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H.B. 202

This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 21, 2006 at 12:44 PM by smaeser. -->              1     

FOREIGN EXCHANGE STUDENT AMENDMENTS

             2     
2006 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Neal B. Hendrickson

             5     
Senate Sponsor: Peter C. Knudson

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies the State System of Public Education Code by amending foreign
             10      exchange student provision.
             11      Highlighted Provisions:
             12          This bill:
             13          .    allows a foreign exchange student to be included in the attendance count if the
             14      corresponding student who left to participate in a foreign exchange program in a
             15      foreign country returns to the school district or charter school before the conclusion
             16      of the school year.
             17      Monies Appropriated in this Bill:
             18          None
             19      Other Special Clauses:
             20          None
             21      Utah Code Sections Affected:
             22      AMENDS:
             23          53A-2-206, as last amended by Chapter 257, Laws of Utah 2004
             24     
             25      Be it enacted by the Legislature of the state of Utah:
             26          Section 1. Section 53A-2-206 is amended to read:
             27           53A-2-206. Exchange and interstate compact students -- Inclusion in attendance


             28      count -- Annual report -- Requirements for exchange student agencies.
             29          (1) A school district or charter school may include the following students in the
             30      district's or school's membership and attendance count for the purpose of apportionment of
             31      state monies:
             32          (a) a foreign exchange student sponsored by an agency approved by the district's local
             33      school board or charter school's governing board, subject to the limitation of Subsection (2);
             34          (b) a student enrolled under an interstate compact, established between the State Board
             35      of Education and the state education authority of another state, under which a student from one
             36      compact state would be permitted to enroll in a public school in the other compact state on the
             37      same basis as a resident student of the receiving state; or
             38          (c) a student receiving services under the Compact on Placement of Children.
             39          (2) (a) The number of foreign exchange students that may be counted for the purpose
             40      of apportioning state monies shall be the lesser of:
             41          [(a)] (i) S. four times .S the number of foreign exchange students:
             42          [(i)] (A) enrolled in the school district or charter school; and
             43          [(ii)] (B) sponsored by an exchange student agency approved by the district's local
             44      school board or charter school's governing board; or
             45          [(b)] (ii) S. four times .S the number of students that have withdrawn from the school
             45a      district or charter
             46      school to participate in a foreign exchange program in a foreign country.
             47          (b) Notwithstanding the limitation of Subsection (2)(a)(ii), S. [ a ] four .S foreign
             47a      exchange S. [ student ] students .S
             48      may be counted for the purpose of apportioning state monies if the corresponding student that
             49      withdrew from the school district or charter school to participate in a foreign exchange
             50      program in a foreign country returns to the school district or charter school before the
             51      conclusion of the school year.
             52          (3) A school district or charter school may:
             53          (a) enroll foreign exchange students that do not qualify for state monies; and
             54          (b) pay for the costs of those students with other funds available to the school district
             55      or charter school.
             56          (4) Due to the benefits to all students of having the opportunity to become familiar
             57      with individuals from diverse backgrounds and cultures, school districts are encouraged to
             58      enroll foreign exchange students, as provided in Subsection (3), particularly in schools with


             59      declining or stable enrollments where the incremental cost of enrolling the foreign exchange
             60      student may be minimal.
             61          (5) The board shall make an annual report to the Legislature on the number of
             62      exchange students and the number of interstate compact students sent to or received from
             63      public schools outside the state.
             64          (6) (a) A local school board or charter school governing board shall require each
             65      approved exchange student agency to provide it with a sworn affidavit of compliance prior to
             66      the beginning of each school year.
             67          (b) The affidavit shall include the following assurances:
             68          (i) that the agency has complied with all applicable policies of the board;
             69          (ii) that a household study, including a background check of all adult residents, has
             70      been made of each household where an exchange student is to reside, and that the study was of
             71      sufficient scope to provide reasonable assurance that the exchange student will receive proper
             72      care and supervision in a safe environment;
             73          (iii) that host parents have received training appropriate to their positions, including
             74      information about enhanced criminal penalties under Subsection 76-5-406 (10) for persons who
             75      are in a position of special trust;
             76          (iv) that a representative of the exchange student agency shall visit each student's place
             77      of residence at least once each month during the student's stay in Utah;
             78          (v) that the agency will cooperate with school and other public authorities to ensure
             79      that no exchange student becomes an unreasonable burden upon the public schools or other
             80      public agencies;
             81          (vi) that each exchange student will be given in the exchange student's native language
             82      names and telephone numbers of agency representatives and others who could be called at any
             83      time if a serious problem occurs; and
             84          (vii) that alternate placements are readily available so that no student is required to
             85      remain in a household if conditions appear to exist which unreasonably endanger the student's
             86      welfare.
             87          (7) (a) A local school board or charter school governing board shall provide each
             88      approved exchange student agency with a list of names and telephone numbers of individuals
             89      not associated with the agency who could be called by an exchange student in the event of a


             90      serious problem.
             91          (b) The agency shall make a copy of the list available to each of its exchange students
             92      in the exchange student's native language.




Legislative Review Note
    as of 1-23-06 3:58 PM


Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel


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