Representative Jack R. Draxler proposes the following substitute bill:




Chief Sponsor: Kevin T. Van Tassell

House Sponsor: Jack R. Draxler


8     General Description:
9          This bill amends provisions related to the state system of public education and
10     American Indians and Alaskan Natives.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends duties of the Native American Legislative Liaison Committee;
14          ▸     defines terms;
15          ▸     creates a pilot program to fund stipend, recruitment, and retention of teachers who
16     teach in American Indian and Alaskan Native concentrated schools;
17          ▸     requires reporting and meetings to be held;
18          ▸     provides a sunset date; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21               This bill appropriates for fiscal year 2017:
22          ▸     to the State Board of Education - State Office of Education, as an ongoing
23     appropriation:
24               •     from the Education Fund, $250,000.
25     Other Special Clauses:

26          This bill provides a special effective date.
27     Utah Code Sections Affected:
28     AMENDS:
29          36-22-2, as enacted by Laws of Utah 1995, Chapter 143
30          63I-1-253, as last amended by Laws of Utah 2015, Chapters 62, 431, and 442
31     ENACTS:
32          53A-31-401, Utah Code Annotated 1953
33          53A-31-402, Utah Code Annotated 1953
34          53A-31-403, Utah Code Annotated 1953
35          53A-31-404, Utah Code Annotated 1953
36          53A-31-405, Utah Code Annotated 1953

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 36-22-2 is amended to read:
40          36-22-2. Duties.
41          (1) The committee shall:
42          (a) serve as a liaison between Utah Native American tribes and the Legislature;
43          (b) recommend legislation for each annual general session of the Legislature if the
44     committee determines that modifications to current law are in the best interest of the state of
45     Utah and of the Utah Native American tribes;
46          (c) review the operations of the Division of Indian Affairs and other state agencies
47     working with Utah Native American tribes;
48          (d) help sponsor meetings and other opportunities for discussion with and between
49     Native Americans[.]; and
50          (e) hold a meeting at which public education is discussed as required by Section
51     53A-31-405.
52          (2) In conducting its business, the committee shall comply with the rules of legislative
53     interim committees.
54          Section 2. Section 53A-31-401 is enacted to read:
Part 4. American Indian and Alaskan Native Education State Plan Pilot Program

56          53A-31-401. Title.

57          This part is known as the "American Indian and Alaskan Native Education State Plan
58     Pilot Program."
59          Section 3. Section 53A-31-402 is enacted to read:
60          53A-31-402. Definitions.
61          As used in this part:
62          (1) "American Indian and Alaskan Native concentrated school" means a school where
63     at least 29% of its students are American Indian or Alaskan Native.
64          (2) "Board" means the State Board of Education.
65          (3) "Teacher" means an individual employed by a school district or charter school who
66     is required to hold an educator license issued by the board and who has an assignment to teach
67     in a classroom.
68          Section 4. Section 53A-31-403 is enacted to read:
69          53A-31-403. Pilot program created.
70          (1) Beginning with fiscal year 2016-2017, there is created a five-year pilot program
71     administered by the board to provide grants targeted to address the needs of American Indian
72     and Alaskan Native students.
73          (2) The pilot program shall consist of a grant program to school districts and charter
74     schools to be used to fund stipends, recruitment, retention, and professional development of
75     teachers who teach in American Indian and Alaskan Native concentrated schools.
76          (3) Up to 3% of the money appropriated to the grant program under this part may be
77     used by the board for costs in implementing the pilot program.
78          Section 5. Section 53A-31-404 is enacted to read:
79          53A-31-404. Grant program to school districts and charter schools.
80          (1) From money appropriated to the grant program, the board shall distribute grant
81     money on a competitive basis to a school district or charter school that applies for a grant and:
82          (a) (i) has within the school district one or more American Indian and Alaskan Native
83     concentrated schools; or
84          (ii) is an American Indian and Alaskan Native concentrated school; and
85          (b) has a program to fund stipends, recruitment, retention, and professional
86     development of teachers who teach at American Indian and Alaskan Native concentrated
87     schools.

88          (2) The grant money distributed under this section may only be expended to fund a
89     program described in Subsection (1)(b).
90          (3) (a) If a school district or charter school obtains a grant under this section, by no
91     later than two years from the date the school district or charter school obtains the grant, the
92     board shall review the implementation of the program described in Subsection (1)(b) to
93     determine whether:
94          (i) the program is effective in addressing the need to retain teachers at American Indian
95     and Alaskan Native concentrated schools; and
96          (ii) the money is being spent for a purpose not covered by the program described in
97     Subsection (1)(b).
98          (b) If the board determines that the program is not effective or that the money is being
99     spent for a purpose not covered by the program described in Subsection (1)(b), the board may
100     terminate the grant money being distributed to the school district or charter school.
101          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
102     board may make rules providing:
103          (a) criteria for evaluating grant applications; and
104          (b) procedures for:
105          (i) a school district to apply to the board to receive grant money under this section; and
106          (ii) the review of the use of grant money described in Subsection (3).
107          (5) The grant money is intended to supplement and not replace existing money
108     supporting American Indian and Alaskan Native concentrated schools.
109          Section 6. Section 53A-31-405 is enacted to read:
110          53A-31-405. Reporting -- Meeting.
111          (1) The liaison shall annually report to the Native American Legislative Liaison
112     Committee during the five years of the pilot program regarding:
113          (a) what entities receive a grant under this part;
114          (b) the effectiveness of the expenditures of grant money; and
115          (c) recommendations, if any, for additional legislative action.
116          (2) The Native American Legislative Liaison Committee shall annually schedule at
117     least one meeting at which education is discussed with selected stakeholders.
118          Section 7. Section 63I-1-253 is amended to read:

119          63I-1-253. Repeal dates, Titles 53, 53A, and 53B.
120          The following provisions are repealed on the following dates:
121          (1) Section 53-3-232, Conditional license, is repealed July 1, 2015.
122          (2) Subsection 53-10-202(18) is repealed July 1, 2018.
123          (3) Section 53-10-202.1 is repealed July 1, 2018.
124          (4) Title 53A, Chapter 1a, Part 6, Public Education Job Enhancement Program is
125     repealed July 1, 2020.
126          (5) The State Instructional Materials Commission, created in Section 53A-14-101, is
127     repealed July 1, 2016.
128          (6) Section 53A-15-106 is repealed July 1, 2019.
129          (7) Subsections 53A-16-113(3) and (4) are repealed December 31, 2016.
130          (8) Section 53A-16-114 is repealed December 31, 2016.
131          (9) Section 53A-17a-163, Performance-based Compensation Pilot Program, is repealed
132     July 1, 2016.
133          (10) Title 53A, Chapter 31, Part 4, American Indian and Alaskan Native Education
134     State Plan Pilot Program, is repealed July 1, 2022.
135          [(10)] (11) Section 53B-24-402, Rural residency training program, is repealed July 1,
136     2020.
137          [(11)] (12) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of
138     money from the Land Exchange Distribution Account to the Geological Survey for test wells,
139     other hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1,
140     2020.
141          Section 8. Appropriation.
142          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
143     the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
144     are appropriated from resources not otherwise appropriated, or reduced from amounts
145     previously appropriated, out of the funds or amounts indicated. These sums of money are in
146     addition to amounts previously appropriated for fiscal year 2017.
147          To State Board of Education - Utah State Office of Education
148               From Education Fund

149               Schedule of Programs:

150                    Pilot Teacher Retention Grant Program          $250,000
151          Section 9. Effective date.
152          If approved by two-thirds of all the members elected to each house, this bill takes effect
153     upon approval by the governor, or the day following the constitutional time limit of Utah
154     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
155     the date of veto override.