Chief Sponsor: Mike Winder

Senate Sponsor: Peter C. Knudson


9     General Description:
10          This bill extends the compact coverage to all full-time uniformed services members.
11     Highlighted Provisions:
12          This bill:
13          ▸     eliminates the requirement that National Guard and Reserve members be on orders
14     pursuant to United States Code Title 10, Armed Forces, in order to qualify for
15     coverage under the compact; and
16          ▸     restructures and makes technical amendments for readability.
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 2016, Chapter 144
24          53A-11-302, as last amended by Laws of Utah 2010, Chapter 395
25          53A-11-504, as last amended by Laws of Utah 2010, Chapter 395
26     ENACTS:
27          53A-1-1000, Utah Code Annotated 1953
28          53A-1-1004, Utah Code Annotated 1953
29          53A-1-1005, Utah Code Annotated 1953

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

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

53          53A-1-1000. Title -- Interstate Compact on Educational Opportunity for Military
54     Children.
55          This part is known as the "Interstate Compact on Educational Opportunity for Military
56     Children."
57          Section 2. Section 53A-1-1001 is repealed and reenacted to read:

58          53A-1-1001. Article I -- Purpose.
59          It is the purpose of this compact to remove barriers to educational success imposed on
60     children of military families because of frequent moves and deployment of their parents by:
61          (1) facilitating the timely enrollment of children of military families and ensuring that
62     they are not placed at a disadvantage due to difficulty in the transfer of education records from
63     the previous school district or variations in entrance or age requirements;
64          (2) facilitating the student placement process through which children of military
65     families are not disadvantaged by variations in attendance requirements, scheduling,
66     sequencing, grading, course content, or assessment;
67          (3) facilitating the qualification and eligibility for enrollment, educational programs,
68     and participation in extracurricular academic, athletic, and social activities;
69          (4) facilitating the on-time graduation of children of military families;
70          (5) providing for the promulgation and enforcement of administrative rules
71     implementing the provisions of this compact;
72          (6) providing for the uniform collection and sharing of information between and among
73     member states, schools, and military families under this compact;
74          (7) promoting coordination between this compact and other compacts affecting military
75     children; and
76          (8) promoting flexibility and cooperation between the educational system, parents, and
77     the student in order to achieve educational success for the student.
78          Section 3. Section 53A-1-1002 is repealed and reenacted to read:
79          53A-1-1002. Article II -- Definitions.
80          As used in this compact, unless the context clearly requires a different construction:
81          (1) "Active duty" means full-time duty status in the active uniformed service of the
82     United States, including members of the National Guard and Reserve.
83          (2) "Children of military families" means a school-aged child, enrolled in Kindergarten
84     through Twelfth grade, in the household of an active duty member.
85          (3) "Compact commissioner" means the voting representative of each compacting state

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

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

142     including members of the National Guard and Reserve;
143          (b) members or veterans of the uniformed services who are severely injured and
144     medically discharged or retired for a period of one year after medical discharge or retirement;
145     and
146          (c) members of the uniformed services who die on active duty or as a result of injuries
147     sustained on active duty for a period of one year after death.
148          (2) The provisions of this interstate compact shall only apply to local education
149     agencies as defined in this compact.
150          (3) The provisions of this compact do not apply to the children of:
151          (a) inactive members of the National Guard and military reserves;
152          (b) members of the uniformed services now retired, except as provided in Subsection
153     (1); and
154          (c) veterans of the uniformed services, except as provided in Subsection (1), and other
155     U.S. Department of Defense personnel and other federal agency civilian and contract
156     employees not defined as active duty members of the uniformed services.
157          Section 5. Section 53A-1-1004 is enacted to read:
158          53A-1-1004. Article IV -- Educational records and enrollment -- Immunizations --
159     Grade level entrance.
160          (1) Unofficial or "hand-carried" education records. In the event that official education
161     records cannot be released to the parents for the purpose of transfer, the custodian of the
162     records in the sending state shall prepare and furnish to the parent a complete set of unofficial
163     educational records containing uniform information as determined by the Interstate
164     Commission. Upon receipt of the unofficial education records by a school in the receiving
165     state, the school shall enroll and appropriately place the student based on the information
166     provided in the unofficial records pending validation by the official records, as quickly as
167     possible.
168          (2) Official education records or transcripts. Simultaneous with the enrollment and
169     conditional placement of the student, the school in the receiving state shall request the student's

170     official education record from the school in the sending state. Upon receipt of this request, the
171     school in the sending state will process and furnish the official education records to the school
172     in the receiving state within 10 days or within such time as is reasonably determined under the
173     rules promulgated by the Interstate Commission.
174          (3) Immunizations. Compacting states shall give 30 days from the date of enrollment or
175     within such time as is reasonably determined under the rules promulgated by the Interstate
176     Commission, for students to obtain any immunization required by the receiving state. For a
177     series of immunizations, initial vaccinations must be obtained within 30 days or within such
178     time as is reasonably determined under the rules promulgated by the Interstate Commission.
179          (4) Kindergarten and First grade entrance age. Students shall be allowed to continue
180     their enrollment at grade level in the receiving state commensurate with their grade level,
181     including Kindergarten, from a local education agency in the sending state at the time of
182     transition, regardless of age. A student that has satisfactorily completed the prerequisite grade
183     level in the local education agency in the sending state shall be eligible for enrollment in the
184     next highest grade level in the receiving state, regardless of age. Students transferring after the
185     start of the school year in the receiving state shall enter the school in the receiving state on their
186     validated level from an accredited school in the sending state.
187          Section 6. Section 53A-1-1005 is enacted to read:
188          53A-1-1005. Article V -- Course placement -- Attendance -- Special education
189     services -- Flexibility -- Absences related to deployment.
190          (1) When the student transfers before or during the school year, the receiving state
191     school shall initially honor placement of the student in educational courses based on the
192     student's enrollment in the sending state school and/or educational assessments conducted at
193     the school in the sending state if the courses are offered. Course placement includes but is not
194     limited to Honors, International Baccalaureate, Advanced Placement, vocational, technical, and
195     career pathways courses. Continuing the student's academic program from the previous school
196     and promoting placement in academically and career challenging courses should be paramount
197     when considering placement. This does not preclude the school in the receiving state from

198     performing subsequent evaluations to ensure appropriate placement and continued enrollment
199     of the student in the course.
200          (2) The receiving state school shall initially honor placement of the student in
201     educational programs based on current educational assessments conducted at the school in the
202     sending state or participation or placement in like programs in the sending state. Such programs
203     include, but are not limited to gifted and talented programs and English as a Second Language
204     (ESL). This does not preclude the school in the receiving state from performing subsequent
205     evaluations to ensure appropriate placement of the student.
206          (3) (a) In compliance with the federal requirements of the Individuals with Disabilities
207     Education Act (IDEA), 20 U.S.C. Section 1400 et seq., the receiving state shall initially
208     provide comparable services to a student with disabilities based on the student's current
209     Individualized Education Program (IEP).
210          (b) In compliance with the requirements of Section 504 of the Rehabilitation Act, 29
211     U.S.C. Section 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.
212     Sections 12131-12165, the receiving state shall make reasonable accommodations and
213     modifications to address the needs of incoming students with disabilities, subject to an existing
214     504 or Title II Plan, to provide the student with equal access to education. This does not
215     preclude the school in the receiving state from performing subsequent evaluations to ensure
216     appropriate placement of the student.
217          (4) Local education agency administrative officials shall have flexibility in waiving
218     course or program prerequisites, or other preconditions for placement, in courses or programs
219     offered under the jurisdiction of the local education agency.
220          (5) A student whose parent or legal guardian is an active duty member of the
221     uniformed services, as defined by the compact, and has been called to duty for, is on leave
222     from, or immediately returned from deployment to a combat zone or combat support posting,
223     shall be granted additional excused absences at the discretion of the local education agency
224     superintendent to visit with his or her parent or legal guardian relative to such leave or
225     deployment of the parent or guardian.

226          Section 7. Section 53A-1-1006 is enacted to read:
227          53A-1-1006. Article VI -- Eligibility -- Enrollment -- Extracurricular activities.
228          (1) Special power of attorney, relative to the guardianship of a child of a military
229     family and executed under applicable law, shall be sufficient for the purposes of enrollment
230     and all other actions requiring parental participation and consent.
231          (2) A local education agency shall be prohibited from charging local tuition to a
232     transitioning military child placed in the care of a non-custodial parent or other person standing
233     in loco parentis who lives in a jurisdiction other than that of the custodial parent.
234          (3) A transitioning military child, placed in the care of a non-custodial parent or other
235     person standing in loco parentis who lives in a jurisdiction other than that of the custodial
236     parent, may continue to attend the school in which the student was enrolled while residing with
237     the custodial parent.
238          (4) State and local education agencies shall facilitate the opportunity for transitioning
239     military children's inclusion in extracurricular activities, regardless of application deadlines, to
240     the extent they are otherwise qualified.
241          Section 8. Section 53A-1-1007 is enacted to read:
242          53A-1-1007. Article VII -- Graduation -- Waiver -- Exit exams -- Senior year
243     transfers.
244          In order to facilitate the on-time graduation of children of military families, states and
245     local education agencies shall incorporate the following procedures:
246          (1) Local education agency administrative officials shall waive specific courses
247     required for graduation if similar coursework has been satisfactorily completed in another local
248     education agency or shall provide reasonable justification for denial. Should a waiver not be
249     granted to a student who would qualify to graduate from the sending school, the local education
250     agency shall provide an alternative means of acquiring required coursework so that graduation
251     may occur on time.
252          (2) States shall accept:
253          (a) exit or end-of-course exams required for graduation from the sending state;

254          (b) national norm-referenced achievement tests; or
255          (c) alternative testing, in lieu of testing requirements for graduation in the receiving
256     state. In the event the above alternatives cannot be accommodated by the receiving state for a
257     student transferring in the student's Senior year, then the provisions of Subsection (3) shall
258     apply.
259          (3) Should a military student transferring at the beginning or during the student's
260     Senior year be ineligible to graduate from the receiving local education agency after all
261     alternatives have been considered, the sending and receiving local education agencies shall
262     ensure the receipt of a diploma from the sending local education agency, if the student meets
263     the graduation requirements of the sending local education agency. In the event that one of the
264     states in question is not a member of this compact, the member state shall use best efforts to
265     facilitate the on-time graduation of the student in accordance with Subsections (1) and (2).
266          Section 9. Section 53A-1-1008 is enacted to read:
267          53A-1-1008. Article VIII -- State coordination -- Membership of State Council.
268          (1) Each member state shall, through the creation of a State Council or use of an
269     existing body or board, provide for the coordination among its agencies of government, local
270     education agencies, and military installations concerning the state's participation in, and
271     compliance with, this compact and Interstate Commission activities. While each member state
272     may determine the membership of its own State Council, its membership shall include at least:
273          (a) the state superintendent of education;
274          (b) a superintendent of a school district with a high concentration of military children;
275          (c) a representative from a military installation;
276          (d) one representative each from the legislative and executive branches of government;
277     and
278          (e) other offices and stakeholder groups the State Council considers appropriate.
279          (2) A member state that does not have a school district that contains a high
280     concentration of military children may appoint a superintendent from another school district to
281     represent local education agencies on the State Council.

282          (3) The State Council of each member state shall appoint or designate a military family
283     education liaison to assist military families and the state in facilitating the implementation of
284     this compact.
285          (4) The compact commissioner responsible for the administration and management of
286     the state's participation in the compact shall be appointed in accordance with Section
287     53A-1-1020.
288          (5) The compact commissioner and the designated military family education liaison
289     shall be ex-officio members of the State Council, unless either is already a full voting member
290     of the State Council.
291          Section 10. Section 53A-1-1009 is enacted to read:
292          53A-1-1009. Article IX -- Creation of Interstate Commission.
293          (1) The member states hereby create the "Interstate Commission on Educational
294     Opportunity for Military Children." The activities of the Interstate Commission are the
295     formation of public policy and are a discretionary state function.
296          (2) The Interstate Commission shall:
297          (a) Be a body corporate and joint agency of the member states and have all the
298     responsibilities, powers, and duties set forth in this compact, and any additional powers as may
299     be conferred upon it by a subsequent concurrent action of the respective legislatures of the
300     member states in accordance with the terms of this compact.
301          (b) Consist of one Interstate Commission voting representative from each member state
302     who shall be that state's compact commissioner.
303          (i) Each member state represented at a meeting of the Interstate Commission is entitled
304     to one vote.
305          (ii) A majority of the total member states shall constitute a quorum for the transaction
306     of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
307          (iii) A representative may not delegate a vote to another member state. In the event the
308     compact commissioner is unable to attend a meeting of the Interstate Commission, the
309     Governor or State Council may delegate voting authority to another person from their state for

310     a specified meeting.
311          (iv) The bylaws may provide for meetings of the Interstate Commission to be
312     conducted by telecommunication or electronic communication.
313          (3) Consist of ex-officio, non-voting representatives who are members of interested
314     organizations. Such ex-officio members, as defined in the bylaws, may include but not be
315     limited to, members of the representative organizations of military family advocates, local
316     education agency officials, parent and teacher groups, the U.S. Department of Defense, the
317     Education Commission of the States, the Interstate Agreement on the Qualification of
318     Educational Personnel, and other interstate compacts affecting the education of children of
319     military members.
320          (4) Meet at least once each calendar year. The chairperson may call additional meetings
321     and, upon the request of a simple majority of the member states, shall call additional meetings.
322          (5) Establish an executive committee, whose members shall include the officers of the
323     Interstate Commission and other members of the Interstate Commission as determined by the
324     bylaws. Members of the executive committee shall serve a one-year term. Members of the
325     executive committee shall be entitled to one vote each. The executive committee shall have the
326     power to act on behalf of the Interstate Commission, with the exception of rulemaking, during
327     periods when the Interstate Commission is not in session. The executive committee shall
328     oversee the day-to-day activities of the administration of the compact including enforcement
329     and compliance with the provisions of the compact, its bylaws and rules, and other duties
330     considered necessary. The U.S. Department of Defense shall serve as an ex-officio, nonvoting
331     member of the executive committee.
332          (6) Establish bylaws and rules that provide for conditions and procedures under which
333     the Interstate Commission shall make its information and official records available to the
334     public for inspection or copying. The Interstate Commission may exempt from disclosure
335     information or official records to the extent they would adversely affect personal privacy rights
336     or proprietary interests.
337          (7) Give public notice of all meetings and all meetings shall be open to the public,

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

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

394     of compensation, and qualifications of personnel.
395          (10) To accept any and all donations and grants of money, equipment, supplies,
396     materials, and services, and to receive, utilize, and dispose of it.
397          (11) To lease, purchase, accept contributions, or donations of, or otherwise to own,
398     hold, improve, or use any property - real, personal, or mixed.
399          (12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
400     of any property - real, personal, or mixed.
401          (13) To establish a budget and make expenditures.
402          (14) To adopt a seal and bylaws governing the management and operation of the
403     Interstate Commission.
404          (15) To report annually to the legislatures, governors, judiciary, and state councils of
405     the member states concerning the activities of the Interstate Commission during the preceding
406     year. The reports shall also include any recommendations that may have been adopted by the
407     Interstate Commission.
408          (16) To coordinate education, training, and public awareness regarding the compact
409     and its implementation and operation for officials and parents involved in such activity.
410          (17) To establish uniform standards for the reporting, collecting, and exchanging of
411     data.
412          (18) To maintain corporate books and records in accordance with the bylaws.
413          (19) To perform any functions necessary or appropriate to achieve the purposes of this
414     compact.
415          (20) To provide for the uniform collection and sharing of information between and
416     among member states, schools, and military families under this compact.
417          Section 12. Section 53A-1-1011 is enacted to read:
418          53A-1-1011. Article XI -- Organization and operation of the Interstate
419     Commission -- Executive committee -- Officers -- Personnel.
420          (1) The Interstate Commission shall, by a majority of the members present and voting,
421     within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its

422     conduct as necessary or appropriate to carry out the purposes of the compact, including, but not
423     limited to:
424          (a) establishing the fiscal year of the Interstate Commission;
425          (b) establishing an executive committee, and other committees as necessary;
426          (c) providing for the establishment of committees and for governing any general or
427     specific delegation of authority or function of the Interstate Commission;
428          (d) providing reasonable procedures for calling and conducting meetings of the
429     Interstate Commission, and ensuring reasonable notice of each meeting;
430          (e) establishing the titles and responsibilities of the officers and staff of the Interstate
431     Commission;
432          (f) providing a mechanism for concluding the operations of the Interstate Commission
433     and the return of surplus funds that may exist upon the termination of the compact after the
434     payment and reserving of all of its debts and obligations; and
435          (g) providing start up rules for initial administration of the compact.
436          (2) The Interstate Commission shall, by a majority of the members, elect annually from
437     among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have
438     the authority and duties specified in the bylaws. The chairperson or, in the chairperson's
439     absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate
440     Commission. The officers so elected shall serve without compensation or remuneration from
441     the Interstate Commission; provided that, subject to the availability of budgeted funds, the
442     officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in
443     the performance of their responsibilities as officers of the Interstate Commission.
444          (3) The executive committee shall have the authority and duties set forth in the bylaws,
445     including, but not limited to:
446          (a) managing the affairs of the Interstate Commission in a manner consistent with the
447     bylaws and purposes of the Interstate Commission;
448          (b) overseeing an organizational structure within, and appropriate procedures for the
449     Interstate Commission to provide for the creation of rules, operating procedures, and

450     administrative and technical support functions; and
451          (c) planning, implementing, and coordinating communications and activities with other
452     state, federal, and local government organizations in order to advance the goals of the Interstate
453     Commission.
454          (4) The executive committee may, subject to the approval of the Interstate
455     Commission, appoint or retain an executive director for such period, upon such terms and
456     conditions and for such compensation, as the Interstate Commission may consider appropriate.
457     The executive director shall serve as secretary to the Interstate Commission, but may not be a
458     member of the Interstate Commission. The executive director shall hire and supervise other
459     persons authorized by the Interstate Commission.
460          (5) The Interstate Commission's executive director and its employees shall be immune
461     from suit and liability, either personally or in their official capacity, for a claim for damage to
462     or loss of property or personal injury or other civil liability caused or arising out of or relating
463     to an actual or alleged act, error, or omission that occurred, or that the person had a reasonable
464     basis for believing occurred, within the scope of Interstate Commission employment, duties, or
465     responsibilities; provided that, the person may not be protected from suit or liability for
466     damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of
467     the person.
468          (a) The liability of the Interstate Commission's executive director and employees or
469     Interstate Commission representatives, acting within the scope of the person's employment or
470     duties for acts, errors, or omissions occurring within the person's state may not exceed the
471     limits of liability set forth under the constitution and laws of that state for state officials,
472     employees, and agents. The Interstate Commission is considered to be an instrumentality of the
473     states for the purposes of any action. Nothing in this Subsection (5)(a) shall be construed to
474     protect a person from suit or liability for damage, loss, injury, or liability caused by the
475     intentional or willful and wanton misconduct of the person.
476          (b) The Interstate Commission shall defend the executive director and its employees
477     and, subject to the approval of the Attorney General or other appropriate legal counsel of the

478     member state represented by an Interstate Commission representative, shall defend the
479     Interstate Commission representative in any civil action seeking to impose liability arising out
480     of an actual or alleged act, error, or omission that occurred within the scope of Interstate
481     Commission employment, duties, or responsibilities, or that the defendant had a reasonable
482     basis for believing occurred within the scope of Interstate Commission employment, duties, or
483     responsibilities; provided that, the actual or alleged act, error, or omission did not result from
484     intentional or willful and wanton misconduct on the part of the person.
485          (c) To the extent not covered by the state involved, the member state, or the Interstate
486     Commission, the representatives or employees of the Interstate Commission shall be held
487     harmless in the amount of a settlement or judgment, including attorney fees and costs, obtained
488     against a person arising out of an actual or alleged act, error, or omission that occurred within
489     the scope of Interstate Commission employment, duties, or responsibilities, or that the person
490     had a reasonable basis for believing occurred within the scope of Interstate Commission
491     employment, duties, or responsibilities; provided that, the actual or alleged act, error, or
492     omission did not result from intentional or willful and wanton misconduct on the part of the
493     person.
494          Section 13. Section 53A-1-1012 is enacted to read:
495          53A-1-1012. Article XII -- Rulemaking -- Authority -- Procedure -- Review --
496     Rejection by Legislature.
497          (1) The Interstate Commission shall promulgate reasonable rules in order to effectively
498     and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the
499     event the Interstate Commission exercises its rulemaking authority in a manner that is beyond
500     the scope of the purposes of this compact, or the powers granted in accordance with this
501     compact, then the action by the Interstate Commission shall be invalid and have no force or
502     effect.
503          (2) Rules shall be made pursuant to a rulemaking process that substantially conforms to
504     the Model State Administrative Procedure Act, of 1981, Uniform Laws Annotated, Vol. 15, p.1
505     (2000) as amended, as may be appropriate to the operations of the Interstate Commission.

506          (3) Not later than 30 days after a rule is promulgated, any person may file a petition for
507     judicial review of the rule; provided that, the filing of a petition may not stay or otherwise
508     prevent the rule from becoming effective unless the court finds that the petitioner has a
509     substantial likelihood of success. The court shall give deference to the actions of the Interstate
510     Commission consistent with applicable law and may not find the rule to be unlawful if the rule
511     represents a reasonable exercise of the Interstate Commission's authority.
512          (4) If a majority of the legislatures of the compacting states rejects a rule by enactment
513     of a statute or resolution in the same manner used to adopt the compact, then the rule shall have
514     no further force and effect in any compacting state.
515          Section 14. Section 53A-1-1013 is enacted to read:
516          53A-1-1013. Article XIII -- Oversight -- Enforcement -- Dispute resolution --
517     Default -- Technical assistance -- Suspension -- Termination.
518          (1) Each member state shall enforce this compact to effectuate the compact's purposes
519     and intent. The provisions of this compact and the rules promulgated in accordance with the
520     compact shall have standing as a rule promulgated under Title 63G, Chapter 3, Utah
521     Administrative Rulemaking Act.
522          (2) All courts shall take judicial notice of the compact and the rules in any judicial or
523     administrative proceeding in a member state pertaining to the subject matter of this compact
524     which may affect the powers, responsibilities, or actions of the Interstate Commission.
525          (3) The Interstate Commission shall be entitled to receive all service of process in any
526     proceeding, and have standing to intervene in the proceeding for all purposes. Failure to
527     provide service of process to the Interstate Commission shall render a judgment or order void
528     as to the Interstate Commission, this compact, or promulgated rules.
529          (4) If the Interstate Commission determines that a member state has defaulted in the
530     performance of its obligations or responsibilities under this compact, or the bylaws or
531     promulgated rules, the Interstate Commission shall:
532          (a) Provide written notice to the defaulting state and other member states, of the nature
533     of the default, the means of curing the default, and any action taken by the Interstate

534     Commission. The Interstate Commission shall specify the conditions by which the defaulting
535     state shall cure its default.
536          (b) Provide remedial training and specific technical assistance regarding the default.
537          (5) If the defaulting state fails to cure the default, the defaulting state shall be
538     terminated from the compact upon an affirmative vote of a majority of the member states and
539     all rights, privileges, and benefits conferred by this compact shall be terminated from the
540     effective date of termination. A cure of the default does not relieve the offending state of
541     obligations or liabilities incurred during the period of the default.
542          (6) Suspension or termination of membership in the compact shall be imposed only
543     after all other means of securing compliance have been exhausted. Notice of intent to suspend
544     or terminate shall be given by the Interstate Commission to the Governor, the majority and
545     minority leaders of the defaulting state's legislature, and each of the member states.
546          (7) The state which has been suspended or terminated is responsible for all
547     assessments, obligations, and liabilities incurred through the effective date of suspension or
548     termination, not to exceed $5,000 per year, as provided in Subsection 53A-1-1014(5), for each
549     year that the state is a member of the compact.
550          (8) The Interstate Commission may not bear any costs relating to any state that has
551     been found to be in default or which has been suspended or terminated from the compact,
552     unless otherwise mutually agreed upon in writing between the Interstate Commission and the
553     defaulting state.
554          (9) The defaulting state may appeal the action of the Interstate Commission by
555     petitioning the U.S. District Court for the District of Columbia or the federal district where the
556     Interstate Commission has its principal offices. The prevailing party shall be awarded all costs
557     of the litigation including reasonable attorney fees.
558          (10) The Interstate Commission shall attempt, upon the request of a member state, to
559     resolve disputes which are subject to the compact and which may arise among member states
560     and between member and non-member states.
561          (11) The Interstate Commission shall promulgate a rule providing for both mediation

562     and binding dispute resolution for disputes as appropriate.
563          Section 15. Section 53A-1-1014 is enacted to read:
564          53A-1-1014. Article XIV -- Financing of the Interstate Commission.
565          (1) The Interstate Commission shall pay or provide for the payment of the reasonable
566     expenses of its establishment, organization, and ongoing activities.
567          (2) In accordance with the funding limit established in Subsection (5), the Interstate
568     Commission may levy and collect an annual assessment from each member state to cover the
569     cost of the operations and activities of the Interstate Commission and its staff which shall be in
570     a total amount sufficient to cover the Interstate Commission's annual budget as approved each
571     year. The aggregate annual assessment amount shall be allocated based upon a formula to be
572     determined by the Interstate Commission, which shall promulgate a rule binding upon all
573     member states.
574          (3) The Interstate Commission may not incur obligations of any kind prior to securing
575     the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of
576     any of the member states, except by and with the authority of the member state.
577          (4) The Interstate Commission shall keep accurate accounts of all receipts and
578     disbursements. The receipts and disbursements of the Interstate Commission shall be subject to
579     the audit and accounting procedures established under its bylaws. However, all receipts and
580     disbursements of funds handled by the Interstate Commission shall be audited yearly by a
581     certified or licensed public accountant and the report of the audit shall be included in and
582     become part of the annual report of the Interstate Commission.
583          (5) The Interstate Commission may not assess, levy, or collect more than $5,000 per
584     year from Utah legislative appropriations. Other funding sources may be accepted and used to
585     offset expenses related to the state's participation in the compact.
586          Section 16. Section 53A-1-1015 is enacted to read:
587          53A-1-1015. Article XV -- Member states -- Effective date -- Amendments.
588          (1) Any state is eligible to become a member state.
589          (2) The compact shall become effective and binding upon legislative enactment of the

590     compact into law by no less than 10 of the states. The effective date shall be no earlier than
591     December 1, 2007. Thereafter it shall become effective and binding as to any other member
592     state upon enactment of the compact into law by that state. The governors of non-member
593     states or their designees shall be invited to participate in the activities of the Interstate
594     Commission on a non-voting basis prior to adoption of the compact by all states.
595          (3) The Interstate Commission may propose amendments to the compact for enactment
596     by the member states. No amendment shall become effective and binding upon the Interstate
597     Commission and the member states unless and until it is enacted into law by unanimous
598     consent of the member states.
599          Section 17. Section 53A-1-1016 is enacted to read:
600          53A-1-1016. Article XVI -- Withdrawal -- Dissolution.
601          (1) Once effective, the compact shall continue in force and remain binding upon each
602     and every member state; provided that, a member state may withdraw from the compact by
603     specifically repealing the statute which enacted the compact into law.
604          (2) Withdrawal from this compact shall be by the enactment of a statute repealing the
605     same.
606          (3) The withdrawing state shall immediately notify the chairperson of the Interstate
607     Commission in writing upon the introduction of legislation repealing this compact in the
608     withdrawing state. The Interstate Commission shall notify the other member states of the
609     withdrawing state's intent to withdraw within 60 days of its receipt of the notification.
610          (4) The withdrawing state is responsible for all assessments, obligations, and liabilities
611     incurred through the effective date of withdrawal, not to exceed $5,000 per year, as provided in
612     Subsection 53A-1-1014(5), for each year that the state is a member of the compact.
613          (5) Reinstatement following withdrawal of a member state shall occur upon the
614     withdrawing state reenacting the compact or upon a later date determined by the Interstate
615     Commission.
616          (6) This compact shall dissolve effective upon the date of the withdrawal or default of
617     a member state which reduces the membership in the compact to one member state.

618          (7) Upon the dissolution of this compact, the compact becomes null and void and shall
619     be of no further force or effect. The business and affairs of the Interstate Commission shall be
620     concluded and surplus funds shall be distributed in accordance with the bylaws.
621          Section 18. Section 53A-1-1017 is enacted to read:
622          53A-1-1017. Article XVII -- Severability -- Construction.
623          (1) The provisions of this compact shall be severable, and if any phrase, clause,
624     sentence, or provision is considered unenforceable, the remaining provisions of the compact
625     shall be enforceable.
626          (2) The provisions of this compact shall be liberally construed to effectuate its
627     purposes.
628          (3) Nothing in this compact shall be construed to prohibit the applicability of other
629     interstate compacts to which the states are members.
630          Section 19. Section 53A-1-1018 is enacted to read:
631          53A-1-1018. Article XVIII -- Binding effect of compact -- Other state laws.
632          (1) Nothing in this compact prevents the enforcement of any other law of a member
633     state.
634          (2) All lawful actions of the Interstate Commission, including all rules and bylaws
635     promulgated by the Interstate Commission, are binding upon the member states.
636          (3) All agreements between the Interstate Commission and the member states are
637     binding in accordance with their terms.
638          (4) In the event any provision of this compact exceeds the statutory or constitutional
639     limits imposed on the legislature of any member state, that provision shall be ineffective to the
640     extent of the conflict with the statutory or constitutional provision in question in that member
641     state.
642          Section 20. Section 53A-1-1019 is enacted to read:
643          53A-1-1019. Creation of State Council on Military Children.
644          (1) There is established a State Council on Military Children, as required in Section
645     53A-1-1008.

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

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

702          (iii) be filed with the State Board of Education.
703          (5) A board may establish, locate, and maintain elementary, secondary, and applied
704     technology schools.
705          (6) Except as provided in Section [53A-1-1001] 53A-1-1004, a board may enroll
706     children in school who are at least five years of age before September 2 of the year in which
707     admission is sought.
708          (7) A board may establish and support school libraries.
709          (8) A board may collect damages for the loss, injury, or destruction of school property.
710          (9) A board may authorize guidance and counseling services for children and their
711     parents or guardians prior to, during, or following enrollment of the children in schools.
712          (10) (a) A board shall administer and implement federal educational programs in
713     accordance with Title 53A, Chapter 1, Part 9, Implementing Federal or National Education
714     Programs Act.
715          (b) Federal funds are not considered funds within the school district budget under Title
716     53A, Chapter 19, Public School Budgets.
717          (11) (a) A board may organize school safety patrols and adopt rules under which the
718     patrols promote student safety.
719          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
720     parental consent for the appointment.
721          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
722     of a highway intended for vehicular traffic use.
723          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
724     safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
725     the program by virtue of the organization, maintenance, or operation of a school safety patrol.
726          (12) (a) A board may on its own behalf, or on behalf of an educational institution for
727     which the board is the direct governing body, accept private grants, loans, gifts, endowments,
728     devises, or bequests that are made for educational purposes.
729          (b) These contributions are not subject to appropriation by the Legislature.

730          (13) (a) A board may appoint and fix the compensation of a compliance officer to issue
731     citations for violations of Subsection 76-10-105(2).
732          (b) A person may not be appointed to serve as a compliance officer without the
733     person's consent.
734          (c) A teacher or student may not be appointed as a compliance officer.
735          (14) A board shall adopt bylaws and rules for its own procedures.
736          (15) (a) A board shall make and enforce rules necessary for the control and
737     management of the district schools.
738          (b) All board rules and policies shall be in writing, filed, and referenced for public
739     access.
740          (16) A board may hold school on legal holidays other than Sundays.
741          (17) (a) Each board shall establish for each school year a school traffic safety
742     committee to implement this Subsection (17).
743          (b) The committee shall be composed of one representative of:
744          (i) the schools within the district;
745          (ii) the Parent Teachers' Association of the schools within the district;
746          (iii) the municipality or county;
747          (iv) state or local law enforcement; and
748          (v) state or local traffic safety engineering.
749          (c) The committee shall:
750          (i) receive suggestions from school community councils, parents, teachers, and others
751     and recommend school traffic safety improvements, boundary changes to enhance safety, and
752     school traffic safety program measures;
753          (ii) review and submit annually to the Department of Transportation and affected
754     municipalities and counties a child access routing plan for each elementary, middle, and junior
755     high school within the district;
756          (iii) consult the Utah Safety Council and the Division of Family Health Services and
757     provide training to all school children in kindergarten through grade six, within the district, on

758     school crossing safety and use; and
759          (iv) help ensure the district's compliance with rules made by the Department of
760     Transportation under Section 41-6a-303.
761          (d) The committee may establish subcommittees as needed to assist in accomplishing
762     its duties under Subsection (17)(c).
763          (18) (a) Each school board shall adopt and implement a comprehensive emergency
764     response plan to prevent and combat violence in its public schools, on school grounds, on its
765     school vehicles, and in connection with school-related activities or events.
766          (b) The plan shall:
767          (i) include prevention, intervention, and response components;
768          (ii) be consistent with the student conduct and discipline policies required for school
769     districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
770          (iii) require inservice training for all district and school building staff on what their
771     roles are in the emergency response plan;
772          (iv) provide for coordination with local law enforcement and other public safety
773     representatives in preventing, intervening, and responding to violence in the areas and activities
774     referred to in Subsection (18)(a); and
775          (v) include procedures to notify a student, to the extent practicable, who is off campus
776     at the time of a school violence emergency because the student is:
777          (A) participating in a school-related activity; or
778          (B) excused from school for a period of time during the regular school day to
779     participate in religious instruction at the request of the student's parent or guardian.
780          (c) The State Board of Education, through the state superintendent of public
781     instruction, shall develop comprehensive emergency response plan models that local school
782     boards may use, where appropriate, to comply with Subsection (18)(a).
783          (d) Each local school board shall, by July 1 of each year, certify to the State Board of
784     Education that its plan has been practiced at the school level and presented to and reviewed by
785     its teachers, administrators, students, and their parents and local law enforcement and public

786     safety representatives.
787          (19) (a) Each local school board may adopt an emergency response plan for the
788     treatment of sports-related injuries that occur during school sports practices and events.
789          (b) The plan may be implemented by each secondary school in the district that has a
790     sports program for students.
791          (c) The plan may:
792          (i) include emergency personnel, emergency communication, and emergency
793     equipment components;
794          (ii) require inservice training on the emergency response plan for school personnel who
795     are involved in sports programs in the district's secondary schools; and
796          (iii) provide for coordination with individuals and agency representatives who:
797          (A) are not employees of the school district; and
798          (B) would be involved in providing emergency services to students injured while
799     participating in sports events.
800          (d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
801     review the plan each year and make revisions when required to improve or enhance the plan.
802          (e) The State Board of Education, through the state superintendent of public
803     instruction, shall provide local school boards with an emergency plan response model that local
804     boards may use to comply with the requirements of this Subsection (19).
805          (20) A board shall do all other things necessary for the maintenance, prosperity, and
806     success of the schools and the promotion of education.
807          (21) (a) Before closing a school or changing the boundaries of a school, a board shall:
808          (i) hold a public hearing, as defined in Section 10-9a-103; and
809          (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
810          (b) The notice of a public hearing required under Subsection (21)(a) shall:
811          (i) indicate the:
812          (A) school or schools under consideration for closure or boundary change; and
813          (B) date, time, and location of the public hearing; and

814          (ii) at least 10 days prior to the public hearing, be:
815          (A) published:
816          (I) in a newspaper of general circulation in the area; and
817          (II) on the Utah Public Notice Website created in Section 63F-1-701; and
818          (B) posted in at least three public locations within the municipality or on the district's
819     official website.
820          (22) A board may implement a facility energy efficiency program established under
821     Title 11, Chapter 44, Performance Efficiency Act.
822          Section 23. Section 53A-11-302 is amended to read:
823          53A-11-302. Immunizations required -- Exceptions -- Grounds for exemption
824     from required immunizations.
825          (1) A student may not enter school without a certificate of immunization, except as
826     provided in this section.
827          (2) Except as provided in Section [53A-1-1001] 53A-1-1004, a student who at the time
828     of school enrollment has not been completely immunized against each specified disease may
829     attend school under a conditional enrollment if the student has received one dose of each
830     specified vaccine prior to enrollment.
831          (3) A student is exempt from receiving the required immunizations if there is presented
832     to the appropriate official of the school one or more of the following:
833          (a) a certificate from a licensed physician stating that due to the physical condition of
834     the student one or more specified immunizations would endanger the student's life or health;
835          (b) A completed form obtained at the local health department where the student
836     resides, providing:
837          (i) the information required under Subsection 53A-11-302.5(1); and
838          (ii) a statement that the person has a personal belief opposed to immunizations, which
839     is signed by one of the individuals listed in Subsection 53A-11-302(3)(c) and witnessed by the
840     local health officer or his designee; or
841          (c) a statement that the person is a bona fide member of a specified, recognized

842     religious organization whose teachings are contrary to immunizations, signed by one of the
843     following persons:
844          (i) one of the student's parents;
845          (ii) the student's guardian;
846          (iii) a legal age brother or sister of a student who has no parent or guardian; or
847          (iv) the student, if of legal age.
848          Section 24. Section 53A-11-504 is amended to read:
849          53A-11-504. Requirement of school record for transfer of student -- Procedures.
850          (1) Except as provided in Section [53A-1-1001] 53A-1-1004, a school shall request a
851     certified copy of a transfer student's record, directly from the transfer student's previous school,
852     within 14 days after enrolling the transfer student.
853          (2) (a) Except as provided in Subsection (2)(b) and Section [53A-1-1001] 53A-1-1004,
854     a school requested to forward a certified copy of a transferring student's record to the new
855     school shall comply within 30 school days of the request.
856          (b) If the record has been flagged pursuant to Section 53A-11-502, a school may not
857     forward the record to the new school and the requested school shall notify the division of the
858     request.