1     
EDUCATOR ETHICS TRAINING

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Joel K. Briscoe

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill creates a grant program for educator ethics training for school employees.
10     Highlighted Provisions:
11          This bill:
12          ▸     creates a grant program to provide funding to school districts and charter schools to
13     provide educator ethics training to recently hired employees;
14          ▸     specifies required topics for an educator ethics training;
15          ▸     provides a formula for determining an educator ethics training grant amount;
16          ▸     specifies permitted uses for an educator ethics training grant;
17          ▸     requires an independent evaluation; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          This bill appropriates:
21          ▸     to the State Board of Education - State Office of Education - Initiative Programs, as
22     a one-time appropriation:
23               •     from the Education Fund, $400,000.
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:

28          63I-1-253, as last amended by Laws of Utah 2015, Chapters 62, 431, and 442
29     ENACTS:
30          53A-3-433, Utah Code Annotated 1953
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 53A-3-433 is enacted to read:
34          53A-3-433. Educator Ethics Training Pilot Program.
35          (1) As used in this section:
36          (a) "Local education agency" or "LEA" means a:
37          (i) school district; or
38          (ii) charter school.
39          (b) "Pilot program" or "program" means the Educator Ethics Training Pilot Program
40     created in Subsection (2).
41          (c) "School employee" means an individual who:
42          (i) is an educator, as defined in Section 53A-6-103; or
43          (ii) (A) receives compensation from an LEA; and
44          (B) has significant unsupervised access to a student in connection with the individual's
45     assignment.
46          (2) (a) There is created the Educator Ethics Training Pilot Program to provide funding
47     to LEAs to offer educator ethics training to recently hired school employees.
48          (b) The program shall operate in the 2016-17 and 2017-18 school years.
49          (c) An educator ethics training course funded through the program shall be provided in
50     person and cover the following topics:
51          (i) appropriate boundaries between a school employee and a:
52          (A) colleague;
53          (B) student; and
54          (C) parent of a student;
55          (ii) appropriate physical and verbal interaction between a school employee and a
56     student;
57          (iii) appropriate use of an electronic device by a school employee to communicate with
58     a student;

59          (iv) drug and alcohol use by a school employee;
60          (v) appropriate handling and management of school funds by a school employee; and
61          (vi) educator standards and sanctions, as described in State Board of Education rule.
62          (d) An LEA that receives a grant under this section shall ensure that the educator ethics
63     training course funded by the grant is consistent with:
64          (i) educator standards described in State Board of Education rule; or
65          (ii) national educator ethics standards.
66          (3) (a) To receive a grant described in this section, an LEA shall submit an application
67     to the board.
68          (b) In the application described in Subsection (3)(a), the LEA shall:
69          (i) describe how the LEA will use grant funds to offer an educator ethics training
70     course that covers the topics described in Subsection (2)(c); and
71          (ii) indicate the number of school employees who have been employed by the LEA for
72     three years or fewer.
73          (4) (a) Subject to legislative appropriations, the board shall award a grant to each LEA
74     that:
75          (i) submits a complete application as described in Subsection (3)(a), by the date
76     described in Subsection (4)(b);
77          (ii) agrees to provide matching funds, which may include cash or in-kind matching
78     funds, equal to 25% of the amount of grant funds the LEA receives for the program; and
79          (iii) agrees to provide information to the board as needed for the evaluation described
80     in Subsection (7).
81          (b) The board shall choose an application deadline to ensure that an LEA that receives
82     a grant under this section may offer an educator ethics training on or before November 30,
83     2016.
84          (5) (a) Except as provided in Subsection (5)(b), the board shall distribute funds
85     appropriated under this section by:
86          (i) providing a base amount of $1,000 to each LEA that receives a grant described in
87     Subsection (4); and
88          (ii) distributing the remaining funds proportionately to each LEA that receives a grant,
89     based on the number of school employees the LEA hired in the past three years.

90          (b) If legislative appropriations are insufficient to provide the base amount described in
91     Subsection (5)(a)(i) to each LEA that receives a grant, the board may determine how to allocate
92     funding appropriated under this section.
93          (6) (a) Except as provided in Subsection (6)(b), an LEA that receives a grant under this
94     section shall use the grant to provide educator ethics training to recently hired school
95     employees, including to:
96          (i) develop an educator ethics training course that covers the topics described in
97     Subsection (2)(c);
98          (ii) modify or tailor an existing ethics training for a specific group of educators;
99          (iii) provide training materials to an employee who attends an educator ethics training
100     course; or
101          (iv) pay a stipend to a school employee to participate in an educator ethics training
102     course.
103          (b) An LEA that receives a grant under this section may, in accordance with Title 63G,
104     Chapter 6a, Utah Procurement Code, contract with a third party to develop or modify an
105     educator ethics training as described in Subsections (6)(a)(i) and (6)(a)(ii).
106          (c) An LEA that receives a grant under this section may:
107          (i) determine which recently hired employees are required to attend the training; and
108          (ii) use the grant to provide educator ethics training to a volunteer who has significant
109     unsupervised access to students.
110          (7) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the board shall
111     enter into a contract with an independent evaluator to assess the implementation of the
112     program, including:
113          (a) the program's effectiveness in reducing instances of school employee misconduct;
114     and
115          (b) program participant and administrator feedback on the usefulness of the program.
116          Section 2. Section 63I-1-253 is amended to read:
117          63I-1-253. Repeal dates, Titles 53, 53A, and 53B.
118          The following provisions are repealed on the following dates:
119          [(1) Section 53-3-232, Conditional license, is repealed July 1, 2015.]
120          [(2)] (1) Subsection 53-10-202(18) is repealed July 1, 2018.

121          [(3)] (2) Section 53-10-202.1 is repealed July 1, 2018.
122          [(4)] (3) Title 53A, Chapter 1a, Part 6, Public Education Job Enhancement Program, is
123     repealed July 1, 2020.
124          (4) Section 53A-3-433 is repealed July 1, 2019.
125          (5) The State Instructional Materials Commission, created in Section 53A-14-101, is
126     repealed July 1, 2016.
127          (6) Section 53A-15-106 is repealed July 1, 2019.
128          (7) Subsections 53A-16-113(3) and (4) are repealed December 31, 2016.
129          (8) Section 53A-16-114 is repealed December 31, 2016.
130          (9) Section 53A-17a-163, Performance-based Compensation Pilot Program is repealed
131     July 1, 2016.
132          (10) Section 53B-24-402, Rural residency training program, is repealed July 1, 2020.
133          (11) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
134     from the Land Exchange Distribution Account to the Geological Survey for test wells, other
135     hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1, 2020.
136          Section 3. Appropriation.
137          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
138     the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
139     are appropriated from resources not otherwise appropriated, or reduced from amounts
140     previously appropriated, out of the funds or amounts indicated. These sums of money are in
141     addition to amounts previously appropriated for fiscal year 2017.
142          To State Board of Education -- State Office of Education -- Initiative Programs
143               From Education Fund, One-time
$400,000

144               Schedule of Programs:
145                    Educator Ethics Training Pilot Program          $400,000
146          The Legislature intends that:
147          (1) the State Board of Education use up to $20,000 of the appropriation for the State
148     Board of Education to conduct the evaluation described in Subsection 53A-3-433(7); and
149          (2) the appropriation provided in this section be nonlapsing.







Legislative Review Note
Office of Legislative Research and General Counsel