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H.B. 345






Chief Sponsor: Eric K. Hutchings

Senate Sponsor: Carlene M. Walker

             8      LONG TITLE
             9      General Description:
             10          This bill provides an exception to the minimum age for public education enrollment.
             11      Highlighted Provisions:
             12          This bill:
             13          .    allows a student who previously attended a public school in another state to enroll
             14      in public education in Utah; and
             15          .    makes technical corrections.
             16      Monies Appropriated in this Bill:
             17          None
             18      Other Special Clauses:
             19          None
             20      Utah Code Sections Affected:
             21      AMENDS:
             22          53A-3-402, as last amended by Laws of Utah 2007, Chapter 92
             24      Be it enacted by the Legislature of the state of Utah:
             25          Section 1. Section 53A-3-402 is amended to read:
             26           53A-3-402. Powers and duties generally.
             27          (1) Each local school board shall:

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

             59      technology schools.
             60          (6) [A] (a) Except as provided in Subsection (6)(b), a board may enroll children in
             61      school who are at least five years of age before September 2 of the year in which admission is
             62      sought.
             63          (b) A board may enroll a child in school who is not at least five years of age before
             64      September 2 of the year in which admission is sought if the child previously attended a public
             65      school in kindergarten or above as a resident in another state.
             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 shall administer and implement federal educational programs in
             71      accordance with Title 53A, Chapter 1, Part 9, Implementing Federal Programs Act.
             72          (b) Federal funds are not considered funds within the school district budget under Title
             73      53A, Chapter 19, School District Budgets.
             74          (11) (a) A board may organize school safety patrols and adopt rules under which the
             75      patrols promote student safety.
             76          (b) A student appointed to a safety patrol shall be at least ten years old and have written
             77      parental consent for the appointment.
             78          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
             79      of a highway intended for vehicular traffic use.
             80          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
             81      safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
             82      the program by virtue of the organization, maintenance, or operation of a school safety patrol.
             83          (12) (a) A board may on its own behalf, or on behalf of an educational institution for
             84      which the board is the direct governing body, accept private grants, loans, gifts, endowments,
             85      devises, or bequests that are made for educational purposes.
             86          (b) These contributions are not subject to appropriation by the Legislature.
             87          (13) (a) A board may appoint and fix the compensation of a compliance officer to issue
             88      citations for violations of Subsection 76-10-105 (2).
             89          (b) A person may not be appointed to serve as a compliance officer without the

             90      person's consent.
             91          (c) A teacher or student may not be appointed as a compliance officer.
             92          (14) A board shall adopt bylaws and rules for its own procedures.
             93          (15) (a) A board shall make and enforce rules necessary for the control and
             94      management of the district schools.
             95          (b) All board rules and policies shall be in writing, filed, and referenced for public
             96      access.
             97          (16) A board may hold school on legal holidays other than Sundays.
             98          (17) (a) Each board shall establish for each school year a school traffic safety
             99      committee to implement this Subsection (17).
             100          (b) The committee shall be composed of one representative of:
             101          (i) the schools within the district;
             102          (ii) the Parent Teachers' Association of the schools within the district;
             103          (iii) the municipality or county;
             104          (iv) state or local law enforcement; and
             105          (v) state or local traffic safety engineering.
             106          (c) The committee shall:
             107          (i) receive suggestions from parents, teachers, and others and recommend school traffic
             108      safety improvements, boundary changes to enhance safety, and school traffic safety program
             109      measures;
             110          (ii) review and submit annually to the Department of Transportation and affected
             111      municipalities and counties a child access routing plan for each elementary, middle, and junior
             112      high school within the district;
             113          (iii) consult the Utah Safety Council and the Division of Family Health Services and
             114      provide training to all school children in kindergarten through grade six, within the district, on
             115      school crossing safety and use; and
             116          (iv) help ensure the district's compliance with rules made by the Department of
             117      Transportation under Section 41-6a-303 .
             118          (d) The committee may establish subcommittees as needed to assist in accomplishing
             119      its duties under Subsection (17)(c).
             120          (e) The board shall require the school community council of each elementary, middle,

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

             152          (iii) provide for coordination with individuals and agency representatives who:
             153          (A) are not employees of the school district; and
             154          (B) would be involved in providing emergency services to students injured while
             155      participating in sports events.
             156          (d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
             157      review the plan each year and make revisions when required to improve or enhance the plan.
             158          (e) The State Board of Education, through the state superintendent of public
             159      instruction, shall provide local school boards with an emergency plan response model that local
             160      boards may use to comply with the requirements of this Subsection (19).
             161          (20) A board shall do all other things necessary for the maintenance, prosperity, and
             162      success of the schools and the promotion of education.
             163          (21) (a) Before closing a school or changing the boundaries of a school, a board shall:
             164          (i) hold a public hearing, as defined in Section 10-9a-103 ; and
             165          (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
             166          (b) The notice of a public hearing required under Subsection (21)(a) shall:
             167          (i) indicate the:
             168          (A) school or schools under consideration for closure or boundary change; and
             169          (B) date, time, and location of the public hearing; and
             170          (ii) at least ten days prior to the public hearing, be:
             171          (A) published in a newspaper of general circulation in the area; and
             172          (B) posted in at least three public locations within the municipality or on the district's
             173      official website.

Legislative Review Note
    as of 1-25-08 2:08 PM

Office of Legislative Research and General Counsel

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