Chief Sponsor: Alvin B. Jackson

House Sponsor: ____________


8     General Description:
9          This bill amends provisions related to federal and private grant funding for public
10     schools and eliminates criminal penalties for a parent of a truant student.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines a term;
14          ▸     enacts provisions related to a school district or charter school applying for,
15     receiving, or administering federal funds;
16          ▸     prohibits a school district or charter school from accepting a private grant under
17     certain circumstances;
18          ▸     eliminates criminal penalties for a parent of a truant child; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          53A-1-902, as last amended by Laws of Utah 2009, Chapter 112
27          53A-1-903, as last amended by Laws of Utah 2011, Chapter 342

28          53A-1a-513, as last amended by Laws of Utah 2013, Chapter 470
29          53A-1a-515, as last amended by Laws of Utah 2014, Chapter 363
30          53A-3-402, as last amended by Laws of Utah 2014, Chapter 202
31          53A-11-101.5, as last amended by Laws of Utah 2012, Chapter 203

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 53A-1-902 is amended to read:
35          53A-1-902. Definitions.
36          As used in this part:
37          (1) (a) "Cost" means an estimation of state and local money required to implement a
38     federal education agreement.
39          (b) "Cost" does not include capital costs associated with implementing a federal
40     education agreement.
41          (2) "Education entities" means the entities that may bear the state and local costs of
42     implementing a federal program, including:
43          (a) the State Board of Education;
44          (b) the state superintendent and the State Office of Education;
45          (c) a local school board;
46          (d) a school district and its schools;
47          (e) a charter school governing board; and
48          (f) a charter school.
49          (3) "Federal education agreement" means a legally binding document or representation
50     that requires a school official to implement a federal program that originates from the U.S.
51     Department of Education and that has, as a primary focus, an impact on the educational
52     services at a district or charter school.
53          (4) "Federal programs" include:
54          (a) the No Child Left Behind Act;
55          (b) the Individuals with Disabilities Education Act Amendments of 1997, Public Law
56     105-17, and subsequent amendments; and
57          (c) other federal educational programs.
58          (5) "Local school official" means:

59          (a) a local school board;
60          (b) a school district superintendent or employee; or
61          (c) a charter school governing board, board member, administrator, or employee.
62          [(5)] (6) "No Child Left Behind Act" means the No Child Left Behind Act of 2001, 20
63     U.S.C. Sec. 6301 et seq.
64          [(6)] (7) "School official" includes:
65          (a) the State Board of Education;
66          (b) the state superintendent;
67          (c) employees of the State Board of Education and the state superintendent;
68          (d) local school boards;
69          (e) school district superintendents and employees; and
70          (f) charter school board members, administrators, and employees.
71          Section 2. Section 53A-1-903 is amended to read:
72          53A-1-903. Federal programs -- School official duties.
73          [(1) School officials may:]
74          (1) (a) A school official that is not a local school official may:
75          [(a)] (i) apply for, receive, and administer funds made available through programs of
76     the federal government;
77          [(b)] (ii) only expend federal funds for the purposes for which they are received and are
78     accounted for by the state, school district, or charter school; and
79          [(c)] (iii) reduce or eliminate a program created with or expanded by federal funds to
80     the extent allowed by law when federal funds for that program are subsequently reduced or
81     eliminated.
82          (b) A local school official may apply for, receive, and administer federal funds for the
83     local school official's education entity if the local school official:
84          (i) applies for, receives, or administers the federal funds through a program
85     administered by the State Board of Education; and
86          (ii) complies with relevant federal regulations.
87          (2) School officials shall:
88          (a) prioritize resources, especially to resolve conflicts between federal provisions or
89     between federal and state programs, including:

90          (i) providing first priority to meeting state goals, objectives, program needs, and
91     accountability systems as they relate to federal programs; and
92          (ii) providing second priority to implementing federal goals, objectives, program needs,
93     and accountability systems that do not directly and simultaneously advance state goals,
94     objectives, program needs, and accountability systems;
95          (b) interpret the provisions of federal programs in the best interest of students in this
96     state;
97          (c) maximize local control and flexibility;
98          (d) minimize additional state resources that are diverted to implement federal programs
99     beyond the federal money that is provided to fund the programs;
100          (e) request changes to federal educational programs, especially programs that are
101     underfunded or provide conflicts with other state or federal programs, including:
102          (i) federal statutes;
103          (ii) federal regulations; and
104          (iii) other federal policies and interpretations of program provisions; and
105          (f) seek waivers from all possible federal statutes, requirements, regulations, and
106     program provisions from federal education officials to:
107          (i) maximize state flexibility in implementing program provisions; and
108          (ii) receive reasonable time to comply with federal program provisions.
109          (3) The requirements of school officials under this part, including the responsibility to
110     lobby federal officials, are not intended to mandate school officials to incur costs or require the
111     hiring of lobbyists, but are intended to be performed in the course of school officials' normal
112     duties.
113          Section 3. Section 53A-1a-513 is amended to read:
114          53A-1a-513. Funding for charter schools.
115          (1) As used in this section:
116          (a) "Charter school students' average local revenues" means the amount determined as
117     follows:
118          (i) for each student enrolled in a charter school on the previous October 1, calculate the
119     district per pupil local revenues of the school district in which the student resides;
120          (ii) sum the district per pupil local revenues for each student enrolled in a charter

121     school on the previous October 1; and
122          (iii) divide the sum calculated under Subsection (1)(a)(ii) by the number of students
123     enrolled in charter schools on the previous October 1.
124          (b) "District local property tax revenues" means the sum of a school district's revenue
125     received from the following levies:
126          (i) (A) a voted levy imposed under Section 53A-17a-133;
127          (B) a board levy imposed under Section 53A-17a-134;
128          (C) a 10% of basic levy imposed under Section 53A-17a-145;
129          (D) a tort liability levy imposed under Section 63G-7-704;
130          (E) a capital outlay levy imposed under Section 53A-16-107; and
131          (F) a voted capital outlay levy imposed under Section 53A-16-110; or
132          (ii) (A) a voted local levy imposed under Section 53A-17a-133;
133          (B) a board local levy imposed under Section 53A-17a-164, excluding revenues
134     expended for:
135          (I) recreational facilities and activities authorized under Title 11, Chapter 2,
136     Playgrounds;
137          (II) pupil transportation, up to the amount of revenue generated by a .0003 per dollar of
138     taxable value of the school district's board local levy; and
139          (III) the K-3 Reading Improvement Program, up to the amount of revenue generated by
140     a .000121 per dollar of taxable value of the school district's board local levy; and
141          (C) a capital local levy imposed under Section 53A-16-113.
142          (c) "District per pupil local revenues" means an amount equal to the following, using
143     data from the most recently published school district annual financial reports and state
144     superintendent's annual report:
145          (i) district local property tax revenues; divided by
146          (ii) the sum of:
147          (A) a school district's average daily membership; and
148          (B) the average daily membership of a school district's resident students who attend
149     charter schools.
150          (d) "Private grant" means a bequest, grant, endowment, gift, or donation of any money
151     or property, including a gift in-kind.

152          [(d)] (e) "Resident student" means a student who is considered a resident of the school
153     district under Title 53A, Chapter 2, Part 2, District of Residency.
154          [(e)] (f) "Statewide average debt service revenues" means the amount determined as
155     follows, using data from the most recently published state superintendent's annual report:
156          (i) sum the revenues of each school district from the debt service levy imposed under
157     Section 11-14-310; and
158          (ii) divide the sum calculated under Subsection (1)[(e)](f)(i) by statewide school
159     district average daily membership.
160          (2) (a) [Charter schools] A charter school shall receive funding as described in this
161     section, except Subsections (3) through (8) do not apply to a charter [schools] school described
162     in Subsection (2)(b).
163          (b) [Charter schools] A charter school authorized by a local school [boards] board that
164     [are] is converted from a district [schools or operate in district facilities] school or operates in a
165     district facility without paying reasonable rent shall receive funding as prescribed in Section
166     53A-1a-515.
167          (3) (a) Except as provided in Subsections (3)(b) and (3)(c), a charter school shall
168     receive state funds, as applicable, on the same basis as a school district receives funds.
169          (b) For the 2013-14 and 2014-15 school years, the number of weighted pupil units
170     assigned to a charter school for the kindergarten and grades 1 through 12 programs of the Basic
171     School Program shall be:
172          (i) based on the higher of:
173          (A) October 1 enrollment in the current school year; or
174          (B) average daily membership in the prior school year plus growth as determined under
175     Section 53A-17a-106; and
176          (ii) weighted as provided in Subsection (3)(c).
177          (c) In distributing funds under Chapter 17a, Minimum School Program Act, to charter
178     schools, charter school pupils shall be weighted, where applicable, as follows:
179          (i) .55 for kindergarten pupils;
180          (ii) .9 for pupils in grades 1 through 6;
181          (iii) .99 for pupils in grades 7 through 8; and
182          (iv) 1.2 for pupils in grades 9 through 12.

183          (4) (a) (i) A school district shall allocate a portion of school district revenues for each
184     resident student of the school district who is enrolled in a charter school on October 1 equal to
185     25% of the lesser of:
186          (A) district per pupil local revenues; or
187          (B) charter school students' average local revenues.
188          (ii) Nothing in this Subsection (4)(a) affects the school bond guarantee program
189     established under Chapter 28, Utah School Bond Guaranty Act.
190          (b) The State Board of Education shall:
191          (i) deduct an amount equal to the allocation provided under Subsection (4)(a) from
192     state funds the school district is authorized to receive under Chapter 17a, Minimum School
193     Program Act; and
194          (ii) remit the money to the student's charter school.
195          (c) Notwithstanding the method used to transfer school district revenues to charter
196     schools as provided in Subsection (4)(b), a school district may deduct the allocations to charter
197     schools under this section from:
198          (i) unrestricted revenues available to the school district; or
199          (ii) the revenue sources listed in Subsection (1)(b) based on the portion of the
200     allocations to charter schools attributed to each of the revenue sources listed in Subsection
201     (1)(b).
202          (d) (i) Subject to future budget constraints, the Legislature shall provide an
203     appropriation for charter schools for each student enrolled on October 1 to supplement the
204     allocation of school district revenues under Subsection (4)(a).
205          (ii) Except as provided in Subsection (4)(d)(iii), the amount of money provided by the
206     state for a charter school student shall be the sum of:
207          (A) charter school students' average local revenues minus the allocation of school
208     district revenues under Subsection (4)(a); and
209          (B) statewide average debt service revenues.
210          (iii) If the total of a school district's allocation for a charter school student under
211     Subsection (4)(a) and the amount provided by the state under Subsection (4)(d)(ii) is less than
212     $1427, the state shall provide an additional supplement so that a charter school receives at least
213     $1427 per student under this Subsection (4).

214          (iv) (A) If the appropriation provided under this Subsection (4)(d) is less than the
215     amount prescribed by Subsection (4)(d)(ii) or (4)(d)(iii), the appropriation shall be allocated
216     among charter schools in proportion to each charter school's enrollment as a percentage of the
217     total enrollment in charter schools.
218          (B) If the State Board of Education makes adjustments to Minimum School Program
219     allocations as provided under Section 53A-17a-105, the allocation provided in Subsection
220     (4)(d)(iv)(A) shall be determined after adjustments are made under Section 53A-17a-105.
221          (e) Of the money provided to a charter school under this Subsection (4), 10% shall be
222     expended for funding school facilities only.
223          [(5) Charter schools are eligible to receive federal funds if they meet all applicable
224     federal requirements and comply with relevant federal regulations.]
225          (5) A charter school may apply for, receive, or administer federal funds in accordance
226     with Section 53A-1-903.
227          (6) The State Board of Education shall distribute funds for charter school students
228     directly to the charter school.
229          (7) (a) Notwithstanding Subsection (3), a charter school is not eligible to receive state
230     transportation funding.
231          (b) The board shall also adopt rules relating to the transportation of students to and
232     from charter schools, taking into account Sections 53A-2-210 and 53A-17a-127.
233          (c) The governing body of the charter school may provide transportation through an
234     agreement or contract with the local school board, a private provider, or with parents.
235          (8) (a) (i) In accordance with Section 53A-1a-513.5, the State Charter School Board
236     may allocate grants for start-up costs to charter schools from money appropriated for charter
237     school start-up costs.
238          (ii) The governing board of a charter school that receives money from a grant under
239     Section 53A-1a-513.5 shall use the grant for expenses for planning and implementation of the
240     charter school.
241          (b) The State Board of Education shall coordinate the distribution of federal money
242     appropriated to help fund costs for establishing and maintaining charter schools within the
243     state.
244          (9) (a) [A] Except as provided in Subsection (10), a charter school may receive, hold,

245     manage and use [any devise, bequest, grant, endowment, gift, or donation of any property] a
246     private grant made to the school for any of the purposes of this part.
247          (b) It is unlawful for any person affiliated with a charter school to demand or request
248     any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated
249     with the charter school as a condition for employment or enrollment at the school or continued
250     attendance at the school.
251          (10) A charter school or charter school governing board may not accept a private grant,
252     if, as a condition of the private grant, the person providing the private grant requires the charter
253     school or charter school governing board to collect or report data about students enrolled in the
254     charter school, including demographic or testing data, without parental consent.
255          Section 4. Section 53A-1a-515 is amended to read:
256          53A-1a-515. Charters authorized by local school boards -- Application process --
257     Local school board responsibilities.
258          (1) (a) An applicant identified in Section 53A-1a-504 may submit an application to a
259     local school board to establish and operate a charter school within the geographical boundaries
260     of the school district administered by the local school board.
261          (b) (i) The principal, teachers, or parents of students at an existing public school may
262     submit an application to the local school board to convert the school or a portion of the school
263     to charter status.
264          (A) If the entire school is applying for charter status, at least two-thirds of the licensed
265     educators employed at the school and at least two-thirds of the parents or guardians of students
266     enrolled at the school must have signed a petition approving the application prior to its
267     submission to the charter school authorizer.
268          (B) If only a portion of the school is applying for charter status, the percentage is
269     reduced to a simple majority.
270          (ii) The local school board may not approve an application submitted under Subsection
271     (1)(b)(i) unless the local school board determines that:
272          (A) students opting not to attend the proposed converted school would have access to a
273     comparable public education alternative; and
274          (B) current teachers who choose not to teach at the converted charter school or who are
275     not retained by the school at the time of its conversion would receive a first preference for

276     transfer to open teaching positions for which they qualify within the school district, and, if no
277     positions are open, contract provisions or board policy regarding reduction in staff would
278     apply.
279          (2) (a) An existing public school that converts to charter status under a charter granted
280     by a local school board may:
281          (i) continue to receive the same services from the school district that it received prior to
282     its conversion; or
283          (ii) contract out for some or all of those services with other public or private providers.
284          (b) Any other charter school authorized by a local school board may contract with the
285     board to receive some or all of the services referred to in Subsection (3)(a).
286          (c) Except as specified in a charter agreement, local school board assets do not transfer
287     to an existing public school that converts to charter status under a charter granted by a local
288     school board under this section.
289          (3) (a) (i) A public school that converts to a charter school under a charter granted by a
290     local school board shall receive funding:
291          (A) through the school district; and
292          (B) on the same basis as it did prior to its conversion to a charter school.
293          [(ii) The school may also receive federal money designated for charter schools under
294     any federal program.]
295          (ii) In accordance with Section 53A-1-903, the school may apply for, receive, or
296     administer federal funds designated for charter schools under a federal program.
297          (b) (i) A local school board-authorized charter school operating in a facility owned by
298     the school district and not paying reasonable rent to the school district shall receive funding:
299          (A) through the school district; and
300          (B) on the same basis that other district schools receive funding.
301          [(ii) The school may also receive federal money designated for charter schools under
302     any federal program.]
303          (ii) In accordance with Section 53A-1-903, the school may apply for, receive, or
304     administer federal funds designated for charter schools under a federal program.
305          (c) Subject to the provisions in Section 53A-1a-502.5, a charter school authorized by a
306     local school board shall receive funding as provided in Section 53A-1a-513.

307          (d) (i) A charter school authorized by a local school board, but not described in
308     Subsection (3)(a), (b), or (c) shall receive funding:
309          (A) through the school district; and
310          (B) on the same basis that other district schools receive funding.
311          [(ii) The school may also receive federal money designated for charter schools under
312     any federal program.]
313          (ii) In accordance with Section 53A-1-903, the school may apply for, receive, or
314     administer federal funds designated for charter schools under a federal program.
315          (4) (a) A local school board that receives an application for a charter school under this
316     section shall, within 45 days, either accept or reject the application.
317          (b) If the board rejects the application, it shall notify the applicant in writing of the
318     reason for the rejection.
319          (c) The applicant may submit a revised application for reconsideration by the board.
320          (d) If the local school board refuses to authorize the applicant, the applicant may seek a
321     charter from the State Charter School Board under Section 53A-1a-505.
322          (5) The State Board of Education shall make a rule providing for a timeline for the
323     opening of a charter school following the approval of a charter school application by a local
324     school board.
325          (6) After approval of a charter school application and in accordance with Section
326     53A-1a-508, the applicant and the local school board shall set forth the terms and conditions
327     for the operation of the charter school in a written charter agreement.
328          (7) A local school board shall:
329          (a) annually review and evaluate the performance of charter schools authorized by the
330     local school board and hold the schools accountable for their performance;
331          (b) monitor charter schools authorized by the local school board for compliance with
332     federal and state laws, rules, and regulations; and
333          (c) provide technical support to charter schools authorized by the local school board to
334     assist them in understanding and performing their charter obligations.
335          (8) A local school board may terminate a charter school it authorizes as provided in
336     Sections 53A-1a-509 and 53A-1a-510.
337          (9) In addition to the exemptions described in Sections 53A-1a-511 and 53A-1a-512, a

338     charter school authorized by a local school board is:
339          (a) not required to separately submit a report or information required under this title to
340     the State Board of Education if the information is included in a report or information that is
341     submitted by the local school board or school district; and
342          (b) exempt from the requirement under Section 53A-1a-507 that a charter school shall
343     be organized and managed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation
344     Act.
345          (10) Before a local school board accepts a charter school application, the local school
346     board shall, in accordance with State Board of Education rules, establish and make public the
347     local school board's:
348          (a) application requirements, in accordance with Section 53A-1a-504;
349          (b) application process, including timelines, in accordance with this section; and
350          (c) minimum academic, financial, and enrollment standards.
351          Section 5. Section 53A-3-402 is amended to read:
352          53A-3-402. Powers and duties generally.
353          (1) Each local school board shall:
354          (a) implement the core curriculum utilizing instructional materials that best correlate to
355     the core curriculum and graduation requirements;
356          (b) administer tests, required by the State Board of Education, which measure the
357     progress of each student, and coordinate with the state superintendent and State Board of
358     Education to assess results and create plans to improve the student's progress which shall be
359     submitted to the State Office of Education for approval;
360          (c) use progress-based assessments as part of a plan to identify schools, teachers, and
361     students that need remediation and determine the type and amount of federal, state, and local
362     resources to implement remediation;
363          (d) develop early warning systems for students or classes failing to make progress;
364          (e) work with the State Office of Education to establish a library of documented best
365     practices, consistent with state and federal regulations, for use by the local districts; and
366          (f) implement training programs for school administrators, including basic
367     management training, best practices in instructional methods, budget training, staff
368     management, managing for learning results and continuous improvement, and how to help

369     every child achieve optimal learning in core academics.
370          (2) Local school boards shall spend minimum school program funds for programs and
371     activities for which the State Board of Education has established minimum standards or rules
372     under Section 53A-1-402.
373          (3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
374     and equipment and construct, erect, and furnish school buildings.
375          (b) School sites or buildings may only be conveyed or sold on board resolution
376     affirmed by at least two-thirds of the members.
377          (4) (a) A board may participate in the joint construction or operation of a school
378     attended by children residing within the district and children residing in other districts either
379     within or outside the state.
380          (b) Any agreement for the joint operation or construction of a school shall:
381          (i) be signed by the president of the board of each participating district;
382          (ii) include a mutually agreed upon pro rata cost; and
383          (iii) be filed with the State Board of Education.
384          (5) A board may establish, locate, and maintain elementary, secondary, and applied
385     technology schools.
386          (6) Except as provided in Section 53A-1-1001, a board may enroll children in school
387     who are at least five years of age before September 2 of the year in which admission is sought.
388          (7) A board may establish and support school libraries.
389          (8) A board may collect damages for the loss, injury, or destruction of school property.
390          (9) A board may authorize guidance and counseling services for children and their
391     parents or guardians prior to, during, or following enrollment of the children in schools.
392          (10) (a) A board shall administer and implement federal educational programs in
393     accordance with Title 53A, Chapter 1, Part 9, Implementing Federal Programs Act.
394          (b) Federal funds are not considered funds within the school district budget under Title
395     53A, Chapter 19, School District Budgets.
396          (11) (a) A board may organize school safety patrols and adopt rules under which the
397     patrols promote student safety.
398          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
399     parental consent for the appointment.

400          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
401     of a highway intended for vehicular traffic use.
402          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
403     safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
404     the program by virtue of the organization, maintenance, or operation of a school safety patrol.
405          [(12) (a) A board may on its]
406          (12) (a) As used in this Subsection (12), "private grant" means a private grant, loan,
407     gift, endowment, or bequest.
408          (b) Except as provided in Subsection (12)(d), a board may on the board's own behalf,
409     or on behalf of an educational institution for which the board is the direct governing body,
410     accept [private grants, loans, gifts, endowments, devises, or bequests that are] a private grant
411     that is made for an educational [purposes] purpose.
412          [(b) These contributions are] (c) A private grant described in Subsection (12)(b) is not
413     subject to appropriation by the Legislature.
414          (d) A board or school may not accept a private grant if, as a condition of the private
415     grant, the person providing the private grant requires the board or a school to collect or report
416     data about students enrolled in the school or school district, including demographic or testing
417     data, without parental consent.
418          (13) (a) A board may appoint and fix the compensation of a compliance officer to issue
419     citations for violations of Subsection 76-10-105(2).
420          (b) A person may not be appointed to serve as a compliance officer without the
421     person's consent.
422          (c) A teacher or student may not be appointed as a compliance officer.
423          (14) A board shall adopt bylaws and rules for its own procedures.
424          (15) (a) A board shall make and enforce rules necessary for the control and
425     management of the district schools.
426          (b) All board rules and policies shall be in writing, filed, and referenced for public
427     access.
428          (16) A board may hold school on legal holidays other than Sundays.
429          (17) (a) Each board shall establish for each school year a school traffic safety
430     committee to implement this Subsection (17).

431          (b) The committee shall be composed of one representative of:
432          (i) the schools within the district;
433          (ii) the Parent Teachers' Association of the schools within the district;
434          (iii) the municipality or county;
435          (iv) state or local law enforcement; and
436          (v) state or local traffic safety engineering.
437          (c) The committee shall:
438          (i) receive suggestions from school community councils, parents, teachers, and others
439     and recommend school traffic safety improvements, boundary changes to enhance safety, and
440     school traffic safety program measures;
441          (ii) review and submit annually to the Department of Transportation and affected
442     municipalities and counties a child access routing plan for each elementary, middle, and junior
443     high school within the district;
444          (iii) consult the Utah Safety Council and the Division of Family Health Services and
445     provide training to all school children in kindergarten through grade six, within the district, on
446     school crossing safety and use; and
447          (iv) help ensure the district's compliance with rules made by the Department of
448     Transportation under Section 41-6a-303.
449          (d) The committee may establish subcommittees as needed to assist in accomplishing
450     its duties under Subsection (17)(c).
451          (18) (a) Each school board shall adopt and implement a comprehensive emergency
452     response plan to prevent and combat violence in its public schools, on school grounds, on its
453     school vehicles, and in connection with school-related activities or events.
454          (b) The board shall implement its plan by July 1, 2000.
455          (c) The plan shall:
456          (i) include prevention, intervention, and response components;
457          (ii) be consistent with the student conduct and discipline policies required for school
458     districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
459          (iii) require inservice training for all district and school building staff on what their
460     roles are in the emergency response plan;
461          (iv) provide for coordination with local law enforcement and other public safety

462     representatives in preventing, intervening, and responding to violence in the areas and activities
463     referred to in Subsection (18)(a); and
464          (v) include procedures to notify a student, to the extent practicable, who is off campus
465     at the time of a school violence emergency because the student is:
466          (A) participating in a school-related activity; or
467          (B) excused from school for a period of time during the regular school day to
468     participate in religious instruction at the request of the student's parent or guardian.
469          (d) The State Board of Education, through the state superintendent of public
470     instruction, shall develop comprehensive emergency response plan models that local school
471     boards may use, where appropriate, to comply with Subsection (18)(a).
472          (e) Each local school board shall, by July 1 of each year, certify to the State Board of
473     Education that its plan has been practiced at the school level and presented to and reviewed by
474     its teachers, administrators, students, and their parents and local law enforcement and public
475     safety representatives.
476          (19) (a) Each local school board may adopt an emergency response plan for the
477     treatment of sports-related injuries that occur during school sports practices and events.
478          (b) The plan may be implemented by each secondary school in the district that has a
479     sports program for students.
480          (c) The plan may:
481          (i) include emergency personnel, emergency communication, and emergency
482     equipment components;
483          (ii) require inservice training on the emergency response plan for school personnel who
484     are involved in sports programs in the district's secondary schools; and
485          (iii) provide for coordination with individuals and agency representatives who:
486          (A) are not employees of the school district; and
487          (B) would be involved in providing emergency services to students injured while
488     participating in sports events.
489          (d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
490     review the plan each year and make revisions when required to improve or enhance the plan.
491          (e) The State Board of Education, through the state superintendent of public
492     instruction, shall provide local school boards with an emergency plan response model that local

493     boards may use to comply with the requirements of this Subsection (19).
494          (20) A board shall do all other things necessary for the maintenance, prosperity, and
495     success of the schools and the promotion of education.
496          (21) (a) Before closing a school or changing the boundaries of a school, a board shall:
497          (i) hold a public hearing, as defined in Section 10-9a-103; and
498          (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
499          (b) The notice of a public hearing required under Subsection (21)(a) shall:
500          (i) indicate the:
501          (A) school or schools under consideration for closure or boundary change; and
502          (B) date, time, and location of the public hearing; and
503          (ii) at least 10 days prior to the public hearing, be:
504          (A) published:
505          (I) in a newspaper of general circulation in the area; and
506          (II) on the Utah Public Notice Website created in Section 63F-1-701; and
507          (B) posted in at least three public locations within the municipality or on the district's
508     official website.
509          (22) A board may implement a facility energy efficiency program established under
510     Title 11, Chapter 44, Facility Energy Efficiency Act.
511          Section 6. Section 53A-11-101.5 is amended to read:
512          53A-11-101.5. Compulsory education.
513          [(1) For purposes of this section:]
514          [(a) "Intentionally" is as defined in Section 76-2-103.]
515          [(b) "Recklessly" is as defined in Section 76-2-103.]
516          (1) As used in this section:
517          [(c)] (a) "Remainder of the school year" means the portion of the school year beginning
518     on the day after the day on which the notice of compulsory education violation described in
519     Subsection (3) is served and ending on the last day of the school year.
520          [(d)] (b) "School-age child" means a school-age minor under the age of 14.
521          (2) Except as provided in Section 53A-11-102 or 53A-11-102.5, the parent of a
522     school-age minor shall enroll and send the school-age minor to a public or regularly established
523     private school.

524          (3) A school administrator, a designee of a school administrator, a law enforcement
525     officer acting as a school resource officer, or a truancy specialist may issue a notice of
526     compulsory education violation to a parent of a school-age child if the school-age child is
527     absent without a valid excuse at least five times during the school year.
528          (4) The notice of compulsory education violation, described in Subsection (3):
529          (a) shall direct the parent of the school-age child to:
530          (i) meet with school authorities to discuss the school-age child's school attendance
531     problems; and
532          (ii) cooperate with the school board, local charter board, or school district in securing
533     regular attendance by the school-age child;
534          (b) shall designate the school authorities with whom the parent is required to meet;
535          [(c) shall state that it is a class B misdemeanor for the parent of the school-age child to
536     intentionally or recklessly:]
537          [(i) fail to meet with the designated school authorities to discuss the school-age child's
538     school attendance problems; or]
539          [(ii) fail to prevent the school-age child from being absent without a valid excuse five
540     or more times during the remainder of the school year;]
541          [(d)] (c) shall be served on the school-age child's parent by personal service or certified
542     mail; and
543          [(e)] (d) may not be issued unless the school-age child has been truant at least five
544     times during the school year.
545          [(5) It is a class B misdemeanor for a parent of a school-age minor to intentionally or
546     recklessly fail to enroll the school-age minor in school, unless the school-age minor is exempt
547     from enrollment under Section 53A-11-102 or 53A-11-102.5.]
548          [(6) It is a class B misdemeanor for a parent of a school-age child to, after being served
549     with a notice of compulsory education violation in accordance with Subsections (3) and (4),
550     intentionally or recklessly:]
551          [(a) fail to meet with the school authorities designated in the notice of compulsory
552     education violation to discuss the school-age child's school attendance problems; or]
553          [(b) fail to prevent the school-age child from being absent without a valid excuse five
554     or more times during the remainder of the school year.]

555          [(7) A local school board, local charter board, or school district shall report violations
556     of this section to the appropriate county or district attorney.]

Legislative Review Note
     as of 3-4-15 4:54 PM

Office of Legislative Research and General Counsel