8 LONG TITLE
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:
19 Other Special Clauses:
21 Utah Code Sections Affected:
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
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
45 REPEALS AND REENACTS:
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:
53 53A-1-1000. Title -- Interstate Compact on Educational Opportunity for Military
55 This part is known as the "Interstate Compact on Educational Opportunity for Military
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 Section 53A-1-1001 is repealed and reenacted to read: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
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
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
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;
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
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
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
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;
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 [
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
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 [
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 [
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 [
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