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H.B. 386

This document includes House Floor Amendments incorporated into the bill on Fri, Mar 5, 2010 at 12:19 PM by lerror. -->              1     

INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY

             2     
FOR MILITARY CHILDREN

             3     
2010 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Gregory H. Hughes

             6     
Senate Sponsor: Margaret Dayton

             7     
             8      LONG TITLE
             9      General Description:
             10          This bill enacts the Interstate Compact on Educational Opportunity for Military
             11      Children.
             12      Highlighted Provisions:
             13          This bill:
             14          .    enacts the Interstate Compact on Educational Opportunity for Military Children,
             15      which includes provisions for transferring military children relating to:
             16              .    defining terms;
             17              .    applicability of the compact;
             18              .    transfer of educational records and enrollment;
             19              .    placement and attendance;
             20              .    eligibility for enrollment and extracurricular participation;
             21              .    graduation; and
             22              .    other administrative and legal parameters;
             23          .    establishes the State Council on Military Children;
             24          .    provides for the appointment of the state's representative on the Interstate
             25      Commission on Educational Opportunity for Military Children; and
             26          .    makes technical changes.
             27      Monies Appropriated in this Bill:


             28          None
             29      Other Special Clauses:
             30          None
             31      Utah Code Sections Affected:
             32      AMENDS:
             33          53A-1-611, as last amended by Laws of Utah 2009, Chapter 277
             34          53A-3-402, as last amended by Laws of Utah 2009, Chapters 277 and 388
             35          53A-11-302, as last amended by Laws of Utah 2009, Chapter 277
             36          53A-11-504, as last amended by Laws of Utah 2009, Chapter 277
             37      ENACTS:
             38          53A-1-1001, Utah Code Annotated 1953
             39          53A-1-1002, Utah Code Annotated 1953
             40          53A-1-1003, Utah Code Annotated 1953
             41      REPEALS:
             42          53A-11-1401, as enacted by Laws of Utah 2009, Chapter 277
             43          53A-11-1402, as enacted by Laws of Utah 2009, Chapter 277
             44          53A-11-1403, as enacted by Laws of Utah 2009, Chapter 277
             45          53A-11-1404, as enacted by Laws of Utah 2009, Chapter 277
             46     
             47      Be it enacted by the Legislature of the state of Utah:
             48          Section 1. Section 53A-1-611 is amended to read:
             49           53A-1-611. Standards and assessment processes to measure student performance
             50      -- Basic skills competency test.
             51          (1) The Legislature recognizes the need for the State Board of Education to develop
             52      and implement standards and assessment processes to ensure that student progress is measured
             53      and that school boards and school personnel are accountable.
             54          (2) (a) In addition to its responsibilities under Sections 53A-1-603 through 53A-1-605 ,
             55      the State Board of Education, through the state superintendent of public instruction, shall
             56      design a basic skills competency test to be administered in the tenth grade.
             57          (b) Except as provided in Subsection (5) and Section [ 53A-11-1404 ] 53A-1-1001 , a
             58      student must pass the basic skills competency test, in addition to the established requirements


             59      of the state and local board of education of the district in which the student attends school, in
             60      order to receive a basic high school diploma of graduation.
             61          (c) The state board shall include in the test, at a minimum, components on English
             62      language arts and reading and mathematics.
             63          (d) Except as provided in Subsection (5) and Section [ 53A-11-1404 ] 53A-1-1001 , a
             64      student who fails to pass all components of the test may not receive a basic high school
             65      diploma but may receive a certificate of completion or alternative completion diploma under
             66      rules made by the State Board of Education in accordance with Title 63G, Chapter 3, Utah
             67      Administrative Rulemaking Act.
             68          (e) The state board shall make rules:
             69          (i) to allow students who initially fail the test to retake all or part of the test; and
             70          (ii) that take into account and are consistent with federal law relating to students with
             71      disabilities in the administration of the test.
             72          (3) The state board shall implement the tenth grade basic skills competency test, no
             73      later than the beginning of the 2003-04 school year.
             74          (4) The requirements of this section are to be complementary to the other achievement
             75      testing provisions of this part.
             76          (5) A student enrolled in a school district or charter school that is exempt from
             77      administering the tenth grade basic skills competency test is subject to high school graduation
             78      standards adopted by the State Board of Education pursuant to Section 53A-1-603 .
             79          Section 2. Section 53A-1-1001 is enacted to read:
             80     
Part 10. Interstate Compact on Educational Opportunity for Military Children

             81          53A-1-1001. Interstate Compact on Educational Opportunity for Military
             82      Children.
             83     
ARTICLE I

             84     
PURPOSE

             85          It is the purpose of this compact to remove barriers to educational success imposed on
             86      children of military families because of frequent moves and deployment of their parents by:
             87          A. Facilitating the timely enrollment of children of military families and ensuring that
             88      they are not placed at a disadvantage due to difficulty in the transfer of education records from
             89      the previous school district or variations in entrance or age requirements.


             90          B. Facilitating the student placement process through which children of military
             91      families are not disadvantaged by variations in attendance requirements, scheduling,
             92      sequencing, grading, course content, or assessment.
             93          C. Facilitating the qualification and eligibility for enrollment, educational programs,
             94      and participation in extracurricular academic, athletic, and social activities.
             95          D. Facilitating the on-time graduation of children of military families.
             96          E. Providing for the promulgation and enforcement of administrative rules
             97      implementing the provisions of this compact.
             98          F. Providing for the uniform collection and sharing of information between and among
             99      member states, schools, and military families under this compact.
             100          G. Promoting coordination between this compact and other compacts affecting military
             101      children.
             102          H. Promoting flexibility and cooperation between the educational system, parents, and
             103      the student in order to achieve educational success for the student.
             104     
ARTICLE II

             105     
DEFINITIONS

             106          As used in this compact, unless the context clearly requires a different construction:
             107          A. "Active duty" means: full-time duty status in the active uniformed service of the
             108      United States, including members of the National Guard and Reserve on active duty orders
             109      pursuant to 10 U.S.C. Sections 1209 and 1211.
             110          B. "Children of military families" means: a school-aged child, enrolled in Kindergarten
             111      through Twelfth grade, in the household of an active duty member.
             112          C. "Compact commissioner" means: the voting representative of each compacting state
             113      appointed pursuant to Article VIII of this compact.
             114          D. "Deployment" means: the period one month prior to the service members' departure
             115      from their home station on military orders though six months after return to their home station.
             116          E. "Education" or "educational records" means: those official records, files, and data
             117      directly related to a student and maintained by the school or local education agency, including
             118      but not limited to records encompassing all the material kept in the student's cumulative folder
             119      such as general identifying data, records of attendance and of academic work completed,
             120      records of achievement and results of evaluative tests, health data, disciplinary status, test


             121      protocols, and individualized education programs.
             122          F. "Extracurricular activities" means: a voluntary activity sponsored by the school or
             123      local education agency or an organization sanctioned by the local education agency.
             124      Extracurricular activities include, but are not limited to, preparation for and involvement in
             125      public performances, contests, athletic competitions, demonstrations, displays, and club
             126      activities.
             127          G. "Interstate Commission on Educational Opportunity for Military Children" means:
             128      the commission that is created under Article IX of this compact, which is generally referred to
             129      as Interstate Commission.
             130          H. "Local education agency" means: a public authority legally constituted by the state
             131      as an administrative agency to provide control of and direction for Kindergarten through
             132      Twelfth grade public educational institutions.
             133          I. "Member state" means: a state that has enacted this compact.
             134          J. "Military installation" means: a base, camp, post, station, yard, center, homeport
             135      facility for any ship, or other activity under the jurisdiction of the Department of Defense,
             136      including any leased facility, which is located within any of the several states, the District of
             137      Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American
             138      Samoa, the Northern Marianas Islands, and any other U.S. Territory. Such term does not
             139      include any facility used primarily for civil works, rivers and harbors projects, or flood control
             140      projects.
             141          K. "Non-member state" means: a state that has not enacted this compact.
             142          L. "Receiving state" means: the state to which a child of a military family is sent,
             143      brought, or caused to be sent or brought.
             144          M. "Rule" means: a written statement by the Interstate Commission promulgated
             145      pursuant to Article XII of this compact that is of general applicability, implements, interprets,
             146      or prescribes a policy or provision of the compact, or an organizational, procedural, or practice
             147      requirement of the Interstate Commission, and has the force and effect of a rule promulgated
             148      under Utah Code Annotated Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
             149      includes the amendment, repeal, or suspension of an existing rule.
             150          N. "Sending state" means: the state from which a child of a military family is sent,
             151      brought, or caused to be sent or brought.


             152          O. "State" means: a state of the United States, the District of Columbia, the
             153      Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern
             154      Marianas Islands, and any other U.S. Territory.
             155          P. "Student" means: the child of a military family for whom the local education agency
             156      receives public funding and who is formally enrolled in Kindergarten through Twelfth grade.
             157          Q. "Transition" means: 1) the formal and physical process of transferring from school
             158      to school; or 2) the period of time in which a student moves from one school in the sending
             159      state to another school in the receiving state.
             160          R. "Uniformed service" means: the Army, Navy, Air Force, Marine Corps, Coast
             161      Guard as well as the Commissioned Corps of the National Oceanic and Atmospheric
             162      Administration, and Public Health Services.
             163          S. "Veteran" means: a person who served in the uniformed services and who was
             164      discharged or released therefrom under conditions other than dishonorable.
             165     
ARTICLE III

             166     
APPLICABILITY

             167          A. Except as otherwise provided in Section B, this compact shall apply to the children
             168      of:
             169          1. active duty members of the uniformed services as defined in this compact, including
             170      members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C.
             171      Sections 1209 and 1211;
             172          2. members or veterans of the uniformed services who are severely injured and
             173      medically discharged or retired for a period of one year after medical discharge or retirement;
             174      and
             175          3. members of the uniformed services who die on active duty or as a result of injuries
             176      sustained on active duty for a period of one year after death.
             177          B. The provisions of this interstate compact shall only apply to local education
             178      agencies as defined in this compact.
             179          C. The provisions of this compact shall not apply to the children of:
             180          1. inactive members of the national guard and military reserves;
             181          2. members of the uniformed services now retired, except as provided in Section A;
             182          3. veterans of the uniformed services, except as provided in Section A, and other U.S.


             183      Dept. of Defense personnel and other federal agency civilian and contract employees not
             184      defined as active duty members of the uniformed services.
             185     
ARTICLE IV

             186     
EDUCATIONAL RECORDS & ENROLLMENT

             187          A. Unofficial or "hand-carried" education records -- In the event that official education
             188      records cannot be released to the parents for the purpose of transfer, the custodian of the
             189      records in the sending state shall prepare and furnish to the parent a complete set of unofficial
             190      educational records containing uniform information as determined by the Interstate
             191      Commission. Upon receipt of the unofficial education records by a school in the receiving
             192      state, the school shall enroll and appropriately place the student based on the information
             193      provided in the unofficial records pending validation by the official records, as quickly as
             194      possible.
             195          B. Official education records or transcripts -- Simultaneous with the enrollment and
             196      conditional placement of the student, the school in the receiving state shall request the student's
             197      official education record from the school in the sending state. Upon receipt of this request, the
             198      school in the sending state will process and furnish the official education records to the school
             199      in the receiving state within 10 days or within such time as is reasonably determined under the
             200      rules promulgated by the Interstate Commission.
             201          C. Immunizations -- Compacting states shall give 30 days from the date of enrollment
             202      or within such time as is reasonably determined under the rules promulgated by the Interstate
             203      Commission, for students to obtain any immunization required by the receiving state. For a
             204      series of immunizations, initial vaccinations must be obtained within 30 days or within such
             205      time as is reasonably determined under the rules promulgated by the Interstate Commission.
             206          D. Kindergarten and First grade entrance age -- Students shall be allowed to continue
             207      their enrollment at grade level in the receiving state commensurate with their grade level,
             208      including Kindergarten, from a local education agency in the sending state at the time of
             209      transition, regardless of age. A student that has satisfactorily completed the prerequisite grade
             210      level in the local education agency in the sending state shall be eligible for enrollment in the
             211      next highest grade level in the receiving state, regardless of age. Students transferring after the
             212      start of the school year in the receiving state shall enter the school in the receiving state on their
             213      validated level from an accredited school in the sending state.


             214     
ARTICLE V

             215     
PLACEMENT & ATTENDANCE

             216          A. Course placement -- When the student transfers before or during the school year, the
             217      receiving state school shall initially honor placement of the student in educational courses
             218      based on the student's enrollment in the sending state school and/or educational assessments
             219      conducted at the school in the sending state if the courses are offered. Course placement
             220      includes but is not limited to Honors, International Baccalaureate, Advanced Placement,
             221      vocational, technical, and career pathways courses. Continuing the student's academic program
             222      from the previous school and promoting placement in academically and career challenging
             223      courses should be paramount when considering placement. This does not preclude the school
             224      in the receiving state from performing subsequent evaluations to ensure appropriate placement
             225      and continued enrollment of the student in the course.
             226          B. Educational program placement -- The receiving state school shall initially honor
             227      placement of the student in educational programs based on current educational assessments
             228      conducted at the school in the sending state or participation or placement in like programs in
             229      the sending state. Such programs include, but are not limited to: 1) gifted and talented
             230      programs; and 2) English as a second language (ESL). This does not preclude the school in the
             231      receiving state from performing subsequent evaluations to ensure appropriate placement of the
             232      student.
             233          C. Special education services -- 1) In compliance with the federal requirements of the
             234      Individuals with Disabilities Education Act (IDEA), 20 U.S.C. Section 1400 et seq., the
             235      receiving state shall initially provide comparable services to a student with disabilities based on
             236      the student's current Individualized Education Program (IEP); and 2) In compliance with the
             237      requirements of Section 504 of the Rehabilitation Act, 29 U.S.C. Section 794, and with Title II
             238      of the Americans with Disabilities Act, 42 U.S.C. Sections 12131-12165, the receiving state
             239      shall make reasonable accommodations and modifications to address the needs of incoming
             240      students with disabilities, subject to an existing 504 or Title II Plan, to provide the student with
             241      equal access to education. This does not preclude the school in the receiving state from
             242      performing subsequent evaluations to ensure appropriate placement of the student.
             243          D. Placement flexibility -- Local education agency administrative officials shall have
             244      flexibility in waiving course or program prerequisites, or other preconditions for placement, in


             245      courses or programs offered under the jurisdiction of the local education agency.
             246          E. Absence as related to deployment activities -- A student whose parent or legal
             247      guardian is an active duty member of the uniformed services, as defined by the compact, and
             248      has been called to duty for, is on leave from, or immediately returned from deployment to a
             249      combat zone or combat support posting, shall be granted additional excused absences at the
             250      discretion of the local education agency superintendent to visit with his or her parent or legal
             251      guardian relative to such leave or deployment of the parent or guardian.
             252     
ARTICLE VI

             253     
ELIGIBILITY

             254          A. Eligibility for enrollment.
             255          1. Special power of attorney, relative to the guardianship of a child of a military family
             256      and executed under applicable law, shall be sufficient for the purposes of enrollment and all
             257      other actions requiring parental participation and consent.
             258          2. A local education agency shall be prohibited from charging local tuition to a
             259      transitioning military child placed in the care of a non-custodial parent or other person standing
             260      in loco parentis who lives in a jurisdiction other than that of the custodial parent.
             261          3. A transitioning military child, placed in the care of a non-custodial parent or other
             262      person standing in loco parentis who lives in a jurisdiction other than that of the custodial
             263      parent, may continue to attend the school in which the student was enrolled while residing with
             264      the custodial parent.
             265          B. Eligibility for extracurricular participation -- State and local education agencies
             266      shall facilitate the opportunity for transitioning military children's inclusion in extracurricular
             267      activities, regardless of application deadlines, to the extent they are otherwise qualified.
             268     
ARTICLE VII

             269     
GRADUATION

             270          In order to facilitate the on-time graduation of children of military families, states and
             271      local education agencies shall incorporate the following procedures:
             272          A. Waiver requirements -- Local education agency administrative officials shall waive
             273      specific courses required for graduation if similar coursework has been satisfactorily completed
             274      in another local education agency or shall provide reasonable justification for denial. Should a
             275      waiver not be granted to a student who would qualify to graduate from the sending school, the


             276      local education agency shall provide an alternative means of acquiring required coursework so
             277      that graduation may occur on time.
             278          B. Exit exams -- States shall accept: 1) exit or end-of-course exams required for
             279      graduation from the sending state; 2) national norm-referenced achievement tests; or 3)
             280      alternative testing, in lieu of testing requirements for graduation in the receiving state. In the
             281      event the above alternatives cannot be accommodated by the receiving state for a student
             282      transferring in the student's Senior year, then the provisions of Article VII, Section C shall
             283      apply.
             284          C. Transfers during Senior year -- Should a military student transferring at the
             285      beginning or during the student's Senior year be ineligible to graduate from the receiving local
             286      education agency after all alternatives have been considered, the sending and receiving local
             287      education agencies shall ensure the receipt of a diploma from the sending local education
             288      agency, if the student meets the graduation requirements of the sending local education agency.
             289      In the event that one of the states in question is not a member of this compact, the member state
             290      shall use best efforts to facilitate the on-time graduation of the student in accordance with
             291      Sections A and B of this Article.
             292     
ARTICLE VIII

             293     
STATE COORDINATION

             294          A. Each member state shall, through the creation of a State Council or use of an
             295      existing body or board, provide for the coordination among its agencies of government, local
             296      education agencies, and military installations concerning the state's participation in, and
             297      compliance with, this compact and Interstate Commission activities. While each member state
             298      may determine the membership of its own State Council, its membership must include at least:
             299      the state superintendent of education, superintendent of a school district with a high
             300      concentration of military children, representative from a military installation, one
             301      representative each from the legislative and executive branches of government, and other
             302      offices and stakeholder groups the State Council deems appropriate. A member state that does
             303      not have a school district deemed to contain a high concentration of military children may
             304      appoint a superintendent from another school district to represent local education agencies on
             305      the State Council.
             306          B. The State Council of each member state shall appoint or designate a military family


             307      education liaison to assist military families and the state in facilitating the implementation of
             308      this compact.
             309          C. The compact commissioner responsible for the administration and management of
             310      the state's participation in the compact shall be appointed by the Governor or as otherwise
             311      determined by each member state.
             312          D. The compact commissioner and the military family education liaison designated
             313      herein shall be ex-officio members of the State Council, unless either is already a full voting
             314      member of the State Council.
             315     
ARTICLE IX

             316     
INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY     

             317      CHILDREN
             318          The member states hereby create the "Interstate Commission on Educational
             319      Opportunity for Military Children." The activities of the Interstate Commission are the
             320      formation of public policy and are a discretionary state function. The Interstate Commission
             321      shall:
             322          A. Be a body corporate and joint agency of the member states and shall have all the
             323      responsibilities, powers, and duties set forth herein, and such additional powers as may be
             324      conferred upon it by a subsequent concurrent action of the respective legislatures of the
             325      member states in accordance with the terms of this compact.
             326          B. Consist of one Interstate Commission voting representative from each member state
             327      who shall be that state's compact commissioner.
             328          1. Each member state represented at a meeting of the Interstate Commission is entitled
             329      to one vote.
             330          2. A majority of the total member states shall constitute a quorum for the transaction of
             331      business, unless a larger quorum is required by the bylaws of the Interstate Commission.
             332          3. A representative shall not delegate a vote to another member state. In the event the
             333      compact commissioner is unable to attend a meeting of the Interstate Commission, the
             334      Governor or State Council may delegate voting authority to another person from their state for
             335      a specified meeting.
             336          4. The bylaws may provide for meetings of the Interstate Commission to be conducted
             337      by telecommunication or electronic communication.


             338          C. Consist of ex-officio, non-voting representatives who are members of interested
             339      organizations. Such ex-officio members, as defined in the bylaws, may include but not be
             340      limited to, members of the representative organizations of military family advocates, local
             341      education agency officials, parent and teacher groups, the U.S. Department of Defense, the
             342      Education Commission of the States, the Interstate Agreement on the Qualification of
             343      Educational Personnel, and other interstate compacts affecting the education of children of
             344      military members.
             345          D. Meet at least once each calendar year. The chairperson may call additional
             346      meetings and, upon the request of a simple majority of the member states, shall call additional
             347      meetings.
             348          E. Establish an executive committee, whose members shall include the officers of the
             349      Interstate Commission and such other members of the Interstate Commission as determined by
             350      the bylaws. Members of the executive committee shall serve a one-year term. Members of the
             351      executive committee shall be entitled to one vote each. The executive committee shall have
             352      the power to act on behalf of the Interstate Commission, with the exception of rulemaking,
             353      during periods when the Interstate Commission is not in session. The executive committee
             354      shall oversee the day-to-day activities of the administration of the compact including
             355      enforcement and compliance with the provisions of the compact, its bylaws and rules, and
             356      other such duties as deemed necessary. The U.S. Dept. of Defense shall serve as an ex-officio,
             357      nonvoting member of the executive committee.
             358          F. Establish bylaws and rules that provide for conditions and procedures under which
             359      the Interstate Commission shall make its information and official records available to the
             360      public for inspection or copying. The Interstate Commission may exempt from disclosure
             361      information or official records to the extent they would adversely affect personal privacy rights
             362      or proprietary interests.
             363          G. Give public notice of all meetings and all meetings shall be open to the public,
             364      except as set forth in the rules or as otherwise provided in the compact. The Interstate
             365      Commission and its committees may close a meeting, or portion thereof, where it determines
             366      by two-thirds vote that an open meeting would be likely to:
             367          1. relate solely to the Interstate Commission's internal personnel practices and
             368      procedures;


             369          2. disclose matters specifically exempted from disclosure by federal and state statute;
             370          3. disclose trade secrets or commercial or financial information which is privileged or
             371      confidential;
             372          4. involve accusing a person of a crime, or formally censuring a person;
             373          5. disclose information of a personal nature where disclosure would constitute a clearly
             374      unwarranted invasion of personal privacy;
             375          6. disclose investigative records compiled for law enforcement purposes; or
             376          7. specifically relate to the Interstate Commission's participation in a civil action or
             377      other legal proceeding.
             378          H. Shall cause its legal counsel or designee to certify that a meeting may be closed and
             379      shall reference each relevant exemptible provision for any meeting, or portion of a meeting,
             380      which is closed pursuant to this provision. The Interstate Commission shall keep minutes
             381      which shall fully and clearly describe all matters discussed in a meeting and shall provide a full
             382      and accurate summary of actions taken, and the reasons therefore, including a description of the
             383      views expressed and the record of a roll call vote. All documents considered in connection
             384      with an action shall be identified in such minutes. All minutes and documents of a closed
             385      meeting shall remain under seal, subject to release by a majority vote of the Interstate
             386      Commission.
             387          I. Shall collect standardized data concerning the educational transition of the children
             388      of military families under this compact as directed through its rules which shall specify the data
             389      to be collected, the means of collection, and data exchange and reporting requirements. Such
             390      methods of data collection, exchange, and reporting shall, in so far as is reasonably possible,
             391      conform to current technology and coordinate its information functions with the appropriate
             392      custodian of records as identified in the bylaws and rules.
             393          J. Shall create a process that permits military officials, education officials, and parents
             394      to inform the Interstate Commission if and when there are alleged violations of the compact or
             395      its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed
             396      by the state or local education agency. This section shall not be construed to create a private
             397      right of action against the Interstate Commission or any member state.
             398     
ARTICLE X

             399     
POWERS AND DUTIES OF THE INTERSTATE COMMISSION


             400          The Interstate Commission shall have the following powers:
             401          A. To provide for dispute resolution among member states.
             402          B. To promulgate rules and take all necessary actions to effect the goals, purposes, and
             403      obligations as enumerated in this compact. The rules shall have the force and effect of rules
             404      promulgated under Utah Code Annotated Title 63G, Chapter 3, Utah Administrative
             405      Rulemaking Act, and shall be binding in the compact states to the extent and in the manner
             406      provided in this compact.
             407          C. To issue, upon request of a member state, advisory opinions concerning the meaning
             408      or interpretation of the interstate compact, its bylaws, rules, and actions.
             409          D. To H. [ enforce ] monitor .H compliance with the compact provisions, the rules
             409a      promulgated by the
             410      Interstate Commission, and the bylaws H. [ , using all necessary and proper means, including, but
             411      not limited to, the use of judicial process
] .H
. Any action to enforce compliance with the compact
             412      provision by the Interstate Commission shall be brought against a member state only.
             413          E. To establish and maintain offices which shall be located within one or more of the
             414      member states.
             415          F. To purchase and maintain insurance and bonds.
             416          G. To borrow, accept, hire, or contract for services of personnel.
             417          H. To establish and appoint committees including, but not limited to, an executive
             418      committee as required by Article IX, Section E, which shall have the power to act on behalf of
             419      the Interstate Commission in carrying out its powers and duties hereunder.
             420          I. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to
             421      fix their compensation, define their duties and determine their qualifications, and to establish
             422      the Interstate Commission's personnel policies and programs relating to conflicts of interest,
             423      rates of compensation, and qualifications of personnel.
             424          J. To accept any and all donations and grants of money, equipment, supplies, materials,
             425      and services, and to receive, utilize, and dispose of it.
             426          K. To lease, purchase, accept contributions, or donations of, or otherwise to own, hold,
             427      improve, or use any property - real, personal, or mixed.
             428          L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
             429      of any property - real, personal, or mixed.
             430          M. To establish a budget and make expenditures.


             431          N. To adopt a seal and bylaws governing the management and operation of the
             432      Interstate Commission.
             433          O. To report annually to the legislatures, governors, judiciary, and state councils of the
             434      member states concerning the activities of the Interstate Commission during the preceding year.
             435      Such reports shall also include any recommendations that may have been adopted by the
             436      Interstate Commission.
             437          P. To coordinate education, training, and public awareness regarding the compact and
             438      its implementation and operation for officials and parents involved in such activity.
             439          Q. To establish uniform standards for the reporting, collecting, and exchanging of data.
             440          R. To maintain corporate books and records in accordance with the bylaws.
             441          S. To perform such functions as may be necessary or appropriate to achieve the
             442      purposes of this compact.
             443          T. To provide for the uniform collection and sharing of information between and
             444      among member states, schools, and military families under this compact.
             445     
ARTICLE XI

             446     
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

             447          A. The Interstate Commission shall, by a majority of the members present and voting,
             448      within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its
             449      conduct as may be necessary or appropriate to carry out the purposes of the compact, including,
             450      but not limited to:
             451          1. establishing the fiscal year of the Interstate Commission;
             452          2. establishing an executive committee, and such other committees as may be
             453      necessary;
             454          3. providing for the establishment of committees and for governing any general or
             455      specific delegation of authority or function of the Interstate Commission;
             456          4. providing reasonable procedures for calling and conducting meetings of the
             457      Interstate Commission, and ensuring reasonable notice of each such meeting;
             458          5. establishing the titles and responsibilities of the officers and staff of the Interstate
             459      Commission;
             460          6. providing a mechanism for concluding the operations of the Interstate Commission
             461      and the return of surplus funds that may exist upon the termination of the compact after the


             462      payment and reserving of all of its debts and obligations; and
             463          7. providing "start up" rules for initial administration of the compact.
             464          B. The Interstate Commission shall, by a majority of the members, elect annually from
             465      among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have
             466      such authority and duties as may be specified in the bylaws. The chairperson or, in the
             467      chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the
             468      Interstate Commission. The officers so elected shall serve without compensation or
             469      remuneration from the Interstate Commission; provided that, subject to the availability of
             470      budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses
             471      incurred by them in the performance of their responsibilities as officers of the Interstate
             472      Commission.
             473          C. Executive Committee, Officers, and Personnel.
             474          1. The executive committee shall have such authority and duties as may be set forth in
             475      the bylaws, including, but not limited to:
             476          a. managing the affairs of the Interstate Commission in a manner consistent with the
             477      bylaws and purposes of the Interstate Commission;
             478          b. overseeing an organizational structure within, and appropriate procedures for the
             479      Interstate Commission to provide for the creation of rules, operating procedures, and
             480      administrative and technical support functions; and
             481          c. planning, implementing, and coordinating communications and activities with other
             482      state, federal, and local government organizations in order to advance the goals of the Interstate
             483      Commission.
             484          2. The executive committee may, subject to the approval of the Interstate Commission,
             485      appoint or retain an executive director for such period, upon such terms and conditions and for
             486      such compensation, as the Interstate Commission may deem appropriate. The executive
             487      director shall serve as secretary to the Interstate Commission, but shall not be a member of the
             488      Interstate Commission. The executive director shall hire and supervise such other persons as
             489      may be authorized by the Interstate Commission.
             490          D. The Interstate Commission's executive director and its employees shall be immune
             491      from suit and liability, either personally or in their official capacity, for a claim for damage to
             492      or loss of property or personal injury or other civil liability caused or arising out of or relating


             493      to an actual or alleged act, error, or omission that occurred, or that such person had a
             494      reasonable basis for believing occurred, within the scope of Interstate Commission
             495      employment, duties, or responsibilities; provided that, such person shall not be protected from
             496      suit or liability for damage, loss, injury, or liability caused by the intentional or willful and
             497      wanton misconduct of such person.
             498          1. The liability of the Interstate Commission's executive director and employees or
             499      Interstate Commission representatives, acting within the scope of such person's employment or
             500      duties for acts, errors, or omissions occurring within such person's state may not exceed the
             501      limits of liability set forth under the Constitution and laws of that state for state officials,
             502      employees, and agents. The Interstate Commission is considered to be an instrumentality of
             503      the states for the purposes of any such action. Nothing in this subsection shall be construed to
             504      protect such person from suit or liability for damage, loss, injury, or liability caused by the
             505      intentional or willful and wanton misconduct of such person.
             506          2. The Interstate Commission shall defend the executive director and its employees
             507      and, subject to the approval of the Attorney General or other appropriate legal counsel of the
             508      member state represented by an Interstate Commission representative, shall defend such
             509      Interstate Commission representative in any civil action seeking to impose liability arising out
             510      of an actual or alleged act, error, or omission that occurred within the scope of Interstate
             511      Commission employment, duties, or responsibilities, or that the defendant had a reasonable
             512      basis for believing occurred within the scope of Interstate Commission employment, duties, or
             513      responsibilities; provided that, the actual or alleged act, error, or omission did not result from
             514      intentional or willful and wanton misconduct on the part of such person.
             515          3. To the extent not covered by the state involved, the member state, or the Interstate
             516      Commission, the representatives or employees of the Interstate Commission shall be held
             517      harmless in the amount of a settlement or judgment, including attorney fees and costs, obtained
             518      against such persons arising out of an actual or alleged act, error, or omission that occurred
             519      within the scope of Interstate Commission employment, duties, or responsibilities, or that such
             520      persons had a reasonable basis for believing occurred within the scope of Interstate
             521      Commission employment, duties, or responsibilities; provided that, the actual or alleged act,
             522      error, or omission did not result from intentional or willful and wanton misconduct on the part
             523      of such persons.


             524     
ARTICLE XII

             525     
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

             526          A. Rulemaking Authority -- The Interstate Commission shall promulgate reasonable
             527      rules in order to effectively and efficiently achieve the purposes of this compact.
             528      Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking
             529      authority in a manner that is beyond the scope of the purposes of this act, or the powers granted
             530      hereunder, then such an action by the Interstate Commission shall be invalid and have no force
             531      or effect.
             532          B. Rulemaking Procedure -- Rules shall be made pursuant to a rulemaking process that
             533      substantially conforms to the "Model State Administrative Procedure Act," of 1981, Uniform
             534      Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of
             535      the Interstate Commission.
             536          C. Not later than 30 days after a rule is promulgated, any person may file a petition for
             537      judicial review of the rule; provided that, the filing of such a petition shall not stay or otherwise
             538      prevent the rule from becoming effective unless the court finds that the petitioner has a
             539      substantial likelihood of success. The court shall give deference to the actions of the Interstate
             540      Commission consistent with applicable law and shall not find the rule to be unlawful if the rule
             541      represents a reasonable exercise of the Interstate Commission's authority.
             542          D. If a majority of the legislatures of the compacting states rejects a rule by enactment
             543      of a statute or resolution in the same manner used to adopt the compact, then such rule shall
             544      have no further force and effect in any compacting state.
             545     
ARTICLE XIII

             546     
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION

             547          A. Oversight.
             548      1. H. [ The executive, legislative, and judicial branches of state government in each ] Each .H
             549      member state shall enforce this compact H. [ and shall take all actions necessary
             549a      and appropriate ] .H to
             550      effectuate the compact's purposes and intent. The provisions of this compact and the rules
             551      promulgated hereunder shall have standing as a rule promulgated under Utah Code Annotated
             552      Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
             553          2. All courts shall take judicial notice of the compact and the rules in any judicial or
             554      administrative proceeding in a member state pertaining to the subject matter of this compact


             555      which may affect the powers, responsibilities, or actions of the Interstate Commission.
             556          3. The Interstate Commission shall be entitled to receive all service of process in any
             557      such proceeding, and shall have standing to intervene in the proceeding for all purposes.
             558      Failure to provide service of process to the Interstate Commission shall render a judgment or
             559      order void as to the Interstate Commission, this compact, or promulgated rules.
             560          B. Default, Technical Assistance, Suspension, and Termination -- If the Interstate
             561      Commission determines that a member state has defaulted in the performance of its obligations
             562      or responsibilities under this compact, or the bylaws or promulgated rules, the Interstate
             563      Commission shall:
             564          1. Provide written notice to the defaulting state and other member states, of the nature
             565      of the default, the means of curing the default, and any action taken by the Interstate
             566      Commission. The Interstate Commission shall specify the conditions by which the defaulting
             567      state must cure its default.
             568          2. Provide remedial training and specific technical assistance regarding the default.
             569          3. If the defaulting state fails to cure the default, the defaulting state shall be terminated
             570      from the compact upon an affirmative vote of a majority of the member states and all rights,
             571      privileges, and benefits conferred by this compact shall be terminated from the effective date of
             572      termination. A cure of the default does not relieve the offending state of obligations or
             573      liabilities incurred during the period of the default.
             574          4. Suspension or termination of membership in the compact shall be imposed only after
             575      all other means of securing compliance have been exhausted. Notice of intent to suspend or
             576      terminate shall be given by the Interstate Commission to the Governor, the majority and
             577      minority leaders of the defaulting state's legislature, and each of the member states.
             578          5. The state which has been suspended or terminated is responsible for all assessments,
             579      obligations, and liabilities incurred through the effective date of suspension or termination
             580      H. [ including obligations, the performance of which extends beyond the effective date of
             581      suspension or termination
] , not to exceed $5,000 per year, as provided in Article XIV,

             581a      Subsection E, for each year that this state is a member of the compact .H .
             582          6. The Interstate Commission shall not bear any costs relating to any state that has been
             583      found to be in default or which has been suspended or terminated from the compact, unless
             584      otherwise mutually agreed upon in writing between the Interstate Commission and the
             585      defaulting state.


             586          7. The defaulting state may appeal the action of the Interstate Commission by
             587      petitioning the U.S. District Court for the District of Columbia or the federal district where the
             588      Interstate Commission has its principal offices. The prevailing party shall be awarded all costs
             589      of such litigation including reasonable attorney fees.
             590          C. Dispute Resolution.
             591          1. The Interstate Commission shall attempt, upon the request of a member state, to
             592      resolve disputes which are subject to the compact and which may arise among member states
             593      and between member and non-member states.
             594          2. The Interstate Commission shall promulgate a rule providing for both mediation and
             595      binding dispute resolution for disputes as appropriate.
             596           H. [ D. Enforcement.
             597          1. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce
             598      the provisions and rules of this compact.
             599          2. The Interstate Commission may, by majority vote of the members, initiate legal
             600      action in the U. S. District Court for the District of Columbia or, at the discretion of the
             601      Interstate Commission, in the federal district where the Interstate Commission has its principal
             602      offices, to enforce compliance with the provisions of the compact, its promulgated rules and
             603      bylaws, against a member state in default. The relief sought may include both injunctive relief
             604      and damages. In the event judicial enforcement is necessary, the prevailing party shall be
             605      awarded all costs of such litigation including reasonable attorney fees.
             606          3. The remedies herein shall not be the exclusive remedies of the Interstate
             607      Commission. The Interstate Commission may avail itself of any other remedies available
             608      under state law or the regulation of a profession.
] .H

             609     
ARTICLE XIV

             610     
FINANCING OF THE INTERSTATE COMMISSION

             611          A. The Interstate Commission shall pay or provide for the payment of the reasonable
             612      expenses of its establishment, organization, and ongoing activities.
             613          B. H. [ The ] In accordance with the funding limit established in Subsection E,
             613a      the .H Interstate Commission may levy and collect an annual assessment from each
             614      member state to cover the cost of the operations and activities of the Interstate Commission and
             615      its staff which must be in a total amount sufficient to cover the Interstate Commission's annual
             616      budget as approved each year. The aggregate annual assessment amount shall be allocated


             617      based upon a formula to be determined by the Interstate Commission, which shall promulgate a
             618      rule binding upon all member states.
             619          C. The Interstate Commission shall not incur obligations of any kind prior to securing
             620      the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of
             621      any of the member states, except by and with the authority of the member state.
             622          D. The Interstate Commission shall keep accurate accounts of all receipts and
             623      disbursements. The receipts and disbursements of the Interstate Commission shall be subject
             624      to the audit and accounting procedures established under its bylaws. However, all receipts and
             625      disbursements of funds handled by the Interstate Commission shall be audited yearly by a
             626      certified or licensed public accountant and the report of the audit shall be included in and
             627      become part of the annual report of the Interstate Commission.
             628          E. The Interstate Commission may not assess, levy, or collect more than $5,000 per
             629      year from Utah legislative appropriations. Other funding sources may be accepted and used to
             630      offset expenses related to the state's participation in the compact.
             631     
ARTICLE XV

             632     
MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT

             633          A. Any state is eligible to become a member state.
             634          B. The compact shall become effective and binding upon legislative enactment of the
             635      compact into law by no less than 10 of the states. The effective date shall be no earlier than
             636      December 1, 2007. Thereafter it shall become effective and binding as to any other member
             637      state upon enactment of the compact into law by that state. The governors of non-member
             638      states or their designees shall be invited to participate in the activities of the Interstate
             639      Commission on a non-voting basis prior to adoption of the compact by all states.
             640          C. The Interstate Commission may propose amendments to the compact for enactment
             641      by the member states. No amendment shall become effective and binding upon the Interstate
             642      Commission and the member states unless and until it is enacted into law by unanimous
             643      consent of the member states.
             644     
ARTICLE XVI

             645     
WITHDRAWAL AND DISSOLUTION

             646          A. Withdrawal.
             647          1. Once effective, the compact shall continue in force and remain binding upon each


             648      and every member state; provided that, a member state may withdraw from the compact by
             649      specifically repealing the statute, which enacted the compact into law.
             650          2. Withdrawal from this compact shall be by the enactment of a statute repealing the
             651      same H. [ , but shall not take effect until written notice of the withdrawal has been given by this
             652      state to the Governor of each other member jurisdiction
] .H
.
             653          3. The withdrawing state shall immediately notify the chairperson of the Interstate
             654      Commission in writing upon the introduction of legislation repealing this compact in the
             655      withdrawing state. The Interstate Commission shall notify the other member states of the
             656      withdrawing state's intent to withdraw within 60 days of its receipt thereof.
             657          4. The withdrawing state is responsible for all assessments, obligations, and liabilities
             658      incurred through the effective date of withdrawal H. [ , including obligations, the performance of
             659      which extend beyond the effective date of withdrawal
] , not to exceed $5,000 per year, as provided

             659a      in Article XIV, Subsection E, for each year that this state is a member of the compact .H .
             660          5. Reinstatement following withdrawal of a member state shall occur upon the
             661      withdrawing state reenacting the compact or upon such later date as determined by the
             662      Interstate Commission.
             663          B. Dissolution of Compact.
             664          1. This compact shall dissolve effective upon the date of the withdrawal or default of
             665      the member state which reduces the membership in the compact to one member state.
             666          2. Upon the dissolution of this compact, the compact becomes null and void and shall
             667      be of no further force or effect, and the business and affairs of the Interstate Commission shall
             668      be concluded and surplus funds shall be distributed in accordance with the bylaws.
             669     
ARTICLE XVII

             670     
SEVERABILITY AND CONSTRUCTION

             671          A. The provisions of this compact shall be severable, and if any phrase, clause,
             672      sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall
             673      be enforceable.
             674          B. The provisions of this compact shall be liberally construed to effectuate its
             675      purposes.
             676          C. Nothing in this compact shall be construed to prohibit the applicability of other
             677      interstate compacts to which the states are members.
             678     
ARTICLE XVIII


             679     
BINDING EFFECT OF COMPACT AND OTHER LAWS

             680          A. Other Laws -- Nothing herein prevents the enforcement of any other law of a
             681      member state.
             682          B. Binding Effect of the Compact.
             683          1. All lawful actions of the Interstate Commission, including all rules and bylaws
             684      promulgated by the Interstate Commission, are binding upon the member states.
             685          2. All agreements between the Interstate Commission and the member states are
             686      binding in accordance with their terms.
             687          3. In the event any provision of this compact exceeds the
             687a      H. statutory or .H constitutional limits imposed
             688      on the legislature of any member state, such provision shall be ineffective to the extent of the
             689      conflict with the H. statutory or .H constitutional provision in question in that member state.
             690          Section 3. Section 53A-1-1002 is enacted to read:
             691          53A-1-1002. Creation of State Council on Military Children.
             692          (1) There is established a State Council on Military Children, as required in Article
             693      VIII of Section 53A-1-1001 .
             694          (2) The members of the State Council on Military Children shall include:
             695          (a) the state superintendent of public instruction;
             696          (b) a superintendent of a school district with a high concentration of military children
             697      appointed by the governor;
             698          (c) a representative from a military installation, appointed by the governor;
             699          (d) one member of the House of Representatives, appointed by the speaker of the
             700      House;
             701          (e) one member of the Senate, appointed by the president of the Senate;
             702          (f) a representative from the Department of Veterans' Affairs, appointed by the
             703      governor;
             704          (g) a military family education liaison, appointed by the members listed in Subsections
             705      (2)(a) through (f);
             706          (h) the compact commissioner, appointed in accordance with Section 53A-1-1003 ; and
             707          (i) other members as determined by the governor.
             708          (3) The State Council on Military Children shall carry out the duties established in
             709      Section 53A-1-1001 .


             710          (4) Members may not receive compensation or per diem.
             711          Section 4. Section 53A-1-1003 is enacted to read:
             712          53A-1-1003. Appointment of compact commissioner.
             713          The governor, with the consent of the Senate, shall appoint a compact commissioner to
             714      carry out the duties described in Section 53A-1-1001 .
             715          Section 5. Section 53A-3-402 is amended to read:
             716           53A-3-402. Powers and duties generally.
             717          (1) Each local school board shall:
             718          (a) implement the core curriculum utilizing instructional materials that best correlate to
             719      the core curriculum and graduation requirements;
             720          (b) administer tests, required by the State Board of Education, which measure the
             721      progress of each student, and coordinate with the state superintendent and State Board of
             722      Education to assess results and create plans to improve the student's progress which shall be
             723      submitted to the State Office of Education for approval;
             724          (c) use progress-based assessments as part of a plan to identify schools, teachers, and
             725      students that need remediation and determine the type and amount of federal, state, and local
             726      resources to implement remediation;
             727          (d) develop early warning systems for students or classes failing to make progress;
             728          (e) work with the State Office of Education to establish a library of documented best
             729      practices, consistent with state and federal regulations, for use by the local districts; and
             730          (f) implement training programs for school administrators, including basic
             731      management training, best practices in instructional methods, budget training, staff
             732      management, managing for learning results and continuous improvement, and how to help
             733      every child achieve optimal learning in core academics.
             734          (2) Local school boards shall spend minimum school program funds for programs and
             735      activities for which the State Board of Education has established minimum standards or rules
             736      under Section 53A-1-402 .
             737          (3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
             738      and equipment and construct, erect, and furnish school buildings.
             739          (b) School sites or buildings may only be conveyed or sold on board resolution
             740      affirmed by at least two-thirds of the members.


             741          (4) (a) A board may participate in the joint construction or operation of a school
             742      attended by children residing within the district and children residing in other districts either
             743      within or outside the state.
             744          (b) Any agreement for the joint operation or construction of a school shall:
             745          (i) be signed by the president of the board of each participating district;
             746          (ii) include a mutually agreed upon pro rata cost; and
             747          (iii) be filed with the State Board of Education.
             748          (5) A board may establish, locate, and maintain elementary, secondary, and applied
             749      technology schools.
             750          (6) Except as provided in [Subsection 53A-11-1402 (3)] Section 53A-1-1001 , a board
             751      may enroll children in school who are at least five years of age before September 2 of the year
             752      in which admission is sought.
             753          (7) A board may establish and support school libraries.
             754          (8) A board may collect damages for the loss, injury, or destruction of school property.
             755          (9) A board may authorize guidance and counseling services for children and their
             756      parents or guardians prior to, during, or following enrollment of the children in schools.
             757          (10) (a) A board shall administer and implement federal educational programs in
             758      accordance with Title 53A, Chapter 1, Part 9, Implementing Federal Programs Act.
             759          (b) Federal funds are not considered funds within the school district budget under Title
             760      53A, Chapter 19, School District Budgets.
             761          (11) (a) A board may organize school safety patrols and adopt rules under which the
             762      patrols promote student safety.
             763          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
             764      parental consent for the appointment.
             765          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
             766      of a highway intended for vehicular traffic use.
             767          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
             768      safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
             769      the program by virtue of the organization, maintenance, or operation of a school safety patrol.
             770          (12) (a) A board may on its own behalf, or on behalf of an educational institution for
             771      which the board is the direct governing body, accept private grants, loans, gifts, endowments,


             772      devises, or bequests that are made for educational purposes.
             773          (b) These contributions are not subject to appropriation by the Legislature.
             774          (13) (a) A board may appoint and fix the compensation of a compliance officer to issue
             775      citations for violations of Subsection 76-10-105 (2).
             776          (b) A person may not be appointed to serve as a compliance officer without the
             777      person's consent.
             778          (c) A teacher or student may not be appointed as a compliance officer.
             779          (14) A board shall adopt bylaws and rules for its own procedures.
             780          (15) (a) A board shall make and enforce rules necessary for the control and
             781      management of the district schools.
             782          (b) All board rules and policies shall be in writing, filed, and referenced for public
             783      access.
             784          (16) A board may hold school on legal holidays other than Sundays.
             785          (17) (a) Each board shall establish for each school year a school traffic safety
             786      committee to implement this Subsection (17).
             787          (b) The committee shall be composed of one representative of:
             788          (i) the schools within the district;
             789          (ii) the Parent Teachers' Association of the schools within the district;
             790          (iii) the municipality or county;
             791          (iv) state or local law enforcement; and
             792          (v) state or local traffic safety engineering.
             793          (c) The committee shall:
             794          (i) receive suggestions from parents, teachers, and others and recommend school traffic
             795      safety improvements, boundary changes to enhance safety, and school traffic safety program
             796      measures;
             797          (ii) review and submit annually to the Department of Transportation and affected
             798      municipalities and counties a child access routing plan for each elementary, middle, and junior
             799      high school within the district;
             800          (iii) consult the Utah Safety Council and the Division of Family Health Services and
             801      provide training to all school children in kindergarten through grade six, within the district, on
             802      school crossing safety and use; and


             803          (iv) help ensure the district's compliance with rules made by the Department of
             804      Transportation under Section 41-6a-303 .
             805          (d) The committee may establish subcommittees as needed to assist in accomplishing
             806      its duties under Subsection (17)(c).
             807          (e) The board shall require the school community council of each elementary, middle,
             808      and junior high school within the district to develop and submit annually to the committee a
             809      child access routing plan.
             810          (18) (a) Each school board shall adopt and implement a comprehensive emergency
             811      response plan to prevent and combat violence in its public schools, on school grounds, on its
             812      school vehicles, and in connection with school-related activities or events.
             813          (b) The board shall implement its plan by July 1, 2000.
             814          (c) The plan shall:
             815          (i) include prevention, intervention, and response components;
             816          (ii) be consistent with the student conduct and discipline policies required for school
             817      districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
             818          (iii) require inservice training for all district and school building staff on what their
             819      roles are in the emergency response plan; and
             820          (iv) provide for coordination with local law enforcement and other public safety
             821      representatives in preventing, intervening, and responding to violence in the areas and activities
             822      referred to in Subsection (18)(a).
             823          (d) The State Board of Education, through the state superintendent of public
             824      instruction, shall develop comprehensive emergency response plan models that local school
             825      boards may use, where appropriate, to comply with Subsection (18)(a).
             826          (e) Each local school board shall, by July 1 of each year, certify to the State Board of
             827      Education that its plan has been practiced at the school level and presented to and reviewed by
             828      its teachers, administrators, students, and their parents and local law enforcement and public
             829      safety representatives.
             830          (19) (a) Each local school board may adopt an emergency response plan for the
             831      treatment of sports-related injuries that occur during school sports practices and events.
             832          (b) The plan may be implemented by each secondary school in the district that has a
             833      sports program for students.


             834          (c) The plan may:
             835          (i) include emergency personnel, emergency communication, and emergency
             836      equipment components;
             837          (ii) require inservice training on the emergency response plan for school personnel who
             838      are involved in sports programs in the district's secondary schools; and
             839          (iii) provide for coordination with individuals and agency representatives who:
             840          (A) are not employees of the school district; and
             841          (B) would be involved in providing emergency services to students injured while
             842      participating in sports events.
             843          (d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
             844      review the plan each year and make revisions when required to improve or enhance the plan.
             845          (e) The State Board of Education, through the state superintendent of public
             846      instruction, shall provide local school boards with an emergency plan response model that local
             847      boards may use to comply with the requirements of this Subsection (19).
             848          (20) A board shall do all other things necessary for the maintenance, prosperity, and
             849      success of the schools and the promotion of education.
             850          (21) (a) Before closing a school or changing the boundaries of a school, a board shall:
             851          (i) hold a public hearing, as defined in Section 10-9a-103 ; and
             852          (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
             853          (b) The notice of a public hearing required under Subsection (21)(a) shall:
             854          (i) indicate the:
             855          (A) school or schools under consideration for closure or boundary change; and
             856          (B) date, time, and location of the public hearing; and
             857          (ii) at least 10 days prior to the public hearing, be:
             858          (A) published:
             859          (I) in a newspaper of general circulation in the area; and
             860          (II) as required in Section 45-1-101 ; and
             861          (B) posted in at least three public locations within the municipality or on the district's
             862      official website.
             863          Section 6. Section 53A-11-302 is amended to read:
             864           53A-11-302. Immunizations required -- Exceptions -- Grounds for exemption


             865      from required immunizations.
             866          (1) A student may not enter school without a certificate of immunization, except as
             867      provided in this section.
             868          (2) Except as provided in [Subsection 53A-11-1402 (4)] Section 53A-1-1001 , a student
             869      who at the time of school enrollment has not been completely immunized against each
             870      specified disease may attend school under a conditional enrollment if the student has received
             871      one dose of each specified vaccine prior to enrollment.
             872          (3) A student is exempt from receiving the required immunizations if there is presented
             873      to the appropriate official of the school one or more of the following:
             874          (a) a certificate from a licensed physician stating that due to the physical condition of
             875      the student one or more specified immunizations would endanger the student's life or health;
             876          (b) A completed form obtained at the local health department where the student
             877      resides, providing:
             878          (i) the information required under Subsection 53A-11-302.5 (1); and
             879          (ii) a statement that the person has a personal belief opposed to immunizations, which
             880      is signed by one of the individuals listed in Subsection 53A-11-302 (3)(c) and witnessed by the
             881      local health officer or his designee; or
             882          (c) a statement that the person is a bona fide member of a specified, recognized
             883      religious organization whose teachings are contrary to immunizations, signed by one of the
             884      following persons:
             885          (i) one of the student's parents;
             886          (ii) the student's guardian;
             887          (iii) a legal age brother or sister of a student who has no parent or guardian; or
             888          (iv) the student, if of legal age.
             889          Section 7. Section 53A-11-504 is amended to read:
             890           53A-11-504. Requirement of school record for transfer of student -- Procedures.
             891          (1) Except as provided in [Subsection 53A-11-1402 (2)(a)] Section 53A-1-1001 , a
             892      school shall request a certified copy of a transfer student's record, directly from the transfer
             893      student's previous school, within 14 days after enrolling the transfer student.
             894          (2) (a) Except as provided in Subsection (2)(b) and [Subsection 53A-11-1402 (2)(b)]
             895      Section 53A-1-1001 , a school requested to forward a certified copy of a transferring student's


             896      record to the new school shall comply within 30 school days of the request.
             897          (b) If the record has been flagged pursuant to Section 53A-11-502 , a school may not
             898      forward the record to the new school and the requested school shall notify the division of the
             899      request.
             900          Section 8. Repealer.
             901          This bill repeals:
             902          Section 53A-11-1401, Definitions.
             903          Section 53A-11-1402, Educational records and enrollment -- Military children.
             904          Section 53A-11-1403, Eligibility -- Military children.
             905          Section 53A-11-1404, Graduation requirements -- Military children.




Legislative Review Note
    as of 2-19-10 6:29 PM


Office of Legislative Research and General Counsel


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