H.B. 423






Chief Sponsor: Steve Eliason

Senate Sponsor: Howard A. Stephenson

             8      LONG TITLE
             9      General Description:
             10          This bill modifies the State System of Public Education code by amending provisions
             11      relating to school district and charter school postemployment health insurance benefits.
             12      Highlighted Provisions:
             13          This bill:
             14          .    defines terms;
             15          .    prohibits a school district or a charter school from offering postemployment health
             16      insurance benefits to new employees under certain circumstances;
             17          .    provides an exemption for a school district or a charter school that recognizes
             18      current payments and all liabilities associated with the postemployment health
             19      insurance benefits in budgetary accounts and fully funds the annual required
             20      contributions;
             21          .    makes provisions for a school district or a charter school that fails to fund annual
             22      required postretirement health insurance contributions; and
             23          .    makes technical changes.
             24      Money Appropriated in this Bill:
             25          None
             26      Other Special Clauses:
             27          This bill takes effect on July 1, 2014.

             28      Utah Code Sections Affected:
             29      AMENDS:
             30           53A-3-402 , as last amended by Laws of Utah 2013, Chapter 296
             31      ENACTS:
             32           53A-19-401 , Utah Code Annotated 1953
             34      Be it enacted by the Legislature of the state of Utah:
             35          Section 1. Section 53A-3-402 is amended to read:
             36           53A-3-402. Powers and duties generally.
             37          (1) Each local school board shall:
             38          (a) implement the core curriculum utilizing instructional materials that best correlate to
             39      the core curriculum and graduation requirements;
             40          (b) administer tests, required by the State Board of Education, which measure the
             41      progress of each student, and coordinate with the state superintendent and State Board of
             42      Education to assess results and create plans to improve the student's progress which shall be
             43      submitted to the State Office of Education for approval;
             44          (c) use progress-based assessments as part of a plan to identify schools, teachers, and
             45      students that need remediation and determine the type and amount of federal, state, and local
             46      resources to implement remediation;
             47          (d) develop early warning systems for students or classes failing to make progress;
             48          (e) work with the State Office of Education to establish a library of documented best
             49      practices, consistent with state and federal regulations, for use by the local districts; and
             50          (f) implement training programs for school administrators, including basic
             51      management training, best practices in instructional methods, budget training, staff
             52      management, managing for learning results and continuous improvement, and how to help
             53      every child achieve optimal learning in core academics.
             54          (2) Local school boards shall spend minimum school program funds for programs and
             55      activities for which the State Board of Education has established minimum standards or rules
             56      under Section 53A-1-402 .
             57          (3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
             58      and equipment and construct, erect, and furnish school buildings.

             59          (b) School sites or buildings may only be conveyed or sold on board resolution
             60      affirmed by at least two-thirds of the members.
             61          (4) (a) A board may participate in the joint construction or operation of a school
             62      attended by children residing within the district and children residing in other districts either
             63      within or outside the state.
             64          (b) Any agreement for the joint operation or construction of a school shall:
             65          (i) be signed by the president of the board of each participating district;
             66          (ii) include a mutually agreed upon pro rata cost; and
             67          (iii) be filed with the State Board of Education.
             68          (5) A board may establish, locate, and maintain elementary, secondary, and applied
             69      technology schools.
             70          (6) Except as provided in Section 53A-1-1001 , a board may enroll children in school
             71      who are at least five years of age before September 2 of the year in which admission is sought.
             72          (7) A board may establish and support school libraries.
             73          (8) A board may collect damages for the loss, injury, or destruction of school property.
             74          (9) A board may authorize guidance and counseling services for children and their
             75      parents or guardians prior to, during, or following enrollment of the children in schools.
             76          (10) (a) A board shall administer and implement federal educational programs in
             77      accordance with Title 53A, Chapter 1, Part 9, Implementing Federal Programs Act.
             78          (b) Federal funds are not considered funds within the school district budget under Title
             79      53A, Chapter 19, [School District] Public School Budgets.
             80          (11) (a) A board may organize school safety patrols and adopt rules under which the
             81      patrols promote student safety.
             82          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
             83      parental consent for the appointment.
             84          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
             85      of a highway intended for vehicular traffic use.
             86          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
             87      safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
             88      the program by virtue of the organization, maintenance, or operation of a school safety patrol.
             89          (12) (a) A board may on its own behalf, or on behalf of an educational institution for

             90      which the board is the direct governing body, accept private grants, loans, gifts, endowments,
             91      devises, or bequests that are made for educational purposes.
             92          (b) These contributions are not subject to appropriation by the Legislature.
             93          (13) (a) A board may appoint and fix the compensation of a compliance officer to issue
             94      citations for violations of Subsection 76-10-105 (2).
             95          (b) A person may not be appointed to serve as a compliance officer without the
             96      person's consent.
             97          (c) A teacher or student may not be appointed as a compliance officer.
             98          (14) A board shall adopt bylaws and rules for its own procedures.
             99          (15) (a) A board shall make and enforce rules necessary for the control and
             100      management of the district schools.
             101          (b) All board rules and policies shall be in writing, filed, and referenced for public
             102      access.
             103          (16) A board may hold school on legal holidays other than Sundays.
             104          (17) (a) Each board shall establish for each school year a school traffic safety
             105      committee to implement this Subsection (17).
             106          (b) The committee shall be composed of one representative of:
             107          (i) the schools within the district;
             108          (ii) the Parent Teachers' Association of the schools within the district;
             109          (iii) the municipality or county;
             110          (iv) state or local law enforcement; and
             111          (v) state or local traffic safety engineering.
             112          (c) The committee shall:
             113          (i) receive suggestions from school community councils, parents, teachers, and others
             114      and recommend school traffic safety improvements, boundary changes to enhance safety, and
             115      school traffic safety program measures;
             116          (ii) review and submit annually to the Department of Transportation and affected
             117      municipalities and counties a child access routing plan for each elementary, middle, and junior
             118      high school within the district;
             119          (iii) consult the Utah Safety Council and the Division of Family Health Services and
             120      provide training to all school children in kindergarten through grade six, within the district, on

             121      school crossing safety and use; and
             122          (iv) help ensure the district's compliance with rules made by the Department of
             123      Transportation under Section 41-6a-303 .
             124          (d) The committee may establish subcommittees as needed to assist in accomplishing
             125      its duties under Subsection (17)(c).
             126          (18) (a) Each school board shall adopt and implement a comprehensive emergency
             127      response plan to prevent and combat violence in its public schools, on school grounds, on its
             128      school vehicles, and in connection with school-related activities or events.
             129          [(b) The board shall implement its plan by July 1, 2000.]
             130          [(c)] (b) The plan shall:
             131          (i) include prevention, intervention, and response components;
             132          (ii) be consistent with the student conduct and discipline policies required for school
             133      districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
             134          (iii) require inservice training for all district and school building staff on what their
             135      roles are in the emergency response plan; and
             136          (iv) provide for coordination with local law enforcement and other public safety
             137      representatives in preventing, intervening, and responding to violence in the areas and activities
             138      referred to in Subsection (18)(a).
             139          [(d)] (c) The State Board of Education, through the state superintendent of public
             140      instruction, shall develop comprehensive emergency response plan models that local school
             141      boards may use, where appropriate, to comply with Subsection (18)(a).
             142          [(e)] (d) Each local school board shall, by July 1 of each year, certify to the State Board
             143      of Education that its plan has been practiced at the school level and presented to and reviewed
             144      by its teachers, administrators, students, and their parents and local law enforcement and public
             145      safety representatives.
             146          (19) (a) Each local school board may adopt an emergency response plan for the
             147      treatment of sports-related injuries that occur during school sports practices and events.
             148          (b) The plan may be implemented by each secondary school in the district that has a
             149      sports program for students.
             150          (c) The plan may:
             151          (i) include emergency personnel, emergency communication, and emergency

             152      equipment components;
             153          (ii) require inservice training on the emergency response plan for school personnel who
             154      are involved in sports programs in the district's secondary schools; and
             155          (iii) provide for coordination with individuals and agency representatives who:
             156          (A) are not employees of the school district; and
             157          (B) would be involved in providing emergency services to students injured while
             158      participating in sports events.
             159          (d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
             160      review the plan each year and make revisions when required to improve or enhance the plan.
             161          (e) The State Board of Education, through the state superintendent of public
             162      instruction, shall provide local school boards with an emergency plan response model that local
             163      boards may use to comply with the requirements of this Subsection (19).
             164          (20) A board shall do all other things necessary for the maintenance, prosperity, and
             165      success of the schools and the promotion of education.
             166          (21) (a) Before closing a school or changing the boundaries of a school, a board shall:
             167          (i) hold a public hearing, as defined in Section 10-9a-103 ; and
             168          (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
             169          (b) The notice of a public hearing required under Subsection (21)(a) shall:
             170          (i) indicate the:
             171          (A) school or schools under consideration for closure or boundary change; and
             172          (B) date, time, and location of the public hearing; and
             173          (ii) at least 10 days prior to the public hearing, be:
             174          (A) published:
             175          (I) in a newspaper of general circulation in the area; and
             176          (II) on the Utah Public Notice Website created in Section 63F-1-701 ; and
             177          (B) posted in at least three public locations within the municipality or on the district's
             178      official website.
             179          (22) A board may implement a facility energy efficiency program established under
             180      Title 11, Chapter 44, Facility Energy Efficiency Act.
             181          Section 2. Section 53A-19-401 is enacted to read:

Part 4. Postemployment Benefits Restrictions

             184          53A-19-401. Postemployment health insurance benefits restrictions -- Definitions
             185      -- Restrictions -- Exceptions.
             186          (1) As used in this section:
             187          (a) "Budgetary accounts" has the same meaning as provided in Section 51-5-3 .
             188          (b) "GASB" has the same meaning as provided in Section 51-5-3 .
             189          (c) "Liabilities" has the same meaning as provided in Section 51-5-3 .
             190          (d) "Postemployment" has the same meaning as provided in Section 51-5-3 .
             191          (e) "Postemployment health insurance benefits" means health insurance benefits:
             192          (i) offered or promised to an employee for the employee's postemployment; or
             193          (ii) continued into postemployment.
             194          (2) Except as provided under Subsection (3), a school district or charter school may not
             195      offer or provide a postemployment health insurance benefit to an employee who begins
             196      employment with the school district or charter school on or after July 1, 2014.
             197          (3) A school district or charter school may offer or provide postemployment health care
             198      insurance to employees if the school district or charter school:
             199          (a) calculates the liabilities associated with postemployment health insurance benefits
             200      by applying GASB standards;
             201          (b) recognizes current payments and all liabilities associated with the postemployment
             202      health insurance benefits in budgetary accounts;
             203          (c) fully funds the annual required contributions associated with the postemployment
             204      health insurance benefits liabilities;
             205          (d) establishes and implements a plan approved by the school district's local school
             206      board or charter school's governing board to catch up on any unfunded liabilities within no
             207      more than 20 years; and
             208          (e) provides for ongoing payments against the postemployment health insurance
             209      liabilities as employees qualify for receiving the postemployment health insurance benefits.
             210          (4) (a) Except as provided in Subsection (4)(b), if in a fiscal year, a school district or
             211      charter school fails to fully fund the annual required contributions described in Subsection
             212      (3)(c), the provisions of Subsection (2) apply for new employees beginning on the first day of
             213      that fiscal year.

             214          (b) The provisions of Subsection (4)(a) do not apply if:
             215          (i) for a school district only, the school district is imposing the maximum allowed local
             216      school board levy under Section 53A-17a-164 ;
             217          (ii) the school district or charter school fully funds the annual required contributions,
             218      including any missed contributions by the end of the fiscal year following the fiscal year of
             219      inadequate funding; or
             220          (iii) no increase was approved by the Legislature in the weighted pupil unit as defined
             221      in Section 53A-17a-103 for the fiscal year the annual required contributions were not fully
             222      funded.
             223          Section 3. Effective date.
             224          This bill takes effect on July 1, 2014.

Legislative Review Note
    as of 2-26-14 11:17 AM

Office of Legislative Research and General Counsel

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