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

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
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 53A-11-204, as enacted by Chapter 229, Laws of Utah 1996
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:

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

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

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

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.

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

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.

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.
262 Section 9. 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

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

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

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:

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 Section 53A-11-204, Nursing services in the public schools -- Collaborative efforts --
390 School Nursing Services Incentive Program.
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.

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