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First Substitute H.B. 172

Representative Lloyd W. Frandsen proposes to substitute the following bill:


             1     
TEXTBOOKS IN PUBLIC SCHOOLS

             2     
1999 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Lloyd W. Frandsen

             5      AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING THAT TEXTBOOKS SHALL
             6      BE PROVIDED FREE OF CHARGE THROUGH THE EIGHTH GRADE IN THE PUBLIC
             7      SCHOOLS; PROVIDING THAT A REFUNDABLE DEPOSIT MAY BE REQUIRED FOR
             8      DAMAGE TO OR LOSS OF TEXTBOOKS; PROVIDING SCHOOL DISTRICTS WITH $50
             9      FOR EACH STUDENT IN GRADES 7 AND 8 TO ELIMINATE TEXTBOOK FEES IN THOSE
             10      GRADES; MAKING CERTAIN TECHNICAL CHANGES; AND PROVIDING AN EFFECTIVE
             11      DATE.
             12      This act affects sections of Utah Code Annotated 1953 as follows:
             13      AMENDS:
             14          53A-12-201, as enacted by Chapter 2, Laws of Utah 1988
             15          53A-12-204, as last amended by Chapter 174, Laws of Utah 1997
             16      This act enacts uncodified material.
             17      Be it enacted by the Legislature of the state of Utah:
             18          Section 1. Section 53A-12-201 is amended to read:
             19           53A-12-201. State policy on providing textbooks.
             20          (1) It is the public policy of this state that public education shall be free.
             21          (2) A student may not be denied an education because of economic inability to purchase
             22      textbooks necessary for advancement in or graduation from the public school system.
             23          [(3) A] (3) Beginning July 1, 1999, a school board may not sell textbooks or otherwise
             24      charge textbook fees or deposits except as provided in Title 53A, Chapter 12, Part 2, Textbooks.
             25          Section 2. Section 53A-12-204 is amended to read:


             26           53A-12-204. Purchase of textbooks by local school board -- State board approval --
             27      Free textbooks -- Textbooks provided to teachers.
             28          (1) A local school board, under rules adopted by the State Board of Education, may
             29      purchase textbooks approved by the state board for use in the public schools directly from the
             30      publisher at prices and terms approved by the state board and may sell those books to pupils in
             31      grades nine through 12 at a cost not to exceed the actual cost of the book plus costs of
             32      transportation and handling.
             33          (2) (a) Each school board[, however,] shall provide, free of charge, textbooks and
             34      workbooks required for courses of instruction for each [child] student attending public schools
             35      whose parent or guardian is financially unable to purchase them.
             36          (b) (i) The school board may require a refundable textbook deposit in grades 7 through 12
             37      to offset costs associated with lost or damaged textbooks.
             38          (ii) Each school board that requires a textbook deposit under Subsection (2)(b)(i) shall
             39      provide for a refund of the deposit at the conclusion of the school year under rules adopted by the
             40      State Board of Education.
             41          (3) [Children] Students who are receiving cash assistance under Title 35A, Chapter 3, Part
             42      3, Family Employment Program, supplemental security income, or who are in the custody of the
             43      Division of Child and Family Services within the Department of Human Services are eligible for
             44      free textbooks and workbooks under this section.
             45          (4) The school board shall also purchase all books necessary for teachers to conduct their
             46      classes.
             47          (5) The cost of furnishing textbooks and workbooks may be paid from school operating
             48      funds, the textbook fund, or from other available funds.
             49          (6) Books provided to teachers and [pupils] students without charge or at less than full cost
             50      are paid for out of funds of the district and remain the property of the district.
             51          (7) (a) In school districts that require [pupils] students in grades 9 through 12 to rent books
             52      instead of purchasing them or providing them free of charge, the school board shall waive rental
             53      fees for a [child] student whose parent or guardian is financially unable to pay the rental fee.
             54          (b) The [children] students considered eligible under Subsection (3) are also eligible for
             55      the purposes of this subsection.
             56          Section 3. Elimination of textbook fees in grades 7 and 8 -- Reduction or elimination


             57      of other fees.
             58          (1) (a) For the school year beginning July 1, 1999, each school district shall receive $50
             59      for each student in grades 7 and 8 to eliminate textbook fees in those grades.
             60          (b) Each district's allocation shall be based on the previous year's October 1 student count
             61      in grades 7 and 8, with adjustments for anticipated growth under rules adopted by the State Board
             62      of Education.
             63          (2) If a school district's anticipated textbook fees for the 1999 school year would have been
             64      less than $50 per seventh and eighth grade student, then the district shall use its allocation under
             65      Subsection (1) to eliminate its textbook fees and apply the balance to reduce or eliminate other
             66      anticipated course fees and activity fees that would be charged to seventh and eighth grade students
             67      but for this allocation.
             68          (3) The State Board of Education, in consultation with the state's 40 school districts, shall
             69      make a recommendation prior to December 31, 1999, for consideration by the Legislature that
             70      would incorporate the funding provision in Subsection (1) into Title 53A, Chapter 17a, Minimum
             71      School Program Act, as a line item, with weighted pupil units that take into account growth and
             72      inflation factors.
             73          Section 4. Effective date.
             74          This act takes effect on July 1, 1999.


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