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H.B. 14 Enrolled





Sponsor: Margaret Dayton

                  LONG TITLE
                  General Description:
                      This bill repeals certain requirements relating to the State System of Public Education.
                  Highlighted Provisions:
                      This bill:
                      .    repeals the State Board of Education's responsibility to design and implement a state
                  textbook plan;
                      .    repeals school building utilization requirements; and
                      .    makes technical corrections.
                  Monies Appropriated in this Bill:
                  Other Special Clauses:
                  Utah Code Sections Affected:
                      53A-3-417, as last amended by Chapters 196 and 375, Laws of Utah 1997
                      53A-12-201.5, as last amended by Chapter 210, Laws of Utah 2002
                      53A-17a-142, as renumbered and amended by Chapter 72, Laws of Utah 1991
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 53A-3-417 is amended to read:
                       53A-3-417. Child care centers in public schools -- Requirements -- Availability --
                  Compliance with state and local laws.

                      (1) (a) Upon receiving a request from a community group such as a community council,
                  local PTA, or parent/student organization, a local school board may authorize the use of a part of
                  any school building in the district to provide child care services for school aged children.
                      (b) (i) The school board shall provide written public notice of its intent to authorize a
                  child care center.
                      (ii) The board shall file a copy of the notice with the Office of Child Care within the
                  Department of Workforce Services and the Department of Health.
                      (2) (a) Establishment of a child care center in a public school building is contingent upon
                  the local school board determining that the center will not interfere with the building's use for
                  regular school purposes.
                      [(b) The board may authorize the use of part of a school building for a child care center
                  only if the school is in compliance with Section 53A-17a-142 .]
                      [(c)] (b) The decision shall be made at the sole discretion of the school board.
                      [(d)] (c) A school board may withdraw its approval to operate a child care center at any
                  time if it determines that such use interferes with the operation or interest of the school.
                      [(e)] (d) The school district and its employees and agents are immune from any liability
                  that might otherwise result from a withdrawal of approval if the withdrawal was made in good
                      (3) (a) The board shall charge a commercially reasonable fee for the use of a school
                  building as a child care center so that the district does not incur an expense.
                      (b) The fee shall include but not be limited to costs for utility, building maintenance, and
                  administrative services supplied by the school that are related to the operation of the child care
                      (4) (a) Child care service may be provided by governmental agencies other than school
                  districts, nonprofit community service groups, or private providers.
                      (b) If competitive proposals to provide child care services are submitted by the entities
                  listed in Subsection (4)(a), the board shall give preference to the private provider and nonprofit
                  community service groups so long as their proposals are judged to be at least equal to the

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                  proposal of the governmental agency.
                      (c) It is intended that these programs function at the local community level with minimal
                  state and district involvement.
                      (5) It is the intent of the Legislature that providers not be required to go through a
                  complex procedure in order to obtain approval for providing the service.
                      (6) (a) Child care centers within a public school building shall make their services
                  available to all children regardless of where the children reside.
                      (b) If space and resources are limited, first priority shall be given to those who reside
                  within the school boundaries where the center is located, and to the children of teachers and other
                  employees of the school where the child care center is located.
                      (c) Second priority shall be given to those who reside within the school district
                  boundaries where the center is located.
                      (7) (a) The school board shall require proof of liability insurance which is adequate in the
                  opinion of the school board for use of school property as a child care center.
                      (b) A school district participating in the state Risk Management Fund shall require the
                  provider of child care services to comply with the applicable provisions of Title 63A, Chapter 4,
                  Risk Management.
                      (8) Child care centers established under this section shall operate in compliance with state
                  and local laws and regulations, including zoning and licensing requirements, and applicable school
                      (9) Except for Subsection (8), this section does not apply to child care centers established
                  by a school district within a public school building if the center offers child care services primarily
                  to children of employees or children of students of the school district.
                      Section 2. Repealer.
                      This bill repeals:
                      Section 53A-12-201.5, State plan to meet textbook needs -- Monitoring and auditing
                  of textbook programs.
                      Section 53A-17a-142, School building utilization at 70% of capacity -- Exceptions.

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