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First Substitute H.B. 39

Representative Margaret Dayton proposes the following substitute bill:





Sponsor: Margaret Dayton

             6      This act modifies provisions relating to the State System of Public Education by
             7      eliminating requirements to submit certain reports to the Legislature. This act modifies
             8      certain duties and responsibilities of the State Board of Education and the superintendent
             9      of public instruction. This act consolidates several reports into the state superintendent's
             10      annual report. This act eliminates the requirement for the State Board of Education to
             11      submit separate budget recommendations for U-PASS and professional development
             12      plans. This act eliminates the State Board of Education's responsibility to annually
             13      determine the estimated total cost of the minimum school program for each district. This
             14      act repeals the Modified School Week Pilot Program and the Arts in Elementary Schools
             15      Pilot Program. This act contains a repealer. This act makes technical amendments.
             16      This act affects sections of Utah Code Annotated 1953 as follows:
             17      AMENDS:
             18          53A-1-301, as last amended by Chapter 244, Laws of Utah 2002
             19          53A-1-605, as last amended by Chapter 7, Laws of Utah 2002, Sixth Special Session
             20          53A-1a-106, as last amended by Chapter 254, Laws of Utah 2002
             21          53A-1a-107, as last amended by Chapter 254, Laws of Utah 2002
             22          53A-2-207, as repealed and reenacted by Chapter 119, Laws of Utah 1993
             23          53A-3-404, as last amended by Chapter 297, Laws of Utah 2001
             24          53A-3-701, as last amended by Chapters 279, 301 and 324, Laws of Utah 2002
             25          53A-11-102.5, as enacted by Chapter 120, Laws of Utah 1993

             26          53A-11-103, as last amended by Chapter 99, Laws of Utah 1999
             27          53A-15-101, as last amended by Chapter 254, Laws of Utah 2002
             28          53A-17a-108, as last amended by Chapter 306, Laws of Utah 1993
             29          53A-17a-109, as last amended by Chapter 137, Laws of Utah 2000
             30          53A-17a-111.5, as enacted by Chapter 268, Laws of Utah 1994
             31          53A-17a-119, as last amended by Chapter 279, Laws of Utah 2002
             32          53A-17a-124.5, as last amended by Chapter 279, Laws of Utah 2002
             33          53A-17a-126, as last amended by Chapter 279, Laws of Utah 2002
             34          53A-17a-144, as last amended by Chapter 6, Laws of Utah 1996, Second Special
             35      Session
             36          53A-17a-147, as renumbered and amended by Chapter 72, Laws of Utah 1991
             37          53A-28-203, as enacted by Chapter 62, Laws of Utah 1996
             38      REPEALS:
             39          53A-2-212, as last amended by Chapter 119, Laws of Utah 1993
             40          53A-3-416, as last amended by Chapter 297, Laws of Utah 2001
             41          53A-6-212, as enacted by Chapter 2, Laws of Utah 1988
             42          53A-9-106, as enacted by Chapter 301, Laws of Utah 2002
             43          53A-15-801, as enacted by Chapter 165, Laws of Utah 1997
             44          53A-15-901, as last amended by Chapter 352, Laws of Utah 2001
             45      Be it enacted by the Legislature of the state of Utah:
             46          Section 1. Section 53A-1-301 is amended to read:
             47           53A-1-301. Appointment -- Qualifications -- Duties.
             48          (1) (a) The State Board of Education shall appoint a superintendent of public
             49      instruction, hereinafter called the state superintendent, who is the executive officer of the board
             50      and serves at the pleasure of the board.
             51          (b) The board shall appoint the state superintendent on the basis of outstanding
             52      professional qualifications.
             53          (c) The state superintendent shall administer all programs assigned to the State Board
             54      of Education in accordance with the policies and the standards established by the board.
             55          (2) The superintendent shall perform duties assigned by the board, including the
             56      following:

             57          (a) investigating all matters pertaining to the public schools;
             58          (b) adopting and keeping an official seal to authenticate the superintendent's official
             59      acts;
             60          (c) holding and conducting meetings, seminars, and conferences on educational topics;
             61          (d) presenting to the governor and the Legislature each December a report of the public
             62      school system for the preceding year to include:
             63          (i) data on the general condition of the schools with recommendations considered
             64      desirable for specific programs;
             65          (ii) a complete statement of fund balances;
             66          (iii) a complete statement of revenues by fund and source;
             67          (iv) a complete statement of adjusted expenditures by fund, the status of bonded
             68      indebtedness, the cost of new school plants, and school levies;
             69          (v) a complete statement of state funds allocated to each of the state's 40 school
             70      districts by source, including supplemental appropriations, and a complete statement of
             71      expenditures by each district, including supplemental appropriations, by function and object as
             72      outlined in the U.S. Department of Education publication "Financial Accounting for Local and
             73      State School Systems";
             74          (vi) a statement that includes such items as fall enrollments, average membership, high
             75      school graduates, licensed and classified employees, pupil-teacher ratios, class sizes, average
             76      salaries, applicable private school data, and data from standardized norm-referenced tests in
             77      grades 5, 8, and 11 on each school and district;
             78          (vii) statistical information regarding incidents of delinquent activity in the schools or
             79      at school-related activities with separate categories for:
             80          (A) alcohol and drug abuse;
             81          (B) weapon possession;
             82          (C) assaults; and
             83          (D) arson; and
             84          (viii) other statistical and financial information about the school system which the
             85      superintendent considers pertinent;
             86          (e) collecting and organizing education data into an automated decision support system
             87      to facilitate school district and school improvement planning, accountability reporting and

             88      performance recognition, and the evaluation of educational policy and program effectiveness to
             89      include:
             90          (i) data that are:
             91          (A) comparable across schools and school districts;
             92          (B) appropriate for use in longitudinal studies; and
             93          (C) comprehensive with regard to the data elements required under applicable state or
             94      federal law or state board rule;
             95          (ii) features that enable users, most particularly school administrators, teachers, and
             96      parents, to:
             97          (A) retrieve school and school district level data electronically;
             98          (B) interpret the data visually; and
             99          (C) draw conclusions that are statistically valid; and
             100          (iii) procedures for the collection and management of education data that:
             101          (A) require the state superintendent of public instruction to:
             102          (I) collaborate with school districts in designing and implementing uniform data
             103      standards and definitions;
             104          (II) undertake or sponsor research to implement improved methods for analyzing
             105      education data;
             106          (III) provide for data security to prevent unauthorized access to or contamination of the
             107      data; and
             108          (IV) protect the confidentiality of data under state and federal privacy laws; and
             109          (B) require all school districts to comply with the data collection and management
             110      procedures established under Subsection (2)(e); and
             111          (f) with the approval of the board, preparing and submitting to the governor a budget
             112      for the board to be included in the budget that the governor submits to the Legislature.
             113          (3) Upon leaving office, the state superintendent shall deliver to his successor all
             114      books, records, documents, maps, reports, papers, and other articles pertaining to his office.
             115          Section 2. Section 53A-1-605 is amended to read:
             116           53A-1-605. Analysis of results -- Submission of annual budget -- Staff
             117      professional development.
             118          (1) The State Board of Education, through the state superintendent of public

             119      instruction, shall develop a plan to analyze the results of the U-PASS scores for all grade levels
             120      and courses required under Section 53A-1-603 and the student behavior indicators referred to
             121      in Subsection 53A-1-602 (3)(e).
             122          (2) The plan shall include components designed to:
             123          (a) assist school districts and individual schools to use the results of the analysis in
             124      planning, evaluating, and enhancing programs within the district; and
             125          (b) for the 2003-04 school year and for each year thereafter, identify schools not
             126      achieving state-established acceptable levels of student performance in order to assist those
             127      schools in raising their student performance levels.
             128          (3) The plan shall include provisions for statistical reporting of data as follows:
             129          (a) norm-referenced tests results shall be reported at the state, district, school, and
             130      grade levels, and shall include actual levels of performance on tests; and
             131          (b) criterion-referenced tests results shall be reported at state, district, school, and grade
             132      or course levels, and shall include actual levels of performance on tests.
             133          [(4) (a) The State Board of Education shall submit to the Legislature, annually, a
             134      budget to implement and maintain U-PASS.]
             135          [(b) As part of the budget recommendation, the state board shall include:]
             136          [(i) evaluation of U-PASS and proposed modifications if appropriate;]
             137          [(ii) anticipated costs for staff professional development programs required to
             138      effectively implement U-PASS at the school and classroom levels; and]
             139          [(iii) resources required to assist schools identified under Subsection (2)(b) in raising
             140      their performance levels.]
             141          [(5)] (4) Each local school board shall provide for:
             142          (a) district evaluation of the U-PASS test results and use of the evaluations in setting
             143      goals and establishing programs for the district and each school within the district; and
             144          (b) a professional development program that[: (i) is funded in whole or in part from
             145      monies received under Subsection (4)(b)(ii); and (ii)] provides teachers, principals, and other
             146      professional staff employed by the school district with the training required to successfully
             147      establish and maintain U-PASS.
             148          Section 3. Section 53A-1a-106 is amended to read:
             149           53A-1a-106. School district and individual school powers.

             150          (1) In order to acquire and develop the characteristics listed in Section 53A-1a-104 ,
             151      each school district and each public school within its respective district shall implement a
             152      comprehensive system of accountability in which students advance through public schools by
             153      demonstrating competency in required skills and mastery of required knowledge through the
             154      use of diverse assessment instruments such as authentic and criterion referenced tests, projects,
             155      and portfolios.
             156          (2) (a) Each school district and public school shall:
             157          (i) develop and implement programs integrating technology into the curriculum,
             158      instruction, and student assessment;
             159          (ii) provide for teacher and parent involvement in policymaking at the school site;
             160          (iii) implement a public school choice program to give parents, students, and teachers
             161      greater flexibility in designing and choosing among programs with different focuses through
             162      schools within the same district and other districts, subject to space availability, demographics,
             163      and legal and performance criteria;
             164          (iv) establish strategic planning at both the district and school level and site-based
             165      decision making programs at the school level;
             166          (v) provide opportunities for each student to acquire and develop academic and
             167      occupational knowledge, skills, and abilities;
             168          (vi) participate in ongoing research and development projects primarily at the school
             169      level aimed at improving the quality of education within the system; and
             170          (vii) involve business and industry in the education process through the establishment
             171      of partnerships with the business community at the district and school level.
             172          (b) (i) Each local school board, in consultation with school personnel, parents, and
             173      school community councils or similar entities shall establish policies to provide for the
             174      effective implementation of a personalized student education plan (SEP) or student
             175      education/occupation plan (SEOP) for each student at the school site.
             176          (ii) The policies shall include guidelines and expectations for:
             177          (A) recognizing the student's accomplishments, strengths, and progress towards meeting
             178      student achievement standards as defined in U-PASS;
             179          (B) planning, monitoring, and managing education and career development; and
             180          (C) involving students, parents, and school personnel in preparing and implementing

             181      SEPs and SEOPs.
             182          (iii) A parent may request conferences with school personnel in addition to SEP or
             183      SEOP conferences established by local school board policy.
             184          (iv) Time spent during the school day to implement SEPs and SEOPs is considered
             185      part of the school term referred to in Subsection 53A-17a-103 (5).
             186          (3) A school district or public school may submit proposals to modify or waive rules or
             187      policies of a supervisory authority within the public education system in order to acquire or
             188      develop the characteristics listed in Section 53A-1a-104 .
             189          (4) (a) Each school district and public school shall make an annual report to its patrons
             190      on its activities under this section.
             191          (b) The reporting process shall involve participation from teachers, parents, and the
             192      community at large in determining how well the district or school is performing.
             193          [(c) The State Board of Education shall receive a copy of each report and make a
             194      summary report to the strategic planning committee referred to in Section 53A-1a-102 .]
             195          Section 4. Section 53A-1a-107 is amended to read:
             196           53A-1a-107. State Board of Education assistance to districts and schools.
             197          [(1)] In order to assist school districts and individual schools in acquiring and
             198      maintaining the characteristics set forth in Section 53A-1a-104 , the State Board of Education
             199      shall:
             200          [(a)] (1) provide the framework for an education system, including core competencies
             201      and their assessment, in which school districts and public schools permit students to advance
             202      by demonstrating competency in subject matter and mastery of skills;
             203          [(b)] (2) develop and disseminate a state model curriculum, structured to incorporate
             204      the concepts of quality versus quantity, depth versus breadth, subject integration and
             205      application, applied thinking skills, character development, and a global prospective, which
             206      districts and schools may use to assist teachers in helping students acquire the competencies
             207      and skills required to advance through the public education system, and periodically review
             208      and, if appropriate, revise the curriculum;
             209          [(c)] (3) conduct a statewide public awareness program on competency-based
             210      educational systems;
             211          [(d)] (4) compile and publish, for the state as a whole, a set of educational performance

             212      indicators describing trends in student performance;
             213          [(e)] (5) promote a public education climate of high expectations and academic
             214      excellence;
             215          [(f)] (6) disseminate successful site-based decision-making models to districts and
             216      schools and provide teacher professional development opportunities and evaluation programs
             217      for site-based plans consistent with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b);
             218          [(g)] (7) provide a mechanism for widespread dissemination of information about
             219      strategic planning for public education, including involvement of business and industry in the
             220      education process, in order to ensure the understanding and support of all the individuals and
             221      groups concerned with the mission of public education as outlined in Section 53A-1a-103 ;
             222          [(h)] (8) provide for a research and development clearing house at the state level to
             223      receive and share with school districts and public schools information on effective and
             224      innovative practices and programs in education;
             225          [(i)] (9) help school districts develop and implement guidelines, strategies, and
             226      professional development programs for administrators and teachers consistent with Subsections
             227      53A-1a-104 (7) and 53A-6-102 (2)(a) and (b) focused on improving interaction with parents and
             228      promoting greater parental involvement in the public schools; and
             229          [(j)] (10) in concert with the State Board of Regents and the state's colleges of
             230      education review and revise teacher licensing requirements to be consistent with teacher
             231      preparation for participation in personalized education programs within the public schools.
             232          [(2) (a) The board shall make an annual report to the Legislature on its activities under
             233      this section.]
             234          [(b) The reporting process shall involve participation from school districts and schools
             235      in helping to evaluate how well the board has assisted the schools and school districts.]
             236          Section 5. Section 53A-2-207 is amended to read:
             237           53A-2-207. Enrollment of nonresident students -- Procedures -- Processing fee --
             238      Continuing enrollment.
             239          (1) Each local school board is responsible for providing educational services consistent
             240      with Utah state law and rules of the State Board of Education for each student who resides in
             241      the district and, as provided in Sections 53A-2-207 through [ 53A-2-212 ] 53A-2-211 and to the
             242      extent reasonably feasible, for any student who resides in another district in the state and

             243      desires to attend a school in the district.
             244          (2) (a) The State Board of Education shall adopt rules defining school capacities and
             245      average daily membership thresholds for use in determining whether a school must be open for
             246      enrollment of nonresident students.
             247          (b) If a school's average daily membership falls below the threshold designated by the
             248      State Board of Education, the local school board shall allow students who do not reside within
             249      the district to also enroll in the school.
             250          (3) A local board of education may also allow enrollment of nonresident students in a
             251      school which is operating above the average daily membership threshold for mandatory
             252      enrollment of nonresident students.
             253          (4) (a) A local school board shall adopt policies describing procedures for nonresident
             254      students to follow in applying for entry into the district's schools.
             255          (b) Those procedures shall provide, as a minimum, for:
             256          (i) distribution to interested parties of information about the school or school district
             257      and how to apply for admission;
             258          (ii) use of standard application forms prescribed by the State Board of Education;
             259          (iii) submission of applications during the month of January by those seeking
             260      admission for the following year;
             261          (iv) written notification to the student's parent or legal guardian of acceptance or
             262      rejection of an application within six weeks after receipt of the application by the district or by
             263      March 1, whichever is later;
             264          (v) written notification to the resident district upon acceptance of a nonresident student
             265      for enrollment; and
             266          (vi) admission of students at times other than that permitted under standard policies if
             267      the board determines that there are conditions of special need which warrant consideration.
             268          (5) A school district may charge a one-time $5 processing fee, to be paid at the time of
             269      application.
             270          (6) An enrolled nonresident student shall be permitted to remain enrolled in the
             271      nonresident district's schools, subject to the same rules and standards as resident students,
             272      without renewed applications in subsequent years unless one of the following occurs:
             273          (a) the student graduates;

             274          (b) the student is no longer a Utah resident;
             275          (c) the student is suspended or expelled from school; or
             276          (d) the district determines that enrollment within the school in question will exceed
             277      90% of maximum capacity during the coming school year.
             278          (7) (a) Determination of which nonresident students will be excluded from continued
             279      enrollment in a nonresident district during a subsequent year under Subsection (6)(b) is based
             280      upon time in the district, with those most recently enrolled being excluded first.
             281          (b) Nonresident students who will not be permitted to continue their enrollment shall
             282      be notified no later than March 15 of the current school year.
             283          (8) The parent of a student enrolled in a nonresident district may withdraw the student
             284      from that district for enrollment in another district by:
             285          (a) submitting notice of intent to enroll the student in the district of residence for the
             286      subsequent year to the district of attendance no later than March 15 of the current school year;
             287          (b) submitting notice of intent to enroll the student in another nonresident district for
             288      the subsequent school year to the current district of attendance, together with a letter of
             289      acceptance from the proposed district of attendance, no later than March 15 of the current
             290      school year; or
             291          (c) if the parent desires to change the student's enrollment during the school year or
             292      after March 15, by obtaining approval from both the district of attendance and the district in
             293      which enrollment is sought.
             294          (9) Unless provisions have previously been made for enrollment in another school, a
             295      nonresident district releasing a student from enrollment shall immediately notify the district of
             296      residence, which shall enroll the student in the resident district and take such additional steps
             297      as may be necessary to ensure compliance with laws governing school attendance.
             298          (10) Subsection (6)(d) does not apply to a student who was attending a nonresident
             299      school or district prior to January 1, 1993.
             300          Section 6. Section 53A-3-404 is amended to read:
             301           53A-3-404. Annual financial report -- Audit report.
             302          (1) The annual financial report of each school district, containing items required by law
             303      or by the State Board of Education and attested to by independent auditors, shall be prepared as
             304      required by Section 51-2-1 .

             305          (2) The auditors employed under Section 51-2-1 shall complete their field work in
             306      sufficient time to allow them to verify necessary audit adjustments included in the annual
             307      financial report to the state superintendent.
             308          (3) (a) (i) The district shall forward the annual financial report to the state
             309      superintendent not later than October 1.
             310          (ii) The report shall include information to enable the state superintendent to complete
             311      the statement required under Subsection 53A-1-301 (2)(d)(v).
             312          (b) [(i)] The State Board of Education shall publish electronically a copy of the report
             313      on the Internet not later than December 15.
             314          [(ii) The report may be combined with the report required to be published under
             315      Subsection 53A-3-416 (3)(b).]
             316          (4) The completed audit report shall be delivered to the school district board of
             317      education and the state superintendent of public instruction not later than November 30 of each
             318      year.
             319          Section 7. Section 53A-3-701 is amended to read:
             320           53A-3-701. School and school district professional development plans.
             321          (1) (a) Each public school and school district shall develop and implement a
             322      systematic, comprehensive, and long-term plan for staff professional development.
             323          (b) Each school shall use its school community council, school directors, or a
             324      subcommittee or task force created by the school community council as provided in Section
             325      [ 53A-1-108 ] 53A-1a-108 to help develop and implement the plan.
             326          (2) Each plan shall include the following components:
             327          (a) an alignment of professional development activities at the school and school district
             328      level with:
             329          (i) the school improvement plan under Section 53A-1a-108.5 ;
             330          (ii) the School LAND Trust Program authorized under Section 53A-16-101.5 ;
             331          (iii) the Utah Performance Assessment System for Students under Title 53A, Chapter
             332      1, Part 6, Achievement Tests;
             333          (iv) Sections 53A-6-101 through 53A-6-104 of the Educator Licensing and
             334      Professional Practices Act;
             335          (v) Title 53A, Chapter 9, Teacher Career Ladders; and

             336          (vi) Title 53A, Chapter 10, Educator Evaluation;
             337          (b) provision for the development of internal instructional leadership and support;
             338          (c) the periodic presence of all stakeholders at the same time in the professional
             339      development process, to include administrators, educators, support staff, parents, and students;
             340          (d) provisions for the use of consultants to enhance and evaluators to assess the
             341      effectiveness of the plan as implemented; and
             342          (e) the time required for and the anticipated costs of implementing and maintaining the
             343      plan.
             344          (3) (a) Each local school board shall review and either approve or recommend
             345      modifications for each school plan within its district so that each school's plan is compatible
             346      with the district plan.
             347          (b) The board shall:
             348          (i) provide positive and meaningful assistance to a school, if requested by its
             349      community council or school directors, in drafting and implementing its plan; and
             350          (ii) monitor the progress of each school plan and hold each school accountable for
             351      meeting the objectives of its plan.
             352          (4) [(a)] The State Board of Education, through the superintendent of public
             353      instruction, shall work with school districts to identify the resources required to implement and
             354      maintain each school's and school district's professional development plan required under this
             355      section.
             356          [(b) (i) The state board shall make an annual budget recommendation to the Legislature
             357      for state funding of professional development plans under this section.]
             358          [(ii) The recommendation shall take into account:]
             359          [(A) monies that could be used for professional development from the programs listed
             360      in Subsection (2)(a); and]
             361          [(B) the Quality Teaching Block Grant Program authorized under the Minimum School
             362      Program Act.]
             363          Section 8. Section 53A-11-102.5 is amended to read:
             364           53A-11-102.5. Dual enrollment.
             365          (1) A person having control of a minor under this part who is enrolled in a regularly
             366      established private school or a home school may also enroll the minor in a public school for

             367      dual enrollment purposes.
             368          (2) The minor may participate in any academic activity in the public school available to
             369      students in the minor's grade or age group, subject to compliance with the same rules and
             370      requirements that apply to a full-time student's participation in the activity.
             371          (3) Except as otherwise provided in Sections 53A-11-101 and 53A-11-102 , a student
             372      enrolled in a public school may also be enrolled in a private school or a home school for dual
             373      enrollment purposes.
             374          (4) A student enrolled in a dual enrollment program is considered a student of the
             375      district in which the public school of attendance is located for purposes of state funding to the
             376      extent of the student's participation in the public school programs.
             377          (5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
             378      State Board of Education shall make rules for purposes of dual enrollment to govern and
             379      regulate the transferability of credits toward graduation that are earned in a private or home
             380      school.
             381          (6) [(a)] The State Board of Education shall determine the policies and procedures
             382      necessary to permit students enrolled under Subsection (1) to participate in public school
             383      extracurricular activities.
             384          [(b) The board shall report its findings to the Legislature prior to the 1994 General
             385      Session, together with recommendations for proposed legislation, if required for participation
             386      in those activities by those students.]
             387          Section 9. Section 53A-11-103 is amended to read:
             388           53A-11-103. Duties of boards of education in resolving child's attendance
             389      problems -- Parental involvement -- Issuance of truancy citations -- Procedure for
             390      contesting citations -- Liability not imposed.
             391          (1) For each school-age minor who is or should be enrolled within that school district,
             392      the local school board or school district shall make efforts to resolve a minor's school
             393      attendance problems. Those efforts shall include, as reasonably feasible:
             394          (a) counseling of the minor by school authorities;
             395          (b) a written request for parental support in securing regular attendance by the minor
             396      delivered by certified mail, containing notice of the requirements of this section and stating that
             397      refusal to respond to the notice is a class B misdemeanor;

             398          (c) at least one meeting with the minor and the parents;
             399          (d) any necessary adjustment to the curriculum and schedule to meet special needs of
             400      the minor; and
             401          (e) monitoring school attendance of the minor for a period not to exceed 30 days.
             402          (2) In addition to the efforts listed in Subsection (1), the local school board or school
             403      district may enlist the assistance of community and law enforcement agencies as appropriate
             404      and reasonably feasible.
             405          (3) In the event that the minor's school attendance problem cannot be resolved by the
             406      efforts of the local school board or school district, the local school board or school district shall
             407      refer the school-age minor to the appropriate district or county attorney or juvenile court as a
             408      habitual truant.
             409          (4) Any parent of a school-age minor shall, upon written request from a local school
             410      board or school district, cooperate with school authorities in resolving the minor's school
             411      attendance problem.
             412          (5) A local school board may authorize the issuance of truancy citations by school
             413      administrators and appointed truancy specialists. Recipients of truancy citations may be
             414      subjected to administrative penalties[, and to a fee assessed in accordance with a uniform fee
             415      schedule adopted by the State Board of Education].
             416          (6) A local school board that authorizes the issuance of truancy citations shall establish
             417      a procedure for students to contest citations. Any minor having received three prior truancy
             418      citations within a single school year and for whom reasonable efforts to resolve the attendance
             419      problem have failed, shall be issued a habitual truancy citation and referred by the local school
             420      board or school district to the appropriate county or district attorney or juvenile court as a
             421      habitual truant. Proceedings for habitual truancy shall be expedited by the court.
             422          (7) This section shall not impose any civil liability on boards of education or their
             423      employees. Proceedings initiated under this part do not obligate or preclude action by the
             424      Division of Child and Family Services under Section 78-3a-316 .
             425          Section 10. Section 53A-15-101 is amended to read:
             426           53A-15-101. Higher education courses in the public schools -- Cooperation
             427      between public and higher education.
             428          (1) The State Board of Education in collaboration with the State Board of Regents shall

             429      implement:
             430          (a) a curriculum program and delivery system which allows students the option to
             431      complete high school graduation requirements and prepares them to meet college admission
             432      requirements at the conclusion of the eleventh grade, but does not preclude a student involved
             433      in accelerated learning programs from graduating at an earlier time;
             434          (b) a program of selected college credit courses in general and applied technology
             435      education which would be made available in cooperation with the State Board of Regents, as
             436      resources allow, through concurrent enrollment with one or more of the state's institutions of
             437      higher education;
             438          (c) a course of study for a student who decides to continue on through the twelfth grade
             439      that would allow the student to take courses necessary to graduate from high school, and at the
             440      student's option, to become better prepared for the world of work, or complete selected college
             441      level courses corresponding to the first year of course work at a university, college, or
             442      community college in the state system of higher education; and
             443          (d) a program for advanced placement which permits students to earn high school
             444      credits while qualifying to take advanced placement examinations for college credit.
             445          (2) The delivery system and curriculum program shall be designed and implemented to
             446      take full advantage of the most current available educational technology.
             447          (3) The State Board of Regents shall adopt rules to ensure the following:
             448          (a) early high school graduates who are academically prepared and meet college
             449      admission requirements may be enrolled in one of the state's institutions of higher education;
             450          (b) college credit courses are taught in high school concurrent enrollment or advanced
             451      placement programs by college or university faculty or public school educators under the
             452      following conditions:
             453          (i) public school educators in concurrent enrollment programs must first be approved
             454      as adjunct faculty and supervised by a state institution of higher education;
             455          (ii) teaching is done through live classroom instruction or telecommunications; and
             456          (iii) course content, procedures, and teaching materials in concurrent enrollment
             457      programs are approved by the appropriate department or program at an institution of higher
             458      education in order to ensure quality and comparability with courses offered on college and
             459      university campuses; and

             460          (c) college credits obtained under this section shall be accepted for transfer of credit
             461      purposes as if they had been obtained at any public institution of higher education within the
             462      state system.
             463          (4) College-level courses taught in the high school carry the same credit hour value as
             464      when taught on a college or university campus and apply toward graduation on the same basis
             465      as courses taught at an institution of higher education to which the credits are submitted.
             466          (5) The State Board of Education shall provide students in the public schools with the
             467      option of accelerating their educational program and graduating at the conclusion of the
             468      eleventh grade.
             469          (6) (a) The State Board of Education and State Board of Regents shall work in close
             470      cooperation in developing, implementing, and evaluating the program established under this
             471      section.
             472          (b) (i) Each high school shall receive its proportional share of concurrent enrollment
             473      monies appropriated or allocated pursuant to Section 53A-17a-120 based upon the hours of
             474      higher education course work undertaken by students at the school under Subsections (1)(b)
             475      and (1)(c) as compared to the state total.
             476          (ii) School districts shall contract with institutions of higher education to provide the
             477      higher education services required under this section.
             478          (iii) (A) Higher education tuition and fees may not be charged for participation in this
             479      program, except that each institution within the state's higher education system may charge a
             480      one-time per student per institution admissions application fee for concurrent enrollment
             481      course credit offered by the institution.
             482          (B) Payment of the fee under Subsection (6)(b)(iii)(A) satisfies the general admissions
             483      application fee requirement for a full-time or part-time student at an institution so that no
             484      additional admissions application fee may be charged by the institution.
             485          [(c) The two boards shall provide the Legislature and the governor with an annual
             486      report on the effectiveness of the program with specific focus on the availability and use of
             487      counselors in the ninth through eleventh grades to assist students and their parents in designing
             488      and implementing effective student education plans.]
             489          Section 11. Section 53A-17a-108 is amended to read:
             490           53A-17a-108. Weighted pupil units for administrative costs.

             491          [(1)] Administrative costs weighted pupil units are computed and distributed to
             492      districts in accordance with the following schedule:
Administrative Costs Schedule

             494          School District Enrollment as of October 1            Weighted Pupil Units
             495          1 - 2,000 students                            53
             496          2,001 - 10,000 students                        48
             497          10,001 - 20,000 students                        25
             498          20,001 and above                            16
             499          [(2) The State Board of Education shall develop a statewide plan to increase the
             500      proportion of monies allocated to instruction and decrease the proportion of monies allocated
             501      to general district administration and business administration.]
             502          Section 12. Section 53A-17a-109 is amended to read:
             503           53A-17a-109. Necessarily existent small schools -- Computing additional
             504      weighted pupil units -- Consolidation of small schools.
             505          (1) Upon application by each school district, the State Board of Education shall, in
             506      consultation with local school boards, classify particular schools in each district as necessarily
             507      existent small schools.
             508          (a) Applications must be submitted to the state board before April 2, and the board
             509      must report a decision to each school district before June 2.
             510          (b) The state board shall adopt standards and make rules to:
             511          (i) govern the approval of these schools consistent with principles of efficiency and
             512      economy and which shall serve the purpose of eliminating schools where consolidation is
             513      feasible by participation in special school units; and
             514          (ii) ensure that districts are not building secondary schools in close proximity to one
             515      another where economy and efficiency would be better served by one school meeting the needs
             516      of secondary students in a designated geographical area.
             517          (c) A one or two-year secondary school that has received necessarily existent small
             518      school money under this section prior to July 1, 2000, may continue to receive such money in
             519      subsequent years under state board rule.
             520          (2) The state board shall[: (a)] prepare and publish objective standards and guidelines
             521      for determining which small schools are necessarily existent after consultation with local

             522      school boards[; and].
             523          [(b) conduct comprehensive school surveys of the school districts in which small
             524      schools are operated for the purpose of improving school programs, bringing about greater
             525      economy and efficiency, and reporting to the Legislature changes needed in the law pertaining
             526      to small schools.]
             527          (3) The additional units for schools classified as necessarily existent small schools are
             528      computed using regression formulas adopted by the state board.
             529          (a) The regression formulas establish the following maximum sizes for funding under
             530      the necessarily existent small school program:
             531          (i) Elementary                        160
             532          (ii) One or two-year secondary                300
             533          (iii) Three-year secondary                    450
             534          (iv) Four-year secondary school                500
             535          (v) Six-year secondary school                600
             536          (b) Schools with fewer than ten students shall receive the same add-on weighted pupil
             537      units as schools with ten students.
             538          (c) The state board shall prepare and distribute an allocation table based on the
             539      regression formula to each school district.
             540          (4) (a) To avoid penalizing a district financially for consolidating its small schools,
             541      additional units may be allowed a district each year, not to exceed two years.
             542          (b) The units may not exceed the difference between what the district receives for a
             543      consolidated school and what it would have received for the small schools had they not been
             544      consolidated.
             545          (c) A district may use the monies allocated under this subsection for maintenance and
             546      operation of school programs or for other school purposes as approved by the state board.
             547          Section 13. Section 53A-17a-111.5 is amended to read:
             548           53A-17a-111.5. Districts to provide class space for deaf and blind programs.
             549          (1) School districts with students who reside within their boundaries and are served by
             550      the Schools for the Deaf and the Blind shall:
             551          (a) furnish the schools with space required for their programs; or
             552          (b) help pay for the cost of leasing classroom space in other school districts.

             553          (2) A district's participation in the program under Subsection (1) is based upon the
             554      number of students who are served by the Schools for the Deaf and the Blind and who reside
             555      within the district as compared to the state total of students who are served by the schools.
             556          [(3) The Schools for the Deaf and the Blind shall compile an annual list of all districts
             557      that fail to comply with this section and provide a copy of the list to the Legislature.]
             558          Section 14. Section 53A-17a-119 is amended to read:
             559           53A-17a-119. Appropriation for adult education programs.
             560          (1) There is appropriated to the State Board of Education for the fiscal year beginning
             561      July 1, 2002, $8,431,047 for allocation to local school boards for adult education programs,
             562      consisting of adult high school completion and adult basic skills programs.
             563          (2) Each district shall receive its pro rata share of the appropriation for adult high
             564      school completion programs based on the number of people listed in the latest official census
             565      who are over 18 years of age and who do not have a high school diploma and prior year
             566      participation or as approved by board rule.
             567          (3) On February 1 of each school year, the State Board of Education shall recapture
             568      monies not used for an adult high school completion program for reallocation to districts that
             569      have implemented programs based on need and effort as determined by the board.
             570          (4) To the extent of monies available, school districts shall provide programs to adults
             571      who do not have a diploma and who intend to graduate from high school, with particular
             572      emphasis on homeless individuals who are seeking literacy and life skills.
             573          (5) Overruns in adult education in any district may not reduce the value of the weighted
             574      pupil unit for this program in another district.
             575          [(6) The board shall provide the Legislature with a recommendation as to if and when
             576      any fees should be charged for participation in the adult high school completion programs
             577      funded under this section.]
             578          [(7)] (6) School districts shall spend money on adult basic skills programs according to
             579      standards established by the board.
             580          Section 15. Section 53A-17a-124.5 is amended to read:
             581           53A-17a-124.5. Appropriation for class size reduction.
             582          (1) There is appropriated to the State Board of Education for the fiscal year beginning
             583      July 1, 2002, $63,441,924 (29,757 weighted pupil units) to reduce the average class size in

             584      kindergarten through the eighth grade in the state's public schools.
             585          (2) Each district shall receive its allocation based upon prior year average daily
             586      membership in kindergarten through grade eight plus growth as determined under Subsection
             587      53A-17a-106 (3) as compared to the state total.
             588          (3) (a) A district may use its allocation to reduce class size in any one or all of the
             589      grades referred to under this section, except as otherwise provided in Subsection (3)(b).
             590          (b) (i) Each district shall use 50% of its allocation to reduce class size in any one or all
             591      of grades kindergarten through grade two, with an emphasis on improving student reading
             592      skills.
             593          (ii) If a district's average class size is below 18 in grades kindergarten through two, it
             594      may petition the state board for, and the state board may grant, a waiver to use its allocation
             595      under Subsection (3)(b)(i) for class size reduction in the other grades.
             596          (4) Schools may use nontraditional innovative and creative methods to reduce class
             597      sizes with this appropriation and may use part of their allocation to focus on class size
             598      reduction for specific groups, such as at risk students, or for specific blocks of time during the
             599      school day.
             600          (5) (a) A school district may use up to 20% of its allocation under Subsection (1) for
             601      capital facilities projects if such projects would help to reduce class size.
             602          (b) If a school district's student population increases by 5% or 700 students from the
             603      previous school year, the school district may use up to 50% of any allocation it receives under
             604      this section for classroom construction.
             605          (6) This appropriation is to supplement any other appropriation made for class size
             606      reduction.
             607          [(7) (a) The State Board of Education shall compile information on class size, both in
             608      average student-teacher ratios and in actual number of students enrolled in each classroom by
             609      grade level for elementary grades and by subject matter for secondary grades.]
             610          [(b) The State Board of Education shall establish uniform class size reporting rules
             611      among districts.]
             612          [(c) Provisions may be made for explaining special circumstances where class size
             613      exceeds or is below normal distributions.]
             614          [(8) (a) Each school district shall provide annually to the state superintendent of public

             615      instruction a summary report on the overall district plan for utilizing class size reduction funds
             616      provided by the Legislature.]
             617          [(b) If the district has received new additional class size reduction funds during the
             618      previous year, the district shall report data identifying how:]
             619          [(i) the use of the funds complies with legislative intent; and]
             620          [(ii) the use of the funds supplements the district's class size reduction plan.]
             621          [(9)] (7) The Legislature shall provide for an annual adjustment in the appropriation
             622      authorized under this section in proportion to the increase in the number of students in the state
             623      in kindergarten through grade eight.
             624          Section 16. Section 53A-17a-126 is amended to read:
             625           53A-17a-126. State support of pupil transportation.
             626          (1) The state's contribution of $56,164,040 for state-supported transportation of public
             627      school students for the fiscal year beginning on July 1, 2002, is apportioned and distributed in
             628      accordance with Section 53A-17a-127 , except as otherwise provided in this section.
             629          (2) (a) Included in the appropriation under Subsection (1) is an amount not less than
             630      $1,936,610 to be deducted prior to any other distribution under this section to school districts,
             631      and allocated to the Utah Schools for the Deaf and the Blind to pay transportation costs of the
             632      schools' students.
             633          (b) The Utah Schools for the Deaf and the Blind shall utilize these funds to pay for
             634      transportation of their students based on current valid contractual arrangements and best
             635      transportation options and methods as determined by the schools.
             636          (c) All student transportation costs of the schools shall be paid from the allocation
             637      received under this Subsection (2).
             638          (3) Each district shall receive its approved transportation costs, except that if during the
             639      fiscal year the total transportation allowance for all districts exceeds the amount appropriated,
             640      all allowances shall be reduced pro rata to equal not more than that amount.
             641          (4) Included in the appropriation under Subsection (1) is an amount of $187,000 for
             642      transportation of students, as approved by the state board, for school districts that consolidate
             643      schools, implement double session programs at the elementary level, or utilize other
             644      alternatives to building construction that require additional student transportation.
             645          (5) (a) Part of the state's contribution for transportation, not to exceed $200,000, may

             646      be used as an incentive for districts to increase economy and productivity in student
             647      transportation.
             648          (b) This amount is distributed on a pro rata basis among districts which have achieved
             649      the most efficiency according to the state formula.
             650          (c) Districts receiving the incentive funding may expend the monies at the discretion of
             651      the local school board.
             652          (6) [(a)] Local school boards shall provide salary adjustments to employee groups that
             653      work with the transportation of students comparable to those of classified employees
             654      authorized under Section 53A-17a-137 , when dividing the weighted pupil unit for salary
             655      adjustment purposes.
             656          [(b) The State Board of Education shall conduct a study to evaluate the reimbursement
             657      system of funding for pupil transportation with emphasis on looking at methodologies that will
             658      provide incentives for districts that will encourage economical practices.]
             659          Section 17. Section 53A-17a-144 is amended to read:
             660           53A-17a-144. Contribution of state to cost of minimum school program --
             661      Determination of amounts -- Levy on taxable property -- Disbursal -- Deficiency.
             662          The state's contribution to the total cost of the minimum school program is determined
             663      and distributed as follows:
             664          [(1) Prior to June 16 of each year, the State Board of Education shall determine the
             665      estimated total cost of the minimum school program for each school district for the next school
             666      year.]
             667          [(a) The board shall certify this cost to the State Tax Commission, the Division of
             668      Finance, and the state auditor.]
             669          [(b) The certified report shall include the estimated number of units, the cost of the
             670      minimum program for each district as determined with the district, and the amount of any
             671      deficiency in the state's contribution to the minimum school program for the current and the
             672      preceding years.]
             673          [(2)] (1) The State Tax Commission shall levy an amount determined by the
             674      Legislature on all taxable property of the state.
             675          (a) This amount, together with other funds provided by law, is the state's contribution
             676      to the minimum school program.

             677          (b) The statewide levy is set at zero until changed by the Legislature.
             678          [(3)] (2) During the first week in November, the State Tax Commission shall certify to
             679      the State Board of Education the amounts designated as state aid for each district under Section
             680      59-2-902 .
             681          [(4)] (3) (a) The actual amounts computed under Section 59-2-902 are the state's
             682      contribution to the minimum school program of each district.
             683          (b) The state board shall provide each district with a statement of the amount of state
             684      aid.
             685          [(5)] (4) Prior to the first day of each month, the state treasurer and the Division of
             686      Finance, with the approval of the State Board of Education, shall disburse 1/12 of the state's
             687      contribution to the cost of the minimum school program to each school district.
             688          (a) A disbursement may not be made to a district whose payments have been
             689      interrupted under Subsection [(5)] (4)(d).
             690          (b) Discrepancies between the monthly disbursements and the actual cost of the
             691      program shall be adjusted in the final settlement under Subsection [(6)] (5).
             692          (c) If the monthly distributions overdraw the money in the Uniform School Fund, the
             693      Division of Finance is authorized to run this fund in a deficit position.
             694          (d) The state board may interrupt disbursements to a district if, in the judgment of the
             695      board, the district is failing to comply with the minimum school program, is operating
             696      programs that are not approved by the state board, or has not submitted reports required by law
             697      or the state board.
             698          (i) Disbursements shall be resumed upon request of the state board.
             699          (ii) Back disbursements shall be included in the next regular disbursement, and the
             700      amount disbursed certified to the State Division of Finance and state treasurer by the state
             701      board.
             702          (e) The State Board of Education may authorize exceptions to the 1/12 per month
             703      disbursement formula for grant funds if the board determines that a different disbursement
             704      formula would better serve the purposes of the grant.
             705          [(6)] (5) (a) If monies in the Uniform School Fund are insufficient to meet the state's
             706      contribution to the minimum school program as appropriated, the amount of the deficiency thus
             707      created shall be carried as a deficiency in the Uniform School Fund until the next session of the

             708      Legislature, at which time the Legislature shall appropriate funds to cover the deficiency.
             709          (b) If there is an operating deficit in public education Uniform School Fund
             710      appropriations, the Legislature shall eliminate the deficit by:
             711          (i) budget transfers or other legal means;
             712          (ii) appropriating up to 25% of the balance in the Budgetary Reserve Account; or
             713          (iii) some combination of Subsections (5)(b)(i) and (ii).
             714          (c) Nothing in Subsection (5)(b) precludes the Legislature from appropriating more
             715      than 25% of the balance in the Budgetary Reserve Account to fund operating deficits in public
             716      education appropriations.
             717          Section 18. Section 53A-17a-147 is amended to read:
             718           53A-17a-147. Use of funds for approved programs -- Assessment of funded
             719      programs.
             720          (1) Funds appropriated under this chapter shall only be used for programs approved by
             721      the State Board of Education.
             722          (2) The State Board of Education shall assess the progress and degree of effectiveness
             723      of all programs funded under this chapter [and report its assessment to the Legislature on an
             724      annual basis].
             725          Section 19. Section 53A-28-203 is amended to read:
             726           53A-28-203. Fiscal solvency of school districts -- Duties of state treasurer and
             727      attorney general.
             728          (1) The state superintendent of public instruction shall:
             729          (a) monitor the financial affairs and condition of each board in the state to evaluate
             730      each school board's financial solvency; and
             731          [(b) at least annually, report his conclusions to the governor, the Legislature, and the
             732      state treasurer; and]
             733          [(c)] (b) report immediately to the governor and state treasurer any circumstances
             734      suggesting that a school district will be unable to timely meet its debt service obligations and
             735      recommend a course of remedial action.
             736          [(2) (a) After examining the report of the state superintendent of public instruction
             737      required by this subsection, the]
             738          (2) (a) The state treasurer shall determine whether or not the financial affairs and

             739      condition of a board are such that it would be imprudent for the state to guarantee the bonds of
             740      that board.
             741          (b) If the state treasurer determines that the state should not guarantee the bonds of that
             742      board, the state treasurer shall:
             743          (i) prepare a determination of ineligibility; and
             744          (ii) keep it on file in the office of the state treasurer.
             745          (c) The state treasurer may remove a board from the status of ineligibility when a
             746      subsequent report [of the state superintendent of public instruction] or other information made
             747      available to the state treasurer evidences that it is no longer imprudent for the state to guarantee
             748      the bonds of that board.
             749          (3) Nothing in this section affects the state's guaranty of bonds of a board issued:
             750          (a) before determination of ineligibility;
             751          (b) after the eligibility of the board is restored; or
             752          (c) under a certificate of eligibility issued under Section 53A-28-202 .
             753          Section 20. Repealer.
             754          This act repeals:
             755          Section 53A-2-212, Building capacity exemption.
             756          Section 53A-3-416, Annual report on teachers' salaries.
             757          Section 53A-6-212, Filing and publication of interstate educational personnel
             758      contracts.
             759          Section 53A-9-106, School district to report on expenditure of money for career
             760      ladder program.
             761          Section 53A-15-801, Modified School Week Pilot Program -- Components --
             762      Evaluation -- Termination.
             763          Section 53A-15-901, Arts in Elementary Schools Pilot Program -- Components --
             764      Funding -- Evaluation.

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