H.B. 14

1

REPEAL OF EDUCATION MANDATES
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Margaret Dayton
5
6 LONG TITLE
7 General Description:
8 This bill repeals certain requirements relating to the State System of Public Education.
9 Highlighted Provisions:
10 This bill:
11 . repeals the State Board of Education's responsibility to design and implement a state
12 textbook plan;
13 . repeals school building utilization requirements; and
14 . makes technical corrections.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 53A-3-417, as last amended by Chapters 196 and 375, Laws of Utah 1997
22 REPEALS:
23 53A-12-201.5, as last amended by Chapter 210, Laws of Utah 2002
24 53A-17a-142, as renumbered and amended by Chapter 72, Laws of Utah 1991
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 53A-3-417 is amended to read:

28 53A-3-417. Child care centers in public schools -- Requirements -- Availability --
29 Compliance with state and local laws.
30 (1) (a) Upon receiving a request from a community group such as a community
31 council, local PTA, or parent/student organization, a local school board may authorize the use
32 of a part of any school building in the district to provide child care services for school aged
33 children.
34 (b) (i) The school board shall provide written public notice of its intent to authorize a
35 child care center.
36 (ii) The board shall file a copy of the notice with the Office of Child Care within the
37 Department of Workforce Services and the Department of Health.
38 (2) (a) Establishment of a child care center in a public school building is contingent
39 upon the local school board determining that the center will not interfere with the building's use
40 for regular school purposes.
41 [(b) The board may authorize the use of part of a school building for a child care center
42 only if the school is in compliance with Section 53A-17a-142 .]
43 [(c)] (b) The decision shall be made at the sole discretion of the school board.
44 [(d)] (c) A school board may withdraw its approval to operate a child care center at any
45 time if it determines that such use interferes with the operation or interest of the school.
46 [(e)] (d) The school district and its employees and agents are immune from any liability
47 that might otherwise result from a withdrawal of approval if the withdrawal was made in good
48 faith.
49 (3) (a) The board shall charge a commercially reasonable fee for the use of a school
50 building as a child care center so that the district does not incur an expense.
51 (b) The fee shall include but not be limited to costs for utility, building maintenance,
52 and administrative services supplied by the school that are related to the operation of the child
53 care center.
54 (4) (a) Child care service may be provided by governmental agencies other than school
55 districts, nonprofit community service groups, or private providers.
56 (b) If competitive proposals to provide child care services are submitted by the entities
57 listed in Subsection (4)(a), the board shall give preference to the private provider and nonprofit
58 community service groups so long as their proposals are judged to be at least equal to the

59 proposal of the governmental agency.
60 (c) It is intended that these programs function at the local community level with
61 minimal state and district involvement.
62 (5) It is the intent of the Legislature that providers not be required to go through a
63 complex procedure in order to obtain approval for providing the service.
64 (6) (a) Child care centers within a public school building shall make their services
65 available to all children regardless of where the children reside.
66 (b) If space and resources are limited, first priority shall be given to those who reside
67 within the school boundaries where the center is located, and to the children of teachers and
68 other employees of the school where the child care center is located.
69 (c) Second priority shall be given to those who reside within the school district
70 boundaries where the center is located.
71 (7) (a) The school board shall require proof of liability insurance which is adequate in
72 the opinion of the school board for use of school property as a child care center.
73 (b) A school district participating in the state Risk Management Fund shall require the
74 provider of child care services to comply with the applicable provisions of Title 63A, Chapter
75 4, Risk Management.
76 (8) Child care centers established under this section shall operate in compliance with
77 state and local laws and regulations, including zoning and licensing requirements, and
78 applicable school rules.
79 (9) Except for Subsection (8), this section does not apply to child care centers
80 established by a school district within a public school building if the center offers child care
81 services primarily to children of employees or children of students of the school district.
82 Section 2. Repealer.
83 This bill repeals:
84 Section 53A-12-201.5, State plan to meet textbook needs -- Monitoring and
85 auditing of textbook programs.
86 Section 53A-17a-142, School building utilization at 70% of capacity -- Exceptions.

Legislative Review Note
as of 11-19-03 4:32 PM

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

Office of Legislative Research and General Counsel

Interim Committee Note
as of 12-10-03 8:04 AM

The Education Interim Committee recommended this bill.