a health savings account, health reimbursement account, health reimbursement arrangement, or medical expense reimbursement plan; and(iv)a retirement benefit of any kind if the employer pays some or all of the cost of the benefit.(b)"Benefits normally provided" does not include:(i)a payment for social security;(ii)workers' compensation insurance;(iii)unemployment insurance;(iv)a payment for Medicare;(v)a payment or insurance required by federal or state law that is similar to a payment or insurance listed in Subsection (1)(b)(i), (ii), (iii), or (iv);(vi)any other benefit that state or federal law requires an employer to provide an employee who would not otherwise be eligible to receive the benefit; or(vii)any benefit that an employer provides an employee in order to avoid a penalty or tax under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148 and the Health Care Education Reconciliation Act of 2010, Pub. L. No. 111-152, and related federal regulations, including a penalty imposed by Internal Revenue Code, Section 4980H.(2)(a)"Compensation" means the total amount of payments made by a participating employer to a member of this system for services rendered to the participating employer, including:(i)bonuses;(ii)cost-of-living adjustments;(iii)other payments currently includable in gross income and that are subject to social security deductions, including any payments in excess of the maximum amount subject to deduction under social security law;(iv)amounts that the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law; and(v)member contributions.(b)"Compensation" for purposes of this chapter may not exceed the amount allowed under Internal Revenue Code, Section 401(a)(17).(c)"Compensation" does not include:(i)the monetary value of remuneration paid in kind, including a residence or use of equipment;(ii)the cost of any employment benefits paid for by the participating employer;(iii)compensation paid to a temporary employee, an exempt employee, or an employee otherwise ineligible for service credit;(iv)any payments upon termination, including accumulated vacation, sick leave payments, severance payments, compensatory time payments, or any other special payments;(v)any allowances or payments to a member for costs or expenses paid by the participating employer, including automobile costs, uniform costs, travel costs, tuition costs, housing costs, insurance costs, equipment costs, and dependent care costs; or(vi)a teacher salary bonus described in Section 53F-2-513.(d)The executive director may determine if a payment not listed under this Subsection (2) falls within the definition of compensation.(3)(a)"Final average salary" means the amount calculated by averaging the highest five years of annual compensation preceding retirement subject to Subsections (3)(b), (c), (d), (e), and (f).(b)Except as provided in Subsection (3)(c), the percentage increase in annual compensation in any one of the years used may not exceed the previous year's compensation by more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power of the dollar during the previous year, as measured by a United States Bureau of Labor Statistics Consumer Price Index average as determined by the board.(c)In cases where the participating employer provides acceptable documentation to the office, the limitation in Subsection (3)(b) may be exceeded if:(i)the member has transferred from another agency; or(ii)the member has been promoted to a new position.(d)If the member retires more than six months from the date of termination of employment, the member is considered to have been in service at the member's last rate of pay from the date of the termination of employment to the effective date of retirement for purposes of computing the member's final average salary only.(e)If the member has less than five years of service credit in this system, final average salary means the average annual compensation paid to the member during the full period of service credit.(f)The annual compensation used to calculate final average salary shall be based on a period, as determined by the board, consistent with the period used to determine years of service credit in accordance with Subsection (7).(4)"Participating employer" means an employer that meets the participation requirements of Sections 49-12-201 and 49-12-202.(5)(a)"Regular full-time employee" means an employee:(i)whose term of employment for a participating employer contemplates continued employment during a fiscal or calendar year;(ii)whose employment normally requires an average of 20 hours or more per week, except as modified by the board; and(iii)who receives benefits normally provided by the participating employer.(b)"Regular full-time employee" includes:(i)a teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches half-time or more;(ii)a classified school employeean education support professional:(A)who is hired before July 1, 2013; and(B)whose employment normally requires an average of 20 hours per week or more for a participating employer, regardless of benefits provided;(iii)an officer, elective or appointive, who earns $500 or more per month, indexed as of January 1, 1990, as provided in Section 49-12-407;(iv)a faculty member or employee of an institution of higher education who is considered full-time by that institution of higher education; and(v)an individual who otherwise meets the definition of this Subsection (5) who performs services for a participating employer through a professional employer organization or similar arrangement.(c)"Regular full-time employee" does not include a classified school employeean education support professional:(i)(A)who is hired on or after July 1, 2013; and(B)who does not receive benefits normally provided by the participating employer even if the employment normally requires an average of 20 hours per week or more for a participating employer;(ii)(A)who is hired before July 1, 2013;(B)who did not qualify as a regular full-time employee before July 1, 2013;(C)who does not receive benefits normally provided by the participating employer; and(D)whose employment hours are increased on or after July 1, 2013, to require an average of 20 hours per week or more for a participating employer; or(iii)who is a person working on a contract:(A)for the purposes of vocational rehabilitation and the employment and training of people with significant disabilities; and(B)that has been set aside from procurement requirements by the state pursuant to Section 63G-6a-805 or the federal government pursuant to 41 U.S.C. Sec. 8501 et seq.(6)"System" means the Public Employees' Contributory Retirement System created under this chapter.(7)"Years of service credit" means:(a)a period consisting of 12 full months as determined by the board;(b)a period determined by the board, whether consecutive or not, during which a regular full-time employee performed services for a participating employer, including any time the regular full-time employee was absent on a paid leave of absence granted by a participating employer or was absent in the service of the United States government on military duty as provided by this chapter; or(c)the regular school year consisting of not less than eight months of full-time service for a regular full-time employee of an educational institution.

Section 3, Section 49-13-102 is amended to read:49-13-102. Definitions.As used in this chapter:(1)"Benefits normally provided" means the same as that term is defined in Section 49-12-102.(2)(a)"Compensation" means the total amount of payments made by a participating employer to a member of this system for services rendered to the participating employer, including:(i)bonuses;(ii)cost-of-living adjustments;(iii)other payments currently includable in gross income and that are subject to social security deductions, including any payments in excess of the maximum amount subject to deduction under social security law; and(iv)amounts that the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law.(b)"Compensation" for purposes of this chapter may not exceed the amount allowed under Internal Revenue Code, Section 401(a)(17).(c)"Compensation" does not include:(i)the monetary value of remuneration paid in kind, including a residence or use of equipment;(ii)the cost of any employment benefits paid for by the participating employer;(iii)compensation paid to a temporary employee, an exempt employee, or an employee otherwise ineligible for service credit;(iv)any payments upon termination, including accumulated vacation, sick leave payments, severance payments, compensatory time payments, or any other special payments;(v)any allowances or payments to a member for costs or expenses paid by the participating employer, including automobile costs, uniform costs, travel costs, tuition costs, housing costs, insurance costs, equipment costs, and dependent care costs; or(vi)a teacher salary bonus described in Section 53F-2-513.(d)The executive director may determine if a payment not listed under this Subsection (2) falls within the definition of compensation.(3)(a)"Final average salary" means the amount calculated by averaging the highest three years of annual compensation preceding retirement subject to Subsections (3)(b), (c), (d), and (e).(b)Except as provided in Subsection (3)(c), the percentage increase in annual compensation in any one of the years used may not exceed the previous year's compensation by more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power of the dollar during the previous year, as measured by a United States Bureau of Labor Statistics Consumer Price Index average as determined by the board.(c)In cases where the participating employer provides acceptable documentation to the office, the limitation in Subsection (3)(b) may be exceeded if:(i)the member has transferred from another agency; or(ii)the member has been promoted to a new position.(d)If the member retires more than six months from the date of termination of employment and for purposes of computing the member's final average salary only, the member is considered to have been in service at the member's last rate of pay from the date of the termination of employment to the effective date of retirement.(e)The annual compensation used to calculate final average salary shall be based on a period, as determined by the board, consistent with the period used to determine years of service credit in accordance with Subsection (7).(4)"Participating employer" means an employer that meets the participation requirements of Sections 49-13-201 and 49-13-202.(5)(a)"Regular full-time employee" means an employee:(i)whose term of employment for a participating employer contemplates continued employment during a fiscal or calendar year;(ii)whose employment normally requires an average of 20 hours or more per week, except as modified by the board; and(iii)who receives benefits normally provided by the participating employer.(b)"Regular full-time employee" includes:(i)a teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches half time or more;(ii)a classified school employeean education support professional:(A)who is hired before July 1, 2013; and(B)whose employment normally requires an average of 20 hours per week or more for a participating employer, regardless of benefits provided;(iii)an officer, elective or appointive, who earns $500 or more per month, indexed as of January 1, 1990, as provided in Section 49-13-407;(iv)a faculty member or employee of an institution of higher education who is considered full time by that institution of higher education; and(v)an individual who otherwise meets the definition of this Subsection (5) who performs services for a participating employer through a professional employer organization or similar arrangement.(c)"Regular full-time employee" does not include a classified school employeean education support professional:(i)(A)who is hired on or after July 1, 2013; and(B)who does not receive benefits normally provided by the participating employer even if the employment normally requires an average of 20 hours per week or more for a participating employer;(ii)(A)who is hired before July 1, 2013;(B)who did not qualify as a regular full-time employee before July 1, 2013;(C)who does not receive benefits normally provided by the participating employer; and(D)whose employment hours are increased on or after July 1, 2013, to require an average of 20 hours per week or more for a participating employer; or(iii)who is a person working on a contract:(A)for the purposes of vocational rehabilitation and the employment and training of people with significant disabilities; and(B)that has been set aside from procurement requirements by the state pursuant to Section 63G-6a-805 or the federal government pursuant to 41 U.S.C. Sec. 8501 et seq.(6)"System" means the Public Employees' Noncontributory Retirement System.(7)"Years of service credit" means:(a)a period consisting of 12 full months as determined by the board;(b)a period determined by the board, whether consecutive or not, during which a regular full-time employee performed services for a participating employer, including any time the regular full-time employee was absent on a paid leave of absence granted by a participating employer or was absent in the service of the United States government on military duty as provided by this chapter; or(c)the regular school year consisting of not less than eight months of full-time service for a regular full-time employee of an educational institution.

Section 4, Section 49-22-102 is amended to read:49-22-102. Definitions.As used in this chapter:(1)"Benefits normally provided" means the same as that term is defined in Section 49-12-102.(2)(a)"Compensation" means the total amount of payments made by a participating employer to a member of this system for services rendered to the participating employer, including:(i)bonuses;(ii)cost-of-living adjustments;(iii)other payments currently includable in gross income and that are subject to social security deductions, including any payments in excess of the maximum amount subject to deduction under social security law;(iv)amounts that the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law; and(v)member contributions.(b)"Compensation" for purposes of this chapter may not exceed the amount allowed under Internal Revenue Code, Section 401(a)(17).(c)"Compensation" does not include:(i)the monetary value of remuneration paid in kind, including a residence or use of equipment;(ii)the cost of any employment benefits paid for by the participating employer;(iii)compensation paid to a temporary employee or an employee otherwise ineligible for service credit;(iv)any payments upon termination, including accumulated vacation, sick leave payments, severance payments, compensatory time payments, or any other special payments;(v)any allowances or payments to a member for costs or expenses paid by the participating employer, including automobile costs, uniform costs, travel costs, tuition costs, housing costs, insurance costs, equipment costs, and dependent care costs; or(vi)a teacher salary bonus described in Section 53F-2-513.(d)The executive director may determine if a payment not listed under this Subsection (2) falls within the definition of compensation.(3)"Corresponding Tier I system" means the system or plan that would have covered the member if the member had initially entered employment before July 1, 2011.(4)(a)"Final average salary" means the amount calculated by averaging the highest five years of annual compensation preceding retirement subject to Subsections (4)(b), (c), (d), (e), and (f).(b)Except as provided in Subsection (4)(c), the percentage increase in annual compensation in any one of the years used may not exceed the previous year's compensation by more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power of the dollar during the previous year, as measured by a United States Bureau of Labor Statistics Consumer Price Index average as determined by the board.(c)In cases where the participating employer provides acceptable documentation to the office, the limitation in Subsection (4)(b) may be exceeded if:(i)the member has transferred from another agency; or(ii)the member has been promoted to a new position.(d)If the member retires more than six months from the date of termination of employment, the member is considered to have been in service at the member's last rate of pay from the date of the termination of employment to the effective date of retirement for purposes of computing the member's final average salary only.(e)If the member has less than five years of service credit in this system, final average salary means the average annual compensation paid to the member during the full period of service credit.(f)The annual compensation used to calculate final average salary shall be based on a period, as determined by the board, consistent with the period used to determine years of service credit in accordance with Subsection (8).(5)"Participating employer" means an employer that meets the participation requirements of:(a)Sections 49-12-201 and 49-12-202;(b)Sections 49-13-201 and 49-13-202;(c)Section 49-19-201; or(d)Section 49-22-201 or 49-22-202.(6)(a)"Regular full-time employee" means an employee:(i)whose term of employment for a participating employer contemplates continued employment during a fiscal or calendar year;(ii)whose employment normally requires an average of 20 hours or more per week, except as modified by the board; and(iii)who receives benefits normally provided by the participating employer.(b)"Regular full-time employee" includes:(i)a teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches half time or more;(ii)a classified school employeean education support professional:(A)who is hired before July 1, 2013; and(B)whose employment normally requires an average of 20 hours per week or more for a participating employer, regardless of benefits provided;(iii)an appointive officer whose appointed position is full time as certified by the participating employer;(iv)the governor, the lieutenant governor, the state auditor, the state treasurer, the attorney general, and a state legislator;(v)an elected official not included under Subsection (6)(b)(iv) whose elected position is full time as certified by the participating employer;(vi)a faculty member or employee of an institution of higher education who is considered full time by that institution of higher education; and(vii)an individual who otherwise meets the definition of this Subsection (6) who performs services for a participating employer through a professional employer organization or similar arrangement.(c)"Regular full-time employee" does not include:(i)a firefighter service employee as defined in Section 49-23-102;(ii)a public safety service employee as defined in Section 49-23-102;(iii)a classified school employeean education support professional:(A)who is hired on or after July 1, 2013; and(B)who does not receive benefits normally provided by the participating employer even if the employment normally requires an average of 20 hours per week or more for a participating employer;(iv)a classified school employeean education support professional:(A)who is hired before July 1, 2013;(B)who did not qualify as a regular full-time employee before July 1, 2013;(C)who does not receive benefits normally provided by the participating employer; and(D)whose employment hours are increased on or after July 1, 2013, to require an average of 20 hours per week or more for a participating employer; or(E)who is a person working on a contract:(I)for the purposes of vocational rehabilitation and the employment and training of people with significant disabilities; and(II)that has been set aside from procurement requirements by the state pursuant to Section 63G-6a-805 or the federal government pursuant to 41 U.S.C. Sec. 8501 et seq.(7)"System" means the New Public Employees' Tier II Contributory Retirement System created under this chapter.(8)"Years of service credit" means:(a)a period consisting of 12 full months as determined by the board;(b)a period determined by the board, whether consecutive or not, during which a regular full-time employee performed services for a participating employer, including any time the regular full-time employee was absent on a paid leave of absence granted by a participating employer or was absent in the service of the United States government on military duty as provided by this chapter; or(c)the regular school year consisting of not less than eight months of full-time service for a regular full-time employee of an educational institution.

Section 5, Section 53E-1-203 is amended to read:53E-1-203. State Superintendent's Annual Report.(1)The state board shall prepare and submit to the governor, the Education Interim Committee, and the Public Education Appropriations Subcommittee, by January 15 of each year, an annual written report known as the State Superintendent's Annual Report that includes:(a)the operations, activities, programs, and services of the state board;(b)subject to Subsection (4)(b), all reports listed in Subsection (4)(a); and(c)data on the general condition of the schools with recommendations considered desirable for specific programs, including:(i)a complete statement of fund balances;(ii)a complete statement of revenues by fund and source;(iii)a complete statement of adjusted expenditures by fund, the status of bonded indebtedness, the cost of new school plants, and school levies;(iv)a complete statement of state funds allocated to each school district and charter school by source, including supplemental appropriations, and a complete statement of expenditures by each school district and charter school, including supplemental appropriations, by function and object as outlined in the United States Department of Education publication "Financial Accounting for Local and State School Systems";(v)a statement that includes data on:(A)fall enrollments;(B)average membership;(C)high school graduates;(D)licensed and classified employeesall employees, including data reported by school districts on educator ratings described in Section 53G-11-511;(E)pupil-teacher ratios;(F)average class sizes;(G)average salaries;(H)applicable private school data; and(I)data from statewide assessments described in Section 53E-4-301 for each school and school district;(vi)statistical information for each school district and charter school regarding:(A)student attendance by grade level;(B)the percentage of students chronically absent;(C)the percentage of student excused absences; and(D)the percentage of student unexcused absences;(vii)statistical information regarding incidents of delinquent activity in the schools, at school-related activities, on school buses, and at school bus stops; and(viii)other statistical and financial information about the school system that the state superintendent considers pertinent.(2)(a)For the purposes of Subsection (1)(c)(v):(i)the pupil-teacher ratio for a school shall be calculated by dividing the number of students enrolled in a school by the number of full-time equivalent teachers assigned to the school, including regular classroom teachers, school-based specialists, and special education teachers;(ii)the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of the schools within a school district;(iii)the pupil-teacher ratio for charter schools aggregated shall be the median pupil-teacher ratio of charter schools in the state; and(iv)the pupil-teacher ratio for the state's public schools aggregated shall be the median pupil-teacher ratio of public schools in the state.(b)The report shall:(i)include the pupil-teacher ratio for:(A)each school district;(B)the charter schools aggregated; and(C)the state's public schools aggregated; and(ii)identify a website where pupil-teacher ratios for each school in the state may be accessed.(3)For each operation, activity, program, or service provided by the state board, the annual report shall include:(a)a description of the operation, activity, program, or service;(b)data and metrics:(i)selected and used by the state board to measure progress, performance, effectiveness, and scope of the operation, activity, program, or service, including summary data; and(ii)that are consistent and comparable for each state operation, activity, program, or service;(c)budget data, including the amount and source of funding, expenses, and allocation of full-time employees for the operation, activity, program, or service;(d)historical data from previous years for comparison with data reported under Subsections (3)(b) and (c);(e)goals, challenges, and achievements related to the operation, activity, program, or service;(f)relevant federal and state statutory references and requirements;(g)contact information of officials knowledgeable and responsible for each operation, activity, program, or service; and(h)other information determined by the state board that:(i)may be needed, useful, or of historical significance; or(ii)promotes accountability and transparency for each operation, activity, program, or service with the public and elected officials.(4)(a)Except as provided in Subsection (4)(b), the annual report shall also include:(i)the report described in Section 53E-3-507 by the state board on career and technical education needs and program access;(ii)the report described in Section 53E-3-515 by the state board on the Hospitality and Tourism Management Career and Technical Education Pilot Program;(iii)the report described in Section 53E-3-516 by the state board on certain incidents that occur on school grounds;(iv)the report described in Section 53E-4-202 by the state board on the development and implementation of the core standards for Utah public schools;(v)the report described in Section 53E-5-310 by the state board on school turnaround and leadership development;(vi)the report described in Section 53E-10-308 by the state board and Utah Board of Higher Education on student participation in the concurrent enrollment program;(vii)the report described in Section 53F-5-506 by the state board on information related to personalized, competency-based learning; and(viii)the report described in Section 53G-9-802 by the state board on dropout prevention and recovery services.(b)The Education Interim Committee or the Public Education Appropriations Subcommittee may request a report described in Subsection (4)(a) to be reported separately from the State Superintendent's Annual Report.(5)The annual report shall be designed to provide clear, accurate, and accessible information to the public, the governor, and the Legislature.(6)The state board shall:(a)submit the annual report in accordance with Section 68-3-14; and(b)make the annual report, and previous annual reports, accessible to the public by placing a link to the reports on the state board's website.(7)(a)Upon request of the Education Interim Committee or Public Education Appropriations Subcommittee, the state board shall present the State Superintendent's Annual Report to either committee.(b)After submitting the State Superintendent's Annual Report in accordance with this section, the state board may supplement the report at a later time with updated data, information, or other materials as necessary or upon request by the governor, the Education Interim Committee, or the Public Education Appropriations Subcommittee.

Section 6, Section 53G-10-402 is amended to read:53G-10-402. Instruction in health -- Parental consent requirements -- Conduct and speech of school employees and volunteers -- Political and religious doctrine prohibited. (1)As used in this section:(a)"LEA governing board" means a local school board or charter school governing board.(b)"Refusal skills" means instruction:(i)in a student's ability to clearly and expressly refuse sexual advances by a minor or adult;(ii)in a student's obligation to stop the student's sexual advances if refused by another individual;(iii)informing a student of the student's right to report and seek counseling for unwanted sexual advances;(iv)in sexual harassment; and(v)informing a student that a student may not consent to criminally prohibited activities or activities for which the student is legally prohibited from giving consent, including the electronic transmission of sexually explicit images by an individual of the individual or another.(2)(a)The state board shall establish curriculum requirements under Section 53E-3-501 that include instruction in:(i)community and personal health;(ii)physiology;(iii)personal hygiene;(iv)prevention of communicable disease;(v)refusal skills; and(vi)the harmful effects of pornography.(b)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules that, and instruction shall:(i)stress the importance of abstinence from all sexual activity before marriage and fidelity after marriage as methods for preventing certain communicable diseases;(ii)stress personal skills that encourage individual choice of abstinence and fidelity;(iii)prohibit instruction in:(A)the intricacies of intercourse, sexual stimulation, or erotic behavior;(B)the advocacy of premarital or extramarital sexual activity; or(C)the advocacy or encouragement of the use of contraceptive methods or devices; and(iv)except as provided in Subsection (2)(d), allow instruction to include information about contraceptive methods or devices that stresses effectiveness, limitations, risks, and information on state law applicable to minors obtaining contraceptive methods or devices.(c)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules for an LEA governing board that adopts instructional materials under Subsection (2)(g)(ii) that:(i)require the LEA governing board to report on the materials selected and the LEA governing board's compliance with Subsection (2)(h); and(ii)provide for an appeal and review process of the LEA governing board's adoption of instructional materials.(d)The state board may not require an LEA to teach or adopt instructional materials that include information on contraceptive methods or devices.(e)(i)At no time may instruction be provided, including responses to spontaneous questions raised by students, regarding any means or methods that facilitate or encourage the violation of any state or federal criminal law by a minor or an adult.(ii)Subsection (2)(e)(i) does not preclude an instructor from responding to a spontaneous question as long as the response is consistent with the provisions of this section.(f)The state board shall recommend instructional materials for use in the curricula required under Subsection (2)(a).(g)An LEA governing board may choose to adopt:(i)the instructional materials recommended under Subsection (2)(f); or(ii)other instructional materials in accordance with Subsection (2)(h).(h)An LEA governing board that adopts instructional materials under Subsection (2)(g)(ii) shall:(i)ensure that the materials comply with state law and board rules;(ii)base the adoption of the materials on the recommendations of the LEA governing board's Curriculum Materials Review Committee; (iii)adopt the instructional materials in an open and regular meeting of the LEA governing board for which prior notice is given to parents of students who attend the respective schools; and (iv)give parents an opportunity to express the parents' views and opinions on the materials at the meeting described in Subsection (2)(h)(iii).(3)(a)A student shall receive instruction in the courses described in Subsection (2) on at least two occasions during the period that begins with the beginning of grade 8 and the end of grade 12.(b)At the request of the state board, the Department of Health and Human Services shall cooperate with the state board in developing programs to provide instruction in those areas.(4)(a)The state board shall adopt rules that:(i)provide that the parental consent requirements of Sections 76-7-322 and 76-7-323 are complied with; and(ii)require a student's parent to be notified in advance and have an opportunity to review the information for which parental consent is required under Sections 76-7-322 and 76-7-323.(b)The state board shall also provide procedures for disciplinary action for violation of Section 76-7-322 or 76-7-323.(5)(a)In keeping with the requirements of Section 53G-10-204, and because school employees and volunteers serve as examples to students, school employees or volunteers acting in an official capacity may not support or encourage criminal conduct by students, teachers, or volunteers.(b)To ensure the effective performance of school personnel, the limitations described in Subsection (5)(a) also apply to a school employee or volunteer acting outside of the school employee's or volunteer's official capacity if:(i)the employee or volunteer knew or should have known that the employee's or volunteer's action could result in a material and substantial interference or disruption in the normal activities of the school; and(ii)that action does result in a material and substantial interference or disruption in the normal activities of the school.(c)The state board or an LEA governing board may not allow training of school employees or volunteers that support or encourage criminal conduct.(d)The state board shall adopt, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, rules implementing this section.(e)Nothing in this section limits the ability or authority of the state board or an LEA governing board to enact and enforce rules or take actions that are otherwise lawful, regarding an educator's, employee's, or volunteer's qualifications or behavior evidencing unfitness for duty.(6)Except as provided in Section 53G-10-202, political, atheistic, sectarian, religious, or denominational doctrine may not be taught in the public schools.(7)(a)An LEA governing board and an LEA governing board's employees shall cooperate and share responsibility in carrying out the purposes of this chapter.(b)An LEA governing board shall provide appropriate professional development for the LEA governing board's teachers, counselors, and school administrators to enable the teachers, counselors, and school administrators to understand, protect, and properly instruct students in the values and character traits referred to in this section and Sections 53E-9-202, 53E-9-203, 53G-10-202, 53G-10-203, 53G-10-204, and 53G-10-205, and distribute appropriate written materials on the values, character traits, and conduct to each individual receiving the professional development.(c)An LEA governing board shall make the written materials described in Subsection (7)(b) available to classified employeeseducation support professionals, students, and students' parents.(d)In order to assist an LEA governing board in providing the professional development required under Subsection (7)(b), the state board shall, as appropriate, contract with a qualified individual or entity possessing expertise in the areas referred to in Subsection (7)(b) to develop and disseminate model teacher professional development programs that an LEA governing board may use to train the individuals referred to in Subsection (7)(b) to effectively teach the values and qualities of character referenced in Subsection (7)(b).(e)In accordance with the provisions of Subsection (5)(c), professional development may not support or encourage criminal conduct.(8)An LEA governing board shall review every two years:(a)LEA governing board policies on instruction described in this section;(b)for a local school board, data for each county that the school district is located in, or, for a charter school governing board, data for the county in which the charter school is located, on the following:(i)teen pregnancy;(ii)child sexual abuse; and(iii)sexually transmitted diseases and sexually transmitted infections; and(c)the number of pornography complaints or other instances reported within the jurisdiction of the LEA governing board.(9)If any one or more provision, subsection, sentence, clause, phrase, or word of this section, or the application thereof to any person or circumstance, is found to be unconstitutional, the balance of this section shall be given effect without the invalid provision, subsection, sentence, clause, phrase, or word.

Section 7, Section 53G-11-205 is amended to read:53G-11-205. Education employee associations -- Equal participation -- Prohibition on endorsement or preferential treatment -- Naming of school breaks.(1)As used in this section:(a)"Education employee association" includes teacher associations, teacher unions, teacher organizations, and classified education employees'education support professionals' associations.(b)"School" means a school district, a school in a school district, a charter school, or the state board and its employees.(2)A school shall allow education employee associations equal access to the following activities:(a)distribution of information in or access to teachers' or employees' physical or electronic mailboxes, including email accounts that are provided by the school; and(b)membership solicitation activities at new teacher or employee orientation training or functions.(3)If a school permits an education employee association to engage in any of the activities described in Subsection (2), the school shall permit all other education employee associations to engage in the activity on the same terms and conditions afforded to the education employee association.(4)It is unlawful for a school to:(a)establish or maintain structures, procedures, or policies that favor one education employee association over another or otherwise give preferential treatment to an education employee association; or(b)explicitly or implicitly endorse any education employee association.(5)A school's calendars and publications may not include or refer to the name of any education employee association in relation to any day or break in the school calendar.

Section 8, Section 53G-11-519 is amended to read:53G-11-519. Utah Recognizing Inspiring School Employees Award.(1)As used in this section:(a)"Association" means the governing board of the association that represents a majority of classified school employeeseducation support professionals employed in the state.(b)"Classified school employee""Education support professional" means the same as that term isa classified employee defined in the Recognizing Achievement in Classified School Employees Act, 20 U.S.C. Sec. 6682.(c)"Eligible individual" means a classified school employeean education support professional who meets the eligibility requirements to be a nominee for the Recognizing Achievement in Classified School Employees Act, 20 U.S.C. Sec. 6681 et seq.(2)(a)In accordance with the Recognizing Achievement in Classified School Employees Act, 20 U.S.C. Sec. 6681 et seq., the governor shall annually nominate a classified school employeean education support professional for the Recognizing Inspiring School Employees Award Program.(b)The governor shall consider submissions from the association in making the nomination described in Subsection (2)(a).(c)The association shall submit a list of eligible individuals to the governor no later than September 1 each year.(3)(a)There is created the Utah Recognizing Inspiring School Employees Award Program to recognize excellence exhibited by public school system employees providing services to students in pre-kindergarten through grade 12.(b)The Utah Recognizing Inspiring School Employees Award shall be awarded to the governor's nominee for the federal Recognizing Inspiring School Employees Award Program under the Recognizing Achievement in Classified School Employees Act, 20 U.S.C. Sec. 6681 et seq.

Section 9. Effective date.This bill takes effect on May 7, 2025.