This document includes House Committee Amendments incorporated into the bill on Thu, Jan 26, 2017 at 12:09 PM by ryoung.




Chief Sponsor: Mike Winder

Senate Sponsor: Peter C. Knudson


9     Committee Note:
10          The Veterans' and Military Affairs Commission recommended this bill.
11               Membership:     5 legislators     18 non-legislators
12               Legislative Vote:     3 voting for     0 voting against     2 absent
13     General Description:
14          This bill extends the compact coverage to all full-time uniformed services members.
15     Highlighted Provisions:
16          This bill:
17          ▸     eliminates the requirement that National Guard and Reserve members be on orders
18     pursuant to United States Code Title 10, Armed Forces, in order to qualify for
19     coverage under the compact; and
20          ▸     restructures and makes technical amendments for readability.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          53A-3-402, as last amended by Laws of Utah 2016, Chapter 144

28          53A-11-302, as last amended by Laws of Utah 2010, Chapter 395
29          53A-11-504, as last amended by Laws of Utah 2010, Chapter 395
30     ENACTS:
31          53A-1-1000, Utah Code Annotated 1953
32          53A-1-1004, Utah Code Annotated 1953
33          53A-1-1005, Utah Code Annotated 1953
34          53A-1-1006, Utah Code Annotated 1953
35          53A-1-1007, Utah Code Annotated 1953
36          53A-1-1008, Utah Code Annotated 1953
37          53A-1-1009, Utah Code Annotated 1953
38          53A-1-1010, Utah Code Annotated 1953
39          53A-1-1011, Utah Code Annotated 1953
40          53A-1-1012, Utah Code Annotated 1953
41          53A-1-1013, Utah Code Annotated 1953
42          53A-1-1014, Utah Code Annotated 1953
43          53A-1-1015, Utah Code Annotated 1953
44          53A-1-1016, Utah Code Annotated 1953
45          53A-1-1017, Utah Code Annotated 1953
46          53A-1-1018, Utah Code Annotated 1953
47          53A-1-1019, Utah Code Annotated 1953
48          53A-1-1020, Utah Code Annotated 1953
50          53A-1-1001, as enacted by Laws of Utah 2010, Chapter 395
51          53A-1-1002, as last amended by Laws of Utah 2014, Chapter 387
52          53A-1-1003, as enacted by Laws of Utah 2010, Chapter 395

54     Be it enacted by the Legislature of the state of Utah:
55          Section 1. Section 53A-1-1000 is enacted to read:
Part 10. Interstate Compact on Educational Opportunity for Military Children

57          53A-1-1000. Title -- Interstate Compact on Educational Opportunity for Military
58     Children.

59          This part is known as the "Interstate Compact on Educational Opportunity for Military
60     Children."
61          Section 2. Section 53A-1-1001 is repealed and reenacted to read:
62          53A-1-1001. Article I -- Purpose.
63          It is the purpose of this compact to remove barriers to educational success imposed on
64     children of military families because of frequent moves and deployment of their parents by:
65          (1) facilitating the timely enrollment of children of military families and ensuring that
66     they are not placed at a disadvantage due to difficulty in the transfer of education records from
67     the previous school district or variations in entrance or age requirements;
68          (2) facilitating the student placement process through which children of military
69     families are not disadvantaged by variations in attendance requirements, scheduling,
70     sequencing, grading, course content, or assessment;
71          (3) facilitating the qualification and eligibility for enrollment, educational programs,
72     and participation in extracurricular academic, athletic, and social activities;
73          (4) facilitating the on-time graduation of children of military families;
74          (5) providing for the promulgation and enforcement of administrative rules
75     implementing the provisions of this compact;
76          (6) providing for the uniform collection and sharing of information between and among
77     member states, schools, and military families under this compact;
78          (7) promoting coordination between this compact and other compacts affecting military
79     children; and
80          (8) promoting flexibility and cooperation between the educational system, parents, and
81     the student in order to achieve educational success for the student.
82          Section 3. Section 53A-1-1002 is repealed and reenacted to read:
83          53A-1-1002. Article II -- Definitions.
84          As used in this compact, unless the context clearly requires a different construction:
85          (1) "Active duty" means full-time duty status in the active uniformed service of the
86     United States, including members of the National Guard and Reserve.
87          (2) "Children of military families" means a school-aged child, enrolled in Kindergarten
88     through Twelfth grade, in the household of an active duty member.
89          (3) "Compact commissioner" means the voting representative of each compacting state

90     appointed pursuant to Article VIII of this compact.
91          (4) "Deployment" means the period one month prior to the service member's departure
92     from their home station on military orders through six months after return to their home station.
93          (5) "Education" or "educational records" means those official records, files, and data
94     directly related to a student and maintained by the school or local education agency, including
95     but not limited to records encompassing all the material kept in the student's cumulative folder
96     such as general identifying data, records of attendance and of academic work completed,
97     records of achievement and results of evaluative tests, health data, disciplinary status, test
98     protocols, and individualized education programs.
99          (6) "Extracurricular activities" means a voluntary activity sponsored by the school or
100     local education agency or an organization sanctioned by the local education agency.
101     Extracurricular activities include, but are not limited to, preparation for and involvement in
102     public performances, contests, athletic competitions, demonstrations, displays, and club
103     activities.
104          (7) "Interstate Commission on Educational Opportunity for Military Children" means
105     the commission that is created in Section 53A-1-1009 and generally referred to as Interstate
106     Commission.
107          (8) "Local education agency" means a public authority legally constituted by the state
108     as an administrative agency to provide control of and direction for Kindergarten through
109     Twelfth grade public educational institutions.
110          (9) "Member state" means a state that has enacted this compact.
111          (10) "Military installation" means a base, camp, post, station, yard, center, homeport
112     facility for any ship, or other activity under the jurisdiction of the Department of Defense,
113     including any leased facility, which is located within any of the several states, the District of
114     Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American
115     Samoa, the Northern Mariana Islands, and any other U.S. Territory. The term does not include
116     any facility used primarily for civil works, rivers and harbors projects, or flood control projects.
117          (11) "Non-member state" means a state that has not enacted this compact.
118          (12) "Receiving state" means the state to which a child of a military family is sent,
119     brought, or caused to be sent or brought.
120          (13) "Rule" means a written statement by the Interstate Commission promulgated

121     pursuant to Section 53A-1-1012 that is of general applicability, implements, interprets, or
122     prescribes a policy or provision of the compact, or an organizational, procedural, or practice
123     requirement of the Interstate Commission, and has the force and effect of a rule promulgated
124     under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and includes the
125     amendment, repeal, or suspension of an existing rule.
126          (14) "Sending state" means the state from which a child of a military family is sent,
127     brought, or caused to be sent or brought.
128          (13) "State" means a state of the United States, the District of Columbia, the
129     Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern
130     Mariana Islands, and any other U.S. Territory.
131          (14) "Student" means the child of a military family for whom the local education
132     agency receives public funding and who is formally enrolled in Kindergarten through Twelfth
133     grade.
134          (15) "Transition" means:
135          (a) the formal and physical process of transferring from school to school; or
136          (b) the period of time in which a student moves from one school in the sending state to
137     another school in the receiving state.
138          (16) "Uniformed services" means the same as that term is defined in Section 68-3-12.5.
139          (17) "Veteran" means a person who served in the uniformed services and who was
140     discharged or released therefrom under conditions other than dishonorable.
141          Section 4. Section 53A-1-1003 is repealed and reenacted to read:
142          53A-1-1003. Article III -- Applicability.
143          (1) Except as otherwise provided in Subsection (3), this compact shall apply to the
144     children of:
145          (a) active duty members of the uniformed services as defined in this compact,
146     including members of the National Guard and Reserve;
147          (b) members or veterans of the uniformed services who are severely injured and
148     medically discharged or retired for a period of one year after medical discharge or retirement;
149     and
150          (c) members of the uniformed services who die on active duty or as a result of injuries
151     sustained on active duty for a period of one year after death.

152          (2) The provisions of this interstate compact shall only apply to local education
153     agencies as defined in this compact.
154          (3) The provisions of this compact do not apply to the children of:
155          (a) inactive members of the National Guard and military reserves;
156          (b) members of the uniformed services now retired, except as provided in Subsection
157     (1); and
158          (c) veterans of the uniformed services, except as provided in Subsection (1), and other
159     U.S. Dept. of Defense personnel and other federal agency civilian and contract employees not
160     defined as active duty members of the uniformed services.
161          Section 5. Section 53A-1-1004 is enacted to read:
162          53A-1-1004. Article IV -- Educational records and enrollment -- Immunizations --
163     Grade level entrance.
164          (1) Unofficial or "hand-carried" education records. In the event that official education
165     records cannot be released to the parents for the purpose of transfer, the custodian of the
166     records in the sending state shall prepare and furnish to the parent a complete set of unofficial
167     educational records containing uniform information as determined by the Interstate
168     Commission. Upon receipt of the unofficial education records by a school in the receiving
169     state, the school shall enroll and appropriately place the student based on the information
170     provided in the unofficial records pending validation by the official records, as quickly as
171     possible.
172          (2) Official education records or transcripts. Simultaneous with the enrollment and
173     conditional placement of the student, the school in the receiving state shall request the student's
174     official education record from the school in the sending state. Upon receipt of this request, the
175     school in the sending state will process and furnish the official education records to the school
176     in the receiving state within 10 days or within such time as is reasonably determined under the
177     rules promulgated by the Interstate Commission.
178          (3) Immunizations. Compacting states shall give 30 days from the date of enrollment or
179     within such time as is reasonably determined under the rules promulgated by the Interstate
180     Commission, for students to obtain any immunization required by the receiving state. For a
181     series of immunizations, initial vaccinations must be obtained within 30 days or within such
182     time as is reasonably determined under the rules promulgated by the Interstate Commission.

183          (4) Kindergarten and First grade entrance age. Students shall be allowed to continue
184     their enrollment at grade level in the receiving state commensurate with their grade level,
185     including Kindergarten, from a local education agency in the sending state at the time of
186     transition, regardless of age. A student that has satisfactorily completed the prerequisite grade
187     level in the local education agency in the sending state shall be eligible for enrollment in the
188     next highest grade level in the receiving state, regardless of age. Students transferring after the
189     start of the school year in the receiving state shall enter the school in the receiving state on their
190     validated level from an accredited school in the sending state.
191          Section 6. Section 53A-1-1005 is enacted to read:
192          53A-1-1005. Article V -- Course placement -- Attendance -- Special education
193     services -- Flexibility -- Absences related to deployment.
194          (1) When the student transfers before or during the school year, the receiving state
195     school shall initially honor placement of the student in educational courses based on the
196     student's enrollment in the sending state school and/or educational assessments conducted at
197     the school in the sending state if the courses are offered. Course placement includes but is not
198     limited to Honors, International Baccalaureate, Advanced Placement, vocational, technical, and
199     career pathways courses. Continuing the student's academic program from the previous school
200     and promoting placement in academically and career challenging courses should be paramount
201     when considering placement. This does not preclude the school in the receiving state from
202     performing subsequent evaluations to ensure appropriate placement and continued enrollment
203     of the student in the course.
204          (2) The receiving state school shall initially honor placement of the student in
205     educational programs based on current educational assessments conducted at the school in the
206     sending state or participation or placement in like programs in the sending state. Such programs
207     include, but are not limited to gifted and talented programs and English as a Second Language
208     (ESL). This does not preclude the school in the receiving state from performing subsequent
209     evaluations to ensure appropriate placement of the student.
210          (3) (a) In compliance with the federal requirements of the Individuals with Disabilities
211     Education Act (IDEA), 20 U.S.C. Section 1400 et seq., the receiving state shall initially
212     provide comparable services to a student with disabilities based on the student's current
213     Individualized Education Program (IEP).

214          (b) In compliance with the requirements of Section 504 of the Rehabilitation Act, 29
215     U.S.C. Section 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.
216     Sections 12131-12165, the receiving state shall make reasonable accommodations and
217     modifications to address the needs of incoming students with disabilities, subject to an existing
218     504 or Title II Plan, to provide the student with equal access to education. This does not
219     preclude the school in the receiving state from performing subsequent evaluations to ensure
220     appropriate placement of the student.
221          (4) Local education agency administrative officials shall have flexibility in waiving
222     course or program prerequisites, or other preconditions for placement, in courses or programs
223     offered under the jurisdiction of the local education agency.
224          (5) A student whose parent or legal guardian is an active duty member of the
225     uniformed services, as defined by the compact, and has been called to duty for, is on leave
226     from, or immediately returned from deployment to a combat zone or combat support posting,
227     shall be granted additional excused absences at the discretion of the local education agency
228     superintendent to visit with his or her parent or legal guardian relative to such leave or
229     deployment of the parent or guardian.
230          Section 7. Section 53A-1-1006 is enacted to read:
231          53A-1-1006. Article VI -- Eligibility -- Enrollment -- Extracurricular activities.
232          (1) Special power of attorney, relative to the guardianship of a child of a military
233     family and executed under applicable law, shall be sufficient for the purposes of enrollment
234     and all other actions requiring parental participation and consent.
235          (2) A local education agency shall be prohibited from charging local tuition to a
236     transitioning military child placed in the care of a non-custodial parent or other person standing
237     in loco parentis who lives in a jurisdiction other than that of the custodial parent.
238          (3) A transitioning military child, placed in the care of a non-custodial parent or other
239     person standing in loco parentis who lives in a jurisdiction other than that of the custodial
240     parent, may continue to attend the school in which the student was enrolled while residing with
241     the custodial parent.
242          (4) State and local education agencies shall facilitate the opportunity for transitioning
243     military children's inclusion in extracurricular activities, regardless of application deadlines, to
244     the extent they are otherwise qualified.

245          Section 8. Section 53A-1-1007 is enacted to read:
246          53A-1-1007. Article VII -- Graduation -- Waiver -- Exit exams -- Senior year
247     transfers.
248          In order to facilitate the on-time graduation of children of military families, states and
249     local education agencies shall incorporate the following procedures:
250          (1) Local education agency administrative officials shall waive specific courses
251     required for graduation if similar coursework has been satisfactorily completed in another local
252     education agency or shall provide reasonable justification for denial. Should a waiver not be
253     granted to a student who would qualify to graduate from the sending school, the local education
254     agency shall provide an alternative means of acquiring required coursework so that graduation
255     may occur on time.
256          (2) States shall accept:
257          (a) exit or end-of-course exams required for graduation from the sending state;
258          (b) national norm-referenced achievement tests; or
259          (c) alternative testing, in lieu of testing requirements for graduation in the receiving
260     state. In the event the above alternatives cannot be accommodated by the receiving state for a
261     student transferring in the student's Senior year, then the provisions of Subsection (3) shall
262     apply.
263          (3) Should a military student transferring at the beginning or during the student's
264     Senior year be ineligible to graduate from the receiving local education agency after all
265     alternatives have been considered, the sending and receiving local education agencies shall
266     ensure the receipt of a diploma from the sending local education agency, if the student meets
267     the graduation requirements of the sending local education agency. In the event that one of the
268     states in question is not a member of this compact, the member state shall use best efforts to
269     facilitate the on-time graduation of the student in accordance with Subsections (1) and (2).
270          Section 9. Section 53A-1-1008 is enacted to read:
271          53A-1-1008. Article VIII -- State coordination -- Membership of State Council.
272          (1) Each member state shall, through the creation of a State Council or use of an
273     existing body or board, provide for the coordination among its agencies of government, local
274     education agencies, and military installations concerning the state's participation in, and
275     compliance with, this compact and Interstate Commission activities. While each member state

276     may determine the membership of its own State Council, its membership shall include at least:
277          (a) the state superintendent of education;
278          (b) a superintendent of a school district with a high concentration of military children;
279          (c) a representative from a military installation;
280          (d) one representative each from the legislative and executive branches of government;
281     and
282          (e) other offices and stakeholder groups the State Council considers appropriate.
283          (2) A member state that does not have a school district that contains a high
284     concentration of military children may appoint a superintendent from another school district to
285     represent local education agencies on the State Council.
286          (3) The State Council of each member state shall appoint or designate a military family
287     education liaison to assist military families and the state in facilitating the implementation of
288     this compact.
289          (4) The compact commissioner responsible for the administration and management of
290     the state's participation in the compact shall be appointed Ĥ→ [
by the Governor or as otherwise
291     determined by each member state
] in accordance with Section 53A-1-1020 ←Ĥ
292          (5) The compact commissioner and the designated military family education liaison
293     shall be ex-officio members of the State Council, unless either is already a full voting member
294     of the State Council.
295          Section 10. Section 53A-1-1009 is enacted to read:
296          53A-1-1009. Article IX -- Creation of Interstate Commission.
297          (1) The member states hereby create the "Interstate Commission on Educational
298     Opportunity for Military Children." The activities of the Interstate Commission are the
299     formation of public policy and are a discretionary state function.
300          (2) The Interstate Commission shall:
301          (a) Be a body corporate and joint agency of the member states and have all the
302     responsibilities, powers, and duties set forth in this compact, and any additional powers as may
303     be conferred upon it by a subsequent concurrent action of the respective legislatures of the
304     member states in accordance with the terms of this compact.
305          (b) Consist of one Interstate Commission voting representative from each member state
306     who shall be that state's compact commissioner.

307          (i) Each member state represented at a meeting of the Interstate Commission is entitled
308     to one vote.
309          (ii) A majority of the total member states shall constitute a quorum for the transaction
310     of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
311          (iii) A representative may not delegate a vote to another member state. In the event the
312     compact commissioner is unable to attend a meeting of the Interstate Commission, the
313     Governor or State Council may delegate voting authority to another person from their state for
314     a specified meeting.
315          (iv) The bylaws may provide for meetings of the Interstate Commission to be
316     conducted by telecommunication or electronic communication.
317          (3) Consist of ex-officio, non-voting representatives who are members of interested
318     organizations. Such ex-officio members, as defined in the bylaws, may include but not be
319     limited to, members of the representative organizations of military family advocates, local
320     education agency officials, parent and teacher groups, the U.S. Department of Defense, the
321     Education Commission of the States, the Interstate Agreement on the Qualification of
322     Educational Personnel, and other interstate compacts affecting the education of children of
323     military members.
324          (4) Meet at least once each calendar year. The chairperson may call additional meetings
325     and, upon the request of a simple majority of the member states, shall call additional meetings.
326          (5) Establish an executive committee, whose members shall include the officers of the
327     Interstate Commission and other members of the Interstate Commission as determined by the
328     bylaws. Members of the executive committee shall serve a one-year term. Members of the
329     executive committee shall be entitled to one vote each. The executive committee shall have the
330     power to act on behalf of the Interstate Commission, with the exception of rulemaking, during
331     periods when the Interstate Commission is not in session. The executive committee shall
332     oversee the day-to-day activities of the administration of the compact including enforcement
333     and compliance with the provisions of the compact, its bylaws and rules, and other duties
334     considered necessary. The U.S. Dept. of Defense shall serve as an ex-officio, nonvoting
335     member of the executive committee.
336          (6) Establish bylaws and rules that provide for conditions and procedures under which
337     the Interstate Commission shall make its information and official records available to the

338     public for inspection or copying. The Interstate Commission may exempt from disclosure
339     information or official records to the extent they would adversely affect personal privacy rights
340     or proprietary interests.
341          (7) Give public notice of all meetings and all meetings shall be open to the public,
342     except as set forth in the rules or as otherwise provided in the compact. The Interstate
343     Commission and its committees may close a meeting, or portion of the meeting, where it
344     determines by two-thirds vote that an open meeting would be likely to:
345          (a) relate solely to the Interstate Commission's internal personnel practices and
346     procedures;
347          (b) disclose matters specifically exempted from disclosure by federal and state statute;
348          (c) disclose trade secrets or commercial or financial information which is privileged or
349     confidential;
350          (d) involve accusing a person of a crime, or formally censuring a person;
351          (e) disclose information of a personal nature where disclosure would constitute a
352     clearly unwarranted invasion of personal privacy;
353          (f) disclose investigative records compiled for law enforcement purposes; or
354          (g) specifically relate to the Interstate Commission's participation in a civil action or
355     other legal proceeding.
356          (8) Cause its legal counsel or designee to certify that a meeting may be closed and shall
357     reference each relevant exemptible provision for any meeting, or portion of a meeting, which is
358     closed pursuant to this provision. The Interstate Commission shall keep minutes which fully
359     and clearly describe all matters discussed in a meeting and provide a full and accurate summary
360     of actions taken, and the reasons therefore, including a description of the views expressed and
361     the record of a roll call vote. All documents considered in connection with an action shall be
362     identified in the minutes. All minutes and documents of a closed meeting shall remain under
363     seal, subject to release by a majority vote of the Interstate Commission.
364          (9) Collect standardized data concerning the educational transition of the children of
365     military families under this compact as directed through its rules which shall specify the data to
366     be collected, the means of collection, and data exchange and reporting requirements. Such
367     methods of data collection, exchange, and reporting shall, as far as is reasonably possible,
368     conform to current technology and coordinate its information functions with the appropriate

369     custodian of records as identified in the bylaws and rules.
370          (10) Create a process that permits military officials, education officials, and parents to
371     inform the Interstate Commission if and when there are alleged violations of the compact or its
372     rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by
373     the state or local education agency. This section may not be construed to create a private right
374     of action against the Interstate Commission or any member state.
375          Section 11. Section 53A-1-1010 is enacted to read:
376          53A-1-1010. Article X -- Powers and duties of the Interstate Commission.
377          The Interstate Commission shall have the following powers:
378          (1) To provide for dispute resolution among member states.
379          (2) To promulgate rules and take all necessary actions to effect the goals, purposes, and
380     obligations enumerated in this compact. The rules shall have the force and effect of rules
381     promulgated under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and shall be
382     binding in the compact states to the extent and in the manner provided in this compact.
383          (3) To issue, upon request of a member state, advisory opinions concerning the
384     meaning or interpretation of the interstate compact, its bylaws, rules, and actions.
385          (4) To monitor compliance with the compact provisions, the rules promulgated by the
386     Interstate Commission, and the bylaws. Any action to enforce compliance with the compact
387     provision by the Interstate Commission shall be brought against a member state only.
388          (5) To establish and maintain offices which shall be located within one or more of the
389     member states.
390          (6) To purchase and maintain insurance and bonds.
391          (7) To borrow, accept, hire, or contract for services of personnel.
392          (8) To establish and appoint committees including, but not limited to, an executive
393     committee as required by Subsection 53A-1-1009(5), which shall have the power to act on
394     behalf of the Interstate Commission in carrying out its powers and duties.
395          (9) To elect or appoint officers, attorneys, employees, agents, or consultants, and to fix
396     their compensation, define their duties and determine their qualifications, and to establish the
397     Interstate Commission's personnel policies and programs relating to conflicts of interest, rates
398     of compensation, and qualifications of personnel.
399          (10) To accept any and all donations and grants of money, equipment, supplies,

400     materials, and services, and to receive, utilize, and dispose of it.
401          (11) To lease, purchase, accept contributions, or donations of, or otherwise to own,
402     hold, improve, or use any property - real, personal, or mixed.
403          (12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
404     of any property - real, personal, or mixed.
405          (13) To establish a budget and make expenditures.
406          (14) To adopt a seal and bylaws governing the management and operation of the
407     Interstate Commission.
408          (15) To report annually to the legislatures, governors, judiciary, and state councils of
409     the member states concerning the activities of the Interstate Commission during the preceding
410     year. The reports shall also include any recommendations that may have been adopted by the
411     Interstate Commission.
412          (16) To coordinate education, training, and public awareness regarding the compact
413     and its implementation and operation for officials and parents involved in such activity.
414          (17) To establish uniform standards for the reporting, collecting, and exchanging of
415     data.
416          (18) To maintain corporate books and records in accordance with the bylaws.
417          (19) To perform any functions necessary or appropriate to achieve the purposes of this
418     compact.
419          (20) To provide for the uniform collection and sharing of information between and
420     among member states, schools, and military families under this compact.
421          Section 12. Section 53A-1-1011 is enacted to read:
422          53A-1-1011. Article XI -- Organization and operation of the Interstate
423     Commission -- Executive committee -- Officers -- Personnel.
424          (1) The Interstate Commission shall, by a majority of the members present and voting,
425     within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its
426     conduct as necessary or appropriate to carry out the purposes of the compact, including, but not
427     limited to:
428          (a) establishing the fiscal year of the Interstate Commission;
429          (b) establishing an executive committee, and other committees as necessary;
430          (c) providing for the establishment of committees and for governing any general or

431     specific delegation of authority or function of the Interstate Commission;
432          (d) providing reasonable procedures for calling and conducting meetings of the
433     Interstate Commission, and ensuring reasonable notice of each meeting;
434          (e) establishing the titles and responsibilities of the officers and staff of the Interstate
435     Commission;
436          (f) providing a mechanism for concluding the operations of the Interstate Commission
437     and the return of surplus funds that may exist upon the termination of the compact after the
438     payment and reserving of all of its debts and obligations; and
439          (g) providing start up rules for initial administration of the compact.
440          (2) The Interstate Commission shall, by a majority of the members, elect annually from
441     among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have
442     the authority and duties specified in the bylaws. The chairperson or, in the chairperson's
443     absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate
444     Commission. The officers so elected shall serve without compensation or remuneration from
445     the Interstate Commission; provided that, subject to the availability of budgeted funds, the
446     officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in
447     the performance of their responsibilities as officers of the Interstate Commission.
448          (3) The executive committee shall have the authority and duties set forth in the bylaws,
449     including, but not limited to:
450          (a) managing the affairs of the Interstate Commission in a manner consistent with the
451     bylaws and purposes of the Interstate Commission;
452          (b) overseeing an organizational structure within, and appropriate procedures for the
453     Interstate Commission to provide for the creation of rules, operating procedures, and
454     administrative and technical support functions; and
455          (c) planning, implementing, and coordinating communications and activities with other
456     state, federal, and local government organizations in order to advance the goals of the Interstate
457     Commission.
458          (4) The executive committee may, subject to the approval of the Interstate
459     Commission, appoint or retain an executive director for such period, upon such terms and
460     conditions and for such compensation, as the Interstate Commission may consider appropriate.
461     The executive director shall serve as secretary to the Interstate Commission, but may not be a

462     member of the Interstate Commission. The executive director shall hire and supervise other
463     persons authorized by the Interstate Commission.
464          (5) The Interstate Commission's executive director and its employees shall be immune
465     from suit and liability, either personally or in their official capacity, for a claim for damage to
466     or loss of property or personal injury or other civil liability caused or arising out of or relating
467     to an actual or alleged act, error, or omission that occurred, or that the person had a reasonable
468     basis for believing occurred, within the scope of Interstate Commission employment, duties, or
469     responsibilities; provided that, the person may not be protected from suit or liability for
470     damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of
471     the person.
472          (a) The liability of the Interstate Commission's executive director and employees or
473     Interstate Commission representatives, acting within the scope of the person's employment or
474     duties for acts, errors, or omissions occurring within the person's state may not exceed the
475     limits of liability set forth under the constitution and laws of that state for state officials,
476     employees, and agents. The Interstate Commission is considered to be an instrumentality of the
477     states for the purposes of any action. Nothing in this Subsection (5)(a) shall be construed to
478     protect a person from suit or liability for damage, loss, injury, or liability caused by the
479     intentional or willful and wanton misconduct of the person.
480          (b) The Interstate Commission shall defend the executive director and its employees
481     and, subject to the approval of the Attorney General or other appropriate legal counsel of the
482     member state represented by an Interstate Commission representative, shall defend the
483     Interstate Commission representative in any civil action seeking to impose liability arising out
484     of an actual or alleged act, error, or omission that occurred within the scope of Interstate
485     Commission employment, duties, or responsibilities, or that the defendant had a reasonable
486     basis for believing occurred within the scope of Interstate Commission employment, duties, or
487     responsibilities; provided that, the actual or alleged act, error, or omission did not result from
488     intentional or willful and wanton misconduct on the part of the person.
489          (c) To the extent not covered by the state involved, the member state, or the Interstate
490     Commission, the representatives or employees of the Interstate Commission shall be held
491     harmless in the amount of a settlement or judgment, including attorney fees and costs, obtained
492     against a person arising out of an actual or alleged act, error, or omission that occurred within

493     the scope of Interstate Commission employment, duties, or responsibilities, or that the person
494     had a reasonable basis for believing occurred within the scope of Interstate Commission
495     employment, duties, or responsibilities; provided that, the actual or alleged act, error, or
496     omission did not result from intentional or willful and wanton misconduct on the part of the
497     person.
498          Section 13. Section 53A-1-1012 is enacted to read:
499          53A-1-1012. Article XII -- Rulemaking -- Authority -- Procedure -- Review --
500     Rejection by Legislature.
501          (1) The Interstate Commission shall promulgate reasonable rules in order to effectively
502     and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the
503     event the Interstate Commission exercises its rulemaking authority in a manner that is beyond
504     the scope of the purposes of this compact, or the powers granted in accordance with this
505     compact, then the action by the Interstate Commission shall be invalid and have no force or
506     effect.
507          (2) Rules shall be made pursuant to a rulemaking process that substantially conforms to
508     the Model State Administrative Procedure Act, of 1981, Uniform Laws Annotated, Vol. 15, p.1
509     (2000) as amended, as may be appropriate to the operations of the Interstate Commission.
510          (3) Not later than 30 days after a rule is promulgated, any person may file a petition for
511     judicial review of the rule; provided that, the filing of a petition may not stay or otherwise
512     prevent the rule from becoming effective unless the court finds that the petitioner has a
513     substantial likelihood of success. The court shall give deference to the actions of the Interstate
514     Commission consistent with applicable law and may not find the rule to be unlawful if the rule
515     represents a reasonable exercise of the Interstate Commission's authority.
516          (4) If a majority of the legislatures of the compacting states rejects a rule by enactment
517     of a statute or resolution in the same manner used to adopt the compact, then the rule shall have
518     no further force and effect in any compacting state.
519          Section 14. Section 53A-1-1013 is enacted to read:
520          53A-1-1013. Article XIII -- Oversight -- Enforcement -- Dispute resolution --
521     Default -- Technical assistance -- Suspension -- Termination.
522          (1) Each member state shall enforce this compact to effectuate the compact's purposes
523     and intent. The provisions of this compact and the rules promulgated in accordance with the

524     compact shall have standing as a rule promulgated under Title 63G, Chapter 3, Utah
525     Administrative Rulemaking Act.
526          (2) All courts shall take judicial notice of the compact and the rules in any judicial or
527     administrative proceeding in a member state pertaining to the subject matter of this compact
528     which may affect the powers, responsibilities, or actions of the Interstate Commission.
529          (3) The Interstate Commission shall be entitled to receive all service of process in any
530     proceeding, and have standing to intervene in the proceeding for all purposes. Failure to
531     provide service of process to the Interstate Commission shall render a judgment or order void
532     as to the Interstate Commission, this compact, or promulgated rules.
533          (4) If the Interstate Commission determines that a member state has defaulted in the
534     performance of its obligations or responsibilities under this compact, or the bylaws or
535     promulgated rules, the Interstate Commission shall:
536          (a) Provide written notice to the defaulting state and other member states, of the nature
537     of the default, the means of curing the default, and any action taken by the Interstate
538     Commission. The Interstate Commission shall specify the conditions by which the defaulting
539     state shall cure its default.
540          (b) Provide remedial training and specific technical assistance regarding the default.
541          (5) If the defaulting state fails to cure the default, the defaulting state shall be
542     terminated from the compact upon an affirmative vote of a majority of the member states and
543     all rights, privileges, and benefits conferred by this compact shall be terminated from the
544     effective date of termination. A cure of the default does not relieve the offending state of
545     obligations or liabilities incurred during the period of the default.
546          (6) Suspension or termination of membership in the compact shall be imposed only
547     after all other means of securing compliance have been exhausted. Notice of intent to suspend
548     or terminate shall be given by the Interstate Commission to the Governor, the majority and
549     minority leaders of the defaulting state's legislature, and each of the member states.
550          (7) The state which has been suspended or terminated is responsible for all
551     assessments, obligations, and liabilities incurred through the effective date of suspension or
552     termination, not to exceed $5,000 per year, as provided in Subsection 53A-1-1014(5), for each
553     year that the state is a member of the compact.
554          (8) The Interstate Commission may not bear any costs relating to any state that has

555     been found to be in default or which has been suspended or terminated from the compact,
556     unless otherwise mutually agreed upon in writing between the Interstate Commission and the
557     defaulting state.
558          (9) The defaulting state may appeal the action of the Interstate Commission by
559     petitioning the U.S. District Court for the District of Columbia or the federal district where the
560     Interstate Commission has its principal offices. The prevailing party shall be awarded all costs
561     of the litigation including reasonable attorney fees.
562          (10) The Interstate Commission shall attempt, upon the request of a member state, to
563     resolve disputes which are subject to the compact and which may arise among member states
564     and between member and non-member states.
565          (11) The Interstate Commission shall promulgate a rule providing for both mediation
566     and binding dispute resolution for disputes as appropriate.
567          Section 15. Section 53A-1-1014 is enacted to read:
568          53A-1-1014. Article XIV -- Financing of the Interstate Commission.
569          (1) The Interstate Commission shall pay or provide for the payment of the reasonable
570     expenses of its establishment, organization, and ongoing activities.
571          (2) In accordance with the funding limit established in Subsection (5), the Interstate
572     Commission may levy and collect an annual assessment from each member state to cover the
573     cost of the operations and activities of the Interstate Commission and its staff which shall be in
574     a total amount sufficient to cover the Interstate Commission's annual budget as approved each
575     year. The aggregate annual assessment amount shall be allocated based upon a formula to be
576     determined by the Interstate Commission, which shall promulgate a rule binding upon all
577     member states.
578          (3) The Interstate Commission may not incur obligations of any kind prior to securing
579     the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of
580     any of the member states, except by and with the authority of the member state.
581          (4) The Interstate Commission shall keep accurate accounts of all receipts and
582     disbursements. The receipts and disbursements of the Interstate Commission shall be subject to
583     the audit and accounting procedures established under its bylaws. However, all receipts and
584     disbursements of funds handled by the Interstate Commission shall be audited yearly by a
585     certified or licensed public accountant and the report of the audit shall be included in and

586     become part of the annual report of the Interstate Commission.
587          (5) The Interstate Commission may not assess, levy, or collect more than $5,000 per
588     year from Utah legislative appropriations. Other funding sources may be accepted and used to
589     offset expenses related to the state's participation in the compact.
590          Section 16. Section 53A-1-1015 is enacted to read:
591          53A-1-1015. Article XV -- Member states -- Effective date -- Amendments.
592          (1) Any state is eligible to become a member state.
593          (2) The compact shall become effective and binding upon legislative enactment of the
594     compact into law by no less than 10 of the states. The effective date shall be no earlier than
595     December 1, 2007. Thereafter it shall become effective and binding as to any other member
596     state upon enactment of the compact into law by that state. The governors of non-member
597     states or their designees shall be invited to participate in the activities of the Interstate
598     Commission on a non-voting basis prior to adoption of the compact by all states.
599          (3) The Interstate Commission may propose amendments to the compact for enactment
600     by the member states. No amendment shall become effective and binding upon the Interstate
601     Commission and the member states unless and until it is enacted into law by unanimous
602     consent of the member states.
603          Section 17. Section 53A-1-1016 is enacted to read:
604          53A-1-1016. Article XVI -- Withdrawal -- Dissolution.
605          (1) Once effective, the compact shall continue in force and remain binding upon each
606     and every member state; provided that, a member state may withdraw from the compact by
607     specifically repealing the statute which enacted the compact into law.
608          (2) Withdrawal from this compact shall be by the enactment of a statute repealing the
609     same.
610          (3) The withdrawing state shall immediately notify the chairperson of the Interstate
611     Commission in writing upon the introduction of legislation repealing this compact in the
612     withdrawing state. The Interstate Commission shall notify the other member states of the
613     withdrawing state's intent to withdraw within 60 days of its receipt of the notification.
614          (4) The withdrawing state is responsible for all assessments, obligations, and liabilities
615     incurred through the effective date of withdrawal, not to exceed $5,000 per year, as provided in
616     Subsection 53A-1-1014(5), for each year that the state is a member of the compact.

617          (5) Reinstatement following withdrawal of a member state shall occur upon the
618     withdrawing state reenacting the compact or upon a later date determined by the Interstate
619     Commission.
620          (6) This compact shall dissolve effective upon the date of the withdrawal or default of
621     a member state which reduces the membership in the compact to one member state.
622          (7) Upon the dissolution of this compact, the compact becomes null and void and shall
623     be of no further force or effect. The business and affairs of the Interstate Commission shall be
624     concluded and surplus funds shall be distributed in accordance with the bylaws.
625          Section 18. Section 53A-1-1017 is enacted to read:
626          53A-1-1017. Article XVII -- Severability -- Construction.
627          (1) The provisions of this compact shall be severable, and if any phrase, clause,
628     sentence, or provision is considered unenforceable, the remaining provisions of the compact
629     shall be enforceable.
630          (2) The provisions of this compact shall be liberally construed to effectuate its
631     purposes.
632          (3) Nothing in this compact shall be construed to prohibit the applicability of other
633     interstate compacts to which the states are members.
634          Section 19. Section 53A-1-1018 is enacted to read:
635          53A-1-1018. Article XVIII -- Binding effect of compact -- Other state laws.
636          (1) Nothing in this compact prevents the enforcement of any other law of a member
637     state.
638          (2) All lawful actions of the Interstate Commission, including all rules and bylaws
639     promulgated by the Interstate Commission, are binding upon the member states.
640          (3) All agreements between the Interstate Commission and the member states are
641     binding in accordance with their terms.
642          (4) In the event any provision of this compact exceeds the statutory or constitutional
643     limits imposed on the legislature of any member state, that provision shall be ineffective to the
644     extent of the conflict with the statutory or constitutional provision in question in that member
645     state.
646          Section 20. Section 53A-1-1019 is enacted to read:
647          53A-1-1019. Creation of State Council on Military Children.

648          (1) There is established a State Council on Military Children, as required in Section
649     53A-1-1008.
650          (2) The members of the State Council on Military Children shall include:
651          (a) the state superintendent of public instruction;
652          (b) a superintendent of a school district with a high concentration of military children
653     appointed by the governor;
654          (c) a representative from a military installation, appointed by the governor;
655          (d) one member of the House of Representatives, appointed by the speaker of the
656     House;
657          (e) one member of the Senate, appointed by the president of the Senate;
658          (f) a representative from the Department of Veterans' and Military Affairs, appointed
659     by the governor;
660          (g) a military family education liaison, appointed by the members listed in Subsections
661     (2)(a) through (f);
662          (h) the compact commissioner, appointed in accordance with Section
662a      Ĥ→ [
53A-1-1003] 53A-1-1020 ←Ĥ ; and
663          (i) other members as determined by the governor.
664          (3) The State Council on Military Children shall carry out the duties established in
665     Section 53A-1-1008.
666          (4) (a) A member who is not a legislator may not receive compensation or per diem.
667          (b) Compensation and expenses of a member who is a legislator are governed by
668     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
669          Section 21. Section 53A-1-1020 is enacted to read:
670          53A-1-1020. Appointment of compact commissioner.
671          The governor, with the consent of the Senate, shall appoint a compact commissioner to
672     carry out the duties described in this part.
673          Section 22. Section 53A-3-402 is amended to read:
674          53A-3-402. Powers and duties generally.
675          (1) Each local school board shall:
676          (a) implement the core standards for Utah public schools utilizing instructional
677     materials that best correlate to the core standards for Utah public schools and graduation
678     requirements;

679          (b) administer tests, required by the State Board of Education, which measure the
680     progress of each student, and coordinate with the state superintendent and State Board of
681     Education to assess results and create plans to improve the student's progress, which shall be
682     submitted to the State Board of Education for approval;
683          (c) use progress-based assessments as part of a plan to identify schools, teachers, and
684     students that need remediation and determine the type and amount of federal, state, and local
685     resources to implement remediation;
686          (d) develop early warning systems for students or classes failing to make progress;
687          (e) work with the State Board of Education to establish a library of documented best
688     practices, consistent with state and federal regulations, for use by the local districts; and
689          (f) implement training programs for school administrators, including basic
690     management training, best practices in instructional methods, budget training, staff
691     management, managing for learning results and continuous improvement, and how to help
692     every child achieve optimal learning in basic academic subjects.
693          (2) Local school boards shall spend minimum school program funds for programs and
694     activities for which the State Board of Education has established minimum standards or rules
695     under Section 53A-1-402.
696          (3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
697     and equipment and construct, erect, and furnish school buildings.
698          (b) School sites or buildings may only be conveyed or sold on board resolution
699     affirmed by at least two-thirds of the members.
700          (4) (a) A board may participate in the joint construction or operation of a school
701     attended by children residing within the district and children residing in other districts either
702     within or outside the state.
703          (b) Any agreement for the joint operation or construction of a school shall:
704          (i) be signed by the president of the board of each participating district;
705          (ii) include a mutually agreed upon pro rata cost; and
706          (iii) be filed with the State Board of Education.
707          (5) A board may establish, locate, and maintain elementary, secondary, and applied
708     technology schools.
709          (6) Except as provided in Section [53A-1-1001] 53A-1-1004, a board may enroll

710     children in school who are at least five years of age before September 2 of the year in which
711     admission is sought.
712          (7) A board may establish and support school libraries.
713          (8) A board may collect damages for the loss, injury, or destruction of school property.
714          (9) A board may authorize guidance and counseling services for children and their
715     parents or guardians prior to, during, or following enrollment of the children in schools.
716          (10) (a) A board shall administer and implement federal educational programs in
717     accordance with Title 53A, Chapter 1, Part 9, Implementing Federal or National Education
718     Programs Act.
719          (b) Federal funds are not considered funds within the school district budget under Title
720     53A, Chapter 19, Public School Budgets.
721          (11) (a) A board may organize school safety patrols and adopt rules under which the
722     patrols promote student safety.
723          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
724     parental consent for the appointment.
725          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
726     of a highway intended for vehicular traffic use.
727          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
728     safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
729     the program by virtue of the organization, maintenance, or operation of a school safety patrol.
730          (12) (a) A board may on its own behalf, or on behalf of an educational institution for
731     which the board is the direct governing body, accept private grants, loans, gifts, endowments,
732     devises, or bequests that are made for educational purposes.
733          (b) These contributions are not subject to appropriation by the Legislature.
734          (13) (a) A board may appoint and fix the compensation of a compliance officer to issue
735     citations for violations of Subsection 76-10-105(2).
736          (b) A person may not be appointed to serve as a compliance officer without the
737     person's consent.
738          (c) A teacher or student may not be appointed as a compliance officer.
739          (14) A board shall adopt bylaws and rules for its own procedures.
740          (15) (a) A board shall make and enforce rules necessary for the control and

741     management of the district schools.
742          (b) All board rules and policies shall be in writing, filed, and referenced for public
743     access.
744          (16) A board may hold school on legal holidays other than Sundays.
745          (17) (a) Each board shall establish for each school year a school traffic safety
746     committee to implement this Subsection (17).
747          (b) The committee shall be composed of one representative of:
748          (i) the schools within the district;
749          (ii) the Parent Teachers' Association of the schools within the district;
750          (iii) the municipality or county;
751          (iv) state or local law enforcement; and
752          (v) state or local traffic safety engineering.
753          (c) The committee shall:
754          (i) receive suggestions from school community councils, parents, teachers, and others
755     and recommend school traffic safety improvements, boundary changes to enhance safety, and
756     school traffic safety program measures;
757          (ii) review and submit annually to the Department of Transportation and affected
758     municipalities and counties a child access routing plan for each elementary, middle, and junior
759     high school within the district;
760          (iii) consult the Utah Safety Council and the Division of Family Health Services and
761     provide training to all school children in kindergarten through grade six, within the district, on
762     school crossing safety and use; and
763          (iv) help ensure the district's compliance with rules made by the Department of
764     Transportation under Section 41-6a-303.
765          (d) The committee may establish subcommittees as needed to assist in accomplishing
766     its duties under Subsection (17)(c).
767          (18) (a) Each school board shall adopt and implement a comprehensive emergency
768     response plan to prevent and combat violence in its public schools, on school grounds, on its
769     school vehicles, and in connection with school-related activities or events.
770          (b) The plan shall:
771          (i) include prevention, intervention, and response components;

772          (ii) be consistent with the student conduct and discipline policies required for school
773     districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
774          (iii) require inservice training for all district and school building staff on what their
775     roles are in the emergency response plan;
776          (iv) provide for coordination with local law enforcement and other public safety
777     representatives in preventing, intervening, and responding to violence in the areas and activities
778     referred to in Subsection (18)(a); and
779          (v) include procedures to notify a student, to the extent practicable, who is off campus
780     at the time of a school violence emergency because the student is:
781          (A) participating in a school-related activity; or
782          (B) excused from school for a period of time during the regular school day to
783     participate in religious instruction at the request of the student's parent or guardian.
784          (c) The State Board of Education, through the state superintendent of public
785     instruction, shall develop comprehensive emergency response plan models that local school
786     boards may use, where appropriate, to comply with Subsection (18)(a).
787          (d) Each local school board shall, by July 1 of each year, certify to the State Board of
788     Education that its plan has been practiced at the school level and presented to and reviewed by
789     its teachers, administrators, students, and their parents and local law enforcement and public
790     safety representatives.
791          (19) (a) Each local school board may adopt an emergency response plan for the
792     treatment of sports-related injuries that occur during school sports practices and events.
793          (b) The plan may be implemented by each secondary school in the district that has a
794     sports program for students.
795          (c) The plan may:
796          (i) include emergency personnel, emergency communication, and emergency
797     equipment components;
798          (ii) require inservice training on the emergency response plan for school personnel who
799     are involved in sports programs in the district's secondary schools; and
800          (iii) provide for coordination with individuals and agency representatives who:
801          (A) are not employees of the school district; and
802          (B) would be involved in providing emergency services to students injured while

803     participating in sports events.
804          (d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
805     review the plan each year and make revisions when required to improve or enhance the plan.
806          (e) The State Board of Education, through the state superintendent of public
807     instruction, shall provide local school boards with an emergency plan response model that local
808     boards may use to comply with the requirements of this Subsection (19).
809          (20) A board shall do all other things necessary for the maintenance, prosperity, and
810     success of the schools and the promotion of education.
811          (21) (a) Before closing a school or changing the boundaries of a school, a board shall:
812          (i) hold a public hearing, as defined in Section 10-9a-103; and
813          (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
814          (b) The notice of a public hearing required under Subsection (21)(a) shall:
815          (i) indicate the:
816          (A) school or schools under consideration for closure or boundary change; and
817          (B) date, time, and location of the public hearing; and
818          (ii) at least 10 days prior to the public hearing, be:
819          (A) published:
820          (I) in a newspaper of general circulation in the area; and
821          (II) on the Utah Public Notice Website created in Section 63F-1-701; and
822          (B) posted in at least three public locations within the municipality or on the district's
823     official website.
824          (22) A board may implement a facility energy efficiency program established under
825     Title 11, Chapter 44, Performance Efficiency Act.
826          Section 23. Section 53A-11-302 is amended to read:
827          53A-11-302. Immunizations required -- Exceptions -- Grounds for exemption
828     from required immunizations.
829          (1) A student may not enter school without a certificate of immunization, except as
830     provided in this section.
831          (2) Except as provided in Section [53A-1-1001] 53A-1-1004, a student who at the time
832     of school enrollment has not been completely immunized against each specified disease may
833     attend school under a conditional enrollment if the student has received one dose of each

834     specified vaccine prior to enrollment.
835          (3) A student is exempt from receiving the required immunizations if there is presented
836     to the appropriate official of the school one or more of the following:
837          (a) a certificate from a licensed physician stating that due to the physical condition of
838     the student one or more specified immunizations would endanger the student's life or health;
839          (b) A completed form obtained at the local health department where the student
840     resides, providing:
841          (i) the information required under Subsection 53A-11-302.5(1); and
842          (ii) a statement that the person has a personal belief opposed to immunizations, which
843     is signed by one of the individuals listed in Subsection 53A-11-302(3)(c) and witnessed by the
844     local health officer or his designee; or
845          (c) a statement that the person is a bona fide member of a specified, recognized
846     religious organization whose teachings are contrary to immunizations, signed by one of the
847     following persons:
848          (i) one of the student's parents;
849          (ii) the student's guardian;
850          (iii) a legal age brother or sister of a student who has no parent or guardian; or
851          (iv) the student, if of legal age.
852          Section 24. Section 53A-11-504 is amended to read:
853          53A-11-504. Requirement of school record for transfer of student -- Procedures.
854          (1) Except as provided in Section [53A-1-1001] 53A-1-1004, a school shall request a
855     certified copy of a transfer student's record, directly from the transfer student's previous school,
856     within 14 days after enrolling the transfer student.
857          (2) (a) Except as provided in Subsection (2)(b) and Section [53A-1-1001] 53A-1-1004,
858     a school requested to forward a certified copy of a transferring student's record to the new
859     school shall comply within 30 school days of the request.
860          (b) If the record has been flagged pursuant to Section 53A-11-502, a school may not
861     forward the record to the new school and the requested school shall notify the division of the
862     request.

Legislative Review Note
Office of Legislative Research and General Counsel