Representative V. Lowry Snow proposes the following substitute bill:




Chief Sponsor: Howard A. Stephenson

House Sponsor: V. Lowry Snow


8     General Description:
9          This bill amends and enacts provisions related to the kindergarten.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows a student to enter kindergarten before the student is five years old, under
13     certain conditions;
14          ▸     defines kindergarten as a half-day class;
15          ▸     gives rulemaking authority; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          53A-3-402, as last amended by Laws of Utah 2015, Chapters 399 and 415
24          53A-3-402.7, as enacted by Laws of Utah 1993, Chapter 122

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 53A-3-402 is amended to read:
28          53A-3-402. Powers and duties generally.
29          (1) Each local school board shall:
30          (a) implement the core standards for Utah public schools utilizing instructional
31     materials that best correlate to the core standards for Utah public schools and graduation
32     requirements;
33          (b) administer tests, required by the State Board of Education, which measure the
34     progress of each student, and coordinate with the state superintendent and State Board of
35     Education to assess results and create plans to improve the student's progress which shall be
36     submitted to the State Office of Education for approval;
37          (c) use progress-based assessments as part of a plan to identify schools, teachers, and
38     students that need remediation and determine the type and amount of federal, state, and local
39     resources to implement remediation;
40          (d) develop early warning systems for students or classes failing to make progress;
41          (e) work with the State Office of Education to establish a library of documented best
42     practices, consistent with state and federal regulations, for use by the local districts; and
43          (f) implement training programs for school administrators, including basic
44     management training, best practices in instructional methods, budget training, staff
45     management, managing for learning results and continuous improvement, and how to help
46     every child achieve optimal learning in basic academic subjects.
47          (2) Local school boards shall spend minimum school program funds for programs and
48     activities for which the State Board of Education has established minimum standards or rules
49     under Section 53A-1-402.
50          (3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
51     and equipment and construct, erect, and furnish school buildings.
52          (b) School sites or buildings may only be conveyed or sold on board resolution
53     affirmed by at least two-thirds of the members.
54          (4) (a) A board may participate in the joint construction or operation of a school
55     attended by children residing within the district and children residing in other districts either
56     within or outside the state.

57          (b) Any agreement for the joint operation or construction of a school shall:
58          (i) be signed by the president of the board of each participating district;
59          (ii) include a mutually agreed upon pro rata cost; and
60          (iii) be filed with the State Board of Education.
61          (5) A board may establish, locate, and maintain elementary, secondary, and applied
62     technology schools.
63          (6) Except as provided in Section 53A-1-1001 or Section 53A-3-402.7, a board may
64     enroll children in school who are at least five years of age before September 2 of the year in
65     which admission is sought.
66          (7) A board may establish and support school libraries.
67          (8) A board may collect damages for the loss, injury, or destruction of school property.
68          (9) A board may authorize guidance and counseling services for children and their
69     parents or guardians prior to, during, or following enrollment of the children in schools.
70          (10) (a) A board shall administer and implement federal educational programs in
71     accordance with Title 53A, Chapter 1, Part 9, Implementing Federal or National Education
72     Programs Act.
73          (b) Federal funds are not considered funds within the school district budget under Title
74     53A, Chapter 19, Public School Budgets.
75          (11) (a) A board may organize school safety patrols and adopt rules under which the
76     patrols promote student safety.
77          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
78     parental consent for the appointment.
79          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
80     of a highway intended for vehicular traffic use.
81          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
82     safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
83     the program by virtue of the organization, maintenance, or operation of a school safety patrol.
84          (12) (a) A board may on its own behalf, or on behalf of an educational institution for
85     which the board is the direct governing body, accept private grants, loans, gifts, endowments,
86     devises, or bequests that are made for educational purposes.
87          (b) These contributions are not subject to appropriation by the Legislature.

88          (13) (a) A board may appoint and fix the compensation of a compliance officer to issue
89     citations for violations of Subsection 76-10-105(2).
90          (b) A person may not be appointed to serve as a compliance officer without the
91     person's consent.
92          (c) A teacher or student may not be appointed as a compliance officer.
93          (14) A board shall adopt bylaws and rules for its own procedures.
94          (15) (a) A board shall make and enforce rules necessary for the control and
95     management of the district schools.
96          (b) All board rules and policies shall be in writing, filed, and referenced for public
97     access.
98          (16) A board may hold school on legal holidays other than Sundays.
99          (17) (a) Each board shall establish for each school year a school traffic safety
100     committee to implement this Subsection (17).
101          (b) The committee shall be composed of one representative of:
102          (i) the schools within the district;
103          (ii) the Parent Teachers' Association of the schools within the district;
104          (iii) the municipality or county;
105          (iv) state or local law enforcement; and
106          (v) state or local traffic safety engineering.
107          (c) The committee shall:
108          (i) receive suggestions from school community councils, parents, teachers, and others
109     and recommend school traffic safety improvements, boundary changes to enhance safety, and
110     school traffic safety program measures;
111          (ii) review and submit annually to the Department of Transportation and affected
112     municipalities and counties a child access routing plan for each elementary, middle, and junior
113     high school within the district;
114          (iii) consult the Utah Safety Council and the Division of Family Health Services and
115     provide training to all school children in kindergarten through grade six, within the district, on
116     school crossing safety and use; and
117          (iv) help ensure the district's compliance with rules made by the Department of
118     Transportation under Section 41-6a-303.

119          (d) The committee may establish subcommittees as needed to assist in accomplishing
120     its duties under Subsection (17)(c).
121          (18) (a) Each school board shall adopt and implement a comprehensive emergency
122     response plan to prevent and combat violence in its public schools, on school grounds, on its
123     school vehicles, and in connection with school-related activities or events.
124          (b) The plan shall:
125          (i) include prevention, intervention, and response components;
126          (ii) be consistent with the student conduct and discipline policies required for school
127     districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
128          (iii) require inservice training for all district and school building staff on what their
129     roles are in the emergency response plan;
130          (iv) provide for coordination with local law enforcement and other public safety
131     representatives in preventing, intervening, and responding to violence in the areas and activities
132     referred to in Subsection (18)(a); and
133          (v) include procedures to notify a student, to the extent practicable, who is off campus
134     at the time of a school violence emergency because the student is:
135          (A) participating in a school-related activity; or
136          (B) excused from school for a period of time during the regular school day to
137     participate in religious instruction at the request of the student's parent or guardian.
138          (c) The State Board of Education, through the state superintendent of public
139     instruction, shall develop comprehensive emergency response plan models that local school
140     boards may use, where appropriate, to comply with Subsection (18)(a).
141          (d) Each local school board shall, by July 1 of each year, certify to the State Board of
142     Education that its plan has been practiced at the school level and presented to and reviewed by
143     its teachers, administrators, students, and their parents and local law enforcement and public
144     safety representatives.
145          (19) (a) Each local school board may adopt an emergency response plan for the
146     treatment of sports-related injuries that occur during school sports practices and events.
147          (b) The plan may be implemented by each secondary school in the district that has a
148     sports program for students.
149          (c) The plan may:

150          (i) include emergency personnel, emergency communication, and emergency
151     equipment components;
152          (ii) require inservice training on the emergency response plan for school personnel who
153     are involved in sports programs in the district's secondary schools; and
154          (iii) provide for coordination with individuals and agency representatives who:
155          (A) are not employees of the school district; and
156          (B) would be involved in providing emergency services to students injured while
157     participating in sports events.
158          (d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
159     review the plan each year and make revisions when required to improve or enhance the plan.
160          (e) The State Board of Education, through the state superintendent of public
161     instruction, shall provide local school boards with an emergency plan response model that local
162     boards may use to comply with the requirements of this Subsection (19).
163          (20) A board shall do all other things necessary for the maintenance, prosperity, and
164     success of the schools and the promotion of education.
165          (21) (a) Before closing a school or changing the boundaries of a school, a board shall:
166          (i) hold a public hearing, as defined in Section 10-9a-103; and
167          (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
168          (b) The notice of a public hearing required under Subsection (21)(a) shall:
169          (i) indicate the:
170          (A) school or schools under consideration for closure or boundary change; and
171          (B) date, time, and location of the public hearing; and
172          (ii) at least 10 days prior to the public hearing, be:
173          (A) published:
174          (I) in a newspaper of general circulation in the area; and
175          (II) on the Utah Public Notice Website created in Section 63F-1-701; and
176          (B) posted in at least three public locations within the municipality or on the district's
177     official website.
178          (22) A board may implement a facility energy efficiency program established under
179     Title 11, Chapter 44, Performance Efficiency Act.
180          Section 2. Section 53A-3-402.7 is amended to read:

181          53A-3-402.7. Kindergartens -- Establishment -- Funding -- Age exception.
182          (1) [Kindergartens are] (a) Kindergarten is an integral part of the state's public
183     education system.
184          (b) Kindergarten, as described in Subsection (1)(a), is a half-day class.
185          (2) [By July 1, 1994, each] (a) A local school board [of education] shall provide
186     kindergarten [classes], as described in Subsection (1), free of charge for a kindergarten
187     [children] child residing within the district.
188          [(3) Kindergartens] (b) A kindergarten established under Subsection (2)(a) shall
189     receive state money under [Title 53A,] Chapter 17a, Minimum School Program Act.
190          (3) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
191     and this Subsection (3), the State Board of Education shall make rules that:
192          (i) provide for a school district or charter school to enroll in kindergarten a student who
193     is younger than five years old;
194          (ii) except as provided in Subsection (3)(a)(iii), limit the enrollment in each school
195     district or charter school of children under five years old to:
196          (A) .5% of children enrolled in kindergarten in the school district or charter school for
197     the 2016-2017 school year; or
198          (B) 1% of children enrolled in kindergarten in the school district or charter school each
199     year after the 2016-2017 school year;
200          (iii) allow each school district or charter school to enroll at least one student who is
201     younger than five years old in kindergarten; and
202          (iv) prohibit a school district or charter school from enrolling a child described in
203     Subsection (3)(b) in hours of instruction in addition to kindergarten described in Subsection
204     (1), unless the school district or charter school only offers kindergarten that incorporates
205     additional hours of instruction.
206          (b) In accordance with State Board of Education rule described in Subsection (3)(a), a
207     local school board or charter school governing board shall enroll in kindergarten a child who is
208     younger than five years old on September 2 of the year the child seeks to enroll if:
209          (i) the child turns five on or before December 31 of the year in which the child seeks to
210     enroll in kindergarten;
211          (ii) the child's parent or legal guardian requests to enroll the child; and

212          (iii) the local school board or charter school governing board determines that the child
213     is ready for kindergarten, based on:
214          (A) the child's score on a kindergarten entry assessment; and
215          (B) other factors related to kindergarten readiness, as determined by the local school
216     board or charter school governing board, in accordance with State Board of Education rule
217     described in Subsection (3)(a).
218          (c) A local school board or charter school governing board may charge a parent or legal
219     guardian a fee to administer the assessment described in Subsection (3)(b)(iii)(A).