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S.B. 105

             1     

REPEAL OF EDUCATION MANDATES AND

             2     
PROGRAMS

             3     
2002 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Howard A. Stephenson

             6      This act modifies provisions related to the State System of Public Education by eliminating
             7      certain categorical spending programs and mandates on school districts. This act repeals
             8      provisions regarding the distribution and expenditure of educational technology monies for
             9      use by school districts and colleges of education, including matching funds requirements.
             10      This act eliminates the Technology Initiative Project Office and the requirement imposed
             11      upon school districts and colleges of education to prepare an educational technology plan.
             12      This act eliminates the Utah Educational Network (UEN's) responsibility to coordinate
             13      certain educational technology programs. This act repeals the duty of the State Board of
             14      Education to approve career ladder plans but directs the board to require school districts
             15      to report how career ladder monies are spent. This act eliminates certain duties of the State
             16      Board of Education and superintendent of public instruction regarding the planning, design,
             17      and construction of school buildings. This act eliminates a program that provides state
             18      funds to match private funds raised by school districts to enhance educational excellence, a
             19      developmental program for the implementation of an extended school year, the Schools for
             20      the 21st Century Program, and the School Nursing Services Incentive Program. This act
             21      eliminates requirements applicable to the funding and establishment of alternative middle
             22      schools. This act eliminates the requirement that each local school board implement a
             23      program that provides district employees an opportunity to make anonymous suggestions
             24      to the board. This act makes technical corrections. This act takes effect on July 1, 2002.
             25      This act affects sections of Utah Code Annotated 1953 as follows:
             26      AMENDS:
             27          53-7-103, as last amended by Chapter 25, Laws of Utah 2001



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             28
         53A-1-706, as last amended by Chapter 76, Laws of Utah 2000
             29          53A-1-707, as last amended by Chapter 151, Laws of Utah 1999
             30          53A-2-103, as last amended by Chapter 48, Laws of Utah 1988
             31          53A-3-422, as enacted by Chapter 172, Laws of Utah 2001
             32          53A-3-701, as enacted by Chapter 335, Laws of Utah 2001
             33          53A-9-102, as last amended by Chapter 233, Laws of Utah 1988
             33a      S 53A-11-204, as enacted by Chapter 229, Laws of Utah 199 6 s
             34          53A-20-103, as last amended by Chapter 73, Laws of Utah 2001
             35          53B-17-104, as enacted by Chapter 33, Laws of Utah 1995
             36          63-55b-153, as last amended by Chapters 219 and 234, Laws of Utah 2000
             37      ENACTS:
             38          53A-9-106, Utah Code Annotated 1953
             39      REPEALS:
             40          53A-1-701, as last amended by Chapter 259, Laws of Utah 1993
             41          53A-1-702, as last amended by Chapters 86 and 335, Laws of Utah 2001
             42          53A-1-704, as last amended by Chapter 86, Laws of Utah 2001
             43          53A-1-705, as last amended by Chapter 86, Laws of Utah 2001
             44          53A-1a-401, as enacted by Chapter 231, Laws of Utah 1998
             45          53A-1a-402, as enacted by Chapter 231, Laws of Utah 1998
             46          53A-1a-403, as last amended by Chapter 86, Laws of Utah 2001
             47          53A-1a-404, as enacted by Chapter 231, Laws of Utah 1998
             48          53A-3-418, as enacted by Chapter 9, Laws of Utah 1994
             49          53A-4-201, as enacted by Chapter 2, Laws of Utah 1988
             50          53A-4-202, as last amended by Chapter 78, Laws of Utah 1990
             51          53A-4-203, as enacted by Chapter 2, Laws of Utah 1988
             52          53A-4-204, as last amended by Chapter 78, Laws of Utah 1990
             53          53A-9-105, as last amended by Chapter 72, Laws of Utah 1991
             54      S [     53A-11-204, as enacted by Chapter 229, Laws of Utah 1996 ] s
             55          53A-11-909, as enacted by Chapter 25, Laws of Utah 1999
             56          53A-15-103, as enacted by Chapter 115, Laws of Utah 1997
             57          53A-20-102, as last amended by Chapter 10, Laws of Utah 1997
             58      Be it enacted by the Legislature of the state of Utah:



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             59
         Section 1. Section 53-7-103 is amended to read:
             60           53-7-103. State Fire Marshal Division -- Creation -- State fire marshal --
             61      Appointment, qualifications, duties, and compensation.
             62          (1) There is created within the department the State Fire Marshal Division.
             63          (2) (a) The director of the division is the state fire marshal, who shall be appointed by the
             64      commissioner upon the recommendation of the Utah Fire Prevention Board created in Section
             65      53-7-203 and with the approval of the governor.
             66          (b) The state fire marshal is the executive and administrative head of the division, and shall
             67      be qualified by experience and education to enforce rules made under this chapter and perform the
             68      duties prescribed by the commissioner.
             69          (3) The state fire marshal acts under the supervision and control of the commissioner and
             70      may be removed from his position at the will of the commissioner.
             71          (4) The state fire marshal shall:
             72          (a) enforce rules made under this chapter as provided in accordance with Section 53-7-104 ;
             73          (b) complete the duties assigned by the commissioner;
             74          (c) examine plans and specifications for school buildings, as required by Section
             75      53A-20-104 ;
             76          [(d) approve modifications or additions to plans and specifications for school building
             77      construction adopted by the State Board of Education, as required by Section 53A-20-102 ;]
             78          [(e)] (d) approve criteria established by the state superintendent for building inspectors[,
             79      as required by Sections 10-9-106 and 17-27-105] ;
             80          [(f)] (e) promote and support injury prevention public education programs; and
             81          [(g)] (f) perform all other duties provided in this chapter.
             82          (5) The state fire marshal shall receive compensation as provided by Title 67, Chapter 19,
             83      Utah State Personnel Management Act.
             84          Section 2. Section 53A-1-706 is amended to read:
             85           53A-1-706. Purchases of educational technology.
             86          (1) (a) A school district or college of education shall comply with Title 63, Chapter 56, the
             87      Utah Procurement Code, in purchasing technology [under this part], except as otherwise provided
             88      in Subsection (1)(b).
             89          (b) A school district may purchase computers and contract for the repair or refurbishing



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             90
     of computers under the program established in Section 53A-1-707 that involves the Utah
             91      Correctional Industries without going through the bidding or competition procedures outlined in
             92      Title 63, Chapter 56, Part D, Source Selection and Contract Formation.
             93          (2) A school district or college of education may purchase technology through cooperative
             94      purchasing contracts administered by the state Division of Purchasing or through its own
             95      established purchasing program.
             96          Section 3. Section 53A-1-707 is amended to read:
             97           53A-1-707. Pilot program for acquisition of computers -- Appropriation --
             98      Administration of program -- Training and technology center -- Security procedures.
             99          (1) (a) [In order to enhance the educational technology initiative programs authorized
             100      under this chapter, there] There is established a pilot program for the acquisition and refurbishing
             101      of donated computers to be used in the state's public schools.
             102          (b) If economically feasible, the program may also include a component for the building
             103      of new computers.
             104          (c) (i) The Legislature shall provide an appropriation in Title 53A, Chapter 17a, Minimum
             105      School Program Act, for the pilot program to the State Board of Education for the purpose of
             106      funding the program.
             107          (ii) A representative from the board and the Department of Corrections and the governor's
             108      designee shall establish guidelines for distribution of the appropriation.
             109          (iii) The appropriation made under Subsection (1)(c)(i) shall be phased out over the second
             110      and third year of the pilot program so that by the end of the third year the program shall be
             111      economically self-sufficient.
             112          [(d) (i) This pilot program is established to supplement and not supplant the technology
             113      programs authorized and funded pursuant to Sections 53A-1-701 and 53A-1-702 .]
             114          [(ii)] (d) In order for a school district to participate in the pilot program, it must first
             115      demonstrate to the satisfaction of the board a sustained effort to meet its existing technology needs
             116      by providing related support and training.
             117          (2) (a) The State Board of Education and the Department of Corrections shall administer
             118      the program as provided under this section.
             119          (b) The board and department may contract or work with nonprofit organizations to
             120      coordinate the overall program, particularly in the areas of obtaining donated computers and



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             121
     publicizing the program.
             122          (c) The individuals designated in Subsection (1)(c)(ii) shall jointly establish policies for
             123      the program, to include:
             124          (i) the selection of schools to receive computers;
             125          (ii) standards for computers, including warrantees;
             126          (iii) the solicitation of donated computers from the private sector; and
             127          (iv) the equitable distribution of computers to school districts participating in the program.
             128          (d) Charges for computers to school districts shall reflect the need to keep the program
             129      economically viable, taking into account the phase out requirement under Subsection (1)(c)(iii).
             130          (3) (a) The State Board of Education, through the State Superintendent of Public
             131      Instruction, shall conduct a survey of computer needs in the state's 40 school districts.
             132          (b) The state superintendent shall complete the survey by July 15 of each year.
             133          (4) (a) In conjunction with the survey, the State Board of Education, in collaboration with
             134      the Department of Corrections, shall establish an applied technology training and recycling
             135      program to provide inmates with skills to build and refurbish computers in order to increase the
             136      number of quality computers in the state's public schools.
             137          (b) The program shall take place at a state correctional facility designated by the
             138      Department of Corrections.
             139          (c) (i) As part of the program, the Utah Correctional Industries shall establish a computer
             140      facility in industrial space made available at the designated correctional facility.
             141          (ii) The Utah Correctional Industries is responsible for pickup and delivery of the
             142      computers and staffing of the facility.
             143          (d) An applied technology center or correctional educational program shall supply an
             144      electronics and computer repair curriculum for the program at the correctional facility.
             145          (5) To ensure that inmates at the designated correctional facility do not have unauthorized
             146      access to the hardware and software components of the program, the Department of Corrections
             147      and the Utah Correctional Industries shall establish appropriate security policies and procedures.
             148          (6) The State Board of Education and Department of Corrections shall closely monitor the
             149      pilot program and present an annual progress report to the Education Interim Committee.
             150          Section 4. Section 53A-2-103 is amended to read:
             151           53A-2-103. Transfer of property to new school district -- Rights and obligations of



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             152
     new school board -- Outstanding indebtedness -- Special tax.
             153          (1) On July 1 following the approval of the creation of a new school district under Section
             154      53A-2-102 , the local school boards of the former districts shall convey and deliver all school
             155      property to the local school board of the new district. Title vests in the new board. All rights,
             156      claims, and causes of action to or for the property, for the use or the income from the property, for
             157      conversion, disposition, or withholding of the property, or for any damage or injury to the property
             158      vest at once in the new board.
             159          (2) The new board may bring and maintain actions to recover, protect, and preserve the
             160      property and rights of the district schools and to enforce contracts.
             161          (3) The new board shall assume and be liable for all outstanding debts and obligations of
             162      each of the former school districts.
             163          (4) All of the bonded indebtedness, outstanding debts, and obligations of a former district,
             164      which cannot be reasonably paid from the assets of the former district, shall be paid by a special
             165      tax levied by the new board as needed. The tax shall be levied upon the property within the former
             166      district which was liable for the indebtedness at the time of consolidation. If bonds are approved
             167      in the new district under Section 53A-18-102 , the special tax shall be discontinued and the bonded
             168      indebtedness paid as any other bonded indebtedness of the new district.
             169          (5) Bonded indebtedness of a former district which has been refunded shall be paid in the
             170      same manner as that which the new district assumes under Section 53A-18-101 .
             171          (6) State funds received by the new district under Section [ 53A-20-103 ] 53A-21-103 may
             172      be applied toward the payment of outstanding bonded indebtedness of a former district in the same
             173      proportion as the bonded indebtedness of the territory within the former district bears to the total
             174      bonded indebtedness of the districts combined.
             175          Section 5. Section 53A-3-422 is amended to read:
             176           53A-3-422. Internet and online access policy required.
             177          [No state] State funds [appropriated in accordance with Section 53A-1-702 shall] may not
             178      be provided to any local school board that provides access to the Internet or an online service
             179      unless the local school board adopts and enforces a policy to restrict access to Internet or online
             180      sites that contain obscene material.
             181          Section 6. Section 53A-3-701 is amended to read:
             182           53A-3-701. School and school district professional development plans.



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             183
         (1) (a) Each public school and school district shall develop and implement a systematic,
             184      comprehensive, and long-term plan for staff professional development.
             185          (b) Each school shall use its community council, school directors, or a subcommittee of
             186      the community council as described in Subsection 53A-16-101.5 (4) to help develop and implement
             187      the plan.
             188          (2) Each plan shall include the following components:
             189          (a) an alignment of professional development activities at the school and school district
             190      level with:
             191          (i) the School LAND Trust Program authorized under Section 53A-16-101.5 ;
             192          (ii) the Utah Performance Assessment System for Students under Title 53A, Chapter 1,
             193      Part 6, Achievement Tests;
             194          [(iii) the Educational Technology Initiative under Title 53A, Chapter 1, Part 7, Educational
             195      Technology Programs;]
             196          [(iv)] (iii) Sections 53A-6-101 and 53A-6-104 of the Educator Licensing and Professional
             197      Practices Act;
             198          [(v)] (iv) Title 53A, Chapter 9, Teacher Career Ladders; and
             199          [(vi)] (v) Title 53A, Chapter 10, Educator Evaluation;
             200          (b) provision for the development of internal instructional leadership and support;
             201          (c) the periodic presence of all stakeholders at the same time in the professional
             202      development process, to include administrators, educators, support staff, parents, and students;
             203          (d) provisions for the use of consultants to enhance and evaluators to assess the
             204      effectiveness of the plan as implemented; and
             205          (e) the time required for and the anticipated costs of implementing and maintaining the
             206      plan.
             207          (3) (a) Each local school board shall review and either approve or recommend
             208      modifications for each school plan within its district so that each school's plan is compatible with
             209      the district plan.
             210          (b) The board shall:
             211          (i) provide positive and meaningful assistance to a school, if requested by its community
             212      council or school directors, in drafting and implementing its plan; and
             213          (ii) monitor the progress of each school plan and hold each school accountable for meeting



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             214
     the objectives of its plan.
             215          (4) (a) The State Board of Education, through the superintendent of public instruction,
             216      shall work with school districts to identify the resources required to implement and maintain each
             217      school's and school district's professional development plan required under this section.
             218          (b) (i) The state board shall make an annual budget recommendation to the Legislature for
             219      state funding of professional development plans under this section.
             220          (ii) The recommendation shall take into account:
             221          (A) monies that could be used for professional development from the programs listed in
             222      Subsection (2)(a); and
             223          (B) the professional development block grant program authorized under the Minimum
             224      School Program Act.
             225          (5) (a) For the fiscal year beginning July 1, 2001, school districts shall use $10,000,000
             226      of the school professional development appropriation made in Section 53A-17a-124 , for teacher
             227      professional development days beyond the regular school year as follows:
             228          (i) each school district shall use its allocation for teacher professional development related
             229      to implementing and maintaining the Utah Performance Assessment System for Students and may
             230      use such training models as Schools for All and Urban Learning Centers in its professional
             231      development program; and
             232          (ii) monies for these two additional days shall be allocated to a school district without
             233      requiring matching monies.
             234          (b) For the fiscal year beginning July 1, 2002, the Legislature shall increase the funding
             235      for teacher professional development under Section 53A-17a-124 and Subsection (5)(a) to provide
             236      for a total of three days of teacher professional development related to implementing and
             237      maintaining the Utah Performance Assessment System for Students.
             238          (c) Schools are urged to collaborate with one another in the implementation of the teacher
             239      development program under Subsection (5)(a) to maximize the effectiveness of the appropriation.
             240          (d) It is the intent of the Legislature that of the $10,000,000 allocated to school districts
             241      for additional days $42,305 shall be allocated to the Utah Schools for the Deaf and the Blind per
             242      day for each additional day funded.
             243          Section 7. Section 53A-9-102 is amended to read:
             244           53A-9-102. Definitions.



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             245
         As used in this chapter:
             246          (1) "Career ladder" means a compensation system developed by a school district, with
             247      advice and counsel from parents, teachers, and school administrators who represent the various
             248      schools throughout the district, which is in accordance with provisions of this chapter and
             249      applicable policies and guidelines adopted by the State Board of Education[, and approved by the
             250      State Board of Education].
             251          (2) "Educator" or "teacher" means certified personnel who are paid on the teacher's salary
             252      schedule and whose primary function is to provide instructional or a combination of instructional
             253      and counseling services to students in the public schools.
             254          (3) "Evaluation system" means the educator evaluation program developed under Title
             255      53A, Chapter 10, Educator Evaluation.
             256          Section 8. Section 53A-9-106 is enacted to read:
             257          53A-9-106. School district to report on expenditure of money for career ladder
             258      program.
             259          The State Board of Education shall require each school district that implements a career
             260      ladder program using money distributed to the district under Section 53A-17a-124 to report to the
             261      board how the money was spent.
             261a      S Section 9. Section 53A-11-204 is amended to read:
             261b          53A-11-204.   Nursing services in the public schools -- Collaborative efforts.
             261c          (1) (a) h [ The Legislature finds that students] STUDENTS h in the state's public schools
             261c1      h [ would ] MAY h be better
             261d      protected against risks to health and safety if schools were to have registered nurses readily available
             261e      to assist in providing educational and nursing services in the public schools.
             261f          (b) Those services would be further enhanced if they could be offered with the active support
             261g      and participation of local public health departments and private medical providers, most particularly
             261h      in those areas of the state without currently functioning collaborative programs.
             261i          (c) (i) School districts, local health departments, private medical providers, and parents of
             261j      students are therefore encouraged to work together in determining needs and risks to student health
             261k      in the state's public schools and in developing and implementing plans to meet those needs and
             261l      minimize risks to students.
             261m          (ii) School community councils or school directors of affected schools shall review the plans
             261n      prior to their implementation.
             261o          (2) School districts are encouraged to provide nursing services equivalent to the services of
             261p      one registered nurse for every 5,000 students or, in districts with fewer than 5,000 students, the level
             261q      of services recommended by the Department of Health.
             261r          [(3) Funding for school nurse services may come from monies provided by a school district, a
             261s      local health department, and donations from private medical providers or other persons.]
             261t          [(4) (a) There is established the School Nursing Services Incentive Program to s


            
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261u
     S encourage collaborative planning between school districts and local health departments.]
             261v          [(b) The Legislature may make an annual appropriation to help fund the program.]
             261w          [(c) (i) Prior to April 2 of each year, the State Office of Education shall notify school districts of
             261x      the availability of school nurse incentive monies and request submission of applications for matching
             261y      monies.]
             261z          [(ii) The Department of Health, in cooperation with the State Office of Education, shall
             261aa      establish minimum operational criteria for approved programs.]
             261ab          [(d) (i) Applications shall describe services to be provided and the amount of funding to be
             261ac      provided by the school district, the local health department, and other sources.]
             261ad          [(ii) The equivalent value of nursing services to be donated to the program may also be
             261ae      reported.]
             261af          [(iii) The application shall be cooperatively developed by the school district and local health
             261ag      department personnel and approved by both agencies.]
             261ah          [(iv) A review committee established jointly by the Department of Health and the State Office
             261ai      of Education shall review each application.]
             261aj          [(e) (i) Approved applications shall receive incentive program monies on a matching basis,
             261ak      with 2/3 coming from sources identified in Subsection (3) and 1/3 coming from the state-administered
             261al      incentive program established under this section.]
             261am          [(ii) Donations received by a school district or local health department may be used in
             261an      providing all or a part of the entity's share under Subsection (e)(i).]
             261ao          [(f) If incentive program monies are insufficient to match requests in all approved
             261ap      applications, the State Office of Education shall disburse the monies proportionately, based on the
             261aq      number of children to be served under each application.] s
             262          Section S [ 9 .] 10 s Section 53A-20-103 is amended to read:
             263           53A-20-103. School plant capital outlay report.
             264          [The State Board of Education has the following duties:]
             265          [(1) It shall adopt codes to govern the preparation of plans and specifications for public
             266      school buildings. The codes shall include minimum standards for:]
             267          [(a) construction, heating, ventilation, sanitation, lighting, plumbing, structural safety,
             268      protection from fire, panic, and other dangers;]
             269          [(b) promotion of the safety, health, and comfort of the occupants; and]
             270          [(c) providing functional adaptability including suitable facilities for persons with a
             271      disability.]
             272          [(2) It shall require local school boards to maintain a current inventory of school plant
             273      facilities in conformance with rules established by the board.]
             274          [(3) It shall establish planning procedures for school districts to determine the need for
             275      school plant facilities. The procedures shall include definitions of methods, criteria, and other




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             276
     pertinent information necessary to determine the type, size, location, and cost of school plant
             277      facilities eligible for state financial participation.]
             278          [(4) It shall require local school boards to prepare and maintain surveys of school plant
             279      capital outlay needs. The surveys shall include immediate and long-range school plant capital
             280      outlay needs in accordance with planning procedures established by the state board and space
             281      utilization studies, enrollment projections, district and attendance area organization, class size,
             282      conditions of present facilities, financial structure of the district, and other necessary information.]
             283          [(5) It shall prepare a guide for use by school districts in formulating educational
             284      specifications for individual building projects.]
             285          [(6) It shall recommend minimum requirements for contracts and agreements between
             286      architects and engineers and local school boards. As a condition of the contract or agreement, the
             287      state board shall require the use of independent licensed consulting engineers for engineering
             288      design work.]
             289          [(7) It shall recommend minimum requirements for advertising, bidding, and contractual
             290      procedures for school plant construction.]
             291          [(8) It shall provide school districts with findings regarding school designs, including
             292      flexibility of design and modular planning, new methods of construction, and new material.]
             293          [(9) It] The State Board of Education shall prepare an annual school plant capital outlay
             294      report of all school districts, [including tabulations of facilities available,] which includes
             295      information on the number and size of building projects completed and under construction[, and
             296      additional facilities required].
             297          Section 10. Section 53B-17-104 is amended to read:
             298           53B-17-104. Responsibilities of UEN related to telecommunications for education.
             299          (1) Subject to applicable rules of the Federal Communications Commission, the State
             300      Board of Regents, the State Board of Education, and the University of Utah, UEN shall:
             301          (a) coordinate statewide services of public radio and television;
             302          (b) develop, maintain, and operate statewide distribution systems for KUED, KUER,
             303      KULC, EDNET, and UtahLink including radio and television translator systems, an educational
             304      microwave distribution system, data network and other telecommunications services distribution
             305      systems appropriate for providing video, audio, and data telecommunication services in support
             306      of public and higher education to as many communities as may be economically and technically



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             307
     feasible and lawfully permissible under the various operating licenses, and, in conjunction with
             308      these operations, cooperate with state and local governmental and educational agencies and
             309      provide leadership and consulting service in regards to signal distribution;
             310          (c) represent the state with privately owned telecommunications systems to gain access
             311      to their networks for the delivery of programs and services sponsored or produced by public and
             312      higher education;
             313          (d) acquire, produce, coordinate, and distribute a variety of programs and services of an
             314      educational, cultural, informative, and entertaining nature designed to promote the public interest
             315      and welfare of the state;
             316          (e) coordinate with the state system of higher education to acquire, produce, and distribute
             317      broadcast and nonbroadcast college credit telecourses, teleconferences, and other instructional and
             318      training services;
             319          (f) coordinate with the State Office of Education and school districts to acquire, produce,
             320      and distribute broadcast and nonbroadcast telecourses, teleconferences, and other instructional and
             321      training services to the public schools;
             322          (g) act as a clearing house for the materials, courses, publications, media, software, and
             323      other applicable information related to the items addressed in Subsections (1)(e) and (f);
             324          (h) coordinate with the State Office of Education to assist in providing the public schools
             325      of Utah with the following services:
             326          (i) broadcast during school hours of educational and administrative programs approved
             327      and scheduled by the State Board of Education;
             328          (ii) studio production and technical assistance for the creation of educational programs;
             329          (iii) duplication of program masters for broadcast purposes;
             330          (iv) nonstudio production services for the compilation of various production elements into
             331      completed programs;
             332          (v) program previewing; and
             333          (vi) shared responsibility with the Utah State Office of Education for ITV awareness and
             334      utilization;
             335          (i) cooperate with state and local governmental agencies to provide teleconference and
             336      training services;
             337          (j) consult with the steering committee authorized in Section 53B-17-102 and other



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             338
     technology coordinating committees established by the State Board of Education and State Board
             339      of Regents in acquiring, producing, and distributing instructional services on all media, and with
             340      public advisory committees in acquiring, producing, and distributing public radio and television
             341      programs on KUER and KUED;
             342          (k) coordinate the statewide development and implementation of the electronic highway
             343      for education, which shall include video, audio, and data interconnections utilizing satellite,
             344      microwave, fiber-optic, and other transmission media;
             345          [(l) coordinate through the UEN steering committee the technology initiatives for public
             346      and higher education which are under the direction of the State Office of Education and the Office
             347      of the Commissioner of Higher Education;]
             348          [(m) coordinate through the UEN steering committee, public education's Educational
             349      Technology Initiative authorized under Title 53A, Chapter 1, Part 7;]
             350          [(n)] (l) utilize statewide economic development criteria in the design and implementation
             351      of the educational telecommunications infrastructure; and
             352          [(o)] (m) assure that public service entities such as educators, public service providers, and
             353      public broadcasters are granted access to the telecommunications infrastructures that are developed
             354      in the state.
             355          (2) This section neither regulates nor restricts a privately owned company in the
             356      distribution or dissemination of education programs.
             357          Section 11. Section 63-55b-153 is amended to read:
             358           63-55b-153. Repeal dates -- Titles 53 and 53A.
             359          (1) Subsection 53-5-710 (4) pertaining to restrictions at Olympic venue secure areas is
             360      repealed April 1, 2002.
             361          (2) Title 53, Chapter 12, State Olympic Public Safety Command Act, is repealed July 1,
             362      2002.
             363          (3) Section 53-12-301.1 is repealed April 1, 2002.
             364          (4) Section 53A-1-403.5 is repealed July 1, 2007.
             365          (5) Section 53A-3-602 is repealed July 1, 2002.
             366          [(6) Section 53A-15-901 is repealed July 1, 2005.]
             367          Section 12. Repealer.
             368          This act repeals:



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Senate 2nd Reading Amendments 1-23-2002 rd/dsl
             369
         Section 53A-1-701, Legislative declaration and authorization.
             370          Section 53A-1-702, Appropriations -- Allocations -- Contributions from school
             371      districts, the business community, and technology vendors.
             372          Section 53A-1-704, Duties and responsibilities of the project office.
             373          Section 53A-1-705, Educational technology plans -- Components -- Review and
             374      approval -- Reports.
             375          Section 53A-1a-401, Purpose.
             376          Section 53A-1a-402, Establishment of Schools for the 21st Century Program --
             377      Qualifications for participation.
             378          Section 53A-1a-403, Selection of schools -- Funding -- Incentive awards.
             379          Section 53A-1a-404, Accountability plans -- Reporting and monitoring of program.
             380          Section 53A-3-418, Program for suggestions by school employees.
             381          Section 53A-4-201, Legislative declaration and authorization.
             382          Section 53A-4-202, Administration by state board -- Allocation of legislative
             383      appropriation.
             384          Section 53A-4-203, Guidelines for excellence.
             385          Section 53A-4-204, Certification of matching funds -- Distribution of allocation --
             386      Private funds.
             387          Section 53A-9-105, Administration of state appropriation -- Approval and funding of
             388      proposals.
             389           S [ Section 53A-11-204, Nursing services in the public schools -- Collaborative efforts --
             390      School Nursing Services Incentive Program.
] s

             391          Section 53A-11-909, Alternative middle schools -- Purpose -- Implementation of
             392      program -- Components -- Report.
             393          Section 53A-15-103, Developmental program for extended school year -- Objectives
             394      -- Participation requirements -- Appropriation -- Evaluation.
             395          Section 53A-20-102, Superintendent to approve school building project plans --
             396      Conditions for approval.
             397          Section 13. Effective date.
             398          This act takes effect on July 1, 2002.



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Legislative Review Note
    as of 12-20-01 10:37 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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