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S.B. 39

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Senate 3rd Reading Amendments 2-18-2004 rd/dsl
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 18, 2004 at 3:27 PM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 18, 2004 at 3:28 PM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 18, 2004 at 3:28 PM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 18, 2004 at 3:29 PM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 18, 2004 at 3:30 PM by rday. -->              1




Sponsor: James M. Evans


             7      LONG TITLE
             8      General Description:
             9          This bill provides for the recognition of Cesar Chavez by the state and public schools.
             10      Highlighted Provisions:
             11          This bill:
             12          .    provides that Cesar Chavez Day shall be commemorated yearly on March 31;
             13      S [     .    allows a local school board to establish a school calendar with Cesar Chavez Day as
             14      a day when schools are closed;
] s
             15          .    allows the State Board of Education to adopt a model curriculum guide to be
             16      available for use by public schools for instruction related to Cesar Chavez Day.
             17      Monies Appropriated in this Bill:
             18          None
             19      Other Special Clauses:
             20          None
             21      Utah Code Sections Affected:
             22      AMENDS:
             23          53A-3-402, as last amended by Chapter 315, Laws of Utah 2003
             24          63-13-5.6, as enacted by Chapter 174, Laws of Utah 2001
             25      ENACTS:
             26          53A-13-109, Utah Code Annotated 1953

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     Be it enacted by the Legislature of the state of Utah:
             29          Section 1. Section 53A-3-402 is amended to read:
             30           53A-3-402. Powers and duties generally.
             31          (1) Each local school board shall:
             32          (a) implement the core curriculum utilizing instructional materials that best correlate to
             33      the core curriculum and graduation requirements;
             34          (b) administer tests, required by the State Board of Education, which measure the
             35      progress of each student, and coordinate with the state superintendent and State Board of
             36      Education to assess results and create plans to improve the student's progress which shall be
             37      submitted to the State Office of Education for approval;
             38          (c) use progress-based assessments as part of a plan to identify schools, teachers, and
             39      students that need remediation and determine the type and amount of federal, state, and local
             40      resources to implement remediation;
             41          (d) develop early warning systems for students or classes failing to make progress;
             42          (e) work with the State Office of Education to establish a library of documented best
             43      practices, consistent with state and federal regulations, for use by the local districts; and
             44          (f) implement training programs for school administrators, including basic
             45      management training, best practices in instructional methods, budget training, staff
             46      management, managing for learning results and continuous improvement, and how to help
             47      every child achieve optimal learning in core academics.
             48          (2) Local school boards shall spend minimum school program funds for programs and
             49      activities for which the State Board of Education has established minimum standards or rules
             50      under Section 53A-1-402 .
             51          (3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
             52      and equipment and construct, erect, and furnish school buildings.
             53          (b) School sites or buildings may only be conveyed or sold on board resolution
             54      affirmed by at least two-thirds of the members.
             55          (4) (a) A board may participate in the joint construction or operation of a school
             56      attended by children residing within the district and children residing in other districts either
             57      within or outside the state.
             58          (b) Any agreement for the joint operation or construction of a school shall:

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         (i) be signed by the president of the board of each participating district;
             60          (ii) include a mutually agreed upon pro rata cost; and
             61          (iii) be filed with the State Board of Education.
             62          (5) A board may establish, locate, and maintain elementary, secondary, and applied
             63      technology schools.
             64          (6) A board may enroll children in school who are at least five years of age before
             65      September 2 of the year in which admission is sought.
             66          (7) A board may establish and support school libraries.
             67          (8) A board may collect damages for the loss, injury, or destruction of school property.
             68          (9) A board may authorize guidance and counseling services for children and their
             69      parents or guardians prior to, during, or following enrollment of the children in schools.
             70          (10) (a) A board may apply for, receive, and administer funds made available through
             71      programs of the federal government.
             72          (b) Federal funds are not considered funds within the school district budget under Title
             73      53A, Chapter 19, School District Budgets.
             74          (c) Federal funds may only be expended for the purposes for which they are received
             75      and are accounted for by the board.
             76          (d) A program created with or expanded by federal funds may be reduced to the extent
             77      allowed by law when federal funds for that program are subsequently reduced or eliminated.
             78          (11) (a) A board may organize school safety patrols and adopt rules under which the
             79      patrols promote student safety.
             80          (b) A student appointed to a safety patrol shall be at least ten years old and have written
             81      parental consent for the appointment.
             82          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
             83      of a highway intended for vehicular traffic use.
             84          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
             85      safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
             86      the program by virtue of the organization, maintenance, or operation of a school safety patrol.
             87          (12) (a) A board may on its own behalf, or on behalf of an educational institution for
             88      which the board is the direct governing body, accept private grants, loans, gifts, endowments,
             89      devises, or bequests that are made for educational purposes.

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Senate 3rd Reading Amendments 2-18-2004 rd/dsl
         (b) These contributions are not subject to appropriation by the Legislature.
             91          (13) (a) A board may appoint and fix the compensation of a compliance officer to issue
             92      citations for violations of Subsection 76-10-105 (2).
             93          (b) A person may not be appointed to serve as a compliance officer without the
             94      person's consent.
             95          (c) A teacher or student may not be appointed as a compliance officer.
             96          (14) A board shall adopt bylaws and rules for its own procedures.
             97          (15) (a) A board shall make and enforce rules necessary for the control and
             98      management of the district schools.
             99          (b) All board rules and policies shall be in writing, filed, and referenced for public
             100      access.
             101          (16) A board may S [ :
             102          (a)
] s
hold school on legal holidays other than Sundays[.] S [ ; and
             103          (b) establish a school calendar with Cesar Chavez Day as a day when schools are
             104      closed
] s
             105          (17) (a) Each board shall establish for each school year a school traffic safety
             106      committee to implement this Subsection (17).
             107          (b) The committee shall be composed of one representative of:
             108          (i) the schools within the district;
             109          (ii) the Parent Teachers' Association of the schools within the district;
             110          (iii) the municipality or county;
             111          (iv) state or local law enforcement; and
             112          (v) state or local traffic safety engineering.
             113          (c) The committee shall:
             114          (i) receive suggestions from parents, teachers, and others and recommend school traffic
             115      safety improvements, boundary changes to enhance safety, and school traffic safety program
             116      measures;
             117          (ii) review and submit annually to the Department of Transportation and affected
             118      municipalities and counties a child access routing plan for each elementary, middle, and junior
             119      high school within the district;
             120          (iii) consult the Utah Safety Council and the Division of Family Health Services and

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     provide training to all school children in kindergarten through grade six, within the district, on
             122      school crossing safety and use; and
             123          (iv) help ensure the district's compliance with rules made by the Department of
             124      Transportation under Section 41-6-20.1 .
             125          (d) The committee may establish subcommittees as needed to assist in accomplishing
             126      its duties under Subsection (17)(c).
             127          (e) The board shall require the school community council of each elementary, middle,
             128      and junior high school within the district to develop and submit annually to the committee a
             129      child access routing plan.
             130          (18) (a) Each school board shall adopt and implement a comprehensive emergency
             131      response plan to prevent and combat violence in its public schools, on school grounds, on its
             132      school vehicles, and in connection with school-related activities or events.
             133          (b) The board shall implement its plan by July 1, 2000.
             134          (c) The plan shall:
             135          (i) include prevention, intervention, and response components;
             136          (ii) be consistent with the student conduct and discipline polices required for school
             137      districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
             138          (iii) require inservice training for all district and school building staff on what their
             139      roles are in the emergency response plan; and
             140          (iv) provide for coordination with local law enforcement and other public safety
             141      representatives in preventing, intervening, and responding to violence in the areas and activities
             142      referred to in Subsection (18)(a).
             143          (d) The State Board of Education, through the state superintendent of public
             144      instruction, shall develop comprehensive emergency response plan models that local school
             145      boards may use, where appropriate, to comply with Subsection (18)(a).
             146          (e) Each local school board shall, by July 1 of each year, certify to the State Board of
             147      Education that its plan has been practiced at the school level and presented to and reviewed by
             148      its teachers, administrators, students, and their parents and local law enforcement and public
             149      safety representatives.
             150          (19) (a) Each local school board may adopt an emergency response plan for the
             151      treatment of sports-related injuries that occur during school sports practices and events.

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         (b) The plan may be implemented by each secondary school in the district that has a
             153      sports program for students.
             154          (c) The plan may:
             155          (i) include emergency personnel, emergency communication, and emergency
             156      equipment components;
             157          (ii) require inservice training on the emergency response plan for school personnel who
             158      are involved in sports programs in the district's secondary schools; and
             159          (iii) provide for coordination with individuals and agency representatives who:
             160          (A) are not employees of the school district; and
             161          (B) would be involved in providing emergency services to students injured while
             162      participating in sports events.
             163          (d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
             164      review the plan each year and make revisions when required to improve or enhance the plan.
             165          (e) The State Board of Education, through the state superintendent of public
             166      instruction, shall provide local school boards with an emergency plan response model that local
             167      boards may use to comply with the requirements of this Subsection (19).
             168          (20) A board shall do all other things necessary for the maintenance, prosperity, and
             169      success of the schools and the promotion of education.
             170          Section 2. Section 53A-13-109 is enacted to read:
             171          53A-13-109. Curriculum guide for Cesar Chavez Day.
             172          The State Board of Education may adopt a model curriculum guide to be available for
             173      use by public schools for instruction related to Cesar Chavez Day.
             174          Section 3. Section 63-13-5.6 is amended to read:
             175           63-13-5.6. Commemorative days.
             176          The following days shall be commemorated yearly on the designated calendar date:
             177          (1) Bill of Rights Day, December 15; [and]
             178          (2) Constitution Day, September 17[.]; and
             179          (3) Cesar Chavez Day, March 31.

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Legislative Review Note
    as of 12-3-03 11:17 AM

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

Office of Legislative Research and General Counsel

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