H.B. 156 Enrolled

1

PUBLIC EDUCATION PROGRAM AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Merlynn T. Newbold
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill eliminates public education programs and requirements.
10 Highlighted Provisions:
11 This bill:
12 . requires the State Board of Education to provide a general financial literacy test-out
13 option;
14 . eliminates a program to provide scholarships to teachers in necessarily existent
15 small schools to pay for education expenses related to obtaining an endorsement or
16 master's degree;
17 . eliminates a requirement that the State Board of Education make rules on the
18 distribution and care of textbooks;
19 . eliminates provisions on career ladders;
20 . eliminates a requirement pertaining to the allocation of weighted pupil unit (WPU)
21 funds between licensed and classified school district employees;
22 . eliminates legislative intent language regarding the percentage increase in the value
23 of the WPU;
24 . eliminates provisions on the use of Minimum School Program nonlapsing balances;
25 . eliminates the following funding programs within the Minimum School Program:
26 . the Local Discretionary Block Grant Program;
27 . funding for the Families, Agencies, and Communities Together for Children and
28 Youth (FACT) program; and
29 . a 2001 school district hold harmless program; and

30 . makes technical amendments.
31 Money Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 This bill takes effect on July 1, 2012.
35 Utah Code Sections Affected:
36 AMENDS:
37 53A-2-206 (Effective 07/01/12), as last amended by Laws of Utah 2011, Chapter 371
38 53A-13-108, as last amended by Laws of Utah 2004, Chapter 19
39 53A-17a-126, as last amended by Laws of Utah 2010, Chapter 3
40 63J-1-602.3, as last amended by Laws of Utah 2011, Chapters 30, 284, 294, 303, and
41 329
42 REPEALS:
43 53A-6-701, as enacted by Laws of Utah 2002, Chapter 253
44 53A-6-702, as enacted by Laws of Utah 2002, Chapter 253
45 53A-9-101, as enacted by Laws of Utah 1988, Chapter 2
46 53A-9-102, as last amended by Laws of Utah 2002, Chapter 301
47 53A-9-103, as last amended by Laws of Utah 2011, Chapters 366 and 434
48 53A-9-104, as last amended by Laws of Utah 2011, Chapter 434
49 53A-12-203, as enacted by Laws of Utah 1988, Chapter 2
50 53A-17a-123, as last amended by Laws of Utah 2010, Chapter 3
51 53A-17a-131.9, as last amended by Laws of Utah 2008, Chapter 382
52 53A-17a-131.16, as last amended by Laws of Utah 2008, Chapter 250
53 53A-17a-137, as last amended by Laws of Utah 2000, Chapter 264
54 53A-17a-138, as enacted by Laws of Utah 1991, Chapter 72
55 53A-17a-148, as last amended by Laws of Utah 2009, Chapters 4 and 391
56
57 Be it enacted by the Legislature of the state of Utah:

58 Section 1. Section 53A-2-206 (Effective 07/01/12) is amended to read:
59 53A-2-206 (Effective 07/01/12). Interstate compact students -- Inclusion in
60 attendance count -- Funding for foreign exchange students -- Annual report --
61 Requirements for exchange student agencies.
62 (1) A school district or charter school may include the following students in the
63 district's or school's membership and attendance count for the purpose of apportionment of
64 state money:
65 (a) a student enrolled under an interstate compact, established between the State Board
66 of Education and the state education authority of another state, under which a student from one
67 compact state would be permitted to enroll in a public school in the other compact state on the
68 same basis as a resident student of the receiving state; or
69 (b) a student receiving services under Title 62A, Chapter 4a, Part 7, Interstate Compact
70 on Placement of Children.
71 (2) (a) A school district or charter school may include foreign exchange students in the
72 district's or school's membership and attendance count for the purpose of apportionment of
73 state money, except as provided in Subsections (2)(b) through [(e)] (d).
74 (b) (i) Notwithstanding Section 53A-17a-106 , foreign exchange students may not be
75 included in average daily membership for the purpose of determining the number of weighted
76 pupil units in the grades 1-12 basic program.
77 (ii) Subject to the limitation in Subsection (2)(c), the number of weighted pupil units in
78 the grades 1-12 basic program attributed to foreign exchange students shall be equal to the
79 number of foreign exchange students who were:
80 (A) enrolled in a school district or charter school on October 1 of the previous fiscal
81 year; and
82 (B) sponsored by an agency approved by the district's local school board or charter
83 school's governing board.
84 (c) (i) The total number of foreign exchange students in the state that may be counted
85 for the purpose of apportioning state money under Subsection (2)(b) shall be the lesser of:

86 (A) the number of foreign exchange students enrolled in public schools in the state on
87 October 1 of the previous fiscal year; or
88 (B) 328 foreign exchange students.
89 (ii) The State Board of Education shall make rules in accordance with Title 63G,
90 Chapter 3, Utah Administrative Rulemaking Act, to administer the cap on the number of
91 foreign exchange students that may be counted for the purpose of apportioning state money
92 under Subsection (2)(b).
93 (d) Notwithstanding Sections 53A-17a-133 and 53A-17a-164 , weighted pupil units in
94 the grades 1 through 12 basic program for foreign exchange students, as determined by
95 Subsections (2)(b) and (c), may not be included for the purposes of determining a school
96 district's state guarantee money under the voted or board local levies.
97 [(e) Notwithstanding Section 53A-17a-125 , foreign exchange students may not be
98 included in enrollment when calculating student growth for the purpose of adjusting the annual
99 appropriation for retirement and Social Security.]
100 (3) A school district or charter school may:
101 (a) enroll foreign exchange students that do not qualify for state money; and
102 (b) pay for the costs of those students with other funds available to the school district
103 or charter school.
104 (4) Due to the benefits to all students of having the opportunity to become familiar
105 with individuals from diverse backgrounds and cultures, school districts are encouraged to
106 enroll foreign exchange students, as provided in Subsection (3), particularly in schools with
107 declining or stable enrollments where the incremental cost of enrolling the foreign exchange
108 student may be minimal.
109 (5) The board shall make an annual report to the Legislature on the number of
110 exchange students and the number of interstate compact students sent to or received from
111 public schools outside the state.
112 (6) (a) A local school board or charter school governing board shall require each
113 approved exchange student agency to provide it with a sworn affidavit of compliance prior to

114 the beginning of each school year.
115 (b) The affidavit shall include the following assurances:
116 (i) that the agency has complied with all applicable policies of the board;
117 (ii) that a household study, including a background check of all adult residents, has
118 been made of each household where an exchange student is to reside, and that the study was of
119 sufficient scope to provide reasonable assurance that the exchange student will receive proper
120 care and supervision in a safe environment;
121 (iii) that host parents have received training appropriate to their positions, including
122 information about enhanced criminal penalties under Subsection 76-5-406 (10) for persons who
123 are in a position of special trust;
124 (iv) that a representative of the exchange student agency shall visit each student's place
125 of residence at least once each month during the student's stay in Utah;
126 (v) that the agency will cooperate with school and other public authorities to ensure
127 that no exchange student becomes an unreasonable burden upon the public schools or other
128 public agencies;
129 (vi) that each exchange student will be given in the exchange student's native language
130 names and telephone numbers of agency representatives and others who could be called at any
131 time if a serious problem occurs; and
132 (vii) that alternate placements are readily available so that no student is required to
133 remain in a household if conditions appear to exist which unreasonably endanger the student's
134 welfare.
135 (7) (a) A local school board or charter school governing board shall provide each
136 approved exchange student agency with a list of names and telephone numbers of individuals
137 not associated with the agency who could be called by an exchange student in the event of a
138 serious problem.
139 (b) The agency shall make a copy of the list available to each of its exchange students
140 in the exchange student's native language.
141 (8) Notwithstanding Subsection (2)(c)(i), a school district or charter school shall enroll

142 a foreign exchange student if the foreign exchange student:
143 (a) is sponsored by an agency approved by the State Board of Education;
144 (b) attends the same school during the same time period that another student from the
145 school is:
146 (i) sponsored by the same agency; and
147 (ii) enrolled in a school in a foreign country; and
148 (c) is enrolled in the school for one year or less.
149 Section 2. Section 53A-13-108 is amended to read:
150 53A-13-108. Curriculum and graduation requirements.
151 (1) The State Board of Education shall establish rigorous curriculum and graduation
152 requirements under Section 53A-1-402 , and consistent with state and federal regulations, for
153 grades 9 through 12 that, beginning no later than with the graduating class of 2008 shall:
154 (a) use competency-based standards and assessments;
155 (b) include instruction that stresses general financial literacy from basic budgeting to
156 financial investments, including bankruptcy education and a general financial literacy test-out
157 option; and
158 (c) increase graduation requirements in language arts, mathematics, and science to
159 exceed the existing credit requirements of 3.0 units in language arts, 2.0 units in mathematics,
160 and 2.0 units in science.
161 (2) The State Board of Education shall also establish competency-based standards and
162 assessments for elective courses.
163 Section 3. Section 53A-17a-126 is amended to read:
164 53A-17a-126. State support of pupil transportation.
165 (1) Money appropriated to the State Board of Education for state-supported
166 transportation of public school students shall be apportioned and distributed in accordance with
167 Section 53A-17a-127 , except as otherwise provided in this section.
168 (2) (a) The Utah Schools for the Deaf and the Blind shall use its allocation of pupil
169 transportation money to pay for transportation of their students based on current valid

170 contractual arrangements and best transportation options and methods as determined by the
171 schools.
172 (b) All student transportation costs of the schools shall be paid from the allocation of
173 pupil transportation money specified in statute.
174 (3) (a) A school district may only claim eligible transportation costs as legally reported
175 on the prior year's annual financial report submitted under Section 53A-3-404 .
176 (b) The state shall contribute 85% of approved transportation costs, subject to budget
177 constraints.
178 (c) If in a fiscal year the total transportation allowance for all districts exceeds the
179 amount appropriated for that purpose, all allowances shall be reduced pro rata to equal not
180 more than the amount appropriated.
181 [(4) Local school boards shall provide salary adjustments to employee groups that
182 work with the transportation of students comparable to those of classified employees
183 authorized under Section 53A-17a-137 , when dividing the weighted pupil unit for salary
184 adjustment purposes.]
185 Section 4. Section 63J-1-602.3 is amended to read:
186 63J-1-602.3. List of nonlapsing funds and accounts -- Title 46 through Title 60.
187 (1) Funding for the Search and Rescue Financial Assistance Program, as provided in
188 Section 53-2-107 .
189 (2) Appropriations made to the Department of Public Safety from the Department of
190 Public Safety Restricted Account, as provided in Section 53-3-106 .
191 (3) Appropriations to the Motorcycle Rider Education Program, as provided in Section
192 53-3-905 .
193 (4) Appropriations from the DNA Specimen Restricted Account created in Section
194 53-10-407 .
195 (5) The Canine Body Armor Restricted Account created in Section 53-16-201 .
196 (6) Appropriations to the State Board of Education, as provided in Section
197 53A-17a-105 .

198 [(7) Certain funds appropriated from the Uniform School Fund to the State Board of
199 Education for new teacher bonus and performance-based compensation plans, as provided in
200 Section 53A-17a-148 .]
201 [(8)] (7) Money received by the State Office of Rehabilitation for the sale of certain
202 products or services, as provided in Section 53A-24-105 .
203 [(9)] (8) Certain funds appropriated from the General Fund to the State Board of
204 Regents for teacher preparation programs, as provided in Section 53B-6-104 .
205 [(10)] (9) A certain portion of money collected for administrative costs under the
206 School Institutional Trust Lands Management Act, as provided under Section 53C-3-202 .
207 [(11)] (10) Certain surcharges on residential and business telephone numbers imposed
208 by the Public Service Commission, as provided in Section 54-8b-10 .
209 [(12)] (11) Certain fines collected by the Division of Occupational and Professional
210 Licensing for violation of unlawful or unprofessional conduct that are used for education and
211 enforcement purposes, as provided in Section 58-17b-505 .
212 [(13)] (12) Certain fines collected by the Division of Occupational and Professional
213 Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
214 provided in Section 58-63-103 .
215 [(14)] (13) Appropriations from the Relative Value Study Restricted Account created
216 in Section 59-9-105 .
217 Section 5. Repealer.
218 This bill repeals:
219 Section 53A-6-701, Scholarships for teachers to obtain endorsements or master's
220 degrees -- Conditions.
221 Section 53A-6-702, Rules.
222 Section 53A-9-101, Purpose.
223 Section 53A-9-102, Definitions.
224 Section 53A-9-103, Authorized components.
225 Section 53A-9-104, Evaluation program for placement and advancement on career

226 ladders.
227 Section 53A-12-203, Regulation and supervision of distribution of textbooks by
228 board of education.
229 Section 53A-17a-123, Local Discretionary Block Grant Program -- State
230 contribution.
231 Section 53A-17a-131.9, Agencies coming together for children and youth at risk.
232 Section 53A-17a-131.16, State contribution for school district hold harmless
233 program.
234 Section 53A-17a-137, Classified employees' compensation.
235 Section 53A-17a-138, Increases in value of weighted pupil unit.
236 Section 53A-17a-148, Use of nonlapsing balances.
237 Section 6. Effective date.
238 This bill takes effect on July 1, 2012.