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S.B. 147

             1     

EDUCATION RELATED PARENT

             2     
ORGANIZATIONS

             3     
2010 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Margaret Dayton

             6     
House Sponsor: Keith Grover

             7     
             8      LONG TITLE
             9      General Description:
             10          This bill amends provisions related to parent organizations.
             11      Highlighted Provisions:
             12          This bill:
             13          .    amends references to parent organizations;
             14          .    requires the state superintendent of public instruction to appoint one person
             15      representing a parent organization as a member of an investment advisory
             16      committee for investment of Land Grant Trust Fund monies; and
             17          .    makes technical changes.
             18      Monies Appropriated in this Bill:
             19          None
             20      Other Special Clauses:
             21          None
             22      Utah Code Sections Affected:
             23      AMENDS:
             24          46-4-503, as last amended by Laws of Utah 2008, Chapter 382
             25          51-7a-301, as enacted by Laws of Utah 2006, Chapter 277
             26          53A-3-402, as last amended by Laws of Utah 2009, Chapters 277 and 388
             27          53A-3-417, as last amended by Laws of Utah 2004, Chapter 171


             28          53B-18-801, as enacted by Laws of Utah 1999, Chapter 333
             29          63M-9-103, as renumbered and amended by Laws of Utah 2008, Chapter 382
             30          63M-9-402, as renumbered and amended by Laws of Utah 2008, Chapter 382
             31          67-5-20, as enacted by Laws of Utah 2005, Chapter 277
             32     
             33      Be it enacted by the Legislature of the state of Utah:
             34          Section 1. Section 46-4-503 is amended to read:
             35           46-4-503. Government products and services provided electronically.
             36          (1) Notwithstanding Section 46-4-501 , a state governmental agency that administers
             37      one or more of the following transactions shall allow those transactions to be conducted
             38      electronically:
             39          (a) an application for or renewal of a professional or occupational license issued under
             40      Title 58, Occupations and Professions;
             41          (b) the renewal of a drivers license;
             42          (c) an application for a hunting or fishing license;
             43          (d) the filing of:
             44          (i) a return under Title 59, Chapter 10, Individual Income Tax Act or 12, Sales and Use
             45      Tax Act;
             46          (ii) a court document, as defined by the Judicial Council; or
             47          (iii) a document under Title 70A, Uniform Commercial Code;
             48          (e) a registration for:
             49          (i) a product; or
             50          (ii) a brand;
             51          (f) a renewal of a registration of a motor vehicle;
             52          (g) a registration under:
             53          (i) Title 16, Corporations;
             54          (ii) Title 42, Names; or
             55          (iii) Title 48, Partnership; or
             56          (h) submission of an application for benefits:
             57          (i) under Title 35A, Chapter 3, Employment Support Act;
             58          (ii) under Title 35A, Chapter 4, Employment Security Act; or


             59          (iii) related to accident and health insurance.
             60          (2) The state system of public education, in coordination with the Utah Education
             61      Network, shall make reasonable progress toward making the following services available
             62      electronically:
             63          (a) secure access by parents and students to student grades and progress reports;
             64          (b) e-mail communications with:
             65          (i) teachers;
             66          (ii) [parent-teacher associations] parent organizations; and
             67          (iii) school administrators;
             68          (c) access to school calendars and schedules; and
             69          (d) teaching resources that may include:
             70          (i) teaching plans;
             71          (ii) curriculum guides; and
             72          (iii) media resources.
             73          (3) A state governmental agency shall:
             74          (a) in carrying out the requirements of this section, take reasonable steps to ensure the
             75      security and privacy of records that are private or controlled as defined by Title 63G, Chapter 2,
             76      Government Records Access and Management Act;
             77          (b) in addition to those transactions listed in Subsections (1) and (2), determine any
             78      additional services that may be made available to the public through electronic means; and
             79          (c) as part of the agency's information technology plan required by Section 63F-1-204 ,
             80      report on the progress of compliance with Subsections (1) through (3).
             81          (4) Notwithstanding the other provisions of this part, a state governmental agency is
             82      not required by this part to conduct a transaction electronically if:
             83          (a) conducting the transaction electronically is not required by federal law; and
             84          (b) conducting the transaction electronically is:
             85          (i) impractical;
             86          (ii) unreasonable; or
             87          (iii) not permitted by laws pertaining to privacy or security.
             88          (5) (a) For purposes of this Subsection (5), "one-stop shop" means the consolidation of
             89      access to diverse services and agencies at one location including virtual colocation.


             90          (b) State agencies that provide services or offer direct assistance to the business
             91      community shall participate in the establishment, maintenance, and enhancement of an
             92      integrated Utah business web portal known as Business.utah.gov. The purpose of the business
             93      web portal is to provide "one-stop shop" assistance to businesses.
             94          (c) State agencies shall partner with other governmental and nonprofit agencies whose
             95      primary mission is to provide services or offer direct assistance to the business community in
             96      Utah in fulfilling the requirements of this section.
             97          (d) The following state entities shall comply with the provisions of this Subsection (5):
             98          (i) Governor's Office of Economic Development, which shall serve as the managing
             99      partner for the website;
             100          (ii) Department of Workforce Services;
             101          (iii) Department of Commerce;
             102          (iv) Tax Commission;
             103          (v) Department of Administrative Services - Division of Purchasing and General
             104      Services, including other state agencies operating under a grant of authority from the division
             105      to procure goods and services in excess of $5,000;
             106          (vi) Department of Agriculture;
             107          (vii) Department of Natural Resources; and
             108          (viii) other state agencies that provide services or offer direct assistance to the business
             109      sector.
             110          (e) The business services available on the business web portal may include:
             111          (i) business life cycle information;
             112          (ii) business searches;
             113          (iii) employment needs and opportunities;
             114          (iv) motor vehicle registration;
             115          (v) permit applications and renewal;
             116          (vi) tax information;
             117          (vii) government procurement bid notifications;
             118          (viii) general business information;
             119          (ix) business directories; and
             120          (x) business news.


             121          Section 2. Section 51-7a-301 is amended to read:
             122           51-7a-301. Investment advisory committee -- Creation.
             123          (1) (a) There is created an investment advisory committee of seven members appointed
             124      as follows:
             125          (i) one member appointed by the president of the University of Utah;
             126          (ii) one member appointed by the president of Utah State University;
             127          (iii) [two] three members appointed by the state superintendent of public instruction;
             128          (iv) one member appointed by the president of the Utah Education Association; and
             129          [(v) one member appointed by the president of the Utah Parent Teachers Association;
             130      and]
             131          [(vi)] (v) one member appointed by the Board of Trustees of the School and
             132      Institutional Trust Lands Administration.
             133          (b) In making appointments, the appointing authority shall appoint candidates with
             134      experience in securities, investments, or banking, or other experience that would aid the
             135      committee in fulfilling its responsibilities.
             136          (c) At least one of the members appointed by the state superintendent of public
             137      instruction as required in Subsection (1)(a)(iii) shall represent a parent organization.
             138          (2) (a) (i) Except as required by Subsection (2)(a)(ii), as terms of current committee
             139      members expire, the appointing authority shall appoint each new member or reappointed
             140      member to a four-year term.
             141          (ii) The appointing authority shall, at the time of appointment or reappointment, adjust
             142      the length of terms to ensure that the terms of committee members are staggered so that
             143      approximately half of the committee is appointed every two years.
             144          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
             145      appointed for the unexpired term.
             146          (3) The investment advisory committee shall meet at least quarterly.
             147          (4) The investment advisory committee shall elect a chair and vice chair.
             148          (5) (a) A committee member shall disclose any conflict of interest to the board.
             149          (b) If the conflict involves a direct, personal financial interest in either the subject
             150      under consideration or an entity or asset that could be substantially affected by the outcome of
             151      committee advice, the member may not vote on the matter.


             152          (6) (a) (i) Members who are not government employees shall receive no compensation
             153      or benefits for their services, but may receive per diem and expenses incurred in the
             154      performance of the member's official duties at the rates established by the Division of Finance
             155      under Sections 63A-3-106 and 63A-3-107 .
             156          (ii) Members may decline to receive per diem and expenses for their service.
             157          (b) (i) State government officer and employee members who do not receive salary, per
             158      diem, or expenses from their agency for their service may receive per diem and expenses
             159      incurred in the performance of their official duties from the committee at the rates established
             160      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             161          (ii) A state government member who is a member because of his state government
             162      position may not receive per diem or expenses for his service.
             163          (iii) State government officer and employee members may decline to receive per diem
             164      and expenses for their service.
             165          (c) (i) Local government members who do not receive salary, per diem, or expenses
             166      from the entity that they represent for their service may receive per diem and expenses incurred
             167      in the performance of their official duties at the rates established by the Division of Finance
             168      under Sections 63A-3-106 and 63A-3-107 .
             169          (ii) Local government members may decline to receive per diem and expenses for their
             170      service.
             171          Section 3. Section 53A-3-402 is amended to read:
             172           53A-3-402. Powers and duties generally.
             173          (1) Each local school board shall:
             174          (a) implement the core curriculum utilizing instructional materials that best correlate to
             175      the core curriculum and graduation requirements;
             176          (b) administer tests, required by the State Board of Education, which measure the
             177      progress of each student, and coordinate with the state superintendent and State Board of
             178      Education to assess results and create plans to improve the student's progress which shall be
             179      submitted to the State Office of Education for approval;
             180          (c) use progress-based assessments as part of a plan to identify schools, teachers, and
             181      students that need remediation and determine the type and amount of federal, state, and local
             182      resources to implement remediation;


             183          (d) develop early warning systems for students or classes failing to make progress;
             184          (e) work with the State Office of Education to establish a library of documented best
             185      practices, consistent with state and federal regulations, for use by the local districts; and
             186          (f) implement training programs for school administrators, including basic
             187      management training, best practices in instructional methods, budget training, staff
             188      management, managing for learning results and continuous improvement, and how to help
             189      every child achieve optimal learning in core academics.
             190          (2) Local school boards shall spend minimum school program funds for programs and
             191      activities for which the State Board of Education has established minimum standards or rules
             192      under Section 53A-1-402 .
             193          (3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
             194      and equipment and construct, erect, and furnish school buildings.
             195          (b) School sites or buildings may only be conveyed or sold on board resolution
             196      affirmed by at least two-thirds of the members.
             197          (4) (a) A board may participate in the joint construction or operation of a school
             198      attended by children residing within the district and children residing in other districts either
             199      within or outside the state.
             200          (b) Any agreement for the joint operation or construction of a school shall:
             201          (i) be signed by the president of the board of each participating district;
             202          (ii) include a mutually agreed upon pro rata cost; and
             203          (iii) be filed with the State Board of Education.
             204          (5) A board may establish, locate, and maintain elementary, secondary, and applied
             205      technology schools.
             206          (6) Except as provided in Subsection 53A-11-1402 (3), a board may enroll children in
             207      school who are at least five years of age before September 2 of the year in which admission is
             208      sought.
             209          (7) A board may establish and support school libraries.
             210          (8) A board may collect damages for the loss, injury, or destruction of school property.
             211          (9) A board may authorize guidance and counseling services for children and their
             212      parents or guardians prior to, during, or following enrollment of the children in schools.
             213          (10) (a) A board shall administer and implement federal educational programs in


             214      accordance with Title 53A, Chapter 1, Part 9, Implementing Federal Programs Act.
             215          (b) Federal funds are not considered funds within the school district budget under Title
             216      53A, Chapter 19, School District Budgets.
             217          (11) (a) A board may organize school safety patrols and adopt rules under which the
             218      patrols promote student safety.
             219          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
             220      parental consent for the appointment.
             221          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
             222      of a highway intended for vehicular traffic use.
             223          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
             224      safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
             225      the program by virtue of the organization, maintenance, or operation of a school safety patrol.
             226          (12) (a) A board may on its own behalf, or on behalf of an educational institution for
             227      which the board is the direct governing body, accept private grants, loans, gifts, endowments,
             228      devises, or bequests that are made for educational purposes.
             229          (b) These contributions are not subject to appropriation by the Legislature.
             230          (13) (a) A board may appoint and fix the compensation of a compliance officer to issue
             231      citations for violations of Subsection 76-10-105 (2).
             232          (b) A person may not be appointed to serve as a compliance officer without the
             233      person's consent.
             234          (c) A teacher or student may not be appointed as a compliance officer.
             235          (14) A board shall adopt bylaws and rules for its own procedures.
             236          (15) (a) A board shall make and enforce rules necessary for the control and
             237      management of the district schools.
             238          (b) All board rules and policies shall be in writing, filed, and referenced for public
             239      access.
             240          (16) A board may hold school on legal holidays other than Sundays.
             241          (17) (a) Each board shall establish for each school year a school traffic safety
             242      committee to implement this Subsection (17).
             243          (b) The committee shall be composed of one representative of:
             244          (i) the schools within the district;


             245          (ii) [the Parent Teachers' Association] a parent organization of the schools within the
             246      district;
             247          (iii) the municipality or county;
             248          (iv) state or local law enforcement; and
             249          (v) state or local traffic safety engineering.
             250          (c) The committee shall:
             251          (i) receive suggestions from parents, teachers, and others and recommend school traffic
             252      safety improvements, boundary changes to enhance safety, and school traffic safety program
             253      measures;
             254          (ii) review and submit annually to the Department of Transportation and affected
             255      municipalities and counties a child access routing plan for each elementary, middle, and junior
             256      high school within the district;
             257          (iii) consult the Utah Safety Council and the Division of Family Health Services and
             258      provide training to all school children in kindergarten through grade six, within the district, on
             259      school crossing safety and use; and
             260          (iv) help ensure the district's compliance with rules made by the Department of
             261      Transportation under Section 41-6a-303 .
             262          (d) The committee may establish subcommittees as needed to assist in accomplishing
             263      its duties under Subsection (17)(c).
             264          (e) The board shall require the school community council of each elementary, middle,
             265      and junior high school within the district to develop and submit annually to the committee a
             266      child access routing plan.
             267          (18) (a) Each school board shall adopt and implement a comprehensive emergency
             268      response plan to prevent and combat violence in its public schools, on school grounds, on its
             269      school vehicles, and in connection with school-related activities or events.
             270          (b) The board shall implement its plan by July 1, 2000.
             271          (c) The plan shall:
             272          (i) include prevention, intervention, and response components;
             273          (ii) be consistent with the student conduct and discipline policies required for school
             274      districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
             275          (iii) require inservice training for all district and school building staff on what their


             276      roles are in the emergency response plan; and
             277          (iv) provide for coordination with local law enforcement and other public safety
             278      representatives in preventing, intervening, and responding to violence in the areas and activities
             279      referred to in Subsection (18)(a).
             280          (d) The State Board of Education, through the state superintendent of public
             281      instruction, shall develop comprehensive emergency response plan models that local school
             282      boards may use, where appropriate, to comply with Subsection (18)(a).
             283          (e) Each local school board shall, by July 1 of each year, certify to the State Board of
             284      Education that its plan has been practiced at the school level and presented to and reviewed by
             285      its teachers, administrators, students, and their parents and local law enforcement and public
             286      safety representatives.
             287          (19) (a) Each local school board may adopt an emergency response plan for the
             288      treatment of sports-related injuries that occur during school sports practices and events.
             289          (b) The plan may be implemented by each secondary school in the district that has a
             290      sports program for students.
             291          (c) The plan may:
             292          (i) include emergency personnel, emergency communication, and emergency
             293      equipment components;
             294          (ii) require inservice training on the emergency response plan for school personnel who
             295      are involved in sports programs in the district's secondary schools; and
             296          (iii) provide for coordination with individuals and agency representatives who:
             297          (A) are not employees of the school district; and
             298          (B) would be involved in providing emergency services to students injured while
             299      participating in sports events.
             300          (d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
             301      review the plan each year and make revisions when required to improve or enhance the plan.
             302          (e) The State Board of Education, through the state superintendent of public
             303      instruction, shall provide local school boards with an emergency plan response model that local
             304      boards may use to comply with the requirements of this Subsection (19).
             305          (20) A board shall do all other things necessary for the maintenance, prosperity, and
             306      success of the schools and the promotion of education.


             307          (21) (a) Before closing a school or changing the boundaries of a school, a board shall:
             308          (i) hold a public hearing, as defined in Section 10-9a-103 ; and
             309          (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
             310          (b) The notice of a public hearing required under Subsection (21)(a) shall:
             311          (i) indicate the:
             312          (A) school or schools under consideration for closure or boundary change; and
             313          (B) date, time, and location of the public hearing; and
             314          (ii) at least 10 days prior to the public hearing, be:
             315          (A) published:
             316          (I) in a newspaper of general circulation in the area; and
             317          (II) as required in Section 45-1-101 ; and
             318          (B) posted in at least three public locations within the municipality or on the district's
             319      official website.
             320          Section 4. Section 53A-3-417 is amended to read:
             321           53A-3-417. Child care centers in public schools -- Requirements -- Availability --
             322      Compliance with state and local laws.
             323          (1) (a) Upon receiving a request from a community group such as a community
             324      council, [local PTA] parent organization, or parent/student organization, a local school board
             325      may authorize the use of a part of any school building in the district to provide child care
             326      services for school aged children.
             327          (b) (i) The school board shall provide written public notice of its intent to authorize a
             328      child care center.
             329          (ii) The board shall file a copy of the notice with the Office of Child Care within the
             330      Department of Workforce Services and the Department of Health.
             331          (2) (a) Establishment of a child care center in a public school building is contingent
             332      upon the local school board determining that the center will not interfere with the building's use
             333      for regular school purposes.
             334          (b) The decision shall be made at the sole discretion of the school board.
             335          (c) A school board may withdraw its approval to operate a child care center at any time
             336      if it determines that such use interferes with the operation or interest of the school.
             337          (d) The school district and its employees and agents are immune from any liability that


             338      might otherwise result from a withdrawal of approval if the withdrawal was made in good
             339      faith.
             340          (3) (a) The board shall charge a commercially reasonable fee for the use of a school
             341      building as a child care center so that the district does not incur an expense.
             342          (b) The fee shall include but not be limited to costs for utility, building maintenance,
             343      and administrative services supplied by the school that are related to the operation of the child
             344      care center.
             345          (4) (a) Child care service may be provided by governmental agencies other than school
             346      districts, nonprofit community service groups, or private providers.
             347          (b) If competitive proposals to provide child care services are submitted by the entities
             348      listed in Subsection (4)(a), the board shall give preference to the private provider and nonprofit
             349      community service groups so long as their proposals are judged to be at least equal to the
             350      proposal of the governmental agency.
             351          (c) It is intended that these programs function at the local community level with
             352      minimal state and district involvement.
             353          (5) It is the intent of the Legislature that providers not be required to go through a
             354      complex procedure in order to obtain approval for providing the service.
             355          (6) (a) Child care centers within a public school building shall make their services
             356      available to all children regardless of where the children reside.
             357          (b) If space and resources are limited, first priority shall be given to those who reside
             358      within the school boundaries where the center is located, and to the children of teachers and
             359      other employees of the school where the child care center is located.
             360          (c) Second priority shall be given to those who reside within the school district
             361      boundaries where the center is located.
             362          (7) (a) The school board shall require proof of liability insurance which is adequate in
             363      the opinion of the school board for use of school property as a child care center.
             364          (b) A school district participating in the state Risk Management Fund shall require the
             365      provider of child care services to comply with the applicable provisions of Title 63A, Chapter
             366      4, Risk Management.
             367          (8) Child care centers established under this section shall operate in compliance with
             368      state and local laws and regulations, including zoning and licensing requirements, and


             369      applicable school rules.
             370          (9) Except for Subsection (8), this section does not apply to child care centers
             371      established by a school district within a public school building if the center offers child care
             372      services primarily to children of employees or children of students of the school district.
             373          Section 5. Section 53B-18-801 is amended to read:
             374           53B-18-801. Establishment of the center -- Purpose -- Duties and responsibilities.
             375          (1) There is hereby established the Center for the School of the Future at Utah State
             376      University, hereafter referred to as "the center."
             377          (2) (a) The purpose of the center is to promote best practices in the state's public
             378      education system and encourage cooperative and research development relationships between
             379      public and higher education.
             380          (b) For purposes of this section "best practices" means the best process or system that
             381      effectively achieves an educational objective.
             382          (3) The center has the following duties and responsibilities:
             383          (a) to direct its efforts to those education issues judged to be of greatest importance by
             384      the State Office of Education, school districts, and their patrons, subject to the availability of
             385      funds to sustain its efforts;
             386          (b) to coordinate and collaborate with education stakeholders, such as institutions of
             387      higher education, the State Office of Education, school districts, [parent-teacher] parent
             388      organizations, and other public and private educational interests in identifying or developing
             389      and then implementing best practices throughout the state's public education system;
             390          (c) to contribute to the creation and maintenance of a public education system that
             391      continually and systematically improves itself by building upon the most effective education
             392      policies, programs, and practices and rejecting those that are less effective;
             393          (d) to identify problems and challenges in providing educational and related services to
             394      all students in the public schools, including special education students and students at risk;
             395          (e) to identify current public and private resources at both the state and national level
             396      that are available to resolve problems or overcome challenges within the public education
             397      system and seek additional resources as necessary; and
             398          (f) to support the implementation of best practices in the public education system
             399      through professional development programs and dissemination of information.


             400          (4) The center in collaboration with the State Office of Education shall:
             401          (a) clarify the problems and challenges identified under this section, identify desired
             402      outcomes, and agree upon measures of outcomes;
             403          (b) prioritize the problems and challenges;
             404          (c) identify readily accessible resources to solve problems and challenges, including
             405      best practices that could be implemented with little or no adaptation;
             406          (d) determine whether new programs or procedures should be developed, and estimate
             407      the extent of effort required for that development;
             408          (e) determine which existing programs should be eliminated; and
             409          (f) assist in implementing solutions, monitoring accomplishments, disseminating
             410      results, and facilitating the extension of successful efforts to new settings.
             411          Section 6. Section 63M-9-103 is amended to read:
             412           63M-9-103. Definitions.
             413          As used in this chapter:
             414          (1) "Children and youth at risk" means:
             415          (a) disabled persons age 18 to 22; or
             416          (b) persons in the custody of the Division of Juvenile Justice Services within the
             417      Department of Human Services age 18 to 21; and
             418          (c) minors who may at times require appropriate and uniquely designed intervention to:
             419          (i) achieve literacy;
             420          (ii) advance through the schools;
             421          (iii) achieve commensurate with their ability; and
             422          (iv) participate in society in a meaningful way as competent, productive, caring, and
             423      responsible citizens.
             424          (2) "Council" means the Families, Agencies, and Communities Together Council
             425      established under Section 63M-9-201 .
             426          (3) "Local interagency council" means a council established under Section 63M-9-301 .
             427          (4) "Steering committee" means the Families, Agencies, and Communities Together
             428      Steering Committee established under Section 63M-9-202 .
             429          (5) (a) "Child and family centered service delivery system" means services provided to
             430      children and youth at risk and their families that may be delivered by teams and within a


             431      supportive community environment.
             432          (b) "Community" includes, when available, parents of children and youth at risk;
             433      directors of geographical service delivery areas designated by state agencies; local government
             434      elected officials; appointed county officials who are responsible for providing substance abuse,
             435      mental health, or public health services; educators; school districts; [parent-teacher] parent
             436      organizations; child and family advocacy groups; religious and community-based service
             437      organizations; individuals; and private sector entities who come together to develop, adopt, and
             438      administer a plan for a collaborative service delivery system for children and youth at risk.
             439          (c) "Community resources" means time, money, services, and other contributions
             440      provided by individuals, private sector entities, religious organizations, community-based
             441      service organizations, school districts, municipal governments, and county governments.
             442          (d) "Individualized and coordinated service plan" means a plan for services and
             443      supports that is comprehensive in its scope, is the product of a collaborative process between
             444      public and private service providers, and is specifically tailored to the unique needs of each
             445      child or youth served under this chapter.
             446          (e) "Performance monitoring system" means a process to regularly collect and analyze
             447      performance information including performance indicators and performance goals:
             448          (i) "performance indicators" means actual performance information regarding a
             449      program or activity; and
             450          (ii) "performance goals" means a target level of performance or an expected level of
             451      performance against which actual performance is measured.
             452          (f) "Plan for a collaborative service delivery system," "plan," or "plans" means a
             453      written document describing how a community proposes to deliver services and supports to
             454      children and youth at risk that effectively bring to bear all needed resources, including
             455      community resources, to enable them to achieve the outcomes described in Subsection (1)(c).
             456          Section 7. Section 63M-9-402 is amended to read:
             457           63M-9-402. Plans for collaborative service delivery systems.
             458          (1) The council shall provide incentives for communities to develop collaborative
             459      service delivery systems. If a community desires to enter into a contract with the council under
             460      this section, it shall submit to the council a plan for a collaborative service delivery system.
             461      That plan shall be in a form prescribed by the council and shall include at least the following:


             462          (a) the community's designation of a state agency, school district, political subdivision,
             463      or private entity that will act as fiscal agent for the plan;
             464          (b) an assurance that the plan was developed through an inclusive process involving,
             465      when available, parents of children and youth at risk, representatives of state agencies and local
             466      governments, educators, school districts, child and family advocacy groups, religious and
             467      service organizations, and [parent-teacher] parent organizations associations;
             468          (c) a description of how the collaborative service delivery system will be administered,
             469      including the membership, powers, and duties of any board, commission, or council that will
             470      direct the service delivery system;
             471          (d) a budget for the proposed collaborative service delivery system, including funds
             472      requested from the council;
             473          (e) a description of a performance monitoring system to be used by the community,
             474      including the community's performance goals and performance indicators; and
             475          (f) any waivers to the rules of the State Board of Education, Department of Human
             476      Services, Department of Health, or rule of judicial administration necessary to carry out the
             477      community initiative.
             478          (2) In awarding an application under this section, the council shall consider the extent
             479      to which the proposed community initiative:
             480          (a) promotes early intervention and prevention;
             481          (b) employs a collaborative method of delivering services;
             482          (c) is endorsed by all public and private service delivery agencies that are anticipated to
             483      provide services to at-risk children and youth under the proposed collaborative service delivery
             484      system;
             485          (d) is accountable for results;
             486          (e) utilizes private community resources, including resources provided by religious and
             487      service organizations;
             488          (f) utilizes the resources of the at risk child's immediate and extended family;
             489          (g) leverages county, municipal and school district funding sources to enhance the
             490      scope, extent, and availability of services;
             491          (h) leverages private funding sources within the community to enhance the scope,
             492      extent, and availability of services;


             493          (i) employs individualized and coordinated service plans;
             494          (j) establishes a single point of entry for children, youth, and their families who require
             495      services;
             496          (k) provides comprehensive services for children and youth at risk through grade 12
             497      and appropriate prenatal care; and
             498          (l) exhibits innovation in delivering services or addressing needs.
             499          (3) (a) On or before July 1, 1996, the council shall adopt a prospectus to solicit
             500      proposals for the submission of plans.
             501          (b) From among the proposals for plans received under Subsection (3)(a), the council
             502      may award grants to communities to partially or fully pay for the development of plans.
             503          (c) From the plans received under Subsection (3)(b), the council may contract with the
             504      fiscal agent designated in the plan. That contract shall contain at least the following
             505      provisions:
             506          (i) a description of the scope of work and program narrative;
             507          (ii) a description of the community's performance monitoring system which shall
             508      coordinate with existing performance monitoring systems, including the community's
             509      performance goals and performance indicators;
             510          (iii) an enumeration of the dollar amount that will be provided by the council to the
             511      fiscal agent; and
             512          (iv) a waiver to an administrative rule, if any, granted by the agency that adopted the
             513      rule.
             514          (d) For fiscal year 1996-97, a contract under Subsection (3)(c) is for the period of time
             515      between April 1, 1997, and June 30, 1997. For each fiscal year thereafter, a contract may not
             516      exceed the period of the fiscal year.
             517          Section 8. Section 67-5-20 is amended to read:
             518           67-5-20. Internet crimes against children -- Education programs.
             519          (1) (a) The attorney general may assist in efforts to prevent and prosecute Internet
             520      crimes against children, including working with other agencies of state and local government.
             521          (b) Under Subsection (1)(a), the attorney general may administer the Internet Crimes
             522      Against Children Task Force, which is a statewide multidisciplinary and multijurisdictional
             523      task force that investigates, prevents, and prosecutes sexual exploitation offenses against


             524      children by offenders who use the Internet, online communications systems, or other computer
             525      technology.
             526          (2) (a) As part of the attorney general's participation in this task force, the attorney
             527      general shall make available, to the extent legislative funding is available, statewide training
             528      and informational materials regarding Internet safety for children that focuses on prevention,
             529      reporting, and assistance regarding Internet crimes against children.
             530          (b) The training and information shall include programs and information specifically
             531      designed for:
             532          (i) children, which shall include classroom presentations and informative leaflets or
             533      other printed material; and
             534          (ii) parents, guardians, educators, school resource officers, [parent-teacher] parent
             535      organizations, and libraries, which shall include Internet safety, technological protection
             536      measures, and effective supervision and review of children's use of the Internet, including
             537      locating and assessing sites children have had contact with.
             538          (c) As possible, the attorney general shall direct that the task force work with state and
             539      local agencies that provide information and programs to prevent and prosecute Internet crimes
             540      against children to ensure the most effective use of resources.




Legislative Review Note
    as of 2-4-10 10:44 AM


Office of Legislative Research and General Counsel


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