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3
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8 LONG TITLE
9 Committee Note:
10 The Education Interim Committee recommended this bill.
11 General Description:
12 This bill reorganizes and renumbers certain provisions of the public education code
13 related to statewide administration of the public education system.
14 Highlighted Provisions:
15 This bill:
16 ▸ reorganizes and renumbers certain provisions of the public education code related to
17 statewide administration of the public education system;
18 ▸ defines terms;
19 ▸ enacts provisions related to public education for organizational purposes;
20 ▸ reenacts provisions related to public education for organizational purposes;
21 ▸ repeals provisions related to public education for organizational purposes; and
22 ▸ makes technical and conforming changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 This bill provides a special effective date.
27 This bill provides revisor instructions.
28 Utah Code Sections Affected:
29 ENACTS:
30 53E-1-101, Utah Code Annotated 1953
31 53E-1-102, Utah Code Annotated 1953
32 53E-1-103, Utah Code Annotated 1953
33 53E-1-201, Utah Code Annotated 1953
34 53E-2-101, Utah Code Annotated 1953
35 53E-3-101, Utah Code Annotated 1953
36 53E-3-601, Utah Code Annotated 1953
37 53E-3-701, Utah Code Annotated 1953
38 53E-4-101, Utah Code Annotated 1953
39 53E-4-201, Utah Code Annotated 1953
40 53E-4-401, Utah Code Annotated 1953
41 53E-5-101, Utah Code Annotated 1953
42 53E-6-101, Utah Code Annotated 1953
43 53E-7-101, Utah Code Annotated 1953
44 53E-7-201, Utah Code Annotated 1953
45 53E-8-101, Utah Code Annotated 1953
46 53E-9-101, Utah Code Annotated 1953
47 53E-9-201, Utah Code Annotated 1953
48 53E-10-101, Utah Code Annotated 1953
49 53E-10-201, Utah Code Annotated 1953
50 53E-10-306, Utah Code Annotated 1953
51 53E-10-407, Utah Code Annotated 1953
52 RENUMBERS AND AMENDS:
53 53B-17-1001, (Renumbered from 53A-3-402.10, as last amended by Laws of Utah
54 2014, Chapter 390)
55 53E-2-201, (Renumbered from 53A-1-101, as repealed and reenacted by Laws of Utah
56 2015, Chapter 415)
57 53E-2-202, (Renumbered from 53A-1-102.5, as enacted by Laws of Utah 2015,
58 Chapter 415)
59 53E-2-301, (Renumbered from 53A-1a-103, as last amended by Laws of Utah 2015,
60 Chapter 415)
61 53E-2-302, (Renumbered from 53A-1a-104, as last amended by Laws of Utah 2015,
62 Chapter 415)
63 53E-2-303, (Renumbered from 53A-1a-105, as last amended by Laws of Utah 2000,
64 Chapter 59)
65 53E-2-304, (Renumbered from 53A-1a-106, as last amended by Laws of Utah 2017,
66 Chapters 173, 378, and 444)
67 53E-3-201, (Renumbered from 53A-1-201, as last amended by Laws of Utah 2015,
68 Chapter 415)
69 53E-3-202, (Renumbered from 53A-1-202, as last amended by Laws of Utah 2016,
70 Chapters 61 and 144)
71 53E-3-203, (Renumbered from 53A-1-203, as last amended by Laws of Utah 2017,
72 Chapter 382)
73 53E-3-204, (Renumbered from 53A-1-204, as enacted by Laws of Utah 1988, Chapter
74 2)
75 53E-3-301, (Renumbered from 53A-1-301, as last amended by Laws of Utah 2017,
76 Chapters 372 and 378)
77 53E-3-302, (Renumbered from 53A-1-302, as last amended by Laws of Utah 2016,
78 Chapter 144)
79 53E-3-303, (Renumbered from 53A-1-303, as enacted by Laws of Utah 1988, Chapter
80 2)
81 53E-3-401, (Renumbered from 53A-1-401, as last amended by Laws of Utah 2016,
82 Chapter 232)
83 53E-3-402, (Renumbered from 53A-1-406, as enacted by Laws of Utah 1988, Chapter
84 2)
85 53E-3-403, (Renumbered from 53A-4-205, as last amended by Laws of Utah 2011,
86 Chapters 280 and 342)
87 53E-3-501, (Renumbered from 53A-1-402, as last amended by Laws of Utah 2017,
88 Chapter 382)
89 53E-3-502, (Renumbered from 53A-1a-107, as last amended by Laws of Utah 2015,
90 Chapter 415)
91 53E-3-503, (Renumbered from 53A-1-403, as last amended by Laws of Utah 2017,
92 Chapter 330)
93 53E-3-504, (Renumbered from 53A-1-801, as last amended by Laws of Utah 2002,
94 Chapter 210)
95 53E-3-505, (Renumbered from 53A-13-110, as last amended by Laws of Utah 2017,
96 Chapter 333)
97 53E-3-506, (Renumbered from 53A-13-111, as last amended by Laws of Utah 2015,
98 Chapter 415)
99 53E-3-507, (Renumbered from 53A-15-202, as last amended by Laws of Utah 2017,
100 Chapter 382)
101 53E-3-508, (Renumbered from 53A-15-107, as enacted by Laws of Utah 2016, Chapter
102 343)
103 53E-3-509, (Renumbered from 53A-15-603, as last amended by Laws of Utah 2015,
104 Chapter 258)
105 53E-3-510, (Renumbered from 53A-19-201, as enacted by Laws of Utah 1988, Chapter
106 2)
107 53E-3-511, (Renumbered from 53A-1-413, as last amended by Laws of Utah 2017,
108 Chapter 378 and further amended by Revisor Instructions, Laws of Utah 2017,
109 Chapter 378)
110 53E-3-512, (Renumbered from 53A-1-402.5, as last amended by Laws of Utah 2008,
111 Chapter 382)
112 53E-3-513, (Renumbered from 53A-1a-105.5, as last amended by Laws of Utah 2008,
113 Chapter 3)
114 53E-3-514, (Renumbered from 53A-16-101.6, as last amended by Laws of Utah 2016,
115 Chapters 144 and 172)
116 53E-3-515, (Renumbered from 53A-15-206, as enacted by Laws of Utah 2017, Chapter
117 166)
118 53E-3-602, (Renumbered from 53A-1-404, as enacted by Laws of Utah 1988, Chapter
119 2)
120 53E-3-603, (Renumbered from 53A-1-405, as enacted by Laws of Utah 1988, Chapter
121 2)
122 53E-3-702, (Renumbered from 53A-20-110, as enacted by Laws of Utah 2014, Chapter
123 309)
124 53E-3-703, (Renumbered from 53A-20-101, as last amended by Laws of Utah 2017,
125 Chapter 187)
126 53E-3-704, (Renumbered from 53A-20-101.5, as enacted by Laws of Utah 2000,
127 Chapter 21)
128 53E-3-705, (Renumbered from 53A-20-103, as last amended by Laws of Utah 2014,
129 Chapter 64)
130 53E-3-706, (Renumbered from 53A-20-104, as last amended by Laws of Utah 2016,
131 Chapter 144)
132 53E-3-707, (Renumbered from 53A-20-104.5, as last amended by Laws of Utah 2014,
133 Chapter 309)
134 53E-3-708, (Renumbered from 53A-20-105, as enacted by Laws of Utah 1988, Chapter
135 2)
136 53E-3-709, (Renumbered from 53A-20-106, as enacted by Laws of Utah 1988, Chapter
137 2)
138 53E-3-710, (Renumbered from 53A-20-108, as last amended by Laws of Utah 2016,
139 Chapter 334)
140 53E-3-711, (Renumbered from 53A-20-109, as enacted by Laws of Utah 2012, Chapter
141 330)
142 53E-3-801, (Renumbered from 53A-1-902, as last amended by Laws of Utah 2015,
143 Chapter 415)
144 53E-3-802, (Renumbered from 53A-1-903, as last amended by Laws of Utah 2017,
145 Chapter 473)
146 53E-3-803, (Renumbered from 53A-1-905, as last amended by Laws of Utah 2015,
147 Chapter 415)
148 53E-3-804, (Renumbered from 53A-1-906, as last amended by Laws of Utah 2015,
149 Chapter 415)
150 53E-3-805, (Renumbered from 53A-1-907, as last amended by Laws of Utah 2015,
151 Chapter 415)
152 53E-3-806, (Renumbered from 53A-1-908, as last amended by Laws of Utah 2015,
153 Chapter 415)
154 53E-3-901, (Renumbered from 53A-1-1000, as enacted by Laws of Utah 2017, Chapter
155 278)
156 53E-3-902, (Renumbered from 53A-1-1001, as repealed and reenacted by Laws of Utah
157 2017, Chapter 278)
158 53E-3-903, (Renumbered from 53A-1-1002, as repealed and reenacted by Laws of Utah
159 2017, Chapter 278)
160 53E-3-904, (Renumbered from 53A-1-1003, as repealed and reenacted by Laws of Utah
161 2017, Chapter 278)
162 53E-3-905, (Renumbered from 53A-1-1004, as enacted by Laws of Utah 2017, Chapter
163 278)
164 53E-3-906, (Renumbered from 53A-1-1005, as enacted by Laws of Utah 2017, Chapter
165 278)
166 53E-3-907, (Renumbered from 53A-1-1006, as enacted by Laws of Utah 2017, Chapter
167 278)
168 53E-3-908, (Renumbered from 53A-1-1007, as enacted by Laws of Utah 2017, Chapter
169 278)
170 53E-3-909, (Renumbered from 53A-1-1008, as enacted by Laws of Utah 2017, Chapter
171 278)
172 53E-3-910, (Renumbered from 53A-1-1009, as enacted by Laws of Utah 2017, Chapter
173 278)
174 53E-3-911, (Renumbered from 53A-1-1010, as enacted by Laws of Utah 2017, Chapter
175 278)
176 53E-3-912, (Renumbered from 53A-1-1011, as enacted by Laws of Utah 2017, Chapter
177 278)
178 53E-3-913, (Renumbered from 53A-1-1012, as enacted by Laws of Utah 2017, Chapter
179 278)
180 53E-3-914, (Renumbered from 53A-1-1013, as enacted by Laws of Utah 2017, Chapter
181 278)
182 53E-3-915, (Renumbered from 53A-1-1014, as enacted by Laws of Utah 2017, Chapter
183 278)
184 53E-3-916, (Renumbered from 53A-1-1015, as enacted by Laws of Utah 2017, Chapter
185 278)
186 53E-3-917, (Renumbered from 53A-1-1016, as enacted by Laws of Utah 2017, Chapter
187 278)
188 53E-3-918, (Renumbered from 53A-1-1017, as enacted by Laws of Utah 2017, Chapter
189 278)
190 53E-3-919, (Renumbered from 53A-1-1018, as enacted by Laws of Utah 2017, Chapter
191 278)
192 53E-3-920, (Renumbered from 53A-1-1019, as enacted by Laws of Utah 2017, Chapter
193 278)
194 53E-3-921, (Renumbered from 53A-1-1020, as enacted by Laws of Utah 2017, Chapter
195 278)
196 53E-4-202, (Renumbered from 53A-1-402.6, as last amended by Laws of Utah 2017,
197 Chapter 378)
198 53E-4-203, (Renumbered from 53A-1-402.8, as last amended by Laws of Utah 2015,
199 Chapter 415)
200 53E-4-204, (Renumbered from 53A-13-108, as last amended by Laws of Utah 2015,
201 Chapter 415)
202 53E-4-205, (Renumbered from 53A-13-109.5, as enacted by Laws of Utah 2015,
203 Chapter 316)
204 53E-4-206, (Renumbered from 53A-1-1302, as last amended by Laws of Utah 2017,
205 Chapter 214)
206 53E-4-301, (Renumbered from 53A-1-602, as last amended by Laws of Utah 2017,
207 Chapter 378)
208 53E-4-301.5, (Renumbered from 53A-1-601, as last amended by Laws of Utah 2017,
209 Chapter 378)
210 53E-4-302, (Renumbered from 53A-1-603, as repealed and reenacted by Laws of Utah
211 2017, Chapter 378)
212 53E-4-303, (Renumbered from 53A-1-604, as repealed and reenacted by Laws of Utah
213 2017, Chapter 378)
214 53E-4-304, (Renumbered from 53A-1-611.5, as enacted by Laws of Utah 2017,
215 Chapter 378)
216 53E-4-305, (Renumbered from 53A-1-611, as last amended by Laws of Utah 2017,
217 Chapter 378)
218 53E-4-306, (Renumbered from 53A-1-606.5, as last amended by Laws of Utah 2016,
219 Chapter 220)
220 53E-4-307, (Renumbered from 53A-1-606.6, as last amended by Laws of Utah 2013,
221 Chapter 466)
222 53E-4-308, (Renumbered from 53A-1-603.5, as last amended by Laws of Utah 2017,
223 Chapter 378)
224 53E-4-309, (Renumbered from 53A-1-610, as last amended by Laws of Utah 2017,
225 Chapter 378)
226 53E-4-310, (Renumbered from 53A-1-607, as last amended by Laws of Utah 2017,
227 Chapter 378)
228 53E-4-311, (Renumbered from 53A-1-605, as last amended by Laws of Utah 2017,
229 Chapter 378)
230 53E-4-312, (Renumbered from 53A-1-608, as last amended by Laws of Utah 2017,
231 Chapter 378)
232 53E-4-313, (Renumbered from 53A-1-609, as last amended by Laws of Utah 2013,
233 Chapter 161)
234 53E-4-402, (Renumbered from 53A-14-101, as last amended by Laws of Utah 2002,
235 Chapter 299)
236 53E-4-403, (Renumbered from 53A-14-102, as last amended by Laws of Utah 2015,
237 Chapter 415)
238 53E-4-404, (Renumbered from 53A-14-103, as last amended by Laws of Utah 2006,
239 Chapter 14)
240 53E-4-405, (Renumbered from 53A-14-104, as last amended by Laws of Utah 2001,
241 Chapter 84)
242 53E-4-406, (Renumbered from 53A-14-105, as last amended by Laws of Utah 2001,
243 Chapter 84)
244 53E-4-407, (Renumbered from 53A-14-106, as last amended by Laws of Utah 2001,
245 Chapter 84)
246 53E-4-408, (Renumbered from 53A-14-107, as last amended by Laws of Utah 2016,
247 Chapter 144)
248 53E-5-201, (Renumbered from 53A-1-1102, as repealed and reenacted by Laws of Utah
249 2017, Chapter 378)
250 53E-5-202, (Renumbered from 53A-1-1103, as repealed and reenacted by Laws of Utah
251 2017, Chapter 378)
252 53E-5-203, (Renumbered from 53A-1-1104, as repealed and reenacted by Laws of Utah
253 2017, Chapter 378)
254 53E-5-204, (Renumbered from 53A-1-1105, as repealed and reenacted by Laws of Utah
255 2017, Chapter 378)
256 53E-5-205, (Renumbered from 53A-1-1106, as repealed and reenacted by Laws of Utah
257 2017, Chapter 378)
258 53E-5-206, (Renumbered from 53A-1-1107, as repealed and reenacted by Laws of Utah
259 2017, Chapter 378)
260 53E-5-207, (Renumbered from 53A-1-1108, as repealed and reenacted by Laws of Utah
261 2017, Chapter 378)
262 53E-5-208, (Renumbered from 53A-1-1109, as repealed and reenacted by Laws of Utah
263 2017, Chapter 378)
264 53E-5-209, (Renumbered from 53A-1-1110, as repealed and reenacted by Laws of Utah
265 2017, Chapter 378)
266 53E-5-210, (Renumbered from 53A-1-1111, as repealed and reenacted by Laws of Utah
267 2017, Chapter 378)
268 53E-5-211, (Renumbered from 53A-1-1112, as repealed and reenacted by Laws of Utah
269 2017, Chapter 378)
270 53E-5-301, (Renumbered from 53A-1-1202, as last amended by Laws of Utah 2017,
271 Chapters 378, 381 and last amended by Coordination Clause, Laws of Utah 2017,
272 Chapter 381)
273 53E-5-302, (Renumbered from 53A-1-1203, as last amended by Laws of Utah 2017,
274 Chapters 378, 381 and last amended by Coordination Clause, Laws of Utah 2017,
275 Chapter 381)
276 53E-5-303, (Renumbered from 53A-1-1204, as last amended by Laws of Utah 2017,
277 Chapter 381)
278 53E-5-304, (Renumbered from 53A-1-1205, as last amended by Laws of Utah 2017,
279 Chapter 381)
280 53E-5-305, (Renumbered from 53A-1-1206, as last amended by Laws of Utah 2017,
281 Chapters 378 and 381)
282 53E-5-306, (Renumbered from 53A-1-1207, as last amended by Laws of Utah 2017,
283 Chapters 378, 381 and last amended by Coordination Clause, Laws of Utah 2017,
284 Chapter 381)
285 53E-5-307, (Renumbered from 53A-1-1208, as last amended by Laws of Utah 2017,
286 Chapter 381)
287 53E-5-308, (Renumbered from 53A-1-1208.1, as enacted by Laws of Utah 2017,
288 Chapter 381)
289 53E-5-309, (Renumbered from 53A-1-1209, as last amended by Laws of Utah 2017,
290 Chapter 378)
291 53E-5-310, (Renumbered from 53A-1-1210, as enacted by Laws of Utah 2015, Chapter
292 449)
293 53E-5-311, (Renumbered from 53A-1-1211, as enacted by Laws of Utah 2016, Chapter
294 331)
295 53E-6-102, (Renumbered from 53A-6-103, as last amended by Laws of Utah 2016,
296 Chapter 144)
297 53E-6-103, (Renumbered from 53A-6-102, as last amended by Laws of Utah 2013,
298 Chapter 49)
299 53E-6-201, (Renumbered from 53A-6-104, as last amended by Laws of Utah 2003,
300 Chapter 315)
301 53E-6-202 (Effective 07/01/18), (Renumbered from 53A-6-104.1 (Effective 07/01/18),
302 as last amended by Laws of Utah 2017, Chapter 472)
303 53E-6-202 (Superseded 07/01/18), (Renumbered from 53A-6-104.1 (Superseded
304 07/01/18), as last amended by Laws of Utah 2015, Chapter 389)
305 53E-6-203, (Renumbered from 53A-6-111, as enacted by Laws of Utah 2004, Chapter
306 46)
307 53E-6-301, (Renumbered from 53A-6-106, as repealed and reenacted by Laws of Utah
308 1999, Chapter 108)
309 53E-6-302, (Renumbered from 53A-6-107, as last amended by Laws of Utah 2016,
310 Chapter 239)
311 53E-6-303, (Renumbered from 53A-6-108, as repealed and reenacted by Laws of Utah
312 1999, Chapter 108)
313 53E-6-304, (Renumbered from 53A-6-110, as last amended by Laws of Utah 2016,
314 Chapter 144)
315 53E-6-305, (Renumbered from 53A-6-113, as enacted by Laws of Utah 2014, Chapter
316 417)
317 53E-6-306, (Renumbered from 53A-6-104.5, as last amended by Laws of Utah 2016,
318 Chapter 144)
319 53E-6-307, (Renumbered from 53A-6-404, as last amended by Laws of Utah 2016,
320 Chapter 144)
321 53E-6-401, (Renumbered from 53A-6-401, as repealed and reenacted by Laws of Utah
322 2015, Chapter 389)
323 53E-6-402, (Renumbered from 53A-6-402, as last amended by Laws of Utah 2016,
324 Chapter 199)
325 53E-6-403, (Renumbered from 53A-6-403, as last amended by Laws of Utah 2016,
326 Chapter 144)
327 53E-6-501, (Renumbered from 53A-6-301, as repealed and reenacted by Laws of Utah
328 1999, Chapter 108)
329 53E-6-502, (Renumbered from 53A-6-302, as last amended by Laws of Utah 2016,
330 Chapter 144)
331 53E-6-503, (Renumbered from 53A-6-303, as enacted by Laws of Utah 1999, Chapter
332 108)
333 53E-6-504, (Renumbered from 53A-6-304, as enacted by Laws of Utah 1999, Chapter
334 108)
335 53E-6-505 (Effective 07/01/18), (Renumbered from 53A-6-305 (Effective 07/01/18),
336 as last amended by Laws of Utah 2017, Chapter 472)
337 53E-6-505 (Superseded 07/01/18), (Renumbered from 53A-6-305 (Superseded
338 07/01/18), as enacted by Laws of Utah 1999, Chapter 108)
339 53E-6-506, (Renumbered from 53A-6-306, as last amended by Laws of Utah 2015,
340 Chapter 389 and repealed and reenacted by Laws of Utah 2015, Chapter 311 and
341 last amended by Coordination Clause, Laws of Utah 2015, Chapter 311)
342 53E-6-601, (Renumbered from 53A-6-601, as enacted by Laws of Utah 1999, Chapter
343 108)
344 53E-6-602, (Renumbered from 53A-6-307, as repealed and reenacted by Laws of Utah
345 2015, Chapter 311)
346 53E-6-603, (Renumbered from 53A-6-405, as repealed and reenacted by Laws of Utah
347 2015, Chapter 311)
348 53E-6-604, (Renumbered from 53A-6-501, as repealed and reenacted by Laws of Utah
349 2015, Chapter 311)
350 53E-6-605, (Renumbered from 53A-6-602, as enacted by Laws of Utah 1999, Chapter
351 108)
352 53E-6-606, (Renumbered from 53A-6-603, as enacted by Laws of Utah 1999, Chapter
353 108)
354 53E-6-607, (Renumbered from 53A-6-604, as last amended by Laws of Utah 2015,
355 Chapter 311)
356 53E-6-701, (Renumbered from 53A-6-502, as last amended by Laws of Utah 2015,
357 Chapter 311)
358 53E-6-702, (Renumbered from 53A-6-503, as last amended by Laws of Utah 2008,
359 Chapter 382)
360 53E-6-703, (Renumbered from 53A-3-421, as enacted by Laws of Utah 1999, Chapter
361 108)
362 53E-6-801, (Renumbered from 53A-7-101, as last amended by Laws of Utah 2000,
363 Chapter 224)
364 53E-6-802, (Renumbered from 53A-7-102, as repealed and reenacted by Laws of Utah
365 1999, Chapter 108)
366 53E-6-901, (Renumbered from 53A-6-109, as last amended by Laws of Utah 2015,
367 Chapter 389)
368 53E-6-902, (Renumbered from 53A-6-115, as enacted by Laws of Utah 2016, Chapter
369 328)
370 53E-6-903, (Renumbered from 53A-6-116, as enacted by Laws of Utah 2016, Chapter
371 27)
372 53E-6-1001, (Renumbered from 53A-6-201, as enacted by Laws of Utah 1988, Chapter
373 2)
374 53E-6-1002, (Renumbered from 53A-6-202, as enacted by Laws of Utah 1988, Chapter
375 2)
376 53E-6-1003, (Renumbered from 53A-6-203, as enacted by Laws of Utah 1988, Chapter
377 2)
378 53E-6-1004, (Renumbered from 53A-6-204, as enacted by Laws of Utah 1988, Chapter
379 2)
380 53E-6-1005, (Renumbered from 53A-6-205, as enacted by Laws of Utah 1988, Chapter
381 2)
382 53E-6-1006, (Renumbered from 53A-6-206, as enacted by Laws of Utah 1988, Chapter
383 2)
384 53E-6-1007, (Renumbered from 53A-6-207, as enacted by Laws of Utah 1988, Chapter
385 2)
386 53E-6-1008, (Renumbered from 53A-6-208, as enacted by Laws of Utah 1988, Chapter
387 2)
388 53E-6-1009, (Renumbered from 53A-6-209, as enacted by Laws of Utah 1988, Chapter
389 2)
390 53E-6-1010, (Renumbered from 53A-6-210, as enacted by Laws of Utah 1988, Chapter
391 2)
392 53E-6-1011, (Renumbered from 53A-6-211, as enacted by Laws of Utah 1988, Chapter
393 2)
394 53E-7-202, (Renumbered from 53A-15-301, as last amended by Laws of Utah 2002,
395 Chapter 82)
396 53E-7-203, (Renumbered from 53A-15-302, as last amended by Laws of Utah 1992,
397 Chapter 53)
398 53E-7-204, (Renumbered from 53A-15-303, as last amended by Laws of Utah 2002,
399 Chapter 82)
400 53E-7-205, (Renumbered from 53A-15-303.5, as last amended by Laws of Utah 2000,
401 Chapter 215)
402 53E-7-206, (Renumbered from 53A-15-304, as last amended by Laws of Utah 1992,
403 Chapter 53)
404 53E-7-207, (Renumbered from 53A-15-304.5, as enacted by Laws of Utah 1996,
405 Chapter 318)
406 53E-7-208, (Renumbered from 53A-15-305, as last amended by Laws of Utah 2001,
407 Chapter 9)
408 53E-7-301, (Renumbered from 53A-25a-102, as last amended by Laws of Utah 2014,
409 Chapter 189)
410 53E-7-302, (Renumbered from 53A-25a-103, as enacted by Laws of Utah 1994,
411 Chapter 280)
412 53E-7-303, (Renumbered from 53A-25a-104, as enacted by Laws of Utah 1994,
413 Chapter 280)
414 53E-7-304, (Renumbered from 53A-25a-105, as last amended by Laws of Utah 2009,
415 Chapter 294)
416 53E-7-305, (Renumbered from 53A-25a-106, as last amended by Laws of Utah 2000,
417 Chapter 224)
418 53E-8-102, (Renumbered from 53A-25b-102, as last amended by Laws of Utah 2017,
419 Chapter 43)
420 53E-8-201, (Renumbered from 53A-25b-103, as enacted by Laws of Utah 2009,
421 Chapter 294)
422 53E-8-202, (Renumbered from 53A-25b-104, as enacted by Laws of Utah 2009,
423 Chapter 294)
424 53E-8-203, (Renumbered from 53A-25b-105, as last amended by Laws of Utah 2012,
425 Chapter 347)
426 53E-8-204, (Renumbered from 53A-25b-201, as last amended by Laws of Utah 2016,
427 Chapter 188)
428 53E-8-301, (Renumbered from 53A-25b-401, as enacted by Laws of Utah 2009,
429 Chapter 294)
430 53E-8-302, (Renumbered from 53A-25b-402, as enacted by Laws of Utah 2009,
431 Chapter 294)
432 53E-8-401, (Renumbered from 53A-25b-301, as last amended by Laws of Utah 2017,
433 Chapter 351)
434 53E-8-402, (Renumbered from 53A-25b-302, as enacted by Laws of Utah 2009,
435 Chapter 294)
436 53E-8-403, (Renumbered from 53A-25b-303, as enacted by Laws of Utah 2009,
437 Chapter 294)
438 53E-8-404, (Renumbered from 53A-25b-304, as last amended by Laws of Utah 2017,
439 Chapter 378)
440 53E-8-405, (Renumbered from 53A-25b-305, as enacted by Laws of Utah 2009,
441 Chapter 294)
442 53E-8-406, (Renumbered from 53A-25b-306, as last amended by Laws of Utah 2016,
443 Chapter 144)
444 53E-8-407, (Renumbered from 53A-25b-307, as last amended by Laws of Utah 2017,
445 Chapter 43)
446 53E-8-408, (Renumbered from 53A-25b-308, as enacted by Laws of Utah 2017,
447 Chapter 351)
448 53E-8-409, (Renumbered from 53A-25b-501, as last amended by Laws of Utah 2016,
449 Chapter 144)
450 53E-8-410, (Renumbered from 53A-17a-111.5, as last amended by Laws of Utah 2017,
451 Chapter 173)
452 53E-9-202, (Renumbered from 53A-13-301, as last amended by Laws of Utah 2017,
453 Chapter 30)
454 53E-9-203, (Renumbered from 53A-13-302, as last amended by Laws of Utah 2016,
455 Chapter 221)
456 53E-9-204, (Renumbered from 53A-13-303, as enacted by Laws of Utah 2017, Chapter
457 30)
458 53E-9-301, (Renumbered from 53A-1-1402, as last amended by Laws of Utah 2017,
459 Chapter 370)
460 53E-9-302, (Renumbered from 53A-1-1403, as last amended by Laws of Utah 2017,
461 Chapter 181)
462 53E-9-303, (Renumbered from 53A-1-1404, as enacted by Laws of Utah 2016, Chapter
463 221)
464 53E-9-304, (Renumbered from 53A-1-1405, as enacted by Laws of Utah 2016, Chapter
465 221)
466 53E-9-305, (Renumbered from 53A-1-1406, as last amended by Laws of Utah 2017,
467 Chapter 370)
468 53E-9-306, (Renumbered from 53A-1-1407, as enacted by Laws of Utah 2016, Chapter
469 221)
470 53E-9-307, (Renumbered from 53A-1-1408, as enacted by Laws of Utah 2016, Chapter
471 221)
472 53E-9-308, (Renumbered from 53A-1-1409, as enacted by Laws of Utah 2016, Chapter
473 221)
474 53E-9-309, (Renumbered from 53A-1-1410, as last amended by Laws of Utah 2017,
475 Chapter 370)
476 53E-9-310, (Renumbered from 53A-1-1411, as enacted by Laws of Utah 2016, Chapter
477 221)
478 53E-10-202, (Renumbered from 53A-15-401, as last amended by Laws of Utah 2004,
479 Chapter 257)
480 53E-10-203, (Renumbered from 53A-15-402, as enacted by Laws of Utah 1988,
481 Chapter 2)
482 53E-10-204, (Renumbered from 53A-15-403, as last amended by Laws of Utah 2004,
483 Chapter 257)
484 53E-10-205, (Renumbered from 53A-15-404, as last amended by Laws of Utah 1996,
485 Chapter 318)
486 53E-10-206, (Renumbered from 53A-15-405, as enacted by Laws of Utah 1988,
487 Chapter 2)
488 53E-10-301, (Renumbered from 53A-15-1702, as last amended by Laws of Utah 2017,
489 Chapter 444)
490 53E-10-302, (Renumbered from 53A-15-1703, as enacted by Laws of Utah 2016,
491 Chapter 200 and last amended by Coordination Clause, Laws of Utah 2016, Chapter
492 76)
493 53E-10-303, (Renumbered from 53A-15-1704, as enacted by Laws of Utah 2016,
494 Chapter 200)
495 53E-10-304, (Renumbered from 53A-15-1705, as enacted by Laws of Utah 2016,
496 Chapter 200)
497 53E-10-305, (Renumbered from 53A-15-1706, as enacted by Laws of Utah 2016,
498 Chapter 200)
499 53E-10-307, (Renumbered from 53A-15-1708, as enacted by Laws of Utah 2016,
500 Chapter 200 and last amended by Coordination Clause, Laws of Utah 2016, Chapter
501 76)
502 53E-10-308, (Renumbered from 53A-15-1709, as enacted by Laws of Utah 2016,
503 Chapter 200)
504 53E-10-401, (Renumbered from 53A-31-102, as enacted by Laws of Utah 2015,
505 Chapter 53)
506 53E-10-402, (Renumbered from 53A-31-201, as enacted by Laws of Utah 2015,
507 Chapter 53)
508 53E-10-403, (Renumbered from 53A-31-202, as enacted by Laws of Utah 2015,
509 Chapter 53)
510 53E-10-404, (Renumbered from 53A-31-203, as enacted by Laws of Utah 2015,
511 Chapter 53)
512 53E-10-405, (Renumbered from 53A-31-301, as enacted by Laws of Utah 2015,
513 Chapter 53)
514 53E-10-406, (Renumbered from 53A-31-302, as enacted by Laws of Utah 2015,
515 Chapter 53)
516 53E-10-501, (Renumbered from 53A-11-1502, as last amended by Laws of Utah 2015,
517 Chapter 442)
518 53E-10-502, (Renumbered from 53A-11-1503, as repealed and reenacted by Laws of
519 Utah 2015, Chapter 442)
520 53E-10-503, (Renumbered from 53A-11-1504, as last amended by Laws of Utah 2015,
521 Chapter 442)
522 53E-10-504, (Renumbered from 53A-11-1505, as last amended by Laws of Utah 2015,
523 Chapter 442)
524 53E-10-505, (Renumbered from 53A-11-1506, as enacted by Laws of Utah 2015,
525 Chapter 442)
526 53E-10-601, (Renumbered from 53A-15-1002, as last amended by Laws of Utah 2012,
527 Chapter 238)
528 53E-10-602, (Renumbered from 53A-15-1002.5, as last amended by Laws of Utah
529 2015, Chapter 415)
530 53E-10-603, (Renumbered from 53A-15-1003, as last amended by Laws of Utah 2015,
531 Chapter 415)
532 53E-10-604, (Renumbered from 53A-15-1004, as enacted by Laws of Utah 2006,
533 Chapter 227)
534 53E-10-605, (Renumbered from 53A-15-1005, as enacted by Laws of Utah 2006,
535 Chapter 227)
536 53E-10-606, (Renumbered from 53A-15-1006, as last amended by Laws of Utah 2012,
537 Chapter 238)
538 53E-10-607, (Renumbered from 53A-15-1007, as enacted by Laws of Utah 2006,
539 Chapter 227)
540 53E-10-608, (Renumbered from 53A-15-1008, as enacted by Laws of Utah 2012,
541 Chapter 238)
542 53E-10-609, (Renumbered from 53A-17a-131.15, as last amended by Laws of Utah
543 2010, Chapter 3)
544
545 Be it enacted by the Legislature of the state of Utah:
546 Section 1. Section 53B-17-1001, which is renumbered from Section 53A-3-402.10 is
547 renumbered and amended to read:
548
549 [
550 (1) The Legislature recognizes the critical importance of identifying, assessing, and
551 assisting students with reading difficulties at an early age in order for them to have successful
552 and productive school and life experiences.
553 (2) In order to help accomplish this, there is established a reading clinic, hereafter
554 referred to as the "clinic," based at the University of Utah, College of Education, to assist
555 educators and parents of students statewide in:
556 (a) assessing elementary school students who do not demonstrate satisfactory progress
557 in reading;
558 (b) providing instructional intervention to enable the students to overcome reading
559 difficulties; and
560 (c) becoming better prepared to help all students become successful readers by
561 providing them with professional development programs in reading that are based on best
562 practices and the most current, scientific research available through nationally and
563 internationally recognized reading researchers and instructional specialists.
564 (3) (a) The clinic shall focus primarily on students in grades 1 through 3 since research
565 shows the need for students to become successful readers by the end of grade 3.
566 (b) The clinic shall make assessment and instructional intervention services available
567 to public education students of all ages.
568 (4) The clinic shall provide these services at a base site in Salt Lake County and
569 through remote access interactive technology to reach educators, parents, and students
570 throughout the state.
571 (5) The clinic shall provide:
572 (a) instruction to teachers in the use of technology and blended learning in providing
573 individualized reading instruction and reading remediation; and
574 (b) access to students for reading remediation and instruction services through distance
575 learning technology if a student is unable to regularly access a reading clinic location.
576 (6) The clinic shall integrate both the usage of and instruction on the use of
577 technology-based reading assessment tools as part of the clinic's services.
578 Section 2. Section 53E-1-101 is enacted to read:
579
580
581
582 53E-1-101. Title.
583 (1) This title is known as "Public Education System -- State Administration."
584 (2) This chapter is known as "Title Provisions."
585 Section 3. Section 53E-1-102 is enacted to read:
586 53E-1-102. Public education code definitions.
587 As used in this title, Title 53F, Public Education System -- Funding, and Title 53G,
588 Public Education System -- Local Administration, "public education code" means:
589 (1) this title;
590 (2) Title 53F, Public Education System -- Funding; and
591 (3) Title 53G, Public Education System -- Local Administration.
592 Section 4. Section 53E-1-103 is enacted to read:
593 53E-1-103. Title 53E definitions.
594 Reserved
595 Section 5. Section 53E-1-201 is enacted to read:
596
597 53E-1-201. Reports.
598 Reserved
599 Section 6. Section 53E-2-101 is enacted to read:
600
601
602 53E-2-101. Title.
603 This chapter is known as "Public Education System Policy."
604 Section 7. Section 53E-2-201, which is renumbered from Section 53A-1-101 is
605 renumbered and amended to read:
606
607 [
608 (1) (a) The continuous cultivation of an informed and virtuous citizenry among
609 succeeding generations is essential to the state and the nation.
610 (b) The state's public education system is established and maintained as provided in
611 Utah Constitution, Article X, and this [
612 (c) Parents and guardians have the primary responsibility for the education of their
613 children and elect representatives in the Legislature and on state and local school boards to
614 administer the state public education system, which provides extensive support and assistance.
615 All children of the state are entitled to a free elementary and secondary public education as
616 provided in Utah Constitution, Article X.
617 (d) Public schools fulfill a vital purpose in the education and preparation of informed
618 and responsible citizens who:
619 (i) fully understand and lawfully exercise their individual rights and liberties;
620 (ii) become self-reliant and able to provide for themselves and their families; and
621 (iii) contribute to the public good and the health, welfare, and security of the state and
622 the nation.
623 (2) In the implementation of all policies, programs, and responsibilities adopted in
624 accordance with this [
625 Education, local school boards, and charter school governing boards shall:
626 (a) respect, protect, and further the interests of parents and guardians in their children's
627 public education; and
628 (b) promote and encourage full and active participation and involvement of parents and
629 guardians at all public schools.
630 Section 8. Section 53E-2-202, which is renumbered from Section 53A-1-102.5 is
631 renumbered and amended to read:
632 [
633 (1) Before November 30, 2016, the State Board of Education shall:
634 (a) (i) prepare a report that summarizes, for the last 15 years or more, the policies and
635 programs established by, and the performance history of, the state's public education system;
636 and
637 (ii) prepare a formal 10-year plan for the state's public education system, including
638 recommendations to:
639 (A) repeal outdated policies and programs; and
640 (B) clarify and correlate current policies and programs; and
641 (b) submit the report and plan described in Subsection (1)(a) to the Education Interim
642 Committee for review and recommendations.
643 (2) The State Board of Education shall review and maintain the 10-year plan described
644 in Subsection (1)(a)(ii) and submit the updated plan to the Education Interim Committee for
645 review and approval at least once every five years.
646 Section 9. Section 53E-2-301, which is renumbered from Section 53A-1a-103 is
647 renumbered and amended to read:
648
649 [
650 (1) The Legislature envisions an educated citizenry that encompasses the following
651 foundational principles:
652 (a) citizen participation in civic and political affairs;
653 (b) economic prosperity for the state by graduating students who are college and career
654 ready;
655 (c) strong moral and social values; and
656 (d) loyalty and commitment to constitutional government.
657 (2) The Legislature recognizes that public education's mission is to assure Utah the best
658 educated citizenry in the world and each individual the training to succeed in a global society
659 by providing students with:
660 (a) learning and occupational skills;
661 (b) character development;
662 (c) literacy and numeracy;
663 (d) high quality instruction;
664 (e) curriculum based on high standards and relevance; and
665 (f) effective assessment to inform high quality instruction and accountability.
666 (3) The Legislature:
667 (a) recognizes that parents or guardians are a child's first teachers and are responsible
668 for the education of their children;
669 (b) encourages family engagement and adequate preparation so that students enter the
670 public education system ready to learn; and
671 (c) intends that the mission detailed in Subsection (2) be carried out through a
672 responsive educational system that guarantees local school communities autonomy, flexibility,
673 and client choice, while holding them accountable for results.
674 (4) This section will be applied consistent with Section [
675 Section 10. Section 53E-2-302, which is renumbered from Section 53A-1a-104 is
676 renumbered and amended to read:
677 [
678 The Legislature shall assist in maintaining a public education system that has the
679 following characteristics:
680 (1) assumes that all students have the ability to learn and that each student departing
681 the system will be prepared to achieve success in productive employment, further education, or
682 both;
683 (2) provides a personalized education plan or personalized education occupation plan
684 for each student, which involves the student, the student's parent or guardian, and school
685 personnel in establishing the plan;
686 (3) provides students with the knowledge and skills to take responsibility for their
687 decisions and to make appropriate choices;
688 (4) provides opportunities for students to exhibit the capacity to learn, think, reason,
689 and work effectively, individually and in groups;
690 (5) offers world-class core standards that enable students to successfully compete in a
691 global society, and to succeed as citizens of a constitutional republic;
692 (6) incorporates an information retrieval system that provides students, parents, and
693 educators with reliable, useful, and timely data on the progress of each student;
694 (7) attracts, prepares, inducts, and retains excellent teachers for every classroom in
695 large part through collaborative efforts among the State Board of Education, the State Board of
696 Regents, and school districts, provides effective ongoing professional development
697 opportunities for teachers to improve their teaching skills, and provides recognition, rewards,
698 and compensation for their excellence;
699 (8) empowers each school district and public school to create its own vision and plan
700 to achieve results consistent with the objectives outlined in this [
701 (9) uses technology to improve teaching and learning processes and for the delivery of
702 educational services;
703 (10) promotes ongoing research and development projects at the district and the school
704 level that are directed at improving or enhancing public education;
705 (11) offers a public school choice program, which gives students and their parents
706 options to best meet the student's personalized education needs;
707 (12) emphasizes the involvement of educators, parents, business partnerships, and the
708 community at large in the educational process by allowing them to be involved in establishing
709 and implementing educational goals and participating in decision-making at the school site;
710 and
711 (13) emphasizes competency-based standards and progress-based assessments,
712 including tracking and measurement systems.
713 Section 11. Section 53E-2-303, which is renumbered from Section 53A-1a-105 is
714 renumbered and amended to read:
715 [
716 Employer support.
717 (1) The Legislature recognizes the importance of parental participation in the
718 educational process in order for students to achieve and maintain high levels of performance.
719 (2) It is, therefore, the policy of the state to:
720 (a) encourage parents to provide a home environment that values education and send
721 their children to school prepared to learn;
722 (b) rely upon school districts and schools to provide opportunities for parents of
723 students to be involved in establishing and implementing educational goals for their respective
724 schools and students; and
725 (c) expect employers to recognize the need for parents and members of the community
726 to participate in the public education system in order to help students achieve and maintain
727 excellence.
728 (3) (a) Each local school board shall adopt a policy on parental involvement in the
729 schools of the district.
730 (b) The board shall design its policy to build consistent and effective communication
731 among parents, teachers, and administrators.
732 (c) The policy shall provide parents with the opportunity to be actively involved in
733 their children's education and to be informed of:
734 (i) the importance of the involvement of parents in directly affecting the success of
735 their children's educational efforts; and
736 (ii) groups and organizations that may provide instruction and training to parents to
737 help improve their children's academic success and support their academic efforts.
738 Section 12. Section 53E-2-304, which is renumbered from Section 53A-1a-106 is
739 renumbered and amended to read:
740 [
741 Plan for college and career readiness definition.
742 (1) In order to acquire and develop the characteristics listed in Section [
743 53E-2-302, each school district and each public school within its respective district shall
744 implement a comprehensive system of accountability in which students advance through public
745 schools by demonstrating competency in the core standards for Utah public schools through the
746 use of diverse assessment instruments such as authentic assessments, projects, and portfolios.
747 (2) (a) Each school district and public school shall:
748 (i) develop and implement programs integrating technology into the curriculum,
749 instruction, and student assessment;
750 (ii) provide for teacher and parent involvement in policymaking at the school site;
751 (iii) implement a public school choice program to give parents, students, and teachers
752 greater flexibility in designing and choosing among programs with different focuses through
753 schools within the same district and other districts, subject to space availability, demographics,
754 and legal and performance criteria;
755 (iv) establish strategic planning at both the district and school level and site-based
756 decision making programs at the school level;
757 (v) provide opportunities for each student to acquire and develop academic and
758 occupational knowledge, skills, and abilities;
759 (vi) participate in ongoing research and development projects primarily at the school
760 level aimed at improving the quality of education within the system; and
761 (vii) involve business and industry in the education process through the establishment
762 of partnerships with the business community at the district and school level.
763 (b) (i) As used in this [
764 plan developed by a student and the student's parent or guardian, in consultation with school
765 counselors, teachers, and administrators that:
766 (A) is initiated at the beginning of grade 7;
767 (B) identifies a student's skills and objectives;
768 (C) maps out a strategy to guide a student's course selection; and
769 (D) links a student to post-secondary options, including higher education and careers.
770 (ii) Each local school board, in consultation with school personnel, parents, and school
771 community councils or similar entities shall establish policies to provide for the effective
772 implementation of an individual learning plan or a plan for college and career readiness for
773 each student at the school site.
774 (iii) The policies shall include guidelines and expectations for:
775 (A) recognizing the student's accomplishments, strengths, and progress toward meeting
776 student achievement standards as defined in the core standards for Utah public schools;
777 (B) planning, monitoring, and managing education and career development; and
778 (C) involving students, parents, and school personnel in preparing and implementing
779 an individual learning plan and a plan for college and career readiness.
780 (iv) A parent may request a conference with school personnel in addition to an
781 individual learning plan or a plan for college and career readiness conference established by
782 local school board policy.
783 (v) Time spent during the school day to implement an individual learning plan or a
784 plan for college and career readiness is considered part of the school term referred to in
785 Subsection [
786 (3) A school district or public school may submit proposals to modify or waive rules or
787 policies of a supervisory authority within the public education system in order to acquire or
788 develop the characteristics listed in Section [
789 (4) (a) Each school district and public school shall make an annual report to its patrons
790 on its activities under this section.
791 (b) The reporting process shall involve participation from teachers, parents, and the
792 community at large in determining how well the district or school is performing.
793 Section 13. Section 53E-3-101 is enacted to read:
794
795
796
797 53E-3-101. Title.
798 This chapter is known as "State Board of Education Organization, Powers, and Duties."
799 Section 14. Section 53E-3-201, which is renumbered from Section 53A-1-201 is
800 renumbered and amended to read:
801
802 [
803 and appointment of officers -- Removal from office.
804 (1) Members of the State Board of Education shall be nominated and elected as
805 provided in Title 20A, Chapter 14, Nomination and Election of State and Local School Boards.
806 (2) The State Board of Education shall elect from its members a chair, and at least one
807 vice chair, but no more than three vice chairs, each year at a meeting held any time between
808 November 15 and January 15.
809 (3) (a) If the election of officers is held subsequent to the election of a new member of
810 the board, but prior to the time that the new member takes office, the new member shall
811 assume the position of the outgoing member for purposes of the election of officers.
812 (b) In all other matters the outgoing member shall retain the full authority of the office
813 until replaced as provided by law.
814 (4) The duties of these officers shall be determined by the board.
815 (5) The board shall appoint a secretary who serves at the pleasure of the board.
816 (6) An officer appointed or elected by the board under this section may be removed
817 from office for cause by a vote of two-thirds of the board.
818 Section 15. Section 53E-3-202, which is renumbered from Section 53A-1-202 is
819 renumbered and amended to read:
820 [
821 Education -- Insurance -- Per diem and expenses.
822 (1) The salary for a member of the State Board of Education is set in accordance with
823 Section 36-2-3.
824 (2) Compensation for a member of the State Board of Education is payable monthly.
825 (3) A State Board of Education member may participate in any group insurance plan
826 provided to employees of the State Board of Education as part of the State Board of Education
827 member's compensation on the same basis as required for employee participation.
828 (4) In addition to the provisions of Subsections (1) and (3), a State Board of Education
829 member may receive per diem and travel expenses in accordance with:
830 (a) Section 63A-3-106;
831 (b) Section 63A-3-107; and
832 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
833 63A-3-107.
834 Section 16. Section 53E-3-203, which is renumbered from Section 53A-1-203 is
835 renumbered and amended to read:
836 [
837 (1) The State Board of Education shall meet at the call of the chairman and at least 11
838 times each year.
839 (2) A majority of all members is required to validate an act of the State Board of
840 Education.
841 Section 17. Section 53E-3-204, which is renumbered from Section 53A-1-204 is
842 renumbered and amended to read:
843 [
844 expenses.
845 (1) Failure of a member of the State Board of Education or of a governing board of a
846 branch or division of the public school system to carry out responsibilities assigned by law or
847 to comply with rules of the State Board of Education is gross neglect of duty.
848 (2) Salary or expenses shall not be paid for work which violates rules of the board.
849 Section 18. Section 53E-3-301, which is renumbered from Section 53A-1-301 is
850 renumbered and amended to read:
851
852 [
853 (1) (a) The State Board of Education shall appoint a superintendent of public
854 instruction, hereinafter called the state superintendent, who is the executive officer of the State
855 Board of Education and serves at the pleasure of the State Board of Education.
856 (b) The State Board of Education shall appoint the state superintendent on the basis of
857 outstanding professional qualifications.
858 (c) The state superintendent shall administer all programs assigned to the State Board
859 of Education in accordance with the policies and the standards established by the State Board
860 of Education.
861 (2) The State Board of Education shall, with the state superintendent, develop a
862 statewide education strategy focusing on core academics, including the development of:
863 (a) core standards for Utah public schools and graduation requirements;
864 (b) a process to select model instructional materials that best correlate with the core
865 standards for Utah public schools and graduation requirements that are supported by generally
866 accepted scientific standards of evidence;
867 (c) professional development programs for teachers, superintendents, and principals;
868 (d) model remediation programs;
869 (e) a model method for creating individual student learning targets, and a method of
870 measuring an individual student's performance toward those targets;
871 (f) progress-based assessments for ongoing performance evaluations of school districts
872 and schools;
873 (g) incentives to achieve the desired outcome of individual student progress in core
874 academics that do not create disincentives for setting high goals for the students;
875 (h) an annual report card for school and school district performance, measuring
876 learning and reporting progress-based assessments;
877 (i) a systematic method to encourage innovation in schools and school districts as each
878 strives to achieve improvement in performance; and
879 (j) a method for identifying and sharing best demonstrated practices across school
880 districts and schools.
881 (3) The state superintendent shall perform duties assigned by the State Board of
882 Education, including:
883 (a) investigating all matters pertaining to the public schools;
884 (b) adopting and keeping an official seal to authenticate the state superintendent's
885 official acts;
886 (c) holding and conducting meetings, seminars, and conferences on educational topics;
887 (d) presenting to the governor and the Legislature each December a report of the public
888 school system for the preceding year that includes:
889 (i) data on the general condition of the schools with recommendations considered
890 desirable for specific programs;
891 (ii) a complete statement of fund balances;
892 (iii) a complete statement of revenues by fund and source;
893 (iv) a complete statement of adjusted expenditures by fund, the status of bonded
894 indebtedness, the cost of new school plants, and school levies;
895 (v) a complete statement of state funds allocated to each school district and charter
896 school by source, including supplemental appropriations, and a complete statement of
897 expenditures by each school district and charter school, including supplemental appropriations,
898 by function and object as outlined in the United States Department of Education publication
899 "Financial Accounting for Local and State School Systems";
900 (vi) a statement that includes data on:
901 (A) fall enrollments;
902 (B) average membership;
903 (C) high school graduates;
904 (D) licensed and classified employees, including data reported by school districts on
905 educator ratings pursuant to Section [
906 (E) pupil-teacher ratios;
907 (F) average class sizes;
908 (G) average salaries;
909 (H) applicable private school data; and
910 (I) data from statewide assessments described in Section [
911 each school and school district;
912 (vii) statistical information regarding incidents of delinquent activity in the schools or
913 at school-related activities with separate categories for:
914 (A) alcohol and drug abuse;
915 (B) weapon possession;
916 (C) assaults; and
917 (D) arson;
918 (viii) information about:
919 (A) the development and implementation of the strategy of focusing on core
920 academics;
921 (B) the development and implementation of competency-based education and
922 progress-based assessments; and
923 (C) the results being achieved under Subsections (3)(d)(viii)(A) and (B), as measured
924 by individual progress-based assessments and a comparison of Utah students' progress with the
925 progress of students in other states using standardized norm-referenced tests as benchmarks;
926 and
927 (ix) other statistical and financial information about the school system that the state
928 superintendent considers pertinent;
929 (e) collecting and organizing education data into an automated decision support system
930 to facilitate school district and school improvement planning, accountability reporting,
931 performance recognition, and the evaluation of educational policy and program effectiveness to
932 include:
933 (i) data that are:
934 (A) comparable across schools and school districts;
935 (B) appropriate for use in longitudinal studies; and
936 (C) comprehensive with regard to the data elements required under applicable state or
937 federal law or State Board of Education rule;
938 (ii) features that enable users, most particularly school administrators, teachers, and
939 parents, to:
940 (A) retrieve school and school district level data electronically;
941 (B) interpret the data visually; and
942 (C) draw conclusions that are statistically valid; and
943 (iii) procedures for the collection and management of education data that:
944 (A) require the state superintendent to:
945 (I) collaborate with school districts and charter schools in designing and implementing
946 uniform data standards and definitions;
947 (II) undertake or sponsor research to implement improved methods for analyzing
948 education data;
949 (III) provide for data security to prevent unauthorized access to or contamination of the
950 data; and
951 (IV) protect the confidentiality of data under state and federal privacy laws; and
952 (B) require all school districts and schools to comply with the data collection and
953 management procedures established under Subsection (3)(e);
954 (f) administering and implementing federal educational programs in accordance with
955 [
956 [
957 (g) with the approval of the State Board of Education, preparing and submitting to the
958 governor a budget for the State Board of Education to be included in the budget that the
959 governor submits to the Legislature.
960 (4) The state superintendent shall distribute funds deposited in the Autism Awareness
961 Restricted Account created in Section [
962 requirements of Section [
963 (5) Upon leaving office, the state superintendent shall deliver to the state
964 superintendent's successor all books, records, documents, maps, reports, papers, and other
965 articles pertaining to the state superintendent's office.
966 (6) (a) For the purposes of Subsection (3)(d)(vi):
967 (i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
968 students enrolled in a school by the number of full-time equivalent teachers assigned to the
969 school, including regular classroom teachers, school-based specialists, and special education
970 teachers;
971 (ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
972 the schools within a school district;
973 (iii) the pupil-teacher ratio for charter schools aggregated shall be the median
974 pupil-teacher ratio of charter schools in the state; and
975 (iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
976 pupil-teacher ratio of public schools in the state.
977 (b) The printed copy of the report required by Subsection (3)(d) shall:
978 (i) include the pupil-teacher ratio for:
979 (A) each school district;
980 (B) the charter schools aggregated; and
981 (C) the state's public schools aggregated; and
982 (ii) identify a website where pupil-teacher ratios for each school in the state may be
983 accessed.
984 Section 19. Section 53E-3-302, which is renumbered from Section 53A-1-302 is
985 renumbered and amended to read:
986 [
987 board employees.
988 (1) The board shall establish the compensation of the state superintendent.
989 (2) The board may, as necessary for the proper administration and supervision of the
990 public school system:
991 (a) appoint other employees; and
992 (b) delegate appropriate duties and responsibilities to board employees.
993 (3) The compensation and duties of board employees shall be established by the board
994 and paid from money appropriated for that purpose.
995 Section 20. Section 53E-3-303, which is renumbered from Section 53A-1-303 is
996 renumbered and amended to read:
997 [
998 (1) The state superintendent shall advise superintendents, school boards, and other
999 school officers upon all matters involving the welfare of the schools.
1000 (2) The superintendent shall, when requested by district superintendents or other school
1001 officers, provide written opinions on questions of public education, administrative policy, and
1002 procedure, but not upon questions of law.
1003 (3) Upon request by the state superintendent, the attorney general shall issue written
1004 opinions on questions of law.
1005 (4) Opinions issued under this section shall be considered to be correct and final unless
1006 set aside by a court of competent jurisdiction or by subsequent legislation.
1007 Section 21. Section 53E-3-401, which is renumbered from Section 53A-1-401 is
1008 renumbered and amended to read:
1009
1010 [
1011 of rules -- Enforcement -- Attorney.
1012 (1) As used in this section:
1013 (a) "Board" means the State Board of Education.
1014 (b) "Education entity" means:
1015 (i) an entity that receives a distribution of state funds through a grant program managed
1016 by the board under this [
1017 (ii) an entity that enters into a contract with the board to provide an educational good or
1018 service;
1019 (iii) a school district; or
1020 (iv) a charter school.
1021 (c) "Educational good or service" means a good or service that is required or regulated
1022 under:
1023 (i) this [
1024 (ii) a rule authorized under this [
1025 (d) "Local education agency" or "LEA" means:
1026 (i) a school district;
1027 (ii) a charter school; or
1028 (iii) the Utah Schools for the Deaf and the Blind.
1029 (2) (a) The State Board of Education has general control and supervision of the state's
1030 public education system.
1031 (b) "General control and supervision" as used in Utah Constitution, Article X, Section
1032 3, means directed to the whole system.
1033 (3) The board may not govern, manage, or operate school districts, institutions, and
1034 programs, unless granted that authority by statute.
1035 (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1036 the board may make rules to execute the board's duties and responsibilities under the Utah
1037 Constitution and state law.
1038 (b) The board may delegate the board's statutory duties and responsibilities to board
1039 employees.
1040 (5) (a) The board may sell any interest it holds in real property upon a finding by the
1041 board that the property interest is surplus.
1042 (b) The board may use the money it receives from a sale under Subsection (5)(a) for
1043 capital improvements, equipment, or materials, but not for personnel or ongoing costs.
1044 (c) If the property interest under Subsection (5)(a) was held for the benefit of an agency
1045 or institution administered by the board, the money may only be used for purposes related to
1046 the agency or institution.
1047 (d) The board shall advise the Legislature of any sale under Subsection (5)(a) and
1048 related matters during the next following session of the Legislature.
1049 (6) The board shall develop policies and procedures related to federal educational
1050 programs in accordance with [
1051 National Education Programs [
1052 (7) On or before December 31, 2010, the State Board of Education shall review
1053 mandates or requirements provided for in board rule to determine whether certain mandates or
1054 requirements could be waived to remove funding pressures on public schools on a temporary
1055 basis.
1056 (8) (a) If an education entity violates this [
1057 authorized under this [
1058 described in Subsection (8)(c):
1059 (i) require the education entity to enter into a corrective action agreement with the
1060 board;
1061 (ii) temporarily or permanently withhold state funds from the education entity;
1062 (iii) require the education entity to pay a penalty; or
1063 (iv) require the education entity to reimburse specified state funds to the board.
1064 (b) Except for temporarily withheld funds, if the board collects state funds under
1065 Subsection (8)(a), the board shall pay the funds into the Uniform School Fund.
1066 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1067 board shall make rules:
1068 (i) that require notice and an opportunity to be heard for an education entity affected by
1069 a board action described in Subsection (8)(a); and
1070 (ii) to administer this Subsection (8).
1071 (d) The board shall report criminal conduct of an education entity to the district
1072 attorney of the county where the education entity is located.
1073 (9) The board may audit the use of state funds by an education entity that receives
1074 those state funds as a distribution from the board.
1075 (10) The board may require, by rule made in accordance with Title 63G, Chapter 3,
1076 Utah Administrative Rulemaking Act, that if an LEA contracts with a third party contractor for
1077 an educational good or service, the LEA shall require in the contract that the third party
1078 contractor shall provide, upon request of the LEA, information necessary for the LEA to verify
1079 that the educational good or service complies with:
1080 (a) this [
1081 (b) board rule authorized under this [
1082 (11) (a) The board may appoint an attorney to provide legal advice to the board and
1083 coordinate legal affairs for the board and the board's employees.
1084 (b) An attorney described in Subsection (11)(a) shall cooperate with the Office of the
1085 Attorney General.
1086 (c) An attorney described in Subsection (11)(a) may not:
1087 (i) conduct litigation;
1088 (ii) settle claims covered by the Risk Management Fund created in Section 63A-4-201;
1089 or
1090 (iii) issue formal legal opinions.
1091 Section 22. Section 53E-3-402, which is renumbered from Section 53A-1-406 is
1092 renumbered and amended to read:
1093 [
1094 bequests.
1095 (1) The State Board of Education, on its own behalf or on behalf of an educational
1096 institution for which the board is the direct governing body, may accept private grants, loans,
1097 gifts, endowments, devises, or bequests which are made for educational purposes.
1098 (2) These contributions are not subject to appropriation by the Legislature.
1099 Section 23. Section 53E-3-403, which is renumbered from Section 53A-4-205 is
1100 renumbered and amended to read:
1101 [
1102 Powers and duties -- Tax exempt status.
1103 (1) The State Board of Education, a local school board, or the Utah Schools for the
1104 Deaf and Blind may establish foundations to:
1105 (a) assist in the development and implementation of [
1106
1107 (b) assist in the accomplishment of other education-related objectives.
1108 (2) A foundation established under Subsection (1):
1109 (a) may solicit and receive contributions from private enterprises for the purpose of this
1110 [
1111 (b) shall comply with Title 51, Chapter 7, State Money Management Act, and rules
1112 made under the act;
1113 (c) has no power or authority to incur contractual obligations or liabilities that
1114 constitute a claim against public funds except as provided in this section;
1115 (d) may not exercise executive, administrative, or rulemaking authority over the
1116 programs [
1117 authorized by the responsible school board;
1118 (e) is exempt from all taxes levied by the state or any of its political subdivisions with
1119 respect to activities conducted under this [
1120 (f) may participate in the Risk Management Fund under Section 63A-4-204;
1121 (g) shall provide a school with information detailing transactions and balances of funds
1122 managed for that school;
1123 (h) shall, for foundation accounts from which money is distributed to schools, provide
1124 all the schools within a school district information that:
1125 (i) details account transactions; and
1126 (ii) shows available balances in the accounts; and
1127 (i) may not:
1128 (i) engage in lobbying activities;
1129 (ii) attempt to influence legislation; or
1130 (iii) participate in any campaign activity for or against:
1131 (A) a political candidate; or
1132 (B) an initiative, referendum, proposed constitutional amendment, bond, or any other
1133 ballot proposition submitted to the voters.
1134 (3) A local school board that establishes a foundation under Subsection (1) shall:
1135 (a) require the foundation to:
1136 (i) use the school district's accounting system; or
1137 (ii) follow written accounting policies established by the board;
1138 (b) review and approve the foundation's accounting, purchasing, and check issuance
1139 policies to ensure that there is an adequate separation of responsibilities; and
1140 (c) approve procedures to verify that issued foundation payments have been properly
1141 approved.
1142 Section 24. Section 53E-3-501, which is renumbered from Section 53A-1-402 is
1143 renumbered and amended to read:
1144
1145 [
1146 miscellaneous minimum standards for public schools.
1147 (1) The State Board of Education shall establish rules and minimum standards for the
1148 public schools that are consistent with this [
1149 minimum standards governing the following:
1150 (a) (i) the qualification and certification of educators and ancillary personnel who
1151 provide direct student services;
1152 (ii) required school administrative and supervisory services; and
1153 (iii) the evaluation of instructional personnel;
1154 (b) (i) access to programs;
1155 (ii) attendance;
1156 (iii) competency levels;
1157 (iv) graduation requirements; and
1158 (v) discipline and control;
1159 (c) (i) school accreditation;
1160 (ii) the academic year;
1161 (iii) alternative and pilot programs;
1162 (iv) curriculum and instruction requirements;
1163 (v) school libraries; and
1164 (vi) services to:
1165 (A) persons with a disability as defined by and covered under:
1166 (I) the Americans with Disabilities Act of 1990, 42 U.S.C. 12102;
1167 (II) the Rehabilitation Act of 1973, 29 U.S.C. 705(20)(A); and
1168 (III) the Individuals with Disabilities Education Act, 20 U.S.C. 1401(3); and
1169 (B) other special groups;
1170 (d) (i) state reimbursed bus routes;
1171 (ii) bus safety and operational requirements; and
1172 (iii) other transportation needs; and
1173 (e) (i) school productivity and cost effectiveness measures;
1174 (ii) federal programs;
1175 (iii) school budget formats; and
1176 (iv) financial, statistical, and student accounting requirements.
1177 (2) The State Board of Education shall determine if:
1178 (a) the minimum standards have been met; and
1179 (b) required reports are properly submitted.
1180 (3) The State Board of Education may apply for, receive, administer, and distribute to
1181 eligible applicants funds made available through programs of the federal government.
1182 (4) (a) A technical college listed in Section 53B-2a-105 shall provide
1183 competency-based career and technical education courses that fulfill high school graduation
1184 requirements, as requested and authorized by the State Board of Education.
1185 (b) A school district may grant a high school diploma to a student participating in a
1186 course described in Subsection (4)(a) that is provided by a technical college listed in Section
1187 53B-2a-105.
1188 Section 25. Section 53E-3-502, which is renumbered from Section 53A-1a-107 is
1189 renumbered and amended to read:
1190 [
1191 and schools.
1192 In order to assist school districts and individual schools in acquiring and maintaining
1193 the characteristics set forth in Section [
1194 shall:
1195 (1) provide the framework for an education system, including core competency
1196 standards and their assessment, in which school districts and public schools permit students to
1197 advance by demonstrating competency in subject matter and mastery of skills;
1198 (2) conduct a statewide public awareness program on competency-based educational
1199 systems;
1200 (3) compile and publish, for the state as a whole, a set of educational performance
1201 indicators describing trends in student performance;
1202 (4) promote a public education climate of high expectations and academic excellence;
1203 (5) disseminate successful site-based decision-making models to districts and schools
1204 and provide teacher professional development opportunities and evaluation programs for
1205 site-based plans consistent with Subsections [
1206 53E-6-103(2)(a) and (b);
1207 (6) provide a mechanism for widespread dissemination of information about strategic
1208 planning for public education, including involvement of business and industry in the education
1209 process, in order to ensure the understanding and support of all the individuals and groups
1210 concerned with the mission of public education as outlined in Section [
1211 53E-2-301;
1212 (7) provide for a research and development clearing house at the state level to receive
1213 and share with school districts and public schools information on effective and innovative
1214 practices and programs in education;
1215 (8) help school districts develop and implement guidelines, strategies, and professional
1216 development programs for administrators and teachers consistent with Subsections
1217 [
1218 interaction with parents and promoting greater parental involvement in the public schools; and
1219 (9) in concert with the State Board of Regents and the state's colleges of education
1220 review and revise teacher licensing requirements to be consistent with teacher preparation for
1221 participation in personalized education programs within the public schools.
1222 Section 26. Section 53E-3-503, which is renumbered from Section 53A-1-403 is
1223 renumbered and amended to read:
1224 [
1225 receiving services from certain state agencies -- Establishment of coordinating council --
1226 Advisory councils.
1227 (1) For purposes of this section, "board" means the State Board of Education.
1228 (2) (a) The board is directly responsible for the education of all persons under the age
1229 of 21 who are:
1230 (i) receiving services from the Department of Human Services;
1231 (ii) in the custody of an equivalent agency of a Native American tribe recognized by
1232 the United States Bureau of Indian Affairs and whose custodial parent or legal guardian resides
1233 within the state; or
1234 (iii) being held in a juvenile detention facility.
1235 (b) The board shall adopt rules, in accordance with Title 63G, Chapter 3, Utah
1236 Administrative Rulemaking Act, to provide for the distribution of funds for the education of
1237 persons described in Subsection (2)(a).
1238 (3) Subsection (2)(a)(ii) does not apply to persons taken into custody for the primary
1239 purpose of obtaining access to education programs provided for youth in custody.
1240 (4) The board shall, where feasible, contract with school districts or other appropriate
1241 agencies to provide educational, administrative, and supportive services, but the board shall
1242 retain responsibility for the programs.
1243 (5) The Legislature shall establish and maintain separate education budget categories
1244 for youth in custody or who are under the jurisdiction of the following state agencies:
1245 (a) detention centers and the Divisions of Juvenile Justice Services and Child and
1246 Family Services;
1247 (b) the Division of Substance Abuse and Mental Health; and
1248 (c) the Division of Services for People with Disabilities.
1249 (6) (a) The Department of Human Services and the State Board of Education shall
1250 appoint a coordinating council to plan, coordinate, and recommend budget, policy, and
1251 program guidelines for the education and treatment of persons in the custody of the Division of
1252 Juvenile Justice Services and the Division of Child and Family Services.
1253 (b) The department and board may appoint similar councils for those in the custody of
1254 the Division of Substance Abuse and Mental Health or the Division of Services for People with
1255 Disabilities.
1256 (7) A school district contracting to provide services under Subsection (4) shall
1257 establish an advisory council to plan, coordinate, and review education and treatment programs
1258 for persons held in custody in the district.
1259 Section 27. Section 53E-3-504, which is renumbered from Section 53A-1-801 is
1260 renumbered and amended to read:
1261 [
1262 (1) The State Board of Education, through the state superintendent of public
1263 instruction, shall provide for a public service campaign to educate parents on the importance of
1264 providing their children with opportunities to develop emerging literacy skills through a
1265 statewide "Read to Me" program.
1266 (2) The board shall coordinate its activities under this section with other state and
1267 community entities that are engaged in child literacy programs in order to maximize its efforts
1268 and resources, including the Utah Commission on National and Community Service.
1269 Section 28. Section 53E-3-505, which is renumbered from Section 53A-13-110 is
1270 renumbered and amended to read:
1271 [
1272 (1) As used in this section:
1273 (a) "Financial and economic activities" include activities related to the topics listed in
1274 Subsection (1)(b).
1275 (b) "Financial and economic literacy concepts" include concepts related to the
1276 following topics:
1277 (i) basic budgeting;
1278 (ii) saving and financial investments;
1279 (iii) banking and financial services, including balancing a checkbook or a bank account
1280 and online banking services;
1281 (iv) career management, including earning an income;
1282 (v) rights and responsibilities of renting or buying a home;
1283 (vi) retirement planning;
1284 (vii) loans and borrowing money, including interest, credit card debt, predatory
1285 lending, and payday loans;
1286 (viii) insurance;
1287 (ix) federal, state, and local taxes;
1288 (x) charitable giving;
1289 (xi) online commerce;
1290 (xii) identity fraud and theft;
1291 (xiii) negative financial consequences of gambling;
1292 (xiv) bankruptcy;
1293 (xv) free markets and prices;
1294 (xvi) supply and demand;
1295 (xvii) monetary and fiscal policy;
1296 (xviii) effective business plan creation, including using economic analysis in creating a
1297 plan;
1298 (xix) scarcity and choices;
1299 (xx) opportunity cost and tradeoffs;
1300 (xxi) productivity;
1301 (xxii) entrepreneurism; and
1302 (xxiii) economic reasoning.
1303 (c) "Financial and economic literacy passport" means a document that tracks mastery
1304 of financial and economic literacy concepts and completion of financial and economic
1305 activities in kindergarten through grade 12.
1306 (d) "General financial literacy course" means the course of instruction described in
1307 Section [
1308 (2) The State Board of Education shall:
1309 (a) in cooperation with interested private and nonprofit entities:
1310 (i) develop a financial and economic literacy passport that students may elect to
1311 complete;
1312 (ii) develop methods of encouraging parent and educator involvement in completion of
1313 the financial and economic literacy passport; and
1314 (iii) develop and implement appropriate recognition and incentives for students who
1315 complete the financial and economic literacy passport, including:
1316 (A) a financial and economic literacy endorsement on the student's diploma of
1317 graduation;
1318 (B) a specific designation on the student's official transcript; and
1319 (C) any incentives offered by community partners;
1320 (b) more fully integrate existing and new financial and economic literacy education
1321 into instruction in kindergarten through grade 12 by:
1322 (i) coordinating financial and economic literacy instruction with existing instruction in
1323 other areas of the core standards for Utah public schools, such as mathematics and social
1324 studies;
1325 (ii) using curriculum mapping;
1326 (iii) creating training materials and staff development programs that:
1327 (A) highlight areas of potential coordination between financial and economic literacy
1328 education and other core standards for Utah public schools concepts; and
1329 (B) demonstrate specific examples of financial and economic literacy concepts as a
1330 way of teaching other core standards for Utah public schools concepts; and
1331 (iv) using appropriate financial and economic literacy assessments to improve financial
1332 and economic literacy education and, if necessary, developing assessments;
1333 (c) work with interested public, private, and nonprofit entities to:
1334 (i) identify, and make available to teachers, online resources for financial and
1335 economic literacy education, including modules with interactive activities and turnkey
1336 instructor resources;
1337 (ii) coordinate school use of existing financial and economic literacy education
1338 resources;
1339 (iii) develop simple, clear, and consistent messaging to reinforce and link existing
1340 financial literacy resources;
1341 (iv) coordinate the efforts of school, work, private, nonprofit, and other financial
1342 education providers in implementing methods of appropriately communicating to teachers,
1343 students, and parents key financial and economic literacy messages; and
1344 (v) encourage parents and students to establish higher education savings, including a
1345 Utah Educational Savings Plan account;
1346 (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1347 make rules to develop guidelines and methods for school districts and charter schools to more
1348 fully integrate financial and economic literacy education into other core standards for Utah
1349 public schools courses;
1350 (e) (i) contract with a provider, through a request for proposals process, to develop an
1351 online, end-of-course assessment for the general financial literacy course;
1352 (ii) require a school district or charter school to administer an online, end-of-course
1353 assessment to a student who takes the general financial literacy course; and
1354 (iii) develop a plan, through the state superintendent of public instruction, to analyze
1355 the results of an online, end-of-course assessment in general financial literacy that includes:
1356 (A) an analysis of assessment results by standard; and
1357 (B) average scores statewide and by school district and school;
1358 (f) in cooperation with school districts, charter schools, and interested private and
1359 nonprofit entities, provide opportunities for professional development in financial and
1360 economic literacy to teachers, including:
1361 (i) a statewide learning community for financial and economic literacy;
1362 (ii) summer workshops; and
1363 (iii) online videos of experts in the field of financial and economic literacy education;
1364 and
1365 (g) implement a teacher endorsement in general financial literacy that includes course
1366 work in financial planning, credit and investing, consumer economics, personal budgeting, and
1367 family economics.
1368 [
1369
1370 [
1371 [
1372
1373 [
1374 recommendations to the board on how to improve financial and economic literacy education in
1375 the public school system.
1376 (b) The task force membership shall include representatives of:
1377 (i) the State Board of Education;
1378 (ii) school districts and charter schools;
1379 (iii) the State Board of Regents; and
1380 (iv) private or public entities that teach financial education and share a commitment to
1381 empower individuals and families to achieve economic stability, opportunity, and upward
1382 mobility.
1383 (c) In 2013, the task force shall:
1384 (i) review and recommend modifications to the course standards and objectives of the
1385 general financial literacy course described in Section [
1386 course standards and objectives reflect current and relevant content consistent with the
1387 financial and economic literacy concepts listed in Subsection (1)(b);
1388 (ii) study the development of an online assessment of students' competency in financial
1389 and economic literacy that may be used to:
1390 (A) measure student learning growth and proficiency in financial and economic
1391 literacy; and
1392 (B) assess the effectiveness of instruction in financial and economic literacy;
1393 (iii) consider the development of a rigorous, online only, course to fulfill the general
1394 financial literacy curriculum and graduation requirements specified in Section [
1395 53E-4-204;
1396 (iv) identify opportunities for teaching financial and economic literacy through an
1397 integrated school curriculum and in the regular course of school work;
1398 (v) study and make recommendations for educator license endorsements for teachers of
1399 financial and economic literacy;
1400 (vi) identify efficient and cost-effective methods of delivering professional
1401 development in financial and economic literacy content and instructional methods; and
1402 (vii) study how financial and economic literacy education may be enhanced through
1403 community partnerships.
1404 (d) The task force shall reconvene every three years to review and recommend
1405 adjustments to the standards and objectives of the general financial literacy course.
1406 (e) The State Board of Education shall make a report to the Education Interim
1407 Committee no later than the committee's November 2013 meeting summarizing the findings
1408 and recommendations of the task force and actions taken by the board in response to the task
1409 force's findings and recommendations.
1410 Section 29. Section 53E-3-506, which is renumbered from Section 53A-13-111 is
1411 renumbered and amended to read:
1412 [
1413 technology.
1414 (1) The State Board of Education shall provide for an educational program on the use
1415 of information technology, which shall be offered by high schools.
1416 (2) An educational program on the use of information technology shall:
1417 (a) provide instruction on skills and competencies essential for the workplace and
1418 requested by employers;
1419 (b) include the following components:
1420 (i) a curriculum;
1421 (ii) online access to the curriculum;
1422 (iii) instructional software for classroom and student use;
1423 (iv) certification of skills and competencies most frequently requested by employers;
1424 (v) professional development for teachers; and
1425 (vi) deployment and program support, including integration with existing core
1426 standards for Utah public schools; and
1427 (c) be made available to high school students, faculty, and staff.
1428 Section 30. Section 53E-3-507, which is renumbered from Section 53A-15-202 is
1429 renumbered and amended to read:
1430 [
1431 The State Board of Education:
1432 (1) shall establish minimum standards for career and technical education programs in
1433 the public education system;
1434 (2) may apply for, receive, administer, and distribute funds made available through
1435 programs of federal and state governments to promote and aid career and technical education;
1436 (3) shall cooperate with federal and state governments to administer programs that
1437 promote and maintain career and technical education;
1438 (4) shall cooperate with the Utah System of Technical Colleges Board of Trustees, Salt
1439 Lake Community College's School of Applied Technology, Snow College, and Utah State
1440 University Eastern to ensure that students in the public education system have access to career
1441 and technical education at Utah System of Technical Colleges technical colleges, Salt Lake
1442 Community College's School of Applied Technology, Snow College, and Utah State University
1443 Eastern;
1444 (5) shall require that before a minor student may participate in clinical experiences as
1445 part of a health care occupation program at a high school or other institution to which the
1446 student has been referred, the student's parent or legal guardian has:
1447 (a) been first given written notice through appropriate disclosure when registering and
1448 prior to participation that the program contains a clinical experience segment in which the
1449 student will observe and perform specific health care procedures that may include personal
1450 care, patient bathing, and bathroom assistance; and
1451 (b) provided specific written consent for the student's participation in the program and
1452 clinical experience; and
1453 (6) shall, after consulting with school districts, charter schools, the Utah System of
1454 Technical Colleges Board of Trustees, Salt Lake Community College's School of Applied
1455 Technology, Snow College, and Utah State University Eastern, prepare and submit an annual
1456 report to the governor and to the Legislature's Education Interim Committee by October 31 of
1457 each year detailing:
1458 (a) how the career and technical education needs of secondary students are being met;
1459 and
1460 (b) the access secondary students have to programs offered:
1461 (i) at technical colleges; and
1462 (ii) within the regions served by Salt Lake Community College's School of Applied
1463 Technology, Snow College, and Utah State University Eastern.
1464 Section 31. Section 53E-3-508, which is renumbered from Section 53A-15-107 is
1465 renumbered and amended to read:
1466 [
1467 programs operating outside of the regular school day.
1468 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
1469 in consultation with the Department of Workforce Services, the State Board of Education shall
1470 make rules that describe the standards for a high quality program operating outside of the
1471 regular school day:
1472 (a) for elementary or secondary students; and
1473 (b) offered by a:
1474 (i) school district;
1475 (ii) charter school;
1476 (iii) private provider, including a non-profit provider; or
1477 (iv) municipality.
1478 (2) The standards described in Subsection (1) shall specify that a high quality program
1479 operating outside of the regular school day:
1480 (a) provides a safe, healthy, and nurturing environment for all participants;
1481 (b) develops and maintains positive relationships among staff, participants, families,
1482 schools, and communities;
1483 (c) encourages participants to learn new skills; and
1484 (d) is effectively administered.
1485 Section 32. Section 53E-3-509, which is renumbered from Section 53A-15-603 is
1486 renumbered and amended to read:
1487 [
1488 (1) (a) The State Board of Education shall adopt rules that require a local school board
1489 or governing board of a charter school to enact gang prevention and intervention policies for all
1490 schools within the board's jurisdiction.
1491 (b) The rules described in Subsection (1)(a) shall provide that the gang prevention and
1492 intervention policies of a local school board or charter school governing board may include
1493 provisions that reflect the individual school district's or charter school's unique needs or
1494 circumstances.
1495 (2) The rules described in Subsection (1) may include the following provisions:
1496 (a) school faculty and personnel shall report suspected gang activities relating to the
1497 school and its students to a school administrator and law enforcement;
1498 (b) a student who participates in gang activities may be excluded from participation in
1499 extracurricular activities, including interscholastic athletics, as determined by the school
1500 administration after consultation with law enforcement;
1501 (c) gang-related graffiti or damage to school property shall result in parent or guardian
1502 notification and appropriate administrative and law enforcement actions, which may include
1503 obtaining restitution from those responsible for the damage;
1504 (d) if a serious gang-related incident, as determined by the school administrator in
1505 consultation with local law enforcement, occurs on school property, at school related activities,
1506 or on a site that is normally considered to be under school control, notification shall be
1507 provided to parents and guardians of students in the school:
1508 (i) informing them, in general terms, about the incident, but removing all personally
1509 identifiable information about students from the notice;
1510 (ii) emphasizing the school's concern for safety; and
1511 (iii) outlining the action taken at the school regarding the incident;
1512 (e) school faculty and personnel shall be trained by experienced evidence based trainers
1513 that may include community gang specialists and law enforcement as part of comprehensive
1514 strategies to recognize early warning signs for youth in trouble and help students resist serious
1515 involvement in undesirable activity, including joining gangs or mimicking gang behavior;
1516 (f) prohibitions on the following behavior:
1517 (i) advocating or promoting a gang or any gang-related activities;
1518 (ii) marking school property, books, or school work with gang names, slogans, or
1519 signs;
1520 (iii) conducting gang initiations;
1521 (iv) threatening another person with bodily injury or inflicting bodily injury on another
1522 in connection with a gang or gang-related activity;
1523 (v) aiding or abetting an activity described under Subsections (2)(f)(i) through (iv) by a
1524 person's presence or support;
1525 (vi) displaying or wearing common gang apparel, common dress, or identifying signs
1526 or symbols on one's clothing, person, or personal property that is disruptive to the school
1527 environment; and
1528 (vii) communicating in any method, including verbal, non-verbal, and electronic
1529 means, designed to convey gang membership or affiliation.
1530 (3) The rules described in Subsection (1) may require a local school board or governing
1531 board of a charter school to publicize the policies enacted by the local school board or
1532 governing board of a charter school in accordance with the rules described in Subsection (1) to
1533 all students, parents, guardians, and faculty through school websites, handbooks, letters to
1534 parents and guardians, or other reasonable means of communication.
1535 (4) The State Board of Education may consult with appropriate committees, including
1536 committees that provide opportunities for the input of parents, law enforcement, and
1537 community agencies, as it develops, enacts, and administers the rules described in Subsection
1538 (1).
1539 Section 33. Section 53E-3-510, which is renumbered from Section 53A-19-201 is
1540 renumbered and amended to read:
1541 [
1542 Apportionment -- Costs.
1543 (1) School lunch revenues shall be under the control of the State Board of Education
1544 and may only be disbursed, transferred, or drawn upon by its order. The revenue may only be
1545 used to provide school lunches and a school lunch program in the state's school districts in
1546 accordance with standards established by the board.
1547 (2) The board shall apportion the revenue according to the number of school children
1548 receiving school lunches in each school district. The State Board of Education and local school
1549 boards shall employ staff to administer and supervise the school lunch program and purchase
1550 supplies and equipment.
1551 (3) The costs of the school lunch program shall be included in the state board's annual
1552 budget.
1553 Section 34. Section 53E-3-511, which is renumbered from Section 53A-1-413 is
1554 renumbered and amended to read:
1555 [
1556 Record Store.
1557 (1) As used in this section:
1558 (a) "Authorized LEA user" means a teacher or other person who is:
1559 (i) employed by an LEA that provides instruction to a student; and
1560 (ii) authorized to access data in a Student Achievement Backpack through the Utah
1561 Student Record Store.
1562 (b) "LEA" means a school district, charter school, or the Utah Schools for the Deaf and
1563 the Blind.
1564 (c) "Statewide assessment" means the same as that term is defined in Section
1565 [
1566 (d) "Student Achievement Backpack" means, for a student from kindergarten through
1567 grade 12, a complete learner profile that:
1568 (i) is in electronic format;
1569 (ii) follows the student from grade to grade and school to school; and
1570 (iii) is accessible by the student's parent or guardian or an authorized LEA user.
1571 (e) "Utah Student Record Store" means a repository of student data collected from
1572 LEAs as part of the state's longitudinal data system that is:
1573 (i) managed by the State Board of Education;
1574 (ii) cloud-based; and
1575 (iii) accessible via a web browser to authorized LEA users.
1576 (2) (a) The State Board of Education shall use the State Board of Education's robust,
1577 comprehensive data collection system, which collects longitudinal student transcript data from
1578 LEAs and the unique student identifiers as described in Section [
1579 allow the following to access a student's Student Achievement Backpack:
1580 (i) the student's parent or guardian; and
1581 (ii) each LEA that provides instruction to the student.
1582 (b) The State Board of Education shall ensure that a Student Achievement Backpack:
1583 (i) provides a uniform, transparent reporting mechanism for individual student
1584 progress;
1585 (ii) provides a complete learner history for postsecondary planning;
1586 (iii) provides a teacher with visibility into a student's complete learner profile to better
1587 inform instruction and personalize education;
1588 (iv) assists a teacher or administrator in diagnosing a student's learning needs through
1589 the use of data already collected by the State Board of Education;
1590 (v) facilitates a student's parent or guardian taking an active role in the student's
1591 education by simplifying access to the student's complete learner profile; and
1592 (vi) serves as additional disaster mitigation for LEAs by using a cloud-based data
1593 storage and collection system.
1594 (3) Using existing information collected and stored in the State Board of Education's
1595 data warehouse, the State Board of Education shall create the Utah Student Record Store where
1596 an authorized LEA user may:
1597 (a) access data in a Student Achievement Backpack relevant to the user's LEA or
1598 school; or
1599 (b) request student records to be transferred from one LEA to another.
1600 (4) The State Board of Education shall implement security measures to ensure that:
1601 (a) student data stored or transmitted to or from the Utah Student Record Store is
1602 secure and confidential pursuant to the requirements of the Family Educational Rights and
1603 Privacy Act, 20 U.S.C. Sec. 1232g; and
1604 (b) an authorized LEA user may only access student data that is relevant to the user's
1605 LEA or school.
1606 (5) A student's parent or guardian may request the student's Student Achievement
1607 Backpack from the LEA or the school in which the student is enrolled.
1608 (6) An authorized LEA user may access student data in a Student Achievement
1609 Backpack, which shall include the following data, or request that the data be transferred from
1610 one LEA to another:
1611 (a) student demographics;
1612 (b) course grades;
1613 (c) course history; and
1614 (d) results of a statewide assessment.
1615 (7) An authorized LEA user may access student data in a Student Achievement
1616 Backpack, which shall include the data listed in Subsections (6)(a) through (d) and the
1617 following data, or request that the data be transferred from one LEA to another:
1618 (a) section attendance;
1619 (b) the name of a student's teacher for classes or courses the student takes;
1620 (c) teacher qualifications for a student's teacher, including years of experience, degree,
1621 license, and endorsement;
1622 (d) results of statewide assessments;
1623 (e) a student's writing sample that is written for a writing assessment administered
1624 pursuant to Section [
1625 (f) student growth scores on a statewide assessment, as applicable;
1626 (g) a school's grade assigned pursuant to [
1627 Accountability System;
1628 (h) results of benchmark assessments of reading administered pursuant to Section
1629 [
1630 (i) a student's reading level at the end of grade 3.
1631 (8) No later than June 30, 2017, the State Board of Education shall ensure that data
1632 collected in the Utah Student Record Store for a Student Achievement Backpack is integrated
1633 into each LEA's student information system and is made available to a student's parent or
1634 guardian and an authorized LEA user in an easily accessible viewing format.
1635 Section 35. Section 53E-3-512, which is renumbered from Section 53A-1-402.5 is
1636 renumbered and amended to read:
1637 [
1638 conduct standards -- Local school board policies.
1639 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1640 State Board of Education shall make rules that establish basic ethical conduct standards for
1641 public education employees who provide education-related services outside of their regular
1642 employment to their current or prospective public school students.
1643 (2) The rules shall provide that a local school board may adopt policies implementing
1644 the standards and addressing circumstances present in the district.
1645 Section 36. Section 53E-3-513, which is renumbered from Section 53A-1a-105.5 is
1646 renumbered and amended to read:
1647 [
1648 in-home programs -- Exceptions.
1649 (1) The State Board of Education, local school boards, school districts, and public
1650 schools are prohibited from requiring infant or preschool in-home literacy or other educational
1651 or parenting programs without obtaining parental permission in each individual case.
1652 (2) This section does not prohibit the Division of Child and Family Services, within the
1653 Department of Human Services, from providing or arranging for family preservation or other
1654 statutorily provided services in accordance with Title 62A, Chapter 4a, Child and Family
1655 Services, or any other in-home services that have been court ordered, pursuant to Title 62A,
1656 Chapter 4a, Child and Family Services, or Title 78A, Chapter 6, Juvenile Court Act [
1657 Section 37. Section 53E-3-514, which is renumbered from Section 53A-16-101.6 is
1658 renumbered and amended to read:
1659 [
1660 Duties.
1661 (1) As used in this section:
1662 (a) "School and institutional trust lands" is as defined in Section 53C-1-103.
1663 (b) "Section" means the School Children's Trust Section created in this section.
1664 (c) "Trust" means:
1665 (i) the School LAND Trust Program created in Section [
1666 (ii) the lands and funds associated with the trusts described in Subsection
1667 53C-1-103(7).
1668 (2) There is established a School Children's Trust Section under the State Board of
1669 Education.
1670 (3) (a) The section shall have a director.
1671 (b) The director shall have professional qualifications and expertise in the areas
1672 generating revenue to the trust, including:
1673 (i) economics;
1674 (ii) energy development;
1675 (iii) finance;
1676 (iv) investments;
1677 (v) public education;
1678 (vi) real estate;
1679 (vii) renewable resources;
1680 (viii) risk management; and
1681 (ix) trust law.
1682 (c) The director shall be appointed as provided in this Subsection (3).
1683 (d) The School and Institutional Trust Lands Board of Trustees nominating committee
1684 shall submit to the State Board of Education the name of one person to serve as director.
1685 (e) The State Board of Education may:
1686 (i) appoint the person described in Subsection (3)(d) to serve as director; or
1687 (ii) deny the appointment of the person described in Subsection (3)(d) to serve as
1688 director.
1689 (f) If the State Board of Education denies an appointment under this Subsection (3):
1690 (i) the State Board of Education shall provide in writing one or more reasons for the
1691 denial to the School and Institutional Trust Lands Board of Trustees nominating committee;
1692 and
1693 (ii) the School and Institutional Trust Lands Board of Trustees nominating committee
1694 and the State Board of Education shall follow the procedures and requirements of this
1695 Subsection (3) until the State Board of Education appoints a director.
1696 (g) The State Board of Education may remove the director only by majority vote of a
1697 quorum in an open and public meeting after proper notice and the inclusion of the removal item
1698 on the agenda.
1699 (4) The State Board of Education shall make rules regarding:
1700 (a) regular reporting from the School Children's Trust Section director to the State
1701 Board of Education, to allow the State Board of Education to fulfill its duties in representing
1702 the trust beneficiaries; and
1703 (b) the day-to-day reporting of the School Children's Trust Section director.
1704 (5) (a) The director shall annually submit a proposed section budget to the State Board
1705 of Education.
1706 (b) After approving a section budget, the State Board of Education shall propose the
1707 approved budget to the Legislature.
1708 (6) The director is entitled to attend any presentation, discussion, meeting, or other
1709 gathering concerning the trust, subject to:
1710 (a) provisions of law prohibiting the director's attendance to preserve confidentiality; or
1711 (b) other provisions of law that the director's attendance would violate.
1712 (7) The section shall have a staff.
1713 (8) The section shall protect current and future beneficiary rights and interests in the
1714 trust consistent with the state's perpetual obligations under:
1715 (a) the Utah Enabling Act;
1716 (b) the Utah Constitution;
1717 (c) state statute; and
1718 (d) standard trust principles described in Section 53C-1-102.
1719 (9) The section shall promote:
1720 (a) productive use of school and institutional trust lands; and
1721 (b) the efficient and prudent investment of funds managed by the School and
1722 Institutional Trust Fund Office, created in Section 53D-1-201.
1723 (10) The section shall provide representation, advocacy, and input:
1724 (a) on behalf of current and future beneficiaries of the trust, school community
1725 councils, schools, and school districts;
1726 (b) on federal, state, and local land decisions and policies that affect the trust; and
1727 (c) to:
1728 (i) the School and Institutional Trust Lands Administration;
1729 (ii) the School and Institutional Trust Lands Board of Trustees;
1730 (iii) the Legislature;
1731 (iv) the School and Institutional Trust Fund Office, created in Section 53D-1-201;
1732 (v) the School and Institutional Trust Fund Board of Trustees, created in Section
1733 53D-1-301;
1734 (vi) the attorney general;
1735 (vii) the public; and
1736 (viii) other entities as determined by the section.
1737 (11) The section shall provide independent oversight on the prudent and profitable
1738 management of the trust and report annually to the State Board of Education and the
1739 Legislature.
1740 (12) The section shall provide information requested by a person or entity described in
1741 Subsections (10)(c)(i) through (vii).
1742 (13) (a) The section shall provide training to the entities described in Subsection
1743 (13)(b) on:
1744 (i) the School LAND Trust Program established in Section [
1745 and
1746 (ii) (A) a school community council established pursuant to Section [
1747 53G-7-1202; or
1748 (B) a charter trust land council established under Section [
1749 (b) The section shall provide the training to:
1750 (i) a local school board or a charter school governing board;
1751 (ii) a school district or a charter school; and
1752 (iii) a school community council.
1753 (14) The section shall annually:
1754 (a) review each school's compliance with applicable law, including rules adopted by
1755 the State Board of Education; and
1756 (b) report findings to the State Board of Education.
1757 Section 38. Section 53E-3-515, which is renumbered from Section 53A-15-206 is
1758 renumbered and amended to read:
1759 [
1760 and Technical Education Pilot Program.
1761 (1) As used in this section:
1762 (a) "Board" means the State Board of Education.
1763 (b) "Local education agency" means a school district or charter school.
1764 (c) "Pilot program" means the Hospitality and Tourism Management Career and
1765 Technical Education Pilot Program created under Subsection (2).
1766 (2) There is created a Hospitality and Tourism Management Career and Technical
1767 Education Pilot Program to provide instruction that a local education agency may offer to a
1768 student in any of grades 9 through 12 on:
1769 (a) the information and skills required for operational level employee positions in
1770 hospitality and tourism management, including:
1771 (i) hospitality soft skills;
1772 (ii) operational areas of the hospitality industry;
1773 (iii) sales and marketing; and
1774 (iv) safety and security; and
1775 (b) the leadership and managerial responsibilities, knowledge, and skills required by an
1776 entry-level leader in hospitality and tourism management, including:
1777 (i) hospitality leadership skills;
1778 (ii) operational leadership;
1779 (iii) managing food and beverage operations; and
1780 (iv) managing business operations.
1781 (3) The instruction described in Subsection (2) may be delivered in a public school
1782 using live instruction, video, or online materials.
1783 (4) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the board
1784 shall select one or more providers to supply materials and curriculum for the pilot program.
1785 (b) The board may seek recommendations from trade associations and other entities
1786 that have expertise in hospitality and tourism management regarding potential providers of
1787 materials and curriculum for the pilot program.
1788 (5) (a) A local education agency may apply to the board to participate in the pilot
1789 program.
1790 (b) The board shall select participants in the pilot program.
1791 (c) A local education agency that participates in the pilot program shall use the
1792 materials and curriculum supplied by a provider selected under Subsection (4).
1793 (6) The board shall evaluate the pilot program and provide an annual written report to
1794 the Education Interim Committee and the Economic Development and Workforce Services
1795 Interim Committee on or before October 1 describing:
1796 (a) how many local education agencies and how many students are participating in the
1797 pilot program; and
1798 (b) any recommended changes to the pilot program.
1799 Section 39. Section 53E-3-601 is enacted to read:
1800
1801 53E-3-601. Definitions.
1802 Reserved
1803 Section 40. Section 53E-3-602, which is renumbered from Section 53A-1-404 is
1804 renumbered and amended to read:
1805 [
1806 (1) Procedures utilized by auditors employed by local school boards shall meet or
1807 exceed generally accepted auditing standards approved by the State Board of Education and the
1808 state auditor.
1809 (2) The standards must include financial accounting for both revenue and expenditures,
1810 and student accounting.
1811 Section 41. Section 53E-3-603, which is renumbered from Section 53A-1-405 is
1812 renumbered and amended to read:
1813 [
1814 The State Board of Education is responsible for verifying audits of financial and student
1815 accounting records of school districts for purposes of determining the allocation of Uniform
1816 School Fund money.
1817 Section 42. Section 53E-3-701 is enacted to read:
1818
1819 53E-3-701. Definitions.
1820 Reserved
1821 Section 43. Section 53E-3-702, which is renumbered from Section 53A-20-110 is
1822 renumbered and amended to read:
1823 [
1824 guidelines.
1825 (1) As used in this section:
1826 (a) "Board" means the State Board of Education.
1827 (b) "Public school construction" means construction work on a new public school.
1828 (2) (a) The board shall:
1829 (i) adopt guidelines for public school construction; and
1830 (ii) consult with the Division of Facilities Construction and Management
1831 Administration on proposed guidelines before adoption.
1832 (b) The board shall ensure that guidelines adopted under Subsection (2)(a)(i) maximize
1833 funds used for public school construction and reflect efficient and economic use of those funds,
1834 including adopting guidelines that address a school's essential needs rather than encouraging or
1835 endorsing excessive costs per square foot of construction or nonessential facilities, design, or
1836 furnishings.
1837 (3) Before a school district or charter school may begin public school construction, the
1838 school district or charter school shall:
1839 (a) review the guidelines adopted by the board under this section; and
1840 (b) take into consideration the guidelines when planning the public school
1841 construction.
1842 (4) In adopting the guidelines for public school construction, the board shall consider
1843 the following and adopt alternative guidelines as needed:
1844 (a) location factors, including whether the school is in a rural or urban setting, and
1845 climate factors;
1846 (b) variations in guidelines for significant or minimal projected student population
1847 growth;
1848 (c) guidelines specific to schools that serve various populations and grades, including
1849 high schools, junior high schools, middle schools, elementary schools, alternative schools, and
1850 schools for people with disabilities; and
1851 (d) year-round use.
1852 (5) The guidelines shall address the following:
1853 (a) square footage per student;
1854 (b) minimum and maximum required real property for a public school;
1855 (c) athletic facilities and fields, playgrounds, and hard surface play areas;
1856 (d) cost per square foot;
1857 (e) minimum and maximum qualities and costs for building materials;
1858 (f) design efficiency;
1859 (g) parking;
1860 (h) furnishing;
1861 (i) proof of compliance with applicable building codes; and
1862 (j) safety.
1863 Section 44. Section 53E-3-703, which is renumbered from Section 53A-20-101 is
1864 renumbered and amended to read:
1865 [
1866 -- Advertising for bids -- Payment and performance bonds -- Contracts -- Bidding
1867 limitations on local school boards -- Interest of local school board members.
1868 (1) As used in this section, the word "sealed" does not preclude acceptance of
1869 electronically sealed and submitted bids or proposals in addition to bids or proposals manually
1870 sealed and submitted.
1871 (2) (a) Prior to the construction of any school or the alteration of any existing school
1872 plant, if the total estimated accumulative building project cost exceeds $80,000, a local school
1873 board shall advertise for bids on the project at least 10 days before the bid due date.
1874 (b) The advertisement shall state:
1875 (i) that proposals for the building project are required to be sealed in accordance with
1876 plans and specifications provided by the local school board;
1877 (ii) where and when the proposals will be opened;
1878 (iii) that the local school board reserves the right to reject any and all proposals; and
1879 (iv) that a person that submits a proposal is required to submit a certified check or bid
1880 bond, of not less than 5% of the bid in the proposal, to accompany the proposal.
1881 (c) The local school board shall publish the advertisement, at a minimum:
1882 (i) on the local school board's website; or
1883 (ii) on a state website that is:
1884 (A) owned or managed by, or provided under contract with, the Division of Purchasing
1885 and General Services; and
1886 (B) available for the posting of public procurement notices.
1887 (3) (a) The board shall meet at the time and place specified in the advertisement and
1888 publicly open and read all received proposals.
1889 (b) If satisfactory bids are received, the board shall award the contract to the lowest
1890 responsible bidder.
1891 (c) If none of the proposals are satisfactory, all shall be rejected.
1892 (d) The board shall again advertise in the manner provided in this section.
1893 (e) If, after advertising a second time no satisfactory bid is received, the board may
1894 proceed under its own direction with the required project.
1895 (4) (a) The check or bond required under Subsection (2)(b) shall be drawn in favor of
1896 the local school board.
1897 (b) If the successful bidder fails or refuses to enter into the contract and furnish the
1898 additional bonds required under this section, then the bidder's check or bond is forfeited to the
1899 district.
1900 (5) A local school board shall require payment and performance bonds of the
1901 successful bidder as required in Section 63G-6a-1103.
1902 (6) (a) A local school board may require in the proposed contract that up to 5% of the
1903 contract price be withheld until the project is completed and accepted by the board.
1904 (b) If money is withheld, the board shall place it in an interest bearing account, and the
1905 interest accrues for the benefit of the contractor and subcontractors.
1906 (c) This money shall be paid upon completion of the project and acceptance by the
1907 board.
1908 (7) (a) A local school board may not bid on projects within the district if the total
1909 accumulative estimated cost exceeds $80,000.
1910 (b) The board may use its resources if no satisfactory bids are received under this
1911 section.
1912 (8) If the local school board determines in accordance with Section 63G-6a-1302 to use
1913 a construction manager/general contractor as its method of construction contracting
1914 management on projects where the total estimated accumulative cost exceeds $80,000, it shall
1915 select the construction manager/general contractor in accordance with the requirements of Title
1916 63G, Chapter 6a, Utah Procurement Code.
1917 (9) A local school board member may not have a direct or indirect financial interest in
1918 the construction project contract.
1919 Section 45. Section 53E-3-704, which is renumbered from Section 53A-20-101.5 is
1920 renumbered and amended to read:
1921 [
1922 of architect-engineer services.
1923 (1) As used in this section, "architect-engineer services" means those professional
1924 services within the scope of the practice of architecture as defined in Section 58-3a-102, or
1925 professional engineering as defined in Section 58-22-102.
1926 (2) When a local school district elects to obtain architect or engineering services by
1927 using a competitive procurement process and has provided public notice of its competitive
1928 procurement process:
1929 (a) a higher education entity, or any part of one, may not submit a proposal in response
1930 to the state agency's competitive procurement process; and
1931 (b) the local school district may not award a contract to perform the architect or
1932 engineering services solicited in the competitive procurement process to a higher education
1933 entity or any part of one.
1934 Section 46. Section 53E-3-705, which is renumbered from Section 53A-20-103 is
1935 renumbered and amended to read:
1936 [
1937 (1) The State Board of Education shall prepare an annual school plant capital outlay
1938 report of all school districts, which includes information on the number and size of building
1939 projects completed and under construction.
1940 (2) A school district or charter school shall prepare and submit an annual school plant
1941 capital outlay report in accordance with Section 63A-3-402.
1942 Section 47. Section 53E-3-706, which is renumbered from Section 53A-20-104 is
1943 renumbered and amended to read:
1944 [
1945 Employment of personnel -- School districts and charter schools -- Certificate of
1946 inspection verification.
1947 (1) The state superintendent of public instruction shall enforce this [
1948 (2) The superintendent may employ architects or other qualified personnel, or contract
1949 with the State Building Board, the state fire marshal, or a local governmental entity to:
1950 (a) examine the plans and specifications of any school building or alteration submitted
1951 under this [
1952 (b) verify the inspection of any school building during or following construction; and
1953 (c) perform other functions necessary to ensure compliance with this [
1954 (3) (a) (i) If a local school board uses the school district's building inspector under
1955 Subsection 10-9a-305(6)(a)(ii) or 17-27a-305(6)(a)(ii) and issues its own certificate authorizing
1956 permanent occupancy of the school building, the local school board shall file a certificate of
1957 inspection verification with the local governmental entity's building official and the State
1958 Board of Education, advising those entities that the school district has complied with the
1959 inspection provisions of this [
1960 (ii) If a charter school uses a school district building inspector under Subsection
1961 10-9a-305(6)(a)(ii) or 17-27a-305(6)(a)(ii) and the school district issues to the charter school a
1962 certificate authorizing permanent occupancy of the school building, the charter school shall file
1963 with the State Board of Education a certificate of inspection verification.
1964 (iii) If a local school board or charter school uses a local governmental entity's building
1965 inspector under Subsection 10-9a-305(6)(a)(i) or 17-27a-305(6)(a)(i) and the local
1966 governmental entity issues the local school board or charter school a certificate authorizing
1967 permanent occupancy of the school building, the local school board or charter school shall file
1968 with the State Board of Education a certificate of inspection verification.
1969 (iv) (A) If a local school board or charter school uses an independent, certified building
1970 inspector under Subsection 10-9a-305(6)(a)(iii) or 17-27a-305(6)(a)(iii), the local school board
1971 or charter school shall, upon completion of all required inspections of the school building, file
1972 with the State Board of Education a certificate of inspection verification and a request for the
1973 issuance of a certificate authorizing permanent occupancy of the school building.
1974 (B) Upon the local school board's or charter school's filing of the certificate and request
1975 as provided in Subsection (3)(a)(iv)(A), the school district or charter school shall be entitled to
1976 temporary occupancy of the school building that is the subject of the request for a period of 90
1977 days, beginning the date the request is filed, if the school district or charter school has
1978 complied with all applicable fire and life safety code requirements.
1979 (C) Within 30 days after the local school board or charter school files a request under
1980 Subsection (3)(a)(iv)(A) for a certificate authorizing permanent occupancy of the school
1981 building, the state superintendent of public instruction shall:
1982 (I) (Aa) issue to the local school board or charter school a certificate authorizing
1983 permanent occupancy of the school building; or
1984 (Bb) deliver to the local school board or charter school a written notice indicating
1985 deficiencies in the school district's or charter school's compliance with the inspection
1986 provisions of this [
1987 (II) mail a copy of the certificate authorizing permanent occupancy or the notice of
1988 deficiency to the building official of the local governmental entity in which the school building
1989 is located.
1990 (D) Upon the local school board or charter school remedying the deficiencies indicated
1991 in the notice under Subsection (3)(a)(iv)(C)(I)(Bb) and notifying the state superintendent of
1992 public instruction that the deficiencies have been remedied, the state superintendent of public
1993 instruction shall issue a certificate authorizing permanent occupancy of the school building and
1994 mail a copy of the certificate to the building official of the local governmental entity in which
1995 the school building is located.
1996 (E) (I) The state superintendent of public instruction may charge the school district or
1997 charter school a fee for an inspection that the superintendent considers necessary to enable the
1998 superintendent to issue a certificate authorizing permanent occupancy of the school building.
1999 (II) A fee under Subsection (3)(a)(iv)(E)(I) may not exceed the actual cost of
2000 performing the inspection.
2001 (b) For purposes of this Subsection (3):
2002 (i) "local governmental entity" means either a municipality, for a school building
2003 located within a municipality, or a county, for a school building located within an
2004 unincorporated area in the county; and
2005 (ii) "certificate of inspection verification" means a standard inspection form developed
2006 by the state superintendent in consultation with local school boards and charter schools to
2007 verify that inspections by qualified inspectors have occurred.
2008 Section 48. Section 53E-3-707, which is renumbered from Section 53A-20-104.5 is
2009 renumbered and amended to read:
2010 [
2011 manual -- Annual construction and inspection conference -- Verification of school
2012 construction inspections.
2013 (1) (a) The State Board of Education, through the state superintendent of public
2014 instruction, shall develop and distribute to each school district a school building construction
2015 and inspection resource manual.
2016 (b) The manual shall be provided to a charter school upon request of the charter school.
2017 (2) (a) The manual shall include:
2018 (i) current legal requirements; and
2019 (ii) information on school building construction and inspections, including the
2020 guidelines adopted by the State Board of Education in accordance with Section [
2021 53E-3-702.
2022 (b) The state superintendent shall review and update the manual at least once every
2023 three years.
2024 (3) The board shall provide for an annual school construction conference to allow a
2025 representative from each school district and charter school to:
2026 (a) receive current information on the design, construction, and inspection of school
2027 buildings;
2028 (b) receive training on such matters as:
2029 (i) using properly certified building inspectors;
2030 (ii) filing construction inspection summary reports and the final inspection certification
2031 with the local governmental authority's building official;
2032 (iii) the roles and relationships between a school district or charter school and the local
2033 governmental authority, either a county or municipality, as related to the construction and
2034 inspection of school buildings; and
2035 (iv) adequate documentation of school building inspections; and
2036 (c) provide input on any changes that may be needed to improve the existing school
2037 building inspection program.
2038 (4) The board shall develop a process to verify that inspections by qualified inspectors
2039 occur in each school district or charter school.
2040 Section 49. Section 53E-3-708, which is renumbered from Section 53A-20-105 is
2041 renumbered and amended to read:
2042 [
2043 A licensed architect shall prepare the plans and specifications for the construction or
2044 alteration of school buildings.
2045 Section 50. Section 53E-3-709, which is renumbered from Section 53A-20-106 is
2046 renumbered and amended to read:
2047 [
2048 build schools.
2049 For the purpose of participating in any program of assistance by the government of the
2050 United States designed to aid the various states, their political subdivisions and their
2051 educational agencies and institutions in providing adequate educational buildings and facilities,
2052 the State Board of Education, with the approval of the governor, may do the following:
2053 (1) It may develop and implement plans relating to the building of educational
2054 buildings for the use and benefit of school districts and educational institutions and agencies of
2055 the state. These plans may conform to the requirements of federal legislation to such extent as
2056 the board finds necessary to qualify the state and its educational subdivisions, agencies, and
2057 institutions for federal educational building grants-in-aid.
2058 (2) It may enter into agreements on behalf of the state, its school districts, and its
2059 educational agencies and institutions with the federal government and its agencies, and with the
2060 school districts, educational agencies, and institutions of the state, as necessary to comply with
2061 federal legislation and to secure for them rights of participation as necessary to fulfill the
2062 educational building needs of the state.
2063 (3) It may accept, allocate, disburse, and otherwise deal with federal funds or other
2064 assets that are available for buildings from any federal legislation or program of assistance
2065 among the school districts, public educational agencies, and other public institutions eligible to
2066 participate in those programs.
2067 Section 51. Section 53E-3-710, which is renumbered from Section 53A-20-108 is
2068 renumbered and amended to read:
2069 [
2070 acquire school site or construction of school building -- Local government -- Negotiation
2071 of fees -- Confidentiality.
2072 (1) (a) A school district or charter school shall notify the following without delay prior
2073 to the acquisition of a school site or construction of a school building of the school district's or
2074 charter school's intent to acquire or construct:
2075 (i) an affected local governmental entity;
2076 (ii) the Department of Transportation; and
2077 (iii) as defined in Section 54-2-1, an electrical corporation, gas corporation, or
2078 telephone corporation that provides service or maintains infrastructure within the immediate
2079 area of the proposed site.
2080 (b) (i) Representatives of the local governmental entity, Department of Transportation,
2081 and the school district or charter school shall meet as soon as possible after the notification
2082 under Subsection (1)(a) takes place in order to:
2083 (A) subject to Subsection (1)(b)(ii), review information provided by the school district
2084 or charter school about the proposed acquisition;
2085 (B) discuss concerns that each may have, including potential community impacts and
2086 site safety;
2087 (C) assess the availability of infrastructure for the site; and
2088 (D) discuss any fees that might be charged by the local governmental entity in
2089 connection with a building project.
2090 (ii) The school district or charter school shall provide for review under Subsection
2091 (1)(b)(i) the following information, if available, regarding the proposed acquisition:
2092 (A) potential community impacts;
2093 (B) approximate lot size;
2094 (C) approximate building size and use;
2095 (D) estimated student enrollment;
2096 (E) proposals for ingress and egress, parking, and fire lane location; and
2097 (F) building footprint and location.
2098 (2) (a) After the purchase or an acquisition, but before construction begins:
2099 (i) representatives of the local governmental entity and the school district or charter
2100 school shall meet as soon as possible to review a rough proposed site plan provided by the
2101 school district or charter school, review the information listed in Subsection (1)(b)(ii), and
2102 negotiate any fees that might be charged by the local governmental entity in connection with a
2103 building project;
2104 (ii) (A) the school district or charter school shall submit the rough proposed site plan to
2105 the local governmental entity's design review committee for comments; and
2106 (B) subject to the priority requirement of Subsection 10-9a-305(7)(b), the local
2107 governmental entity's design review committee shall provide comments on the rough proposed
2108 site plan to the school district or charter school no later than 30 days after the day that the plan
2109 is submitted to the design review committee in accordance with this Subsection (2)(a)(ii); and
2110 (iii) the local governmental entity may require that the school district or charter school
2111 provide a traffic study by an independent third party qualified to perform the study if the local
2112 governmental entity determines that traffic flow, congestion, or other traffic concerns may
2113 require the study if otherwise permitted under Subsection 10-9a-305(3)(b).
2114 (b) A review conducted by or comment provided by a local governmental entity design
2115 review committee under Subsection (2)(a) may not be interpreted as an action that completes a
2116 land use application for the purpose of entitling the school district or charter school to a
2117 substantive land use review of a land use application under Section 10-9a-509 or 17-27a-508.
2118 (3) A local governmental entity may not increase a previously agreed-upon fee after the
2119 district or charter school has signed contracts to begin construction.
2120 (4) Prior to the filing of a formal application by the affected school district or charter
2121 school, a local governmental entity may not disclose information obtained from a school
2122 district or charter school regarding the district's or charter school's consideration of, or intent to,
2123 acquire a school site or construct a school building, without first obtaining the consent of the
2124 district or charter school.
2125 (5) Prior to beginning construction on a school site, a school district or charter school
2126 shall submit to the Department of Transportation a child access routing plan as described in
2127 Section [
2128 Section 52. Section 53E-3-711, which is renumbered from Section 53A-20-109 is
2129 renumbered and amended to read:
2130 [
2131 A contract for the construction of a school building shall contain a clause that addresses
2132 the rights of the parties when, after the contract is executed, site conditions are discovered that:
2133 (1) the contractor did not know existed, and could not have reasonably known existed,
2134 at the time that the contract was executed; and
2135 (2) materially impacts the costs of construction.
2136 Section 53. Section 53E-3-801, which is renumbered from Section 53A-1-902 is
2137 renumbered and amended to read:
2138
2139 [
2140 As used in this part:
2141 (1) (a) "Cost" means an estimation of state and local money required to implement a
2142 federal education agreement or national program.
2143 (b) "Cost" does not include capital costs associated with implementing a federal
2144 education agreement or national program.
2145 (2) "Education entities" means the entities that may bear the state and local costs of
2146 implementing a federal program or national program, including:
2147 (a) the State Board of Education;
2148 (b) the state superintendent of public instruction;
2149 (c) a local school board;
2150 (d) a school district and its schools;
2151 (e) a charter school governing board; and
2152 (f) a charter school.
2153 (3) "Federal education agreement" means a legally binding document or representation
2154 that requires a school official to implement a federal program or set of requirements that
2155 originates from the U.S. Department of Education and that has, as a primary focus, an impact
2156 on the educational services at a district or charter school.
2157 (4) "Federal programs" include:
2158 (a) the No Child Left Behind Act;
2159 (b) the Individuals with Disabilities Education Act Amendments of 1997, Public Law
2160 105-17, and subsequent amendments; and
2161 (c) other federal educational programs.
2162 (5) "National program" means a national or multi-state education program, agreement,
2163 or standards that:
2164 (a) originated from, or were received directly or indirectly from, a national or
2165 multi-state organization, coalition, or compact;
2166 (b) have, as a primary focus, an impact on the educational services at a public school;
2167 and
2168 (c) are adopted by the State Board of Education or state superintendent of public
2169 instruction with the intent to cause a local school official to implement the national or
2170 multi-state education program, agreement, or standards.
2171 (6) "No Child Left Behind Act" means the No Child Left Behind Act of 2001, 20
2172 U.S.C. Sec. 6301 et seq.
2173 (7) "School official" includes:
2174 (a) the State Board of Education;
2175 (b) the state superintendent;
2176 (c) employees of the State Board of Education and the state superintendent;
2177 (d) local school boards;
2178 (e) school district superintendents and employees; and
2179 (f) charter school board members, administrators, and employees.
2180 Section 54. Section 53E-3-802, which is renumbered from Section 53A-1-903 is
2181 renumbered and amended to read:
2182 [
2183 (1) School officials may:
2184 (a) apply for, receive, and administer funds made available through programs of the
2185 federal government;
2186 (b) only expend federal funds for the purposes for which they are received and are
2187 accounted for by the state, school district, or charter school; and
2188 (c) reduce or eliminate a program created with or expanded by federal funds to the
2189 extent allowed by law when federal funds for that program are subsequently reduced or
2190 eliminated.
2191 (2) School officials shall:
2192 (a) prioritize resources, especially to resolve conflicts between federal provisions or
2193 between federal and state programs, including:
2194 (i) providing first priority to meeting state goals, objectives, program needs, and
2195 accountability systems as they relate to federal programs; and
2196 (ii) subject to Subsection (4), providing second priority to implementing federal goals,
2197 objectives, program needs, and accountability systems that do not directly and simultaneously
2198 advance state goals, objectives, program needs, and accountability systems;
2199 (b) interpret the provisions of federal programs in the best interest of students in this
2200 state;
2201 (c) maximize local control and flexibility;
2202 (d) minimize additional state resources that are diverted to implement federal programs
2203 beyond the federal money that is provided to fund the programs;
2204 (e) request changes to federal educational programs, especially programs that are
2205 underfunded or provide conflicts with other state or federal programs, including:
2206 (i) federal statutes;
2207 (ii) federal regulations; and
2208 (iii) other federal policies and interpretations of program provisions; and
2209 (f) seek waivers from all possible federal statutes, requirements, regulations, and
2210 program provisions from federal education officials to:
2211 (i) maximize state flexibility in implementing program provisions; and
2212 (ii) receive reasonable time to comply with federal program provisions.
2213 (3) The requirements of school officials under this part, including the responsibility to
2214 lobby federal officials, are not intended to mandate school officials to incur costs or require the
2215 hiring of lobbyists, but are intended to be performed in the course of school officials' normal
2216 duties.
2217 (4) (a) As used in this Subsection (4):
2218 (i) "Available Education Fund revenue surplus" means the Education Fund revenue
2219 surplus after the statutory transfers and set-asides described in Section 63J-1-313.
2220 (ii) "Education Fund revenue surplus" means the same as that term is defined in
2221 Section 63J-1-313.
2222 (b) Before prioritizing the implementation of a future federal goal, objective, program
2223 need, or accountability system that does not directly and simultaneously advance a state goal,
2224 objective, program need, or accountability system, the State Board of Education may:
2225 (i) determine the financial impact of failure to implement the federal goal, objective,
2226 program need, or accountability system; and
2227 (ii) if the State Board of Education determines that failure to implement the federal
2228 goal, objective, program need, or accountability system may result in a financial loss, request
2229 that the Legislature mitigate the financial loss.
2230 (c) A mitigation requested under Subsection (4)(b)(ii) may include appropriating
2231 available Education Fund revenue surplus through an appropriations act, including an
2232 appropriations act passed during a special session called by the governor or a general session.
2233 (d) This mitigation option is in addition to and does not restrict or conflict with the
2234 state's authority provided in this part.
2235 Section 55. Section 53E-3-803, which is renumbered from Section 53A-1-905 is
2236 renumbered and amended to read:
2237 [
2238 agreements or national programs.
2239 A federal education agreement or national program that may cost education entities
2240 more than $500,000 annually from state and local money to implement, that is executed by a
2241 school official in violation of this part, is voidable by the governor or the Legislature as
2242 provided in this part.
2243 Section 56. Section 53E-3-804, which is renumbered from Section 53A-1-906 is
2244 renumbered and amended to read:
2245 [
2246 agreements or national programs.
2247 (1) Before legally binding the state by executing a federal education agreement or
2248 national program that may cost education entities more than $500,000 annually from state and
2249 local money to implement, a school official shall submit the proposed federal education
2250 agreement or national program to the governor for the governor's approval or rejection.
2251 (2) The governor shall approve or reject each federal education agreement or national
2252 program.
2253 (3) (a) If the governor approves the federal education agreement or national program,
2254 the school official may execute the agreement.
2255 (b) If the governor rejects the federal education agreement or national program, the
2256 school official may not execute the agreement.
2257 (4) If a school official executes a federal education agreement or national program
2258 without obtaining the governor's approval under this section, the governor may issue an
2259 executive order declaring the federal education agreement or national program void.
2260 Section 57. Section 53E-3-805, which is renumbered from Section 53A-1-907 is
2261 renumbered and amended to read:
2262 [
2263 education agreements or national programs.
2264 (1) (a) Before legally binding the state by executing a federal education agreement or
2265 national program that may cost education entities more than $1,000,000 annually from state
2266 and local money to implement, the school official shall:
2267 (i) submit the proposed federal education agreement or national program to the
2268 governor for the governor's approval or rejection as required by Section [
2269 53E-3-804; and
2270 (ii) if the governor approves the federal education agreement or national program,
2271 submit the federal education agreement to the Executive Appropriations Committee of the
2272 Legislature for its review and recommendations.
2273 (b) The Executive Appropriations Committee shall review the federal education
2274 agreement or national program and may:
2275 (i) recommend that the school official execute the federal education agreement or
2276 national program;
2277 (ii) recommend that the school official reject the federal education agreement or
2278 national program; or
2279 (iii) recommend to the governor that the governor call a special session of the
2280 Legislature to review and approve or reject the federal education agreement or national
2281 program.
2282 (2) (a) Before legally binding the state by executing a federal education agreement or
2283 national program that may cost education entities more than $5,000,000 annually to implement,
2284 a school official shall:
2285 (i) submit the proposed federal education agreement or national program to the
2286 governor for the governor's approval or rejection as required by Section [
2287 53E-3-804; and
2288 (ii) if the governor approves the federal education agreement or national program,
2289 submit the federal education agreement or national program to the Legislature for its approval
2290 in an annual general session or a special session.
2291 (b) (i) If the Legislature approves the federal education agreement or national program,
2292 the school official may execute the agreement.
2293 (ii) If the Legislature rejects the federal education agreement or national program, the
2294 school official may not execute the agreement.
2295 (c) If a school official executes a federal education agreement or national program
2296 without obtaining the Legislature's approval under this Subsection (2):
2297 (i) the governor may issue an executive order declaring the federal education
2298 agreement or national program void; or
2299 (ii) the Legislature may pass a joint resolution declaring the federal education
2300 agreement or national program void.
2301 Section 58. Section 53E-3-806, which is renumbered from Section 53A-1-908 is
2302 renumbered and amended to read:
2303 [
2304 or national programs.
2305 (1) Before legally binding the state to a federal education agreement or national
2306 program that may cost the state a total of $500,000 or more to implement, a school official
2307 shall estimate the state and local cost of implementing the federal education agreement or
2308 national program and submit that cost estimate to the governor and the Executive
2309 Appropriations Committee of the Legislature.
2310 (2) The Executive Appropriations Committee may:
2311 (a) direct its staff to make an independent cost estimate of the cost of implementing the
2312 federal education agreement or national program; and
2313 (b) affirmatively adopt a cost estimate as the benchmark for determining which
2314 authorizations established by this part are necessary.
2315 Section 59. Section 53E-3-901, which is renumbered from Section 53A-1-1000 is
2316 renumbered and amended to read:
2317
2318 [
2319 Opportunity for Military Children.
2320 This part is known as the "Interstate Compact on Educational Opportunity for Military
2321 Children."
2322 Section 60. Section 53E-3-902, which is renumbered from Section 53A-1-1001 is
2323 renumbered and amended to read:
2324 [
2325 It is the purpose of this compact to remove barriers to educational success imposed on
2326 children of military families because of frequent moves and deployment of their parents by:
2327 (1) facilitating the timely enrollment of children of military families and ensuring that
2328 they are not placed at a disadvantage due to difficulty in the transfer of education records from
2329 the previous school district or variations in entrance or age requirements;
2330 (2) facilitating the student placement process through which children of military
2331 families are not disadvantaged by variations in attendance requirements, scheduling,
2332 sequencing, grading, course content, or assessment;
2333 (3) facilitating the qualification and eligibility for enrollment, educational programs,
2334 and participation in extracurricular academic, athletic, and social activities;
2335 (4) facilitating the on-time graduation of children of military families;
2336 (5) providing for the promulgation and enforcement of administrative rules
2337 implementing the provisions of this compact;
2338 (6) providing for the uniform collection and sharing of information between and among
2339 member states, schools, and military families under this compact;
2340 (7) promoting coordination between this compact and other compacts affecting military
2341 children; and
2342 (8) promoting flexibility and cooperation between the educational system, parents, and
2343 the student in order to achieve educational success for the student.
2344 Section 61. Section 53E-3-903, which is renumbered from Section 53A-1-1002 is
2345 renumbered and amended to read:
2346 [
2347 As used in this compact, unless the context clearly requires a different construction:
2348 (1) "Active duty" means full-time duty status in the active uniformed service of the
2349 United States, including members of the National Guard and Reserve.
2350 (2) "Children of military families" means a school-aged child, enrolled in Kindergarten
2351 through Twelfth grade, in the household of an active duty member.
2352 (3) "Compact commissioner" means the voting representative of each compacting state
2353 appointed pursuant to Article VIII of this compact.
2354 (4) "Deployment" means the period one month prior to the service member's departure
2355 from their home station on military orders through six months after return to their home station.
2356 (5) "Education" or "educational records" means those official records, files, and data
2357 directly related to a student and maintained by the school or local education agency, including
2358 but not limited to records encompassing all the material kept in the student's cumulative folder
2359 such as general identifying data, records of attendance and of academic work completed,
2360 records of achievement and results of evaluative tests, health data, disciplinary status, test
2361 protocols, and individualized education programs.
2362 (6) "Extracurricular activities" means a voluntary activity sponsored by the school or
2363 local education agency or an organization sanctioned by the local education agency.
2364 Extracurricular activities include, but are not limited to, preparation for and involvement in
2365 public performances, contests, athletic competitions, demonstrations, displays, and club
2366 activities.
2367 (7) "Interstate Commission on Educational Opportunity for Military Children" means
2368 the commission that is created in Section [
2369 Interstate Commission.
2370 (8) "Local education agency" means a public authority legally constituted by the state
2371 as an administrative agency to provide control of and direction for Kindergarten through
2372 Twelfth grade public educational institutions.
2373 (9) "Member state" means a state that has enacted this compact.
2374 (10) "Military installation" means a base, camp, post, station, yard, center, homeport
2375 facility for any ship, or other activity under the jurisdiction of the Department of Defense,
2376 including any leased facility, which is located within any of the several states, the District of
2377 Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American
2378 Samoa, the Northern Mariana Islands, and any other U.S. Territory. The term does not include
2379 any facility used primarily for civil works, rivers and harbors projects, or flood control projects.
2380 (11) "Non-member state" means a state that has not enacted this compact.
2381 (12) "Receiving state" means the state to which a child of a military family is sent,
2382 brought, or caused to be sent or brought.
2383 (13) "Rule" means a written statement by the Interstate Commission promulgated
2384 pursuant to Section [
2385 interprets, or prescribes a policy or provision of the compact, or an organizational, procedural,
2386 or practice requirement of the Interstate Commission, and has the force and effect of a rule
2387 promulgated under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and includes
2388 the amendment, repeal, or suspension of an existing rule.
2389 (14) "Sending state" means the state from which a child of a military family is sent,
2390 brought, or caused to be sent or brought.
2391 (15) "State" means a state of the United States, the District of Columbia, the
2392 Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern
2393 Mariana Islands, and any other U.S. Territory.
2394 (16) "Student" means the child of a military family for whom the local education
2395 agency receives public funding and who is formally enrolled in Kindergarten through Twelfth
2396 grade.
2397 (17) "Transition" means:
2398 (a) the formal and physical process of transferring from school to school; or
2399 (b) the period of time in which a student moves from one school in the sending state to
2400 another school in the receiving state.
2401 (18) "Uniformed services" means the same as that term is defined in Section 68-3-12.5.
2402 (19) "Veteran" means a person who served in the uniformed services and who was
2403 discharged or released therefrom under conditions other than dishonorable.
2404 Section 62. Section 53E-3-904, which is renumbered from Section 53A-1-1003 is
2405 renumbered and amended to read:
2406 [
2407 (1) Except as otherwise provided in Subsection (3), this compact shall apply to the
2408 children of:
2409 (a) active duty members of the uniformed services as defined in this compact,
2410 including members of the National Guard and Reserve;
2411 (b) members or veterans of the uniformed services who are severely injured and
2412 medically discharged or retired for a period of one year after medical discharge or retirement;
2413 and
2414 (c) members of the uniformed services who die on active duty or as a result of injuries
2415 sustained on active duty for a period of one year after death.
2416 (2) The provisions of this interstate compact shall only apply to local education
2417 agencies as defined in this compact.
2418 (3) The provisions of this compact do not apply to the children of:
2419 (a) inactive members of the National Guard and military reserves;
2420 (b) members of the uniformed services now retired, except as provided in Subsection
2421 (1); and
2422 (c) veterans of the uniformed services, except as provided in Subsection (1), and other
2423 U.S. Department of Defense personnel and other federal agency civilian and contract
2424 employees not defined as active duty members of the uniformed services.
2425 Section 63. Section 53E-3-905, which is renumbered from Section 53A-1-1004 is
2426 renumbered and amended to read:
2427 [
2428 -- Immunizations -- Grade level entrance.
2429 (1) Unofficial or "hand-carried" education records. In the event that official education
2430 records cannot be released to the parents for the purpose of transfer, the custodian of the
2431 records in the sending state shall prepare and furnish to the parent a complete set of unofficial
2432 educational records containing uniform information as determined by the Interstate
2433 Commission. Upon receipt of the unofficial education records by a school in the receiving
2434 state, the school shall enroll and appropriately place the student based on the information
2435 provided in the unofficial records pending validation by the official records, as quickly as
2436 possible.
2437 (2) Official education records or transcripts. Simultaneous with the enrollment and
2438 conditional placement of the student, the school in the receiving state shall request the student's
2439 official education record from the school in the sending state. Upon receipt of this request, the
2440 school in the sending state will process and furnish the official education records to the school
2441 in the receiving state within 10 days or within such time as is reasonably determined under the
2442 rules promulgated by the Interstate Commission.
2443 (3) Immunizations. Compacting states shall give 30 days from the date of enrollment or
2444 within such time as is reasonably determined under the rules promulgated by the Interstate
2445 Commission, for students to obtain any immunization required by the receiving state. For a
2446 series of immunizations, initial vaccinations must be obtained within 30 days or within such
2447 time as is reasonably determined under the rules promulgated by the Interstate Commission.
2448 (4) Kindergarten and First grade entrance age. Students shall be allowed to continue
2449 their enrollment at grade level in the receiving state commensurate with their grade level,
2450 including Kindergarten, from a local education agency in the sending state at the time of
2451 transition, regardless of age. A student that has satisfactorily completed the prerequisite grade
2452 level in the local education agency in the sending state shall be eligible for enrollment in the
2453 next highest grade level in the receiving state, regardless of age. Students transferring after the
2454 start of the school year in the receiving state shall enter the school in the receiving state on their
2455 validated level from an accredited school in the sending state.
2456 Section 64. Section 53E-3-906, which is renumbered from Section 53A-1-1005 is
2457 renumbered and amended to read:
2458 [
2459 Special education services -- Flexibility -- Absences related to deployment.
2460 (1) When the student transfers before or during the school year, the receiving state
2461 school shall initially honor placement of the student in educational courses based on the
2462 student's enrollment in the sending state school and/or educational assessments conducted at
2463 the school in the sending state if the courses are offered. Course placement includes but is not
2464 limited to Honors, International Baccalaureate, Advanced Placement, vocational, technical, and
2465 career pathways courses. Continuing the student's academic program from the previous school
2466 and promoting placement in academically and career challenging courses should be paramount
2467 when considering placement. This does not preclude the school in the receiving state from
2468 performing subsequent evaluations to ensure appropriate placement and continued enrollment
2469 of the student in the course.
2470 (2) The receiving state school shall initially honor placement of the student in
2471 educational programs based on current educational assessments conducted at the school in the
2472 sending state or participation or placement in like programs in the sending state. Such programs
2473 include, but are not limited to gifted and talented programs and English as a Second Language
2474 (ESL). This does not preclude the school in the receiving state from performing subsequent
2475 evaluations to ensure appropriate placement of the student.
2476 (3) (a) In compliance with the federal requirements of the Individuals with Disabilities
2477 Education Act (IDEA), 20 U.S.C. Section 1400 et seq., the receiving state shall initially
2478 provide comparable services to a student with disabilities based on the student's current
2479 Individualized Education Program (IEP).
2480 (b) In compliance with the requirements of Section 504 of the Rehabilitation Act, 29
2481 U.S.C. Section 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.
2482 Sections 12131-12165, the receiving state shall make reasonable accommodations and
2483 modifications to address the needs of incoming students with disabilities, subject to an existing
2484 504 or Title II Plan, to provide the student with equal access to education. This does not
2485 preclude the school in the receiving state from performing subsequent evaluations to ensure
2486 appropriate placement of the student.
2487 (4) Local education agency administrative officials shall have flexibility in waiving
2488 course or program prerequisites, or other preconditions for placement, in courses or programs
2489 offered under the jurisdiction of the local education agency.
2490 (5) A student whose parent or legal guardian is an active duty member of the
2491 uniformed services, as defined by the compact, and has been called to duty for, is on leave
2492 from, or immediately returned from deployment to a combat zone or combat support posting,
2493 shall be granted additional excused absences at the discretion of the local education agency
2494 superintendent to visit with his or her parent or legal guardian relative to such leave or
2495 deployment of the parent or guardian.
2496 Section 65. Section 53E-3-907, which is renumbered from Section 53A-1-1006 is
2497 renumbered and amended to read:
2498 [
2499 Extracurricular activities.
2500 (1) Special power of attorney, relative to the guardianship of a child of a military
2501 family and executed under applicable law, shall be sufficient for the purposes of enrollment
2502 and all other actions requiring parental participation and consent.
2503 (2) A local education agency shall be prohibited from charging local tuition to a
2504 transitioning military child placed in the care of a non-custodial parent or other person standing
2505 in loco parentis who lives in a jurisdiction other than that of the custodial parent.
2506 (3) A transitioning military child, placed in the care of a non-custodial parent or other
2507 person standing in loco parentis who lives in a jurisdiction other than that of the custodial
2508 parent, may continue to attend the school in which the student was enrolled while residing with
2509 the custodial parent.
2510 (4) State and local education agencies shall facilitate the opportunity for transitioning
2511 military children's inclusion in extracurricular activities, regardless of application deadlines, to
2512 the extent they are otherwise qualified.
2513 Section 66. Section 53E-3-908, which is renumbered from Section 53A-1-1007 is
2514 renumbered and amended to read:
2515 [
2516 -- Senior year transfers.
2517 In order to facilitate the on-time graduation of children of military families, states and
2518 local education agencies shall incorporate the following procedures:
2519 (1) Local education agency administrative officials shall waive specific courses
2520 required for graduation if similar coursework has been satisfactorily completed in another local
2521 education agency or shall provide reasonable justification for denial. Should a waiver not be
2522 granted to a student who would qualify to graduate from the sending school, the local education
2523 agency shall provide an alternative means of acquiring required coursework so that graduation
2524 may occur on time.
2525 (2) States shall accept:
2526 (a) exit or end-of-course exams required for graduation from the sending state;
2527 (b) national norm-referenced achievement tests; or
2528 (c) alternative testing, in lieu of testing requirements for graduation in the receiving
2529 state. In the event the above alternatives cannot be accommodated by the receiving state for a
2530 student transferring in the student's Senior year, then the provisions of Subsection (3) shall
2531 apply.
2532 (3) Should a military student transferring at the beginning or during the student's
2533 Senior year be ineligible to graduate from the receiving local education agency after all
2534 alternatives have been considered, the sending and receiving local education agencies shall
2535 ensure the receipt of a diploma from the sending local education agency, if the student meets
2536 the graduation requirements of the sending local education agency. In the event that one of the
2537 states in question is not a member of this compact, the member state shall use best efforts to
2538 facilitate the on-time graduation of the student in accordance with Subsections (1) and (2).
2539 Section 67. Section 53E-3-909, which is renumbered from Section 53A-1-1008 is
2540 renumbered and amended to read:
2541 [
2542 of State Council.
2543 (1) Each member state shall, through the creation of a State Council or use of an
2544 existing body or board, provide for the coordination among its agencies of government, local
2545 education agencies, and military installations concerning the state's participation in, and
2546 compliance with, this compact and Interstate Commission activities. While each member state
2547 may determine the membership of its own State Council, its membership shall include at least:
2548 (a) the state superintendent of education;
2549 (b) a superintendent of a school district with a high concentration of military children;
2550 (c) a representative from a military installation;
2551 (d) one representative each from the legislative and executive branches of government;
2552 and
2553 (e) other offices and stakeholder groups the State Council considers appropriate.
2554 (2) A member state that does not have a school district that contains a high
2555 concentration of military children may appoint a superintendent from another school district to
2556 represent local education agencies on the State Council.
2557 (3) The State Council of each member state shall appoint or designate a military family
2558 education liaison to assist military families and the state in facilitating the implementation of
2559 this compact.
2560 (4) The compact commissioner responsible for the administration and management of
2561 the state's participation in the compact shall be appointed in accordance with Section
2562 [
2563 (5) The compact commissioner and the designated military family education liaison
2564 shall be ex-officio members of the State Council, unless either is already a full voting member
2565 of the State Council.
2566 Section 68. Section 53E-3-910, which is renumbered from Section 53A-1-1009 is
2567 renumbered and amended to read:
2568 [
2569 (1) The member states hereby create the "Interstate Commission on Educational
2570 Opportunity for Military Children." The activities of the Interstate Commission are the
2571 formation of public policy and are a discretionary state function.
2572 (2) The Interstate Commission shall:
2573 (a) Be a body corporate and joint agency of the member states and have all the
2574 responsibilities, powers, and duties set forth in this compact, and any additional powers as may
2575 be conferred upon it by a subsequent concurrent action of the respective legislatures of the
2576 member states in accordance with the terms of this compact.
2577 (b) Consist of one Interstate Commission voting representative from each member state
2578 who shall be that state's compact commissioner.
2579 (i) Each member state represented at a meeting of the Interstate Commission is entitled
2580 to one vote.
2581 (ii) A majority of the total member states shall constitute a quorum for the transaction
2582 of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
2583 (iii) A representative may not delegate a vote to another member state. In the event the
2584 compact commissioner is unable to attend a meeting of the Interstate Commission, the
2585 Governor or State Council may delegate voting authority to another person from their state for
2586 a specified meeting.
2587 (iv) The bylaws may provide for meetings of the Interstate Commission to be
2588 conducted by telecommunication or electronic communication.
2589 (3) Consist of ex-officio, non-voting representatives who are members of interested
2590 organizations. Such ex-officio members, as defined in the bylaws, may include but not be
2591 limited to, members of the representative organizations of military family advocates, local
2592 education agency officials, parent and teacher groups, the U.S. Department of Defense, the
2593 Education Commission of the States, the Interstate Agreement on the Qualification of
2594 Educational Personnel, and other interstate compacts affecting the education of children of
2595 military members.
2596 (4) Meet at least once each calendar year. The chairperson may call additional meetings
2597 and, upon the request of a simple majority of the member states, shall call additional meetings.
2598 (5) Establish an executive committee, whose members shall include the officers of the
2599 Interstate Commission and other members of the Interstate Commission as determined by the
2600 bylaws. Members of the executive committee shall serve a one-year term. Members of the
2601 executive committee shall be entitled to one vote each. The executive committee shall have the
2602 power to act on behalf of the Interstate Commission, with the exception of rulemaking, during
2603 periods when the Interstate Commission is not in session. The executive committee shall
2604 oversee the day-to-day activities of the administration of the compact including enforcement
2605 and compliance with the provisions of the compact, its bylaws and rules, and other duties
2606 considered necessary. The U.S. Department of Defense shall serve as an ex-officio, nonvoting
2607 member of the executive committee.
2608 (6) Establish bylaws and rules that provide for conditions and procedures under which
2609 the Interstate Commission shall make its information and official records available to the
2610 public for inspection or copying. The Interstate Commission may exempt from disclosure
2611 information or official records to the extent they would adversely affect personal privacy rights
2612 or proprietary interests.
2613 (7) Give public notice of all meetings and all meetings shall be open to the public,
2614 except as set forth in the rules or as otherwise provided in the compact. The Interstate
2615 Commission and its committees may close a meeting, or portion of the meeting, where it
2616 determines by two-thirds vote that an open meeting would be likely to:
2617 (a) relate solely to the Interstate Commission's internal personnel practices and
2618 procedures;
2619 (b) disclose matters specifically exempted from disclosure by federal and state statute;
2620 (c) disclose trade secrets or commercial or financial information which is privileged or
2621 confidential;
2622 (d) involve accusing a person of a crime, or formally censuring a person;
2623 (e) disclose information of a personal nature where disclosure would constitute a
2624 clearly unwarranted invasion of personal privacy;
2625 (f) disclose investigative records compiled for law enforcement purposes; or
2626 (g) specifically relate to the Interstate Commission's participation in a civil action or
2627 other legal proceeding.
2628 (8) Cause its legal counsel or designee to certify that a meeting may be closed and shall
2629 reference each relevant exemptible provision for any meeting, or portion of a meeting, which is
2630 closed pursuant to this provision. The Interstate Commission shall keep minutes which fully
2631 and clearly describe all matters discussed in a meeting and provide a full and accurate summary
2632 of actions taken, and the reasons therefor, including a description of the views expressed and
2633 the record of a roll call vote. All documents considered in connection with an action shall be
2634 identified in the minutes. All minutes and documents of a closed meeting shall remain under
2635 seal, subject to release by a majority vote of the Interstate Commission.
2636 (9) Collect standardized data concerning the educational transition of the children of
2637 military families under this compact as directed through its rules which shall specify the data to
2638 be collected, the means of collection, and data exchange and reporting requirements. Such
2639 methods of data collection, exchange, and reporting shall, as far as is reasonably possible,
2640 conform to current technology and coordinate its information functions with the appropriate
2641 custodian of records as identified in the bylaws and rules.
2642 (10) Create a process that permits military officials, education officials, and parents to
2643 inform the Interstate Commission if and when there are alleged violations of the compact or its
2644 rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by
2645 the state or local education agency. This section may not be construed to create a private right
2646 of action against the Interstate Commission or any member state.
2647 Section 69. Section 53E-3-911, which is renumbered from Section 53A-1-1010 is
2648 renumbered and amended to read:
2649 [
2650 Commission.
2651 The Interstate Commission shall have the following powers:
2652 (1) To provide for dispute resolution among member states.
2653 (2) To promulgate rules and take all necessary actions to effect the goals, purposes, and
2654 obligations enumerated in this compact. The rules shall have the force and effect of rules
2655 promulgated under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and shall be
2656 binding in the compact states to the extent and in the manner provided in this compact.
2657 (3) To issue, upon request of a member state, advisory opinions concerning the
2658 meaning or interpretation of the interstate compact, its bylaws, rules, and actions.
2659 (4) To monitor compliance with the compact provisions, the rules promulgated by the
2660 Interstate Commission, and the bylaws. Any action to enforce compliance with the compact
2661 provision by the Interstate Commission shall be brought against a member state only.
2662 (5) To establish and maintain offices which shall be located within one or more of the
2663 member states.
2664 (6) To purchase and maintain insurance and bonds.
2665 (7) To borrow, accept, hire, or contract for services of personnel.
2666 (8) To establish and appoint committees including, but not limited to, an executive
2667 committee as required by Subsection [
2668 to act on behalf of the Interstate Commission in carrying out its powers and duties.
2669 (9) To elect or appoint officers, attorneys, employees, agents, or consultants, and to fix
2670 their compensation, define their duties and determine their qualifications, and to establish the
2671 Interstate Commission's personnel policies and programs relating to conflicts of interest, rates
2672 of compensation, and qualifications of personnel.
2673 (10) To accept any and all donations and grants of money, equipment, supplies,
2674 materials, and services, and to receive, utilize, and dispose of it.
2675 (11) To lease, purchase, accept contributions, or donations of, or otherwise to own,
2676 hold, improve, or use any property - real, personal, or mixed.
2677 (12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
2678 of any property - real, personal, or mixed.
2679 (13) To establish a budget and make expenditures.
2680 (14) To adopt a seal and bylaws governing the management and operation of the
2681 Interstate Commission.
2682 (15) To report annually to the legislatures, governors, judiciary, and state councils of
2683 the member states concerning the activities of the Interstate Commission during the preceding
2684 year. The reports shall also include any recommendations that may have been adopted by the
2685 Interstate Commission.
2686 (16) To coordinate education, training, and public awareness regarding the compact
2687 and its implementation and operation for officials and parents involved in such activity.
2688 (17) To establish uniform standards for the reporting, collecting, and exchanging of
2689 data.
2690 (18) To maintain corporate books and records in accordance with the bylaws.
2691 (19) To perform any functions necessary or appropriate to achieve the purposes of this
2692 compact.
2693 (20) To provide for the uniform collection and sharing of information between and
2694 among member states, schools, and military families under this compact.
2695 Section 70. Section 53E-3-912, which is renumbered from Section 53A-1-1011 is
2696 renumbered and amended to read:
2697 [
2698 Interstate Commission -- Executive committee -- Officers -- Personnel.
2699 (1) The Interstate Commission shall, by a majority of the members present and voting,
2700 within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its
2701 conduct as necessary or appropriate to carry out the purposes of the compact, including, but not
2702 limited to:
2703 (a) establishing the fiscal year of the Interstate Commission;
2704 (b) establishing an executive committee, and other committees as necessary;
2705 (c) providing for the establishment of committees and for governing any general or
2706 specific delegation of authority or function of the Interstate Commission;
2707 (d) providing reasonable procedures for calling and conducting meetings of the
2708 Interstate Commission, and ensuring reasonable notice of each meeting;
2709 (e) establishing the titles and responsibilities of the officers and staff of the Interstate
2710 Commission;
2711 (f) providing a mechanism for concluding the operations of the Interstate Commission
2712 and the return of surplus funds that may exist upon the termination of the compact after the
2713 payment and reserving of all of its debts and obligations; and
2714 (g) providing start up rules for initial administration of the compact.
2715 (2) The Interstate Commission shall, by a majority of the members, elect annually from
2716 among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have
2717 the authority and duties specified in the bylaws. The chairperson or, in the chairperson's
2718 absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate
2719 Commission. The officers so elected shall serve without compensation or remuneration from
2720 the Interstate Commission; provided that, subject to the availability of budgeted funds, the
2721 officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in
2722 the performance of their responsibilities as officers of the Interstate Commission.
2723 (3) The executive committee shall have the authority and duties set forth in the bylaws,
2724 including, but not limited to:
2725 (a) managing the affairs of the Interstate Commission in a manner consistent with the
2726 bylaws and purposes of the Interstate Commission;
2727 (b) overseeing an organizational structure within, and appropriate procedures for the
2728 Interstate Commission to provide for the creation of rules, operating procedures, and
2729 administrative and technical support functions; and
2730 (c) planning, implementing, and coordinating communications and activities with other
2731 state, federal, and local government organizations in order to advance the goals of the Interstate
2732 Commission.
2733 (4) The executive committee may, subject to the approval of the Interstate
2734 Commission, appoint or retain an executive director for such period, upon such terms and
2735 conditions and for such compensation, as the Interstate Commission may consider appropriate.
2736 The executive director shall serve as secretary to the Interstate Commission, but may not be a
2737 member of the Interstate Commission. The executive director shall hire and supervise other
2738 persons authorized by the Interstate Commission.
2739 (5) The Interstate Commission's executive director and its employees shall be immune
2740 from suit and liability, either personally or in their official capacity, for a claim for damage to
2741 or loss of property or personal injury or other civil liability caused or arising out of or relating
2742 to an actual or alleged act, error, or omission that occurred, or that the person had a reasonable
2743 basis for believing occurred, within the scope of Interstate Commission employment, duties, or
2744 responsibilities; provided that, the person may not be protected from suit or liability for
2745 damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of
2746 the person.
2747 (a) The liability of the Interstate Commission's executive director and employees or
2748 Interstate Commission representatives, acting within the scope of the person's employment or
2749 duties for acts, errors, or omissions occurring within the person's state may not exceed the
2750 limits of liability set forth under the constitution and laws of that state for state officials,
2751 employees, and agents. The Interstate Commission is considered to be an instrumentality of the
2752 states for the purposes of any action. Nothing in this Subsection (5)(a) shall be construed to
2753 protect a person from suit or liability for damage, loss, injury, or liability caused by the
2754 intentional or willful and wanton misconduct of the person.
2755 (b) The Interstate Commission shall defend the executive director and its employees
2756 and, subject to the approval of the Attorney General or other appropriate legal counsel of the
2757 member state represented by an Interstate Commission representative, shall defend the
2758 Interstate Commission representative in any civil action seeking to impose liability arising out
2759 of an actual or alleged act, error, or omission that occurred within the scope of Interstate
2760 Commission employment, duties, or responsibilities, or that the defendant had a reasonable
2761 basis for believing occurred within the scope of Interstate Commission employment, duties, or
2762 responsibilities; provided that, the actual or alleged act, error, or omission did not result from
2763 intentional or willful and wanton misconduct on the part of the person.
2764 (c) To the extent not covered by the state involved, the member state, or the Interstate
2765 Commission, the representatives or employees of the Interstate Commission shall be held
2766 harmless in the amount of a settlement or judgment, including attorney fees and costs, obtained
2767 against a person arising out of an actual or alleged act, error, or omission that occurred within
2768 the scope of Interstate Commission employment, duties, or responsibilities, or that the person
2769 had a reasonable basis for believing occurred within the scope of Interstate Commission
2770 employment, duties, or responsibilities; provided that, the actual or alleged act, error, or
2771 omission did not result from intentional or willful and wanton misconduct on the part of the
2772 person.
2773 Section 71. Section 53E-3-913, which is renumbered from Section 53A-1-1012 is
2774 renumbered and amended to read:
2775 [
2776 Procedure -- Review -- Rejection by Legislature.
2777 (1) The Interstate Commission shall promulgate reasonable rules in order to effectively
2778 and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the
2779 event the Interstate Commission exercises its rulemaking authority in a manner that is beyond
2780 the scope of the purposes of this compact, or the powers granted in accordance with this
2781 compact, then the action by the Interstate Commission shall be invalid and have no force or
2782 effect.
2783 (2) Rules shall be made pursuant to a rulemaking process that substantially conforms to
2784 the Model State Administrative Procedure Act, of 1981, Uniform Laws Annotated, Vol. 15, p.1
2785 (2000) as amended, as may be appropriate to the operations of the Interstate Commission.
2786 (3) Not later than 30 days after a rule is promulgated, any person may file a petition for
2787 judicial review of the rule; provided that, the filing of a petition may not stay or otherwise
2788 prevent the rule from becoming effective unless the court finds that the petitioner has a
2789 substantial likelihood of success. The court shall give deference to the actions of the Interstate
2790 Commission consistent with applicable law and may not find the rule to be unlawful if the rule
2791 represents a reasonable exercise of the Interstate Commission's authority.
2792 (4) If a majority of the legislatures of the compacting states rejects a rule by enactment
2793 of a statute or resolution in the same manner used to adopt the compact, then the rule shall have
2794 no further force and effect in any compacting state.
2795 Section 72. Section 53E-3-914, which is renumbered from Section 53A-1-1013 is
2796 renumbered and amended to read:
2797 [
2798 Dispute resolution -- Default -- Technical assistance -- Suspension -- Termination.
2799 (1) Each member state shall enforce this compact to effectuate the compact's purposes
2800 and intent. The provisions of this compact and the rules promulgated in accordance with the
2801 compact shall have standing as a rule promulgated under Title 63G, Chapter 3, Utah
2802 Administrative Rulemaking Act.
2803 (2) All courts shall take judicial notice of the compact and the rules in any judicial or
2804 administrative proceeding in a member state pertaining to the subject matter of this compact
2805 which may affect the powers, responsibilities, or actions of the Interstate Commission.
2806 (3) The Interstate Commission shall be entitled to receive all service of process in any
2807 proceeding, and have standing to intervene in the proceeding for all purposes. Failure to
2808 provide service of process to the Interstate Commission shall render a judgment or order void
2809 as to the Interstate Commission, this compact, or promulgated rules.
2810 (4) If the Interstate Commission determines that a member state has defaulted in the
2811 performance of its obligations or responsibilities under this compact, or the bylaws or
2812 promulgated rules, the Interstate Commission shall:
2813 (a) Provide written notice to the defaulting state and other member states, of the nature
2814 of the default, the means of curing the default, and any action taken by the Interstate
2815 Commission. The Interstate Commission shall specify the conditions by which the defaulting
2816 state shall cure its default.
2817 (b) Provide remedial training and specific technical assistance regarding the default.
2818 (5) If the defaulting state fails to cure the default, the defaulting state shall be
2819 terminated from the compact upon an affirmative vote of a majority of the member states and
2820 all rights, privileges, and benefits conferred by this compact shall be terminated from the
2821 effective date of termination. A cure of the default does not relieve the offending state of
2822 obligations or liabilities incurred during the period of the default.
2823 (6) Suspension or termination of membership in the compact shall be imposed only
2824 after all other means of securing compliance have been exhausted. Notice of intent to suspend
2825 or terminate shall be given by the Interstate Commission to the Governor, the majority and
2826 minority leaders of the defaulting state's legislature, and each of the member states.
2827 (7) The state which has been suspended or terminated is responsible for all
2828 assessments, obligations, and liabilities incurred through the effective date of suspension or
2829 termination, not to exceed $5,000 per year, as provided in Subsection [
2830 53E-3-915(5), for each year that the state is a member of the compact.
2831 (8) The Interstate Commission may not bear any costs relating to any state that has
2832 been found to be in default or which has been suspended or terminated from the compact,
2833 unless otherwise mutually agreed upon in writing between the Interstate Commission and the
2834 defaulting state.
2835 (9) The defaulting state may appeal the action of the Interstate Commission by
2836 petitioning the U.S. District Court for the District of Columbia or the federal district where the
2837 Interstate Commission has its principal offices. The prevailing party shall be awarded all costs
2838 of the litigation including reasonable attorney fees.
2839 (10) The Interstate Commission shall attempt, upon the request of a member state, to
2840 resolve disputes which are subject to the compact and which may arise among member states
2841 and between member and non-member states.
2842 (11) The Interstate Commission shall promulgate a rule providing for both mediation
2843 and binding dispute resolution for disputes as appropriate.
2844 Section 73. Section 53E-3-915, which is renumbered from Section 53A-1-1014 is
2845 renumbered and amended to read:
2846 [
2847 Commission.
2848 (1) The Interstate Commission shall pay or provide for the payment of the reasonable
2849 expenses of its establishment, organization, and ongoing activities.
2850 (2) In accordance with the funding limit established in Subsection (5), the Interstate
2851 Commission may levy and collect an annual assessment from each member state to cover the
2852 cost of the operations and activities of the Interstate Commission and its staff which shall be in
2853 a total amount sufficient to cover the Interstate Commission's annual budget as approved each
2854 year. The aggregate annual assessment amount shall be allocated based upon a formula to be
2855 determined by the Interstate Commission, which shall promulgate a rule binding upon all
2856 member states.
2857 (3) The Interstate Commission may not incur obligations of any kind prior to securing
2858 the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of
2859 any of the member states, except by and with the authority of the member state.
2860 (4) The Interstate Commission shall keep accurate accounts of all receipts and
2861 disbursements. The receipts and disbursements of the Interstate Commission shall be subject to
2862 the audit and accounting procedures established under its bylaws. However, all receipts and
2863 disbursements of funds handled by the Interstate Commission shall be audited yearly by a
2864 certified or licensed public accountant and the report of the audit shall be included in and
2865 become part of the annual report of the Interstate Commission.
2866 (5) The Interstate Commission may not assess, levy, or collect more than $5,000 per
2867 year from Utah legislative appropriations. Other funding sources may be accepted and used to
2868 offset expenses related to the state's participation in the compact.
2869 Section 74. Section 53E-3-916, which is renumbered from Section 53A-1-1015 is
2870 renumbered and amended to read:
2871 [
2872 Amendments.
2873 (1) Any state is eligible to become a member state.
2874 (2) The compact shall become effective and binding upon legislative enactment of the
2875 compact into law by no less than 10 of the states. The effective date shall be no earlier than
2876 December 1, 2007. Thereafter it shall become effective and binding as to any other member
2877 state upon enactment of the compact into law by that state. The governors of non-member
2878 states or their designees shall be invited to participate in the activities of the Interstate
2879 Commission on a non-voting basis prior to adoption of the compact by all states.
2880 (3) The Interstate Commission may propose amendments to the compact for enactment
2881 by the member states. No amendment shall become effective and binding upon the Interstate
2882 Commission and the member states unless and until it is enacted into law by unanimous
2883 consent of the member states.
2884 Section 75. Section 53E-3-917, which is renumbered from Section 53A-1-1016 is
2885 renumbered and amended to read:
2886 [
2887 (1) Once effective, the compact shall continue in force and remain binding upon each
2888 and every member state; provided that, a member state may withdraw from the compact by
2889 specifically repealing the statute which enacted the compact into law.
2890 (2) Withdrawal from this compact shall be by the enactment of a statute repealing the
2891 same.
2892 (3) The withdrawing state shall immediately notify the chairperson of the Interstate
2893 Commission in writing upon the introduction of legislation repealing this compact in the
2894 withdrawing state. The Interstate Commission shall notify the other member states of the
2895 withdrawing state's intent to withdraw within 60 days of its receipt of the notification.
2896 (4) The withdrawing state is responsible for all assessments, obligations, and liabilities
2897 incurred through the effective date of withdrawal, not to exceed $5,000 per year, as provided in
2898 Subsection [
2899 compact.
2900 (5) Reinstatement following withdrawal of a member state shall occur upon the
2901 withdrawing state reenacting the compact or upon a later date determined by the Interstate
2902 Commission.
2903 (6) This compact shall dissolve effective upon the date of the withdrawal or default of
2904 a member state which reduces the membership in the compact to one member state.
2905 (7) Upon the dissolution of this compact, the compact becomes null and void and shall
2906 be of no further force or effect. The business and affairs of the Interstate Commission shall be
2907 concluded and surplus funds shall be distributed in accordance with the bylaws.
2908 Section 76. Section 53E-3-918, which is renumbered from Section 53A-1-1017 is
2909 renumbered and amended to read:
2910 [
2911 (1) The provisions of this compact shall be severable, and if any phrase, clause,
2912 sentence, or provision is considered unenforceable, the remaining provisions of the compact
2913 shall be enforceable.
2914 (2) The provisions of this compact shall be liberally construed to effectuate its
2915 purposes.
2916 (3) Nothing in this compact shall be construed to prohibit the applicability of other
2917 interstate compacts to which the states are members.
2918 Section 77. Section 53E-3-919, which is renumbered from Section 53A-1-1018 is
2919 renumbered and amended to read:
2920 [
2921 Other state laws.
2922 (1) Nothing in this compact prevents the enforcement of any other law of a member
2923 state.
2924 (2) All lawful actions of the Interstate Commission, including all rules and bylaws
2925 promulgated by the Interstate Commission, are binding upon the member states.
2926 (3) All agreements between the Interstate Commission and the member states are
2927 binding in accordance with their terms.
2928 (4) In the event any provision of this compact exceeds the statutory or constitutional
2929 limits imposed on the legislature of any member state, that provision shall be ineffective to the
2930 extent of the conflict with the statutory or constitutional provision in question in that member
2931 state.
2932 Section 78. Section 53E-3-920, which is renumbered from Section 53A-1-1019 is
2933 renumbered and amended to read:
2934 [
2935 (1) There is established a State Council on Military Children, as required in Section
2936 [
2937 (2) The members of the State Council on Military Children shall include:
2938 (a) the state superintendent of public instruction;
2939 (b) a superintendent of a school district with a high concentration of military children
2940 appointed by the governor;
2941 (c) a representative from a military installation, appointed by the governor;
2942 (d) one member of the House of Representatives, appointed by the speaker of the
2943 House;
2944 (e) one member of the Senate, appointed by the president of the Senate;
2945 (f) a representative from the Department of Veterans' and Military Affairs, appointed
2946 by the governor;
2947 (g) a military family education liaison, appointed by the members listed in Subsections
2948 (2)(a) through (f);
2949 (h) the compact commissioner, appointed in accordance with Section [
2950 53E-3-921; and
2951 (i) other members as determined by the governor.
2952 (3) The State Council on Military Children shall carry out the duties established in
2953 Section [
2954 (4) (a) A member who is not a legislator may not receive compensation or per diem.
2955 (b) Compensation and expenses of a member who is a legislator are governed by
2956 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
2957 Section 79. Section 53E-3-921, which is renumbered from Section 53A-1-1020 is
2958 renumbered and amended to read:
2959 [
2960 The governor, with the consent of the Senate, shall appoint a compact commissioner to
2961 carry out the duties described in this part.
2962 Section 80. Section 53E-4-101 is enacted to read:
2963
2964
2965 53E-4-101. Title.
2966 This chapter is known as "Academic Standards, Assessments, and Materials."
2967 Section 81. Section 53E-4-201 is enacted to read:
2968
2969 53E-4-201. Definitions.
2970 Reserved
2971 Section 82. Section 53E-4-202, which is renumbered from Section 53A-1-402.6 is
2972 renumbered and amended to read:
2973 [
2974 (1) (a) In establishing minimum standards related to curriculum and instruction
2975 requirements under Section [
2976 consultation with local school boards, school superintendents, teachers, employers, and parents
2977 implement core standards for Utah public schools that will enable students to, among other
2978 objectives:
2979 (i) communicate effectively, both verbally and through written communication;
2980 (ii) apply mathematics; and
2981 (iii) access, analyze, and apply information.
2982 (b) Except as provided in this [
2983 Education may recommend but may not require a local school board or charter school
2984 governing board to use:
2985 (i) a particular curriculum or instructional material; or
2986 (ii) a model curriculum or instructional material.
2987 (2) The State Board of Education shall, in establishing the core standards for Utah
2988 public schools:
2989 (a) identify the basic knowledge, skills, and competencies each student is expected to
2990 acquire or master as the student advances through the public education system; and
2991 (b) align with each other the core standards for Utah public schools and the
2992 assessments described in Section [
2993 (3) The basic knowledge, skills, and competencies identified pursuant to Subsection
2994 (2)(a) shall increase in depth and complexity from year to year and focus on consistent and
2995 continual progress within and between grade levels and courses in the basic academic areas of:
2996 (a) English, including explicit phonics, spelling, grammar, reading, writing,
2997 vocabulary, speech, and listening; and
2998 (b) mathematics, including basic computational skills.
2999 (4) Before adopting core standards for Utah public schools, the State Board of
3000 Education shall:
3001 (a) publicize draft core standards for Utah public schools on the State Board of
3002 Education's website and the Utah Public Notice website created under Section 63F-1-701;
3003 (b) invite public comment on the draft core standards for Utah public schools for a
3004 period of not less than 90 days; and
3005 (c) conduct three public hearings that are held in different regions of the state on the
3006 draft core standards for Utah public schools.
3007 (5) Local school boards shall design their school programs, that are supported by
3008 generally accepted scientific standards of evidence, to focus on the core standards for Utah
3009 public schools with the expectation that each program will enhance or help achieve mastery of
3010 the core standards for Utah public schools.
3011 (6) Except as provided in Section [
3012 instructional materials and methods of teaching, that are supported by generally accepted
3013 scientific standards of evidence, that the school considers most appropriate to meet the core
3014 standards for Utah public schools.
3015 (7) The state may exit any agreement, contract, memorandum of understanding, or
3016 consortium that cedes control of the core standards for Utah public schools to any other entity,
3017 including a federal agency or consortium, for any reason, including:
3018 (a) the cost of developing or implementing the core standards for Utah public schools;
3019 (b) the proposed core standards for Utah public schools are inconsistent with
3020 community values; or
3021 (c) the agreement, contract, memorandum of understanding, or consortium:
3022 (i) was entered into in violation of [
3023 National Education Programs [
3024 (ii) conflicts with Utah law;
3025 (iii) requires Utah student data to be included in a national or multi-state database;
3026 (iv) requires records of teacher performance to be included in a national or multi-state
3027 database; or
3028 (v) imposes curriculum, assessment, or data tracking requirements on home school or
3029 private school students.
3030 (8) The State Board of Education shall annually report to the Education Interim
3031 Committee on the development and implementation of the core standards for Utah public
3032 schools, including the time line established for the review of the core standards for Utah public
3033 schools by a standards review committee and the recommendations of a standards review
3034 committee established under Section [
3035 Section 83. Section 53E-4-203, which is renumbered from Section 53A-1-402.8 is
3036 renumbered and amended to read:
3037 [
3038 (1) As used in this section, "board" means the State Board of Education.
3039 (2) Subject to Subsection (5), the State Board of Education shall establish:
3040 (a) a time line for the review by a standards review committee of the core standards for
3041 Utah public schools for:
3042 (i) English language arts;
3043 (ii) mathematics;
3044 (iii) science;
3045 (iv) social studies;
3046 (v) fine arts;
3047 (vi) physical education and health; and
3048 (vii) early childhood education; and
3049 (b) a separate standards review committee for each subject area specified in Subsection
3050 (2)(a) to review, and recommend to the board revisions to, the core standards for Utah public
3051 schools.
3052 (3) At least one year before the board takes formal action to adopt new core standards
3053 for Utah public schools, the board shall establish a standards review committee as required by
3054 Subsection (2)(b).
3055 (4) A standards review committee shall meet at least twice during the time period
3056 described in Subsection (3).
3057 (5) In establishing a time line for the review of core standards for Utah public schools
3058 by a standards review committee, the board shall give priority to establishing a standards
3059 review committee to review, and recommend revisions to, the mathematics core standards for
3060 Utah public schools.
3061 (6) The membership of a standards review committee consists of:
3062 (a) seven individuals, with expertise in the subject being reviewed, appointed by the
3063 board chair, including teachers, business representatives, faculty of higher education
3064 institutions in Utah, and others as determined by the board chair;
3065 (b) five parents or guardians of public education students appointed by the speaker of
3066 the House of Representatives; and
3067 (c) five parents or guardians of public education students appointed by the president of
3068 the Senate.
3069 (7) The board shall provide staff support to the standards review committee.
3070 (8) A member of the standards review committee may not receive compensation or
3071 benefits for the member's service on the committee.
3072 (9) Among the criteria a standards review committee shall consider when reviewing the
3073 core standards for Utah public schools is giving students an adequate foundation to
3074 successfully pursue college, technical education, a career, or other life pursuits.
3075 (10) A standards review committee shall submit, to the board, comments and
3076 recommendations for revision of the core standards for Utah public schools.
3077 (11) The board shall take into consideration the comments and recommendations of a
3078 standards review committee in adopting the core standards for Utah public schools.
3079 (12) (a) Nothing in this section prohibits the board from amending or adding individual
3080 core standards for Utah public schools as the need arises in the board's ongoing responsibilities.
3081 (b) If the board makes changes as described in Subsection (12)(a), the board shall
3082 include the changes in the annual report the board submits to the Education Interim Committee
3083 under Section [
3084 Section 84. Section 53E-4-204, which is renumbered from Section 53A-13-108 is
3085 renumbered and amended to read:
3086 [
3087 (1) The State Board of Education shall establish rigorous core standards for Utah
3088 public schools and graduation requirements under Section [
3089 through 12 that:
3090 (a) are consistent with state law and federal regulations; and
3091 (b) beginning no later than with the graduating class of 2008:
3092 (i) use competency-based standards and assessments;
3093 (ii) include instruction that stresses general financial literacy from basic budgeting to
3094 financial investments, including bankruptcy education and a general financial literacy test-out
3095 option; and
3096 (iii) increase graduation requirements in language arts, mathematics, and science to
3097 exceed the existing credit requirements of 3.0 units in language arts, 2.0 units in mathematics,
3098 and 2.0 units in science.
3099 (2) The State Board of Education shall also establish competency-based standards and
3100 assessments for elective courses.
3101 (3) On or before July 1, 2014, the State Board of Education shall adopt revised course
3102 standards and objectives for the course of instruction in general financial literacy described in
3103 Subsection (1)(b) that address:
3104 (a) the costs of going to college, student loans, scholarships, and the Free Application
3105 for Federal Student Aid (FAFSA); and
3106 (b) technology that relates to banking, savings, and financial products.
3107 (4) The State Board of Education shall administer the course of instruction in general
3108 financial literacy described in Subsection (1)(b) in the same manner as other core standards for
3109 Utah public schools courses for grades 9 through 12 are administered.
3110 Section 85. Section 53E-4-205, which is renumbered from Section 53A-13-109.5 is
3111 renumbered and amended to read:
3112 [
3113 (1) As used in this section:
3114 (a) "Adult education program" means an organized educational program below the
3115 postsecondary level, other than a regular full-time K-12 secondary education program,
3116 provided by an LEA or nonprofit organization that provides the opportunity for an adult to
3117 further the adult's high school level education.
3118 (b) "Basic civics test" means a test that includes 50 of the 100 questions on the civics
3119 test form used by the United States Citizenship and Immigration Services:
3120 (i) to determine that an individual applying for United States citizenship meets the
3121 basic citizenship skills specified in 8 U.S.C. Sec. 1423; and
3122 (ii) in accordance with 8 C.F.R. Sec. 312.2.
3123 (c) "Board" means the State Board of Education.
3124 (d) "LEA" means:
3125 (i) a school district;
3126 (ii) a charter school; or
3127 (iii) the Utah Schools for the Deaf and the Blind.
3128 (2) (a) Except as provided in Subsection (2)(b), the board shall require:
3129 (i) a public school student who graduates on or after January 1, 2016, to pass a basic
3130 civics test as a condition for receiving a high school diploma; and
3131 (ii) a student enrolled in an adult education program to pass a basic civics test as a
3132 condition for receiving an adult education secondary diploma.
3133 (b) The board may require a public school student to pass an alternate assessment
3134 instead of a basic civics test if the student qualifies for an alternate assessment, as defined in
3135 board rule.
3136 (3) An individual who correctly answers a minimum of 35 out of the 50 questions on a
3137 basic civics test passes the test and an individual who correctly answers fewer than 35 out of 50
3138 questions on a basic civics test does not pass the test.
3139 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3140 board shall make rules that:
3141 (a) require an LEA that serves secondary students to administer a basic civics test or
3142 alternate assessment to a public school student enrolled in the LEA;
3143 (b) require an adult education program provider to administer a basic civics test to an
3144 individual who intends to receive an adult education secondary diploma;
3145 (c) allow an individual to take a basic civics test as many times as needed in order to
3146 pass the test; and
3147 (d) for the alternate assessment described in Subsection (2)(b), describe:
3148 (i) the content of an alternate assessment;
3149 (ii) how a public school student qualifies for an alternate assessment; and
3150 (iii) how an LEA determines if a student passes an alternate assessment.
3151 Section 86. Section 53E-4-206, which is renumbered from Section 53A-1-1302 is
3152 renumbered and amended to read:
3153 [
3154 competency standards.
3155 (1) As used in this section, "qualifying score" means a score established as described in
3156 Subsection (4), that, if met by a student, qualifies the student to receive college credit for a
3157 mathematics course that satisfies the state system of higher education quantitative literacy
3158 requirement.
3159 (2) The State Board of Education shall, in accordance with Title 63G, Chapter 3, Utah
3160 Administrative Rulemaking Act, make rules that:
3161 (a) (i) establish the mathematics competency standards described in Subsection (3) as a
3162 graduation requirement beginning with the 2016-17 school year; and
3163 (ii) include the qualifying scores described in Subsection (4); and
3164 (b) establish systematic reporting of college and career ready mathematics
3165 achievement.
3166 (3) In addition to other graduation requirements established by the State Board of
3167 Education, a student shall fulfill one of the following requirements to demonstrate mathematics
3168 competency that supports the student's future college and career goals as outlined in the
3169 student's college and career plan:
3170 (a) for a student pursuing a college degree after graduation:
3171 (i) receive a score that at least meets the qualifying score for:
3172 (A) an Advanced Placement calculus or statistics exam;
3173 (B) an International Baccalaureate higher level mathematics exam;
3174 (C) a college-level math placement test described in Subsection (5);
3175 (D) a College Level Examination Program precalculus or calculus exam; or
3176 (E) the ACT Mathematics Test; or
3177 (ii) receive at least a "C" grade in a concurrent enrollment mathematics course that
3178 satisfies the state system of higher education quantitative literacy requirement;
3179 (b) for a non college degree-seeking student, the student shall complete appropriate
3180 math competencies for the student's career goals as described in the student's college and career
3181 plan;
3182 (c) for a student with an individualized education program prepared in accordance with
3183 the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., the student shall
3184 meet the mathematics standards described in the student's individualized education program; or
3185 (d) for a senior student with special circumstances as described in State Board of
3186 Education rule, the student shall fulfill a requirement associated with the student's special
3187 circumstances, as established in State Board of Education rule.
3188 (4) The State Board of Regents shall, in consultation with the State Board of
3189 Education, determine qualifying scores for the tests and exams described in Subsection
3190 (3)(a)(i).
3191 (5) The State Board of Regents, established in Section 53B-1-103, shall make a policy
3192 to select at least two tests for college-level math placement.
3193 (6) The State Board of Regents shall, in consultation with the State Board of
3194 Education, make policies to:
3195 (a) develop mechanisms for a student who completes a math competency requirement
3196 described in Subsection (3)(a) to:
3197 (i) receive college credit; and
3198 (ii) satisfy the state system of higher education quantitative literacy requirement;
3199 (b) allow a student, upon completion of required high school mathematics courses with
3200 at least a "C" grade, entry into a mathematics concurrent enrollment course;
3201 (c) increase access to a range of mathematics concurrent enrollment courses;
3202 (d) establish a consistent concurrent enrollment course approval process; and
3203 (e) establish a consistent process to qualify high school teachers with an upper level
3204 mathematics endorsement to teach entry level mathematics concurrent enrollment courses.
3205 Section 87. Section 53E-4-301, which is renumbered from Section 53A-1-602 is
3206 renumbered and amended to read:
3207
3208 [
3209 As used in this part:
3210 (1) "Board" means the State Board of Education.
3211 (2) "Core standards for Utah public schools" means the standards established by the
3212 board as described in Section [
3213 (3) "Individualized education program" or "IEP" means a written statement for a
3214 student with a disability that is developed, reviewed, and revised in accordance with the
3215 Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
3216 (4) "Statewide assessment" means one or more of the following, as applicable:
3217 (a) a standards assessment described in Section [
3218 (b) a high school assessment described in Section [
3219 (c) a college readiness assessment described in Section [
3220 (d) an assessment of students in grade 3 to measure reading grade level described in
3221 Section [
3222 Section 88. Section 53E-4-301.5, which is renumbered from Section 53A-1-601 is
3223 renumbered and amended to read:
3224 [
3225 (1) In enacting this part, the Legislature intends to determine the effectiveness of school
3226 districts and schools in assisting students to master the fundamental educational skills toward
3227 which instruction is directed.
3228 (2) The board shall ensure that a statewide assessment provides the public, the
3229 Legislature, the board, school districts, public schools, and school teachers with:
3230 (a) evaluative information regarding the various levels of proficiency achieved by
3231 students, so that they may have an additional tool to plan, measure, and evaluate the
3232 effectiveness of programs in the public schools; and
3233 (b) information to recognize excellence and to identify the need for additional resources
3234 or to reallocate educational resources in a manner to ensure educational opportunities for all
3235 students and to improve existing programs.
3236 Section 89. Section 53E-4-302, which is renumbered from Section 53A-1-603 is
3237 renumbered and amended to read:
3238 [
3239 Education.
3240 (1) The board shall:
3241 (a) require the state superintendent of public instruction to:
3242 (i) submit and recommend statewide assessments to the board for adoption by the
3243 board; and
3244 (ii) distribute the statewide assessments adopted by the board to a school district or
3245 charter school;
3246 (b) provide for the state to participate in the National Assessment of Educational
3247 Progress state-by-state comparison testing program; and
3248 (c) require a school district or charter school to administer statewide assessments.
3249 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3250 board shall make rules for the administration of statewide assessments.
3251 (3) The board shall ensure that statewide assessments are administered in compliance
3252 with the requirements of [
3253
3254 Section 90. Section 53E-4-303, which is renumbered from Section 53A-1-604 is
3255 renumbered and amended to read:
3256 [
3257 Review committee.
3258 (1) As used in this section, "computer adaptive assessment" means an assessment that
3259 measures the range of a student's ability by adapting to the student's responses, selecting more
3260 difficult or less difficult questions based on the student's responses.
3261 (2) The board shall:
3262 (a) adopt a standards assessment that:
3263 (i) measures a student's proficiency in:
3264 (A) mathematics for students in each of grades 3 through 8;
3265 (B) English language arts for students in each of grades 3 through 8;
3266 (C) science for students in each of grades 4 through 8; and
3267 (D) writing for students in at least grades 5 and 8; and
3268 (ii) except for the writing measurement described in Subsection (2)(a)(i)(D), is a
3269 computer adaptive assessment; and
3270 (b) ensure that an assessment described in Subsection (2)(a) is:
3271 (i) a criterion referenced assessment;
3272 (ii) administered online;
3273 (iii) aligned with the core standards for Utah public schools; and
3274 (iv) adaptable to competency-based education as defined in Section [
3275 53F-5-501.
3276 (3) A school district or charter school shall annually administer the standards
3277 assessment adopted by the board under Subsection (2) to all students in the subjects and grade
3278 levels described in Subsection (2).
3279 (4) A student's score on the standards assessment adopted under Subsection (2) may
3280 not be considered in determining:
3281 (a) the student's academic grade for a course; or
3282 (b) whether the student may advance to the next grade level.
3283 (5) (a) The board shall establish a committee consisting of 15 parents of Utah public
3284 education students to review all standards assessment questions.
3285 (b) The committee established in Subsection (5)(a) shall include the following parent
3286 members:
3287 (i) five members appointed by the chair of the board;
3288 (ii) five members appointed by the speaker of the House of Representatives or the
3289 speaker's designee; and
3290 (iii) five members appointed by the president of the Senate or the president's designee.
3291 (c) The board shall provide staff support to the parent committee.
3292 (d) The term of office of each member appointed in Subsection (5)(b) is four years.
3293 (e) The chair of the board, the speaker of the House of Representatives, and the
3294 president of the Senate shall adjust the length of terms to stagger the terms of committee
3295 members so that approximately half of the committee members are appointed every two years.
3296 (f) No member may receive compensation or benefits for the member's service on the
3297 committee.
3298 Section 91. Section 53E-4-304, which is renumbered from Section 53A-1-611.5 is
3299 renumbered and amended to read:
3300 [
3301 (1) The board shall adopt a high school assessment that:
3302 (a) is predictive of a student's college readiness as measured by the college readiness
3303 assessment described in Section [
3304 (b) provides a growth score for a student from grade 9 to 10.
3305 (2) A school district or charter school shall annually administer the high school
3306 assessment adopted by the board under Subsection (1) to all students in grades 9 and 10.
3307 Section 92. Section 53E-4-305, which is renumbered from Section 53A-1-611 is
3308 renumbered and amended to read:
3309 [
3310 (1) The Legislature recognizes the need for the board to develop and implement
3311 standards and assessment processes to ensure that student progress is measured and that school
3312 boards and school personnel are accountable.
3313 (2) The board shall adopt a college readiness assessment for secondary students that:
3314 (a) is the college readiness assessment most commonly submitted to local universities;
3315 and
3316 (b) may include:
3317 (i) the Armed Services Vocational Aptitude Battery; or
3318 (ii) a battery of assessments that are predictive of success in higher education.
3319 (3) (a) Except as provided in Subsection (3)(b), a school district or charter school shall
3320 annually administer the college readiness assessment adopted under Subsection (2) to all
3321 students in grade 11.
3322 (b) A student with an IEP may take an appropriate college readiness assessment other
3323 than the assessment adopted by the board under Subsection (2), as determined by the student's
3324 IEP.
3325 (4) In accordance with Section 53F-4-202, the board shall contract with a provider to
3326 provide an online college readiness diagnostic tool.
3327 Section 93. Section 53E-4-306, which is renumbered from Section 53A-1-606.5 is
3328 renumbered and amended to read:
3329 [
3330 (1) As used in this section:
3331 (a) "Competency" means a demonstrable acquisition of a specified knowledge, skill, or
3332 ability that has been organized into a hierarchical arrangement leading to higher levels of
3333 knowledge, skill, or ability.
3334 (b) "Five domains of reading" include phonological awareness, phonics, fluency,
3335 comprehension, and vocabulary.
3336 (2) (a) The Legislature recognizes that:
3337 (i) reading is the most fundamental skill, the gateway to knowledge and lifelong
3338 learning;
3339 (ii) there is an ever increasing demand for literacy in the highly technological society
3340 we live in;
3341 (iii) students who do not learn to read will be economically and socially disadvantaged;
3342 (iv) reading problems exist in almost every classroom;
3343 (v) almost all reading failure is preventable if reading difficulties are diagnosed and
3344 treated early; and
3345 (vi) early identification and treatment of reading difficulties can result in students
3346 learning to read by the end of the third grade.
3347 (b) It is therefore the goal of the state to have every student in the state's public
3348 education system reading on or above grade level by the end of the third grade.
3349 (3) (a) Each public school containing kindergarten, grade one, grade two, or grade
3350 three, including charter schools, shall develop, as a component of the school improvement plan
3351 described in Section [
3352 in kindergarten through grade three to reach the reading goal set in Subsection (2)(b).
3353 (b) The reading achievement plan shall be:
3354 (i) created under the direction of:
3355 (A) the school community council or a subcommittee or task force created by the
3356 school community council, in the case of a school district school; or
3357 (B) the charter school governing board or a subcommittee or task force created by the
3358 governing board, in the case of a charter school; and
3359 (ii) implemented by the school's principal, teachers, and other appropriate school staff.
3360 (c) The school principal shall take primary responsibility to provide leadership and
3361 allocate resources and support for teachers and students, most particularly for those who are
3362 reading below grade level, to achieve the reading goal.
3363 (d) Each reading achievement plan shall include:
3364 (i) an assessment component that:
3365 (A) focuses on ongoing formative assessment to measure the five domains of reading,
3366 as appropriate, and inform individualized instructional decisions; and
3367 (B) includes a benchmark assessment of reading approved by the [
3368
3369 (ii) an intervention component:
3370 (A) that provides adequate and appropriate interventions focused on each student
3371 attaining competency in reading skills;
3372 (B) based on best practices identified through proven researched-based methods;
3373 (C) that provides intensive intervention, such as focused instruction in small groups
3374 and individualized data driven instruction, implemented at the earliest possible time for
3375 students having difficulty in reading;
3376 (D) that provides an opportunity for parents to receive materials and guidance so that
3377 they will be able to assist their children in attaining competency in reading skills; and
3378 (E) that, as resources allow, may involve a reading specialist; and
3379 (iii) a reporting component that includes reporting to parents:
3380 (A) at the beginning, in the middle, and at the end of grade one, grade two, and grade
3381 three, their child's benchmark assessment results as required by Section [
3382 53E-4-307; and
3383 (B) at the end of third grade, their child's reading level.
3384 (e) In creating or reviewing a reading achievement plan as required by this section, a
3385 school community council, charter school governing board, or a subcommittee or task force of
3386 a school community council or charter school governing board may not have access to data that
3387 reveal the identity of students.
3388 (4) (a) The school district shall approve each plan developed by schools within the
3389 district prior to its implementation and review each plan annually.
3390 (b) The charter school governing board shall approve each plan developed by schools
3391 under its control and review each plan annually.
3392 (c) A school district and charter school governing board shall:
3393 (i) monitor the learning gains of a school's students as reported by the benchmark
3394 assessments administered pursuant to Section [
3395 (ii) require a reading achievement plan to be revised, if the school district or charter
3396 school governing board determines a school's students are not making adequate learning gains.
3397 Section 94. Section 53E-4-307, which is renumbered from Section 53A-1-606.6 is
3398 renumbered and amended to read:
3399 [
3400 parent or guardian.
3401 (1) As used in this section[
3402
3403 skill, or ability that has been organized into a hierarchical arrangement leading to higher levels
3404 of knowledge, skill, or ability.
3405 (2) The board shall approve a benchmark assessment for use statewide by school
3406 districts and charter schools to assess the reading competency of students in grades one, two,
3407 and three as provided by this section.
3408 (3) A school district or charter school shall:
3409 (a) administer benchmark assessments to students in grades one, two, and three at the
3410 beginning, middle, and end of the school year using the benchmark assessment approved by the
3411 board; and
3412 (b) after administering a benchmark assessment, report the results to a student's parent
3413 or guardian.
3414 (4) If a benchmark assessment or supplemental reading assessment indicates a student
3415 lacks competency in a reading skill, or is lagging behind other students in the student's grade in
3416 acquiring a reading skill, the school district or charter school shall:
3417 (a) provide focused individualized intervention to develop the reading skill;
3418 (b) administer formative assessments to measure the success of the focused
3419 intervention;
3420 (c) inform the student's parent or guardian of activities that the parent or guardian may
3421 engage in with the student to assist the student in improving reading proficiency; and
3422 (d) provide information to the parent or guardian regarding appropriate interventions
3423 available to the student outside of the regular school day that may include tutoring, before and
3424 after school programs, or summer school.
3425 (5) In accordance with Section 53F-4-201, the board shall contract with one or more
3426 educational technology providers for a diagnostic assessment system for reading for students in
3427 kindergarten through grade 3.
3428 Section 95. Section 53E-4-308, which is renumbered from Section 53A-1-603.5 is
3429 renumbered and amended to read:
3430 [
3431 higher education and public education information technology systems.
3432 (1) As used in this section, "unique student identifier" means an alphanumeric code
3433 assigned to each public education student for identification purposes, which:
3434 (a) is not assigned to any former or current student; and
3435 (b) does not incorporate personal information, including a birth date or Social Security
3436 number.
3437 (2) The board, through the superintendent of public instruction, shall assign each
3438 public education student a unique student identifier, which shall be used to track individual
3439 student performance on achievement tests administered under this part.
3440 (3) The board and the State Board of Regents shall coordinate public education and
3441 higher education information technology systems to allow individual student academic
3442 achievement to be tracked through both education systems in accordance with this section and
3443 Section 53B-1-109.
3444 (4) The board and the State Board of Regents shall coordinate access to the unique
3445 student identifier of a public education student who later attends an institution within the state
3446 system of higher education.
3447 Section 96. Section 53E-4-309, which is renumbered from Section 53A-1-610 is
3448 renumbered and amended to read:
3449 [
3450 (1) The board may change a grade level specification for the administration of specific
3451 assessments under this part to a different grade level specification or a competency-based
3452 specification if the specification is more consistent with patterns of school organization.
3453 (2) (a) If the board changes a grade level specification described in Subsection (1), the
3454 board shall submit a report to the Legislature explaining the reasons for changing the grade
3455 level specification.
3456 (b) The board shall submit the report at least six months before the anticipated change.
3457 Section 97. Section 53E-4-310, which is renumbered from Section 53A-1-607 is
3458 renumbered and amended to read:
3459 [
3460 (1) For a statewide assessment that requires the use of a student answer sheet, a local
3461 school board or charter school governing board shall submit all answer sheets on a per-school
3462 and per-class basis to the state superintendent of public instruction for scoring unless the
3463 assessment requires scoring by a national testing service.
3464 (2) The district, school, and class results of the statewide assessments, but not the score
3465 or relative position of individual students, shall be reported to each local school board or
3466 charter school governing board annually at a regularly scheduled meeting.
3467 (3) A local school board or charter school governing board:
3468 (a) shall make copies of the report available to the general public upon request; and
3469 (b) may charge a fee for the cost of copying the report.
3470 (4) (a) The board shall annually provide to school districts and charter schools a
3471 comprehensive report for each of the school district's and charter school's students showing the
3472 student's statewide assessment results for each year that the student took a statewide
3473 assessment.
3474 (b) A school district or charter school shall give a copy of the comprehensive report to
3475 the student's parents and make the report available to school staff, as appropriate.
3476 Section 98. Section 53E-4-311, which is renumbered from Section 53A-1-605 is
3477 renumbered and amended to read:
3478 [
3479 development.
3480 (1) The board, through the state superintendent of public instruction, shall develop an
3481 online data reporting tool to analyze the results of statewide assessments.
3482 (2) The online data reporting tool shall include components designed to:
3483 (a) assist school districts and individual schools to use the results of the analysis in
3484 planning, evaluating, and enhancing programs;
3485 (b) identify schools not achieving state-established acceptable levels of student
3486 performance in order to assist those schools in improving student performance levels; and
3487 (c) provide:
3488 (i) for statistical reporting of statewide assessment results at state, school district,
3489 school, and grade or course levels; and
3490 (ii) actual levels of performance on statewide assessments.
3491 (3) A local school board or charter school governing board shall provide for:
3492 (a) evaluation of the statewide assessment results and use of the evaluations in setting
3493 goals and establishing programs; and
3494 (b) a professional development program that provides teachers, principals, and other
3495 professional staff with the training required to successfully establish and maintain statewide
3496 assessments.
3497 Section 99. Section 53E-4-312, which is renumbered from Section 53A-1-608 is
3498 renumbered and amended to read:
3499 [
3500 (1) School district employees may not conduct any specific instruction or preparation
3501 of students that would be a breach of testing ethics, such as the teaching of specific test
3502 questions.
3503 (2) School district employees who administer the test shall follow the standardization
3504 procedures in the test administration manual for an assessment and any additional specific
3505 instructions developed by the board.
3506 (3) The board may revoke the certification of an individual who violates this section.
3507 Section 100. Section 53E-4-313, which is renumbered from Section 53A-1-609 is
3508 renumbered and amended to read:
3509 [
3510 Nothing in this part shall be construed to mean or represented to require that graduation
3511 from a high school or promotion to another grade is in any way dependent upon successful
3512 performance of any test administered as a part of the testing program established under this
3513 part.
3514 Section 101. Section 53E-4-401 is enacted to read:
3515
3516 53E-4-401. Definitions.
3517 As used in this part, "instructional materials" means textbooks or materials used as, or
3518 in place of, textbooks and which may be used within the state curriculum framework for
3519 courses of study by students in public schools to include:
3520 (1) textbooks;
3521 (2) workbooks;
3522 (3) computer software;
3523 (4) laser discs or videodiscs; and
3524 (5) multiple forms of communications media.
3525 Section 102. Section 53E-4-402, which is renumbered from Section 53A-14-101 is
3526 renumbered and amended to read:
3527 [
3528 expenses.
3529 (1) The State Board of Education shall appoint a State Instructional Materials
3530 Commission consisting of:
3531 (a) the state superintendent of public instruction or the superintendent's designee;
3532 (b) a school district superintendent;
3533 (c) a secondary school principal;
3534 (d) an elementary school principal;
3535 (e) a secondary school teacher;
3536 (f) an elementary school teacher;
3537 (g) five persons not employed in public education; and
3538 (h) a dean of a school of education of a state college or university.
3539 (2) The commission shall evaluate instructional materials for recommendation by the
3540 board.
3541 [
3542
3543
3544 [
3545 [
3546 [
3547 [
3548 [
3549 [
3550 expenses incurred in the performance of their official duties shall be paid out of money
3551 appropriated to the board.
3552 Section 103. Section 53E-4-403, which is renumbered from Section 53A-14-102 is
3553 renumbered and amended to read:
3554 [
3555 materials -- Recommendation by the state board.
3556 (1) Semi-annually after reviewing the evaluations of the commission, the board shall
3557 recommend instructional materials for use in the public schools.
3558 (2) The standard period of time instructional materials shall remain on the list of
3559 recommended instructional materials shall be five years.
3560 (3) Unsatisfactory instructional materials may be removed from the list of
3561 recommended instructional materials at any time within the period applicable to the
3562 instructional materials.
3563 (4) Except as provided in Section [
3564 discretion to select instructional materials for use by the school. A school may select:
3565 (a) instructional materials recommended by the board as provided in this section; or
3566 (b) other instructional materials the school considers appropriate to teach the core
3567 standards for Utah public schools.
3568 Section 104. Section 53E-4-404, which is renumbered from Section 53A-14-103 is
3569 renumbered and amended to read:
3570 [
3571 (1) The commission shall meet at the call of the state superintendent of public
3572 instruction or the superintendent's designee.
3573 (2) Notice of a meeting shall be given as required under Section 52-4-202.
3574 Section 105. Section 53E-4-405, which is renumbered from Section 53A-14-104 is
3575 renumbered and amended to read:
3576 [
3577 contracts -- Sample copies -- Price of instructional materials.
3578 (1) As used in this section, the word "sealed" does not preclude acceptance of
3579 electronically sealed and submitted bids or proposals in addition to bids or proposals manually
3580 sealed and submitted.
3581 (2) A person seeking a contract to furnish instructional materials for use in the public
3582 schools shall submit a sealed proposal to the commission.
3583 (3) Each proposal must:
3584 (a) be accompanied by sample copies of the instructional materials to be reviewed; and
3585 (b) include the wholesale price at which the publisher agrees to furnish the
3586 instructional materials to districts and schools during the approval period.
3587 Section 106. Section 53E-4-406, which is renumbered from Section 53A-14-105 is
3588 renumbered and amended to read:
3589 [
3590 (1) The board shall award contracts for furnishing instructional materials.
3591 (2) If a satisfactory proposal to furnish instructional materials is not received, a new
3592 request for proposals may be issued.
3593 Section 107. Section 53E-4-407, which is renumbered from Section 53A-14-106 is
3594 renumbered and amended to read:
3595 [
3596 It is a misdemeanor for a member of the commission or the board to receive money or
3597 other remuneration as an inducement for the recommendation or introduction of instructional
3598 materials into the schools.
3599 Section 108. Section 53E-4-408, which is renumbered from Section 53A-14-107 is
3600 renumbered and amended to read:
3601 [
3602 standards for Utah public schools.
3603 (1) For a school year beginning with or after the 2012-13 school year, a school district
3604 may not purchase primary instructional materials unless the primary instructional materials
3605 provider:
3606 (a) contracts with an independent party to evaluate and map the alignment of the
3607 primary instructional materials with the core standards for Utah public schools adopted under
3608 Section [
3609 (b) provides a detailed summary of the evaluation under Subsection (1)(a) on a public
3610 website at no charge, for use by teachers and the general public; and
3611 (c) pays the costs related to the requirements of this Subsection (1).
3612 (2) The requirements under Subsection (1) may not be performed by:
3613 (a) the State Board of Education;
3614 (b) the superintendent of public instruction or employees of the State Board of
3615 Education;
3616 (c) the State Instructional Materials Commission appointed pursuant to Section
3617 [
3618 (d) a local school board or a school district; or
3619 (e) the instructional materials creator or publisher.
3620 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3621 State Board of Education shall make rules that establish:
3622 (a) the qualifications of the independent parties who may evaluate and map the
3623 alignment of the primary instructional materials in accordance with the provisions of
3624 Subsection (1)(a); and
3625 (b) requirements for the detailed summary of the evaluation and its placement on a
3626 public website in accordance with the provisions of Subsection (1)(b).
3627 Section 109. Section 53E-5-101 is enacted to read:
3628
3629
3630 53E-5-101. Title.
3631 This chapter is known as "Accountability."
3632 Section 110. Section 53E-5-201, which is renumbered from Section 53A-1-1102 is
3633 renumbered and amended to read:
3634
3635 [
3636 As used in this part:
3637 (1) "Board" means the State Board of Education.
3638 (2) "Individualized education program" means a written statement for a student with a
3639 disability that is developed, reviewed, and revised in accordance with the Individuals with
3640 Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
3641 (3) "Lowest performing 25% of students" means the proportion of a school's students
3642 who scored in the lowest 25% of students in the school on a statewide assessment based on the
3643 prior school year's scores.
3644 (4) "Statewide assessment" means one or more of the following, as applicable:
3645 (a) a standards assessment described in Section [
3646 (b) a high school assessment described in Section [
3647 (c) a college readiness assessment described in Section [
3648 (d) an alternate assessment administered to a student with a disability.
3649 Section 111. Section 53E-5-202, which is renumbered from Section 53A-1-1103 is
3650 renumbered and amended to read:
3651 [
3652 Board of Education rulemaking.
3653 (1) There is established a statewide school accountability system.
3654 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3655 board shall make rules to implement the school accountability system in accordance with this
3656 part.
3657 Section 112. Section 53E-5-203, which is renumbered from Section 53A-1-1104 is
3658 renumbered and amended to read:
3659 [
3660 -- Other indicators and point distribution for a school that serves a special student
3661 population.
3662 (1) Except as provided in Subsection (2), the board shall include all public schools in
3663 the state in the school accountability system established under this part.
3664 (2) The board shall exempt from the school accountability system:
3665 (a) a school in which the number of students tested on a statewide assessment is lower
3666 than the minimum sample size necessary, based on acceptable professional practice for
3667 statistical reliability, or when release of the information would violate 20 U.S.C. Sec. 1232h,
3668 the prevention of the unlawful release of personally identifiable student data;
3669 (b) a school in the school's first year of operations if the school's local school board or
3670 charter school governing board requests the exemption; or
3671 (c) a high school in the school's second year of operations if the school's local school
3672 board or charter school governing board requests the exemption.
3673 (3) Notwithstanding the provisions of this part, the board may use, to appropriately
3674 assess the educational impact of a school that serves a special student population:
3675 (a) other indicators in addition to the indicators described in Section [
3676 53E-5-205 or [
3677 (b) different point distribution than the point distribution described in Section
3678 [
3679 Section 113. Section 53E-5-204, which is renumbered from Section 53A-1-1105 is
3680 renumbered and amended to read:
3681 [
3682 (1) Except as provided in Subsection (3), and in accordance with this part, the board
3683 shall annually assign to each school an overall rating using an A through F letter grading scale
3684 where, based on the school's performance level on the indicators described in Subsection (2):
3685 (a) an A grade represents an exemplary school;
3686 (b) a B grade represents a commendable school;
3687 (c) a C grade represents a typical school;
3688 (d) a D grade represents a developing school; and
3689 (e) an F grade represents a critical needs school.
3690 (2) A school's overall rating described in Subsection (1) shall be based on the school's
3691 performance on the indicators described in:
3692 (a) Section [
3693 (b) Section [
3694 (3) (a) For a school year in which the board determines it is necessary to establish, due
3695 to a transition to a new assessment, a new baseline to determine student growth described in
3696 Section [
3697 in Subsection (1) to a school to which the new baseline applies.
3698 (b) For the 2017-2018 school year, the board:
3699 (i) shall evaluate a school based on the school's performance level on the indicators
3700 described in Subsection (2) and in accordance with this part; and
3701 (ii) is not required to assign a school an overall rating described in Subsection (1).
3702 Section 114. Section 53E-5-205, which is renumbered from Section 53A-1-1106 is
3703 renumbered and amended to read:
3704 [
3705 For an elementary school or a middle school, the board shall assign the school's overall
3706 rating, in accordance with Section [
3707 on the following indicators:
3708 (1) academic achievement as measured by performance on a statewide assessment of
3709 English language arts, mathematics, and science;
3710 (2) academic growth as measured by progress from year to year on a statewide
3711 assessment of English language arts, mathematics, and science; and
3712 (3) equitable educational opportunity as measured by:
3713 (a) academic growth of the lowest performing 25% of students as measured by
3714 progress of the lowest performing 25% of students on a statewide assessment of English
3715 language arts, mathematics, and science; and
3716 (b) except as provided in Section [
3717 measured by performance on an English learner assessment established by the board.
3718 Section 115. Section 53E-5-206, which is renumbered from Section 53A-1-1107 is
3719 renumbered and amended to read:
3720 [
3721 For a high school, in accordance with Section [
3722 assign the school's overall rating based on the school's performance on the following
3723 indicators:
3724 (1) academic achievement as measured by performance on a statewide assessment of
3725 English language arts, mathematics, and science;
3726 (2) academic growth as measured by progress from year to year on a statewide
3727 assessment of English language arts, mathematics, and science;
3728 (3) equitable educational opportunity as measured by:
3729 (a) academic growth of the lowest performing 25% of students as measured by
3730 progress of the lowest performing 25% of students on a statewide assessment of English
3731 language arts, mathematics, and science; and
3732 (b) except as provided in Section [
3733 measured by performance on an English learner assessment established by the board; and
3734 (4) postsecondary readiness as measured by:
3735 (a) the school's graduation rate, as described in Section [
3736 (b) student performance, as described in Section [
3737 readiness assessment described in Section [
3738 (c) student achievement in advanced course work, as described in Section
3739 [
3740 Section 116. Section 53E-5-207, which is renumbered from Section 53A-1-1108 is
3741 renumbered and amended to read:
3742 [
3743 (1) (a) The board shall award to a school points for academic achievement described in
3744 Subsection [
3745 (i) the board shall award a school points proportional to the percentage of the school's
3746 students who, out of all the school's students who take a statewide assessment of English
3747 language arts, score at or above the proficient level on the assessment;
3748 (ii) the board shall award a school points proportional to the percentage of the school's
3749 students who, out of all the school's students who take a statewide assessment of mathematics,
3750 score at or above the proficient level on the assessment; and
3751 (iii) the board shall award a school points proportional to the percentage of the school's
3752 students who, out of all the school's students who take a statewide assessment of science, score
3753 at or above the proficient level on the assessment.
3754 (b) (i) The maximum number of total points possible for academic achievement
3755 described in Subsection (1)(a) is 56 points.
3756 (ii) The maximum number of points possible for a component listed in Subsection
3757 (1)(a)(i), (ii), or (iii) is one-third of the number of points described in Subsection (1)(b)(i).
3758 (2) (a) Subject to Subsection (2)(b), the board shall award to a school points for
3759 academic growth described in Subsection [
3760 53E-5-206(2) as follows:
3761 (i) the board shall award a school points for growth of the school's students on a
3762 statewide assessment of English language arts;
3763 (ii) the board shall award a school points for growth of the school's students on a
3764 statewide assessment of mathematics; and
3765 (iii) the board shall award a school points for growth of the school's students on a
3766 statewide assessment of science.
3767 (b) The board shall determine points for growth awarded under Subsection (2)(a) by
3768 indexing the points based on:
3769 (i) whether a student's performance on a statewide assessment is equal to or exceeds
3770 the student's academic growth target; and
3771 (ii) the amount of a student's growth on a statewide assessment compared to other
3772 students with similar prior assessment scores.
3773 (c) (i) The maximum number of total points possible for academic growth described in
3774 Subsection (2)(a) is 56 points.
3775 (ii) The maximum number of points possible for a component listed in Subsection
3776 (2)(a)(i), (ii), or (iii) is one-third of the number of points described in Subsection (2)(c)(i).
3777 (3) (a) Subject to Subsection (3)(b), the board shall award to a school points for
3778 equitable educational opportunity described in Subsection [
3779 [
3780 (i) the board shall award a school points for growth of the school's lowest performing
3781 25% of students on a statewide assessment of English language arts;
3782 (ii) the board shall award a school points for growth of the school's lowest performing
3783 25% of students on a statewide assessment of mathematics;
3784 (iii) the board shall award a school points for growth of the school's lowest performing
3785 25% of students on a statewide assessment of science; and
3786 (iv) except as provided in Section [
3787 school points proportional to the percentage of English learners who achieve adequate progress
3788 as determined by the board on an English learner assessment established by the board.
3789 (b) The board shall determine points for academic growth awarded under Subsection
3790 (3)(a)(i), (ii), or (iii) by indexing the points based on the amount of a student's growth on a
3791 statewide assessment compared to other students with similar prior assessment scores.
3792 (c) (i) The maximum number of total points possible for equitable educational
3793 opportunity described in Subsection (3)(a) is 38 points.
3794 (ii) The maximum number of points possible for the components listed in Subsection
3795 (3)(a)(i), (ii), and (iii), combined, is 25 points.
3796 (iii) The maximum number of points possible for a component listed in Subsection
3797 (3)(a)(i), (ii), or (iii) is one-third of the number of the combined points described in Subsection
3798 (3)(c)(ii).
3799 (iv) The maximum number of points possible for the component listed in Subsection
3800 (3)(a)(iv) is 13 points.
3801 (4) (a) The board shall award to a high school points for postsecondary readiness
3802 described in Subsection [
3803 (i) the board shall award to a high school points proportional to the percentage of the
3804 school's students who, out of all the school's students who take a college readiness assessment
3805 described in Section [
3806 assessment;
3807 (ii) the board shall award to a high school points proportional to the percentage of the
3808 school's students who achieve at least one of the following:
3809 (A) a C grade or better in an Advanced Placement course;
3810 (B) a C grade or better in a concurrent enrollment course;
3811 (C) a C grade or better in an International Baccalaureate course; or
3812 (D) completion of a career and technical education pathway, as defined by the board;
3813 and
3814 (iii) in accordance with Subsection (4)(c), the board shall award to a high school points
3815 proportional to the percentage of the school's students who graduate from the school.
3816 (b) (i) The maximum number of total points possible for postsecondary readiness
3817 described in Subsection (4)(a) is 75 points.
3818 (ii) The maximum number of points possible for a component listed in Subsection
3819 (4)(a)(i), (ii), or (iii) is one-third of the number of points described in Subsection (4)(b)(i).
3820 (c) (i) In calculating the percentage of students who graduate described in Subsection
3821 (4)(a)(iii), except as provided in Subsection (4)(c)(ii), the board shall award to a high school
3822 points proportional to the percentage of the school's students who graduate from the school
3823 within four years.
3824 (ii) The board may award up to 10% of the points allocated for high school graduation
3825 described in Subsection (4)(b)(ii) to a school for students who graduate from the school within
3826 five years.
3827 Section 117. Section 53E-5-208, which is renumbered from Section 53A-1-1109 is
3828 renumbered and amended to read:
3829 [
3830 number of total points possible.
3831 (1) Except as provided in Section [
3832 the number of total points awarded to a school by totaling the number of points the board
3833 awards to the school in accordance with Section [
3834 (2) The maximum number of total points possible under Subsection (1) is:
3835 (a) for an elementary school or a middle school, 150 points; or
3836 (b) for a high school, 225 points.
3837 Section 118. Section 53E-5-209, which is renumbered from Section 53A-1-1110 is
3838 renumbered and amended to read:
3839 [
3840 Calculation of total points awarded for a school with fewer than 10 English learners.
3841 (1) For a school that has fewer than 10 English learners, the board shall:
3842 (a) exclude the use of English learner progress in determining the school's overall
3843 rating by:
3844 (i) awarding no points to the school for English learner progress described in
3845 Subsection [
3846 (ii) excluding the points described in Subsection [
3847 from the school's maximum points possible; and
3848 (b) calculate the number of total points awarded to the school by totaling the number of
3849 points the board awards to the school in accordance with Section [
3850 subject to the exclusion described in Subsection (1)(a).
3851 (2) The maximum number of total points possible under Subsection (1) is:
3852 (a) for an elementary school or a middle school, 137 points; or
3853 (b) for a high school, 212 points.
3854 Section 119. Section 53E-5-210, which is renumbered from Section 53A-1-1111 is
3855 renumbered and amended to read:
3856 [
3857 level -- Student growth -- English learner adequate progress.
3858 (1) (a) For the purpose of determining whether a student scores at or above the
3859 proficient level on a statewide assessment, the board shall determine, through a process that
3860 evaluates student performance based on specific criteria, the minimum level that demonstrates
3861 proficiency for each statewide assessment.
3862 (b) If the board adjusts the minimum level that demonstrates proficiency described in
3863 Subsection (1)(a), the board shall report the adjustment and the reason for the adjustment to the
3864 Education Interim Committee no later than 30 days after the day on which the board makes the
3865 adjustment.
3866 (2) (a) For the purpose of determining whether a student's performance on a statewide
3867 assessment is equal to or exceeds the student's academic growth target, the board shall
3868 calculate, for each individual student, the amount of growth necessary to achieve or maintain
3869 proficiency by a future school year determined by the board.
3870 (b) For the purpose of determining the amount of a student's growth on a statewide
3871 assessment compared to other students with similar prior assessment scores, the board shall
3872 calculate growth as a percentile for a student using appropriate statistical methods.
3873 (3) For the purpose of determining whether an English learner achieves adequate
3874 progress on an English learner assessment established by the board, the board shall determine
3875 the minimum progress that demonstrates adequate progress.
3876 Section 120. Section 53E-5-211, which is renumbered from Section 53A-1-1112 is
3877 renumbered and amended to read:
3878 [
3879 (1) The board shall annually publish on the board's website a report card that includes
3880 for each school:
3881 (a) the school's overall rating described in Subsection [
3882 (b) the school's performance on each indicator described in:
3883 (i) Section [
3884 (ii) Section [
3885 (c) information comparing the school's performance on each indicator described in
3886 Subsection (1)(b) with:
3887 (i) the average school performance; and
3888 (ii) the school's performance in all previous years for which data is available;
3889 (d) the percentage of students who participated in statewide assessments;
3890 (e) for an elementary school, the percentage of students who read on grade level in
3891 grades 1 through 3; and
3892 (f) for a high school, performance on Advanced Placement exams.
3893 (2) A school may include in the school's report card described in Subsection (1) up to
3894 two self-reported school quality indicators that:
3895 (a) are approved by the board for inclusion; and
3896 (b) may include process or input indicators.
3897 (3) (a) The board shall develop an individualized student achievement report that
3898 includes:
3899 (i) information on the student's level of proficiency as measured by a statewide
3900 assessment; and
3901 (ii) a comparison of the student's academic growth target and actual academic growth
3902 as measured by a statewide assessment.
3903 (b) The board shall, subject to the Family Educational Rights and Privacy Act, 20
3904 U.S.C. Sec. 1232g, make the individualized student achievement report described in
3905 Subsection (3)(a) available for a school district or charter school to access electronically.
3906 (c) A school district or charter school shall distribute an individualized student
3907 achievement report to the parent or guardian of the student to whom the report applies.
3908 Section 121. Section 53E-5-301, which is renumbered from Section 53A-1-1202 is
3909 renumbered and amended to read:
3910
3911 [
3912 As used in this part:
3913 (1) "Board" means the State Board of Education.
3914 (2) "Charter school authorizer" means the same as that term is defined in Section
3915 [
3916 (3) "Charter school governing board" means the governing board, as defined in Section
3917 [
3918 (4) "District school" means a public school under the control of a local school board
3919 elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
3920 Boards.
3921 (5) "Educator" means the same as that term is defined in Section [
3922 53E-6-102.
3923 (6) "Final remedial year" means the second school year following the initial remedial
3924 year.
3925 (7) "Independent school turnaround expert" or "turnaround expert" means a person
3926 identified by the board under Section [
3927 (8) "Initial remedial year" means the school year a district school or charter school is
3928 designated as a low performing school under Section [
3929 (9) "Local education board" means a local school board or charter school governing
3930 board.
3931 (10) "Local school board" means a board elected under Title 20A, Chapter 14, Part 2,
3932 Election of Members of Local Boards of Education.
3933 (11) "Low performing school" means a district school or charter school that has been
3934 designated a low performing school by the board because the school is:
3935 (a) for two consecutive school years in the lowest performing 3% of schools statewide
3936 according to the percentage of possible points earned under the school accountability system;
3937 and
3938 (b) a low performing school according to other outcome-based measures as may be
3939 defined in rules made by the board in accordance with Title 63G, Chapter 3, Utah
3940 Administrative Rulemaking Act.
3941 (12) "School accountability system" means the school accountability system
3942 established in Part [
3943 (13) "School grade" or "grade" means the letter grade assigned to a school as the
3944 school's overall rating under the school accountability system.
3945 (14) "School turnaround committee" means a committee established under:
3946 (a) for a district school, Section [
3947 (b) for a charter school, Section [
3948 (15) "School turnaround plan" means a plan described in:
3949 (a) for a district school, Section [
3950 (b) for a charter school, Section [
3951 Section 122. Section 53E-5-302, which is renumbered from Section 53A-1-1203 is
3952 renumbered and amended to read:
3953 [
3954 performing schools -- Needs assessment.
3955 (1) Except as provided in Subsection (4), the board shall:
3956 (a) annually designate a school as a low performing school; and
3957 (b) conduct a needs assessment for a low performing school by thoroughly analyzing
3958 the root causes of the low performing school's low performance.
3959 (2) The board may use up to 5% of the appropriation provided under this part to hire or
3960 contract with one or more individuals to conduct a needs assessment described in Subsection
3961 (1)(b).
3962 (3) A school that was designated as a low performing school based on 2015-2016
3963 school year performance that is not in the lowest performing 3% of schools statewide following
3964 the 2016-2017 school year is exempt from the provisions of this part.
3965 (4) The board is not required to designate as a low performing school a school for
3966 which the board is not required to assign an overall rating in accordance with Section
3967 [
3968 Section 123. Section 53E-5-303, which is renumbered from Section 53A-1-1204 is
3969 renumbered and amended to read:
3970 [
3971 district school.
3972 (1) In accordance with deadlines established by the board, a local school board of a low
3973 performing school shall:
3974 (a) establish a school turnaround committee composed of the following members:
3975 (i) the local school board member who represents the voting district where the low
3976 performing school is located;
3977 (ii) the school principal;
3978 (iii) three parents of students enrolled in the low performing school appointed by the
3979 chair of the school community council;
3980 (iv) one teacher at the low performing school appointed by the principal;
3981 (v) one teacher at the low performing school appointed by the school district
3982 superintendent; and
3983 (vi) one school district administrator;
3984 (b) solicit proposals from a turnaround expert identified by the board under Section
3985 [
3986 (c) partner with the school turnaround committee to select a proposal;
3987 (d) submit the proposal described in Subsection (1)(b) to the board for review and
3988 approval; and
3989 (e) subject to Subsections (3) and (4), contract with a turnaround expert.
3990 (2) A proposal described in Subsection (1)(b) shall include a:
3991 (a) strategy to address the root causes of the low performing school's low performance
3992 identified through the needs assessment described in Section [
3993 (b) scope of work to facilitate implementation of the strategy that includes at least the
3994 activities described in Subsection (4)(b).
3995 (3) A local school board may not select a turnaround expert that is:
3996 (a) the school district; or
3997 (b) an employee of the school district.
3998 (4) A contract between a local school board and a turnaround expert:
3999 (a) shall be based on an explicit stipulation of desired outcomes and consequences for
4000 not meeting goals, including cancellation of the contract;
4001 (b) shall include a scope of work that requires the turnaround expert to at a minimum:
4002 (i) develop and implement, in partnership with the school turnaround committee, a
4003 school turnaround plan that meets the criteria described in Subsection (5);
4004 (ii) monitor the effectiveness of a school turnaround plan through reliable means of
4005 evaluation, including on-site visits, observations, surveys, analysis of student achievement data,
4006 and interviews;
4007 (iii) provide ongoing implementation support and project management for a school
4008 turnaround plan;
4009 (iv) provide high-quality professional development personalized for school staff that is
4010 designed to build:
4011 (A) the leadership capacity of the school principal;
4012 (B) the instructional capacity of school staff;
4013 (C) educators' capacity with data-driven strategies by providing actionable, embedded
4014 data practices; and
4015 (v) leverage support from community partners to coordinate an efficient delivery of
4016 supports to students inside and outside the classroom;
4017 (c) may include a scope of work that requires the turnaround expert to:
4018 (i) develop sustainable school district and school capacities to effectively respond to
4019 the academic and behavioral needs of students in high poverty communities; or
4020 (ii) other services that respond to the needs assessment conducted under Section
4021 [
4022 (d) shall include travel costs and payment milestones; and
4023 (e) may include pay for performance provisions.
4024 (5) A school turnaround committee shall partner with the turnaround expert selected
4025 under Subsection (1) to develop and implement a school turnaround plan that:
4026 (a) addresses the root causes of the low performing school's low performance identified
4027 through the needs assessment described in Section [
4028 (b) includes recommendations regarding changes to the low performing school's
4029 personnel, culture, curriculum, assessments, instructional practices, governance, leadership,
4030 finances, policies, or other areas that may be necessary to implement the school turnaround
4031 plan;
4032 (c) includes measurable student achievement goals and objectives and benchmarks by
4033 which to measure progress;
4034 (d) includes a professional development plan that identifies a strategy to address
4035 problems of instructional practice;
4036 (e) includes a detailed budget specifying how the school turnaround plan will be
4037 funded;
4038 (f) includes a plan to assess and monitor progress;
4039 (g) includes a plan to communicate and report data on progress to stakeholders; and
4040 (h) includes a timeline for implementation.
4041 (6) A local school board of a low performing school shall:
4042 (a) prioritize school district funding and resources to the low performing school;
4043 (b) grant the low performing school streamlined authority over staff, schedule, policies,
4044 budget, and academic programs to implement the school turnaround plan; and
4045 (c) assist the turnaround expert and the low performing school with:
4046 (i) addressing the root cause of the low performing school's low performance; and
4047 (ii) the development or implementation of a school turnaround plan.
4048 (7) (a) On or before June 1 of an initial remedial year, a school turnaround committee
4049 shall submit the school turnaround plan to the local school board for approval.
4050 (b) Except as provided in Subsection (7)(c), on or before July 1 of an initial remedial
4051 year, a local school board of a low performing school shall submit the school turnaround plan
4052 to the board for approval.
4053 (c) If the local school board does not approve the school turnaround plan submitted
4054 under Subsection (7)(a), the school turnaround committee may appeal the disapproval in
4055 accordance with rules made by the board as described in Subsection [
4056 53E-5-305(6).
4057 (8) A local school board, or a local school board's designee, shall annually report to the
4058 board progress toward the goals, benchmarks, and timetable in a low performing school's
4059 turnaround plan.
4060 Section 124. Section 53E-5-304, which is renumbered from Section 53A-1-1205 is
4061 renumbered and amended to read:
4062 [
4063 low performing charter school.
4064 (1) In accordance with deadlines established by the board, a charter school authorizer
4065 of a low performing school shall initiate a review to determine whether the charter school is in
4066 compliance with the school's charter agreement described in Section [
4067 including the school's established minimum standards for student achievement.
4068 (2) If a low performing school is found to be out of compliance with the school's
4069 charter agreement, the charter school authorizer may terminate the school's charter in
4070 accordance with Section [
4071 (3) A charter school authorizer shall make a determination on the status of a low
4072 performing school's charter under Subsection (2) on or before a date specified by the board in
4073 an initial remedial year.
4074 (4) In accordance with deadlines established by the board, if a charter school authorizer
4075 does not terminate a low performing school's charter under Subsection (2), a charter school
4076 governing board of a low performing school shall:
4077 (a) establish a school turnaround committee composed of the following members:
4078 (i) a member of the charter school governing board, appointed by the chair of the
4079 charter school governing board;
4080 (ii) the school principal;
4081 (iii) three parents of students enrolled in the low performing school, appointed by the
4082 chair of the charter school governing board; and
4083 (iv) two teachers at the low performing school, appointed by the school principal;
4084 (b) solicit proposals from a turnaround expert identified by the board under Section
4085 [
4086 (c) partner with the school turnaround committee to select a proposal;
4087 (d) submit the proposal described in Subsection (4)(b) to the board for review and
4088 approval; and
4089 (e) subject to Subsections (6) and (7), contract with a turnaround expert.
4090 (5) A proposal described in Subsection (4)(b) shall include a:
4091 (a) strategy to address the root causes of the low performing school's low performance
4092 identified through the needs assessment described in Section [
4093 (b) scope of work to facilitate implementation of the strategy that includes at least the
4094 activities described in Subsection [
4095 (6) A charter school governing board may not select a turnaround expert that:
4096 (a) is a member of the charter school governing board;
4097 (b) is an employee of the charter school; or
4098 (c) has a contract to operate the charter school.
4099 (7) A contract entered into between a charter school governing board and a turnaround
4100 expert shall include and reflect the requirements described in Subsection [
4101 53E-5-303(4).
4102 (8) (a) A school turnaround committee shall partner with the independent school
4103 turnaround expert selected under Subsection (4) to develop and implement a school turnaround
4104 plan that includes the elements described in Subsection [
4105 (b) A charter school governing board shall assist a turnaround expert and a low
4106 performing charter school with:
4107 (i) addressing the root cause of the low performing school's low performance; and
4108 (ii) the development or implementation of a school turnaround plan.
4109 (9) (a) On or before June 1 of an initial remedial year, a school turnaround committee
4110 shall submit the school turnaround plan to the charter school governing board for approval.
4111 (b) Except as provided in Subsection (9)(c), on or before July 1 of an initial remedial
4112 year, a charter school governing board of a low performing school shall submit the school
4113 turnaround plan to the board for approval.
4114 (c) If the charter school governing board does not approve the school turnaround plan
4115 submitted under Subsection (9)(a), the school turnaround committee may appeal the
4116 disapproval in accordance with rules made by the board as described in Subsection
4117 [
4118 (10) The provisions of this part do not modify or limit a charter school authorizer's
4119 authority at any time to terminate a charter school's charter in accordance with Section
4120 [
4121 (11) A charter school governing board or a charter school governing board's designee
4122 shall annually report to the board progress toward the goals, benchmarks, and timetable in a
4123 low performing school's turnaround plan.
4124 Section 125. Section 53E-5-305, which is renumbered from Section 53A-1-1206 is
4125 renumbered and amended to read:
4126 [
4127 school turnaround experts -- Review and approval of school turnaround plans -- Appeals
4128 process.
4129 (1) The board shall identify two or more approved independent school turnaround
4130 experts, through a standard procurement process, that a low performing school may contract
4131 with to:
4132 (a) respond to the needs assessment conducted under Section [
4133 and
4134 (b) provide the services described in Section [
4135 53E-5-304, as applicable.
4136 (2) In identifying independent school turnaround experts under Subsection (1), the
4137 board shall identify experts that:
4138 (a) have a credible track record of improving student academic achievement in public
4139 schools with various demographic characteristics, as measured by statewide assessments
4140 described in Section [
4141 (b) have experience designing, implementing, and evaluating data-driven instructional
4142 systems in public schools;
4143 (c) have experience coaching public school administrators and teachers on designing
4144 data-driven school improvement plans;
4145 (d) have experience working with the various education entities that govern public
4146 schools;
4147 (e) have experience delivering high-quality professional development in instructional
4148 effectiveness to public school administrators and teachers; and
4149 (f) are willing to partner with any low performing school in the state, regardless of
4150 location.
4151 (3) (a) The board shall:
4152 (i) review a proposal submitted for approval under Section [
4153 [
4154 submitted;
4155 (ii) review a school turnaround plan submitted for approval under Subsection
4156 [
4157 days of submission; and
4158 (iii) approve a school turnaround plan that:
4159 (A) is timely;
4160 (B) is well-developed; and
4161 (C) meets the criteria described in Subsection [
4162 (b) The board may not approve a school turnaround plan that is not aligned with the
4163 needs assessment conducted under Section [
4164 (4) (a) Subject to legislative appropriations, when a school turnaround plan is approved
4165 by the board, the board shall distribute funds to each local education board with a low
4166 performing school to carry out the provisions of Sections [
4167 [
4168 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4169 board shall make rules establishing a distribution method and allowable uses of the funds
4170 described in Subsection (4)(a).
4171 (5) The board shall:
4172 (a) monitor and assess progress toward the goals, benchmarks and timetable in each
4173 school turnaround plan; and
4174 (b) act as a liaison between a local school board, low performing school, and
4175 turnaround expert.
4176 (6) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4177 the board shall make rules to establish an appeals process for:
4178 (i) a low performing district school that is not granted approval from the district
4179 school's local school board under Subsection [
4180 (ii) a low performing charter school that is not granted approval from the charter
4181 school's charter school governing board under Subsection [
4182 (iii) a local school board or charter school governing board that is not granted approval
4183 from the board under Subsection (3)(a) or (b).
4184 (b) The board shall ensure that rules made under Subsection (6)(a) require an appeals
4185 process described in:
4186 (i) Subsections (6)(a)(i) and (ii) to be resolved on or before July 1 of the initial
4187 remedial year; and
4188 (ii) Subsection (6)(a)(iii) to be resolved on or before August 15 of the initial remedial
4189 year.
4190 (7) The board may use up to 4% of the funds appropriated by the Legislature to carry
4191 out the provisions of this part for administration if the amount for administration is approved
4192 by the board in an open meeting.
4193 Section 126. Section 53E-5-306, which is renumbered from Section 53A-1-1207 is
4194 renumbered and amended to read:
4195 [
4196 performance.
4197 (1) As used in this section, "high performing charter school" means a charter school
4198 that:
4199 (a) satisfies all requirements of state law and board rules;
4200 (b) meets or exceeds standards for student achievement established by the charter
4201 school's charter school authorizer; and
4202 (c) has received at least a B grade under the school accountability system in the
4203 previous two school years.
4204 (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4205 the board shall make rules establishing:
4206 (i) exit criteria for a low performing school;
4207 (ii) criteria for granting a school an extension as described in Subsection (3); and
4208 (iii) implications for a low performing school that does not meet exit criteria after the
4209 school's final remedial year or the last school year of the extension period described in
4210 Subsection (3).
4211 (b) In establishing exit criteria for a low performing school the board shall:
4212 (i) determine for each low performing school the number of points awarded under the
4213 school accountability system in the final remedial year that represent a substantive and
4214 statistically significant improvement over the number of points awarded under the school
4215 accountability system in the school year immediately preceding the initial remedial year;
4216 (ii) establish a method to estimate the exit criteria after a low performing school's first
4217 remedial year to provide a target for each low performing school; and
4218 (iii) use generally accepted statistical practices.
4219 (c) The board shall through a competitively awarded contract engage a third party with
4220 expertise in school accountability and assessments to verify the criteria adopted under this
4221 Subsection (2).
4222 (3) (a) A low performing school may petition the board for an extension to continue
4223 school improvement efforts for up to two years if the low performing school does not meet the
4224 exit criteria established by the board as described in Subsection (2).
4225 (b) A school that has been granted an extension under this Subsection (3) is eligible
4226 for:
4227 (i) continued funding under Section [
4228 (ii) (A) the school teacher recruitment and retention incentive under Section
4229 [
4230 (B) the School Recognition and Reward Program under Section [
4231 53E-5-307.
4232 (4) If a low performing school does not meet exit criteria after the school's final
4233 remedial year or the last school year of the extension period, the board may intervene by:
4234 (a) restructuring a district school, which may include:
4235 (i) contract management;
4236 (ii) conversion to a charter school; or
4237 (iii) state takeover;
4238 (b) restructuring a charter school by:
4239 (i) terminating a school's charter;
4240 (ii) closing a charter school; or
4241 (iii) transferring operation and control of the charter school to:
4242 (A) a high performing charter school; or
4243 (B) the school district in which the charter school is located; or
4244 (c) other appropriate action as determined by the board.
4245 Section 127. Section 53E-5-307, which is renumbered from Section 53A-1-1208 is
4246 renumbered and amended to read:
4247 [
4248 (1) As used in this section, "eligible school" means a low performing school that:
4249 (a) was designated as a low performing school based on 2014-2015 school year
4250 performance; and
4251 (b) (i) improves the school's grade by at least one letter grade, as determined by
4252 comparing the school's letter grade for the school year prior to the initial remedial year to the
4253 school's letter grade for the final remedial year; or
4254 (ii) (A) has been granted an extension under Subsection [
4255 and
4256 (B) improves the school's grade by at least one letter grade, as determined by
4257 comparing the school's letter grade for the school year prior to the initial remedial year to the
4258 school's letter grade for the last school year of the extension period.
4259 (2) The School Recognition and Reward Program is created to provide incentives to
4260 schools and educators to improve the school grade of a low performing school.
4261 (3) Subject to appropriations by the Legislature, upon the release of school grades by
4262 the board, the board shall distribute a reward equal to:
4263 (a) for an eligible school that improves the eligible school's grade one letter grade:
4264 (i) $100 per tested student; and
4265 (ii) $1,000 per educator;
4266 (b) for an eligible school that improves the eligible school's grade two letter grades:
4267 (i) $200 per tested student; and
4268 (ii) $2,000 per educator;
4269 (c) for an eligible school that improves the eligible school's grade three letter grades:
4270 (i) $300 per tested student; and
4271 (ii) $3,000 per educator; and
4272 (d) for an eligible school that improves the eligible school's grade four letter grades:
4273 (i) $500 per tested student; and
4274 (ii) $5,000 per educator.
4275 (4) The principal of an eligible school that receives a reward under Subsection (3), in
4276 consultation with the educators at the eligible school, may determine how to use the money in
4277 the best interest of the school, including providing bonuses to educators.
4278 (5) If the number of qualifying eligible schools exceeds available funds, the board may
4279 reduce the amounts specified in Subsection (3).
4280 (6) A local school board of an eligible school, in coordination with the eligible school's
4281 turnaround committee, may elect to receive a reward under this section or receive funds
4282 described in Section [
4283 Section 128. Section 53E-5-308, which is renumbered from Section 53A-1-1208.1 is
4284 renumbered and amended to read:
4285 [
4286 retention.
4287 (1) As used in this section, "plan" means a teacher recruitment and retention plan.
4288 (2) On a date specified by the board, a local education board of a low performing
4289 school shall submit to the board for review and approval a plan to address teacher recruitment
4290 and retention in a low performing school.
4291 (3) The board shall:
4292 (a) review a plan submitted under Subsection (2);
4293 (b) approve a plan if the plan meets criteria established by the board in rules made in
4294 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
4295 (c) subject to legislative appropriations, provide funding to a local education board for
4296 teacher recruitment and retention efforts identified in an approved plan if the local education
4297 board provides matching funds in an amount equal to at least the funding the low performing
4298 school would receive from the board.
4299 (4) The money distributed under this section may only be expended to fund teacher
4300 recruitment and retention efforts identified in an approved plan.
4301 Section 129. Section 53E-5-309, which is renumbered from Section 53A-1-1209 is
4302 renumbered and amended to read:
4303 [
4304 (1) As used in this section, "school leader" means a school principal or assistant
4305 principal.
4306 (2) There is created the School Leadership Development Program to increase the
4307 number of highly effective school leaders capable of:
4308 (a) initiating, achieving, and sustaining school improvement efforts; and
4309 (b) forming and sustaining community partnerships as described in Section
4310 [
4311 (3) The board shall identify one or more providers, through a request for proposals
4312 process, to develop or provide leadership development training for school leaders that:
4313 (a) may provide in-depth training in proven strategies to turn around low performing
4314 schools;
4315 (b) may emphasize hands-on and job-embedded learning;
4316 (c) aligns with the state's leadership standards established by board rule;
4317 (d) reflects the needs of a school district or charter school where a school leader serves;
4318 (e) may include training on using student achievement data to drive decisions;
4319 (f) may develop skills in implementing and evaluating evidence-based instructional
4320 practices;
4321 (g) may develop skills in leading collaborative school improvement structures,
4322 including professional learning communities; and
4323 (h) includes instruction on forming and sustaining community partnerships as
4324 described in Section [
4325 (4) Subject to legislative appropriations, the State Board of Education shall provide
4326 incentive pay to a school leader who:
4327 (a) completes leadership development training under this section; and
4328 (b) agrees to work, for at least five years, in a school that received an F grade or D
4329 grade under the school accountability system in the school year previous to the first year the
4330 school leader:
4331 (i) completes leadership development training; and
4332 (ii) begins to work, or continues to work, in a school described in this Subsection
4333 (4)(b).
4334 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4335 board shall make rules specifying:
4336 (a) eligibility criteria for a school leader to participate in the School Leadership
4337 Development Program;
4338 (b) application procedures for the School Leadership Development Program;
4339 (c) criteria for selecting school leaders from the application pool; and
4340 (d) procedures for awarding incentive pay under Subsection (4).
4341 Section 130. Section 53E-5-310, which is renumbered from Section 53A-1-1210 is
4342 renumbered and amended to read:
4343 [
4344 On or before November 30 of each year, the board shall report to the Education Interim
4345 Committee on the provisions of this part.
4346 Section 131. Section 53E-5-311, which is renumbered from Section 53A-1-1211 is
4347 renumbered and amended to read:
4348 [
4349 Success Grant Program.
4350 If a low performing school is a member of a partnership that receives a grant under
4351 [
4352 Program, the school turnaround committee shall:
4353 (1) coordinate the school turnaround committee's efforts with the efforts of the
4354 partnership; and
4355 (2) ensure that the goals and outcomes of the partnership are aligned with the school
4356 turnaround plan described in this part.
4357 Section 132. Section 53E-6-101 is enacted to read:
4358
4359
4360 53E-6-101. Title.
4361 This chapter is known as "Education Professional Licensure."
4362 Section 133. Section 53E-6-102, which is renumbered from Section 53A-6-103 is
4363 renumbered and amended to read:
4364 [
4365 As used in this chapter:
4366 (1) "Accredited institution" means an institution meeting the requirements of Section
4367 [
4368 (2) (a) "Alternative preparation program" means preparation for licensure in
4369 accordance with applicable law and rule through other than an approved preparation program.
4370 (b) "Alternative preparation program" includes the competency-based licensing
4371 program described in Section [
4372 (3) "Ancillary requirement" means a requirement established by law or rule in addition
4373 to completion of an approved preparation program or alternative education program or
4374 establishment of eligibility under the NASDTEC Interstate Contract, and may include any of
4375 the following:
4376 (a) minimum grade point average;
4377 (b) standardized testing or assessment;
4378 (c) mentoring;
4379 (d) recency of professional preparation or experience;
4380 (e) graduation from an accredited institution; or
4381 (f) evidence relating to moral, ethical, physical, or mental fitness.
4382 (4) "Approved preparation program" means a program for preparation of educational
4383 personnel offered through an accredited institution in Utah or in a state which is a party to a
4384 contract with Utah under the NASDTEC Interstate Contract and which, at the time the program
4385 was completed by the applicant:
4386 (a) was approved by the governmental agency responsible for licensure of educators in
4387 the state in which the program was provided;
4388 (b) satisfied requirements for licensure in the state in which the program was provided;
4389 (c) required completion of a baccalaureate; and
4390 (d) included a supervised field experience.
4391 (5) "Board" means the State Board of Education.
4392 (6) "Certificate" means a license issued by a governmental jurisdiction outside the
4393 state.
4394 (7) "Core academic subjects" means English, reading or language arts, mathematics,
4395 science, foreign languages, civics and government, economics, arts, history, and geography.
4396 (8) "Educator" means:
4397 (a) a person who holds a license;
4398 (b) a teacher, counselor, administrator, librarian, or other person required, under rules
4399 of the board, to hold a license; or
4400 (c) a person who is the subject of an allegation which has been received by the board or
4401 UPPAC and was, at the time noted in the allegation, a license holder or a person employed in a
4402 position requiring licensure.
4403 (9) (a) "Endorsement" means a stipulation appended to a license setting forth the areas
4404 of practice to which the license applies.
4405 (b) An endorsement shall be issued upon completion of a competency-based teacher
4406 preparation program from a regionally accredited university that meets state content standards.
4407 (10) "License" means an authorization issued by the board which permits the holder to
4408 serve in a professional capacity in the public schools. The five levels of licensure are:
4409 (a) "letter of authorization," which is:
4410 (i) a temporary license issued to a person who has not completed requirements for a
4411 competency-based, or level 1, 2, or 3 license, such as:
4412 (A) a student teacher; or
4413 (B) a person participating in an alternative preparation program; or
4414 (ii) a license issued, pursuant to board rules, to a person who has achieved eminence,
4415 or has outstanding qualifications, in a field taught in public schools;
4416 (b) "competency-based license" which is issued to a teacher based on the teacher's
4417 demonstrated teaching skills and abilities;
4418 (c) "level 1 license," which is a license issued upon completion of:
4419 (i) a competency-based teacher preparation program from a regionally accredited
4420 university; or
4421 (ii) an approved preparation program or an alternative preparation program, or pursuant
4422 to an agreement under the NASDTEC Interstate Contract, to candidates who have also met all
4423 ancillary requirements established by law or rule;
4424 (d) "level 2 license," which is a license issued after satisfaction of all requirements for
4425 a level 1 license as well as any additional requirements established by law or rule relating to
4426 professional preparation or experience; and
4427 (e) "level 3 license," which is a license issued to an educator who holds a current Utah
4428 level 2 license and has also received, in the educator's field of practice, National Board
4429 certification or a doctorate from an accredited institution.
4430 (11) "NASDTEC" means the National Association of State Directors of Teacher
4431 Education and Certification.
4432 (12) "NASDTEC Interstate Contract" means the contract implementing [
4433
4434 which is administered through NASDTEC.
4435 (13) "National Board certification" means a current certificate issued by the National
4436 Board for Professional Teaching Standards.
4437 [
4438
4439 [
4440 Chapter 3, Utah Administrative Rulemaking Act.
4441 [
4442 services to a minor child.
4443 [
4444
4445 [
4446 Section 134. Section 53E-6-103, which is renumbered from Section 53A-6-102 is
4447 renumbered and amended to read:
4448 [
4449 Declaration of education as a profession.
4450 (1) (a) The Legislature acknowledges that education is perhaps the most important
4451 function of state and local governments, recognizing that the future success of our state and
4452 nation depend in large part upon the existence of a responsible and educated citizenry.
4453 (b) The Legislature further acknowledges that the primary responsibility for the
4454 education of children within the state resides with their parents or guardians and that the role of
4455 state and local governments is to support and assist parents in fulfilling that responsibility.
4456 (2) (a) The Legislature finds that:
4457 (i) quality teaching is the basic building block of successful schools and, outside of
4458 home and family circumstances, the essential component of student achievement;
4459 (ii) the high quality of teachers is absolutely essential to enhance student achievement
4460 and to assure educational excellence in each classroom in the state's public schools; and
4461 (iii) the implementation of a comprehensive continuum of data-driven strategies
4462 regarding recruitment, preservice, licensure, induction, professional development, and
4463 evaluation is essential if the state and its citizens expect every classroom to be staffed by a
4464 skilled, caring, and effective teacher.
4465 (b) In providing for the safe and effective performance of the function of educating
4466 Utah's children, the Legislature further finds it to be of critical importance that education,
4467 including instruction, administrative, and supervisory services, be recognized as a profession,
4468 and that those who are licensed or seek to become licensed and to serve as educators:
4469 (i) meet high standards both as to qualifications and fitness for service as educators
4470 through quality recruitment and preservice programs before assuming their responsibilities in
4471 the schools;
4472 (ii) maintain those standards in the performance of their duties while holding licenses,
4473 in large part through participating in induction and ongoing professional development
4474 programs focused on instructional improvement;
4475 (iii) receive fair, systematic evaluations of their performance at school for the purpose
4476 of enhancing the quality of public education and student achievement; and
4477 (iv) have access to a process for fair examination and review of allegations made
4478 against them and for the administration of appropriate sanctions against those found, in
4479 accordance with due process, to have failed to conduct themselves in a manner commensurate
4480 with their authority and responsibility to provide appropriate professional services to the
4481 children of the state.
4482 Section 135. Section 53E-6-201, which is renumbered from Section 53A-6-104 is
4483 renumbered and amended to read:
4484
4485 [
4486 (1) (a) The board may issue licenses for educators.
4487 (b) A person employed in a position that requires licensure by the board shall hold the
4488 appropriate license.
4489 (2) (a) The board may by rule rank, endorse, or otherwise classify licenses and
4490 establish the criteria for obtaining and retaining licenses.
4491 (b) (i) The board shall make rules requiring participation in professional development
4492 activities or compliance with a school district professional development plan as provided in
4493 Subsection (4) in order for educators to retain their licenses.
4494 (ii) An educator who is enrolling in a course of study at an institution within the state
4495 system of higher education to satisfy the professional development requirements of Subsection
4496 (2)(b)(i) is exempt from tuition, except for a semester registration fee established by the State
4497 Board of Regents, if:
4498 (A) the educator is enrolled on the basis of surplus space in the class after regularly
4499 enrolled students have been assigned and admitted to the class in accordance with regular
4500 procedures, normal teaching loads, and the institution's approved budget; and
4501 (B) enrollments are determined by each institution under rules and guidelines
4502 established by the State Board of Regents in accordance with findings of fact that space is
4503 available for the educator's enrollment.
4504 (3) Except as provided in Subsection (4), unless suspended or revoked by the board, or
4505 surrendered by the educator:
4506 (a) a letter of authorization is valid for one year, or a shorter period as specified by the
4507 board, subject to renewal by the board in accordance with board rules;
4508 (b) a competency-based license remains valid;
4509 (c) a level 1 license is valid for three years, subject to renewal by the board in
4510 accordance with board rules;
4511 (d) a level 2 license is valid for five years, subject to renewal by the board in
4512 accordance with board rules; and
4513 (e) a level 3 license is valid for seven years, subject to renewal by the board in
4514 accordance with board rules.
4515 (4) Unless suspended or revoked by the board, or surrendered by the educator, a level
4516 1, level 2, level 3, or competency-based license shall remain valid if:
4517 (a) the license holder is employed by a school district that has a comprehensive
4518 program to maintain and improve educators' skills in which performance standards, educator
4519 evaluation, and professional development are integrated; and
4520 (b) the license holder complies with school or school district professional development
4521 requirements.
4522 Section 136. Section 53E-6-202 (Superseded 07/01/18), which is renumbered from
4523 Section 53A-6-104.1 (Superseded 07/01/18) is renumbered and amended to read:
4524 [
4525 07/01/18). Reinstatement of a license.
4526 (1) An educator who previously held a license and whose license has expired may have
4527 the license reinstated by:
4528 (a) filing an application with the board on the form prescribed by the board;
4529 (b) paying the fee required by Section 53A-6-105; and
4530 (c) submitting to a criminal background check as required by Section [
4531 53G-11-403.
4532 (2) Upon successful completion of the criminal background check and verification that
4533 the applicant's previous license had not been revoked, suspended, or surrendered, the board
4534 shall reinstate the license.
4535 (3) An educator whose license is reinstated may not be required to obtain professional
4536 development not required of other educators with the same number of years of experience,
4537 except as provided in Subsection (4).
4538 (4) The principal of the school at which an educator whose license is reinstated is
4539 employed shall provide information and training, based on the educator's experience and
4540 education, that will assist the educator in performing the educator's assigned position.
4541 (5) The procedures for reinstating a license as provided in this section do not apply to
4542 an educator's license that expires while the educator is employed in a position requiring the
4543 license.
4544 Section 137. Section 53E-6-202 (Effective 07/01/18), which is renumbered from
4545 Section 53A-6-104.1 (Effective 07/01/18) is renumbered and amended to read:
4546 [
4547 07/01/18). Reinstatement of a license.
4548 (1) An educator who previously held a license and whose license has expired may have
4549 the license reinstated by:
4550 (a) filing an application with the board on the form prescribed by the board; and
4551 (b) submitting to a criminal background check as required by Section [
4552 53G-11-403.
4553 (2) Upon successful completion of the criminal background check and verification that
4554 the applicant's previous license had not been revoked, suspended, or surrendered, the board
4555 shall reinstate the license.
4556 (3) An educator whose license is reinstated may not be required to obtain professional
4557 development not required of other educators with the same number of years of experience,
4558 except as provided in Subsection (4).
4559 (4) The principal of the school at which an educator whose license is reinstated is
4560 employed shall provide information and training, based on the educator's experience and
4561 education, that will assist the educator in performing the educator's assigned position.
4562 (5) The procedures for reinstating a license as provided in this section do not apply to
4563 an educator's license that expires while the educator is employed in a position requiring the
4564 license.
4565 Section 138. Section 53E-6-203, which is renumbered from Section 53A-6-111 is
4566 renumbered and amended to read:
4567 [
4568 (1) As used in this section:
4569 (a) "Associate teacher" means a person who does not currently hold a level 1, 2, or 3
4570 license, but is permitted to teach in a public school under another authorization.
4571 (b) "Teacher" means a person who currently holds a level 1, 2, or 3 license.
4572 (2) Each school district and school shall identify and distinguish between teachers and
4573 associate teachers, including using the appropriate title in all communication with parents,
4574 guardians, and members of the public.
4575 (3) Lists of teachers and associate teachers shall be maintained at each school and shall
4576 be available for review by any person upon request.
4577 Section 139. Section 53E-6-301, which is renumbered from Section 53A-6-106 is
4578 renumbered and amended to read:
4579
4580 [
4581 Changes in qualifications.
4582 (1) The board shall establish by rule the scholarship, training, and experience required
4583 of license applicants.
4584 (2) (a) The board shall announce any increase in the requirements when made.
4585 (b) An increase in requirements shall become effective not less than one year from the
4586 date of the announcement.
4587 (3) The board may determine by examination or otherwise the qualifications of license
4588 applicants.
4589 Section 140. Section 53E-6-302, which is renumbered from Section 53A-6-107 is
4590 renumbered and amended to read:
4591 [
4592 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4593 board shall make rules that establish standards for approval of a preparation program or an
4594 alternative preparation program.
4595 (2) The board shall ensure that standards adopted under Subsection (1) meet or exceed
4596 generally recognized national standards for preparation of educators, such as those developed
4597 by the:
4598 (a) Interstate New Teacher Assessment and Support Consortium;
4599 (b) National Board for Professional Teaching Standards; or
4600 (c) Council for the Accreditation of Educator Preparation.
4601 (3) The board shall designate an employee of the board's staff to:
4602 (a) work with education deans of state institutions of higher education to coordinate
4603 on-site monitoring of teacher preparation programs that may include:
4604 (i) monitoring courses for teacher preparation programs;
4605 (ii) working with course instructors for teacher preparation programs; and
4606 (iii) interviewing students admitted to teacher preparation programs;
4607 (b) act as a liaison between:
4608 (i) the board;
4609 (ii) local school boards or charter school governing boards; and
4610 (iii) representatives of teacher preparation programs; and
4611 (c) report the employee's findings and recommendations for the improvement of
4612 teacher preparation programs to:
4613 (i) the board; and
4614 (ii) education deans of state institutions of higher education.
4615 (4) The board shall:
4616 (a) in good faith, consider the findings and recommendations described in Subsection
4617 (3)(c); and
4618 (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4619 make rules, as the board determines is necessary, to implement recommendations described in
4620 Subsection (3)(c).
4621 Section 141. Section 53E-6-303, which is renumbered from Section 53A-6-108 is
4622 renumbered and amended to read:
4623 [
4624 unapproved institutions.
4625 (1) An individual may not use a postsecondary degree or credit awarded by a
4626 postsecondary institution or program to gain a license, employment, or any other benefit within
4627 the public school system unless the institution or program was, at the time the degree or credit
4628 was awarded:
4629 (a) approved for the granting of the degree or credit by the board; or
4630 (b) accredited by an accrediting organization recognized by the board.
4631 (2) The board may grant an exemption from Subsection (1) to an individual who shows
4632 good cause for the granting of the exemption.
4633 Section 142. Section 53E-6-304, which is renumbered from Section 53A-6-110 is
4634 renumbered and amended to read:
4635 [
4636 authorization.
4637 (1) A local school board may request, and the board may grant, a letter of authorization
4638 permitting a person with outstanding professional qualifications to serve in any position that
4639 requires a person to hold an administrative/supervisory license or certificate, including
4640 principal, assistant principal, associate principal, vice principal, assistant superintendent,
4641 administrative assistant, director, specialist, or other district position.
4642 (2) The board may grant a letter of authorization permitting a person with outstanding
4643 professional qualifications to serve in a position that requires a person to hold an
4644 administrative/supervisory license or certificate.
4645 Section 143. Section 53E-6-305, which is renumbered from Section 53A-6-113 is
4646 renumbered and amended to read:
4647 [
4648 experience requirement.
4649 An individual who is employed at least half time in a position for which a teacher's
4650 license is required pursuant to board rule, including a position in an online school or a school
4651 that uses digital technologies for instruction or blended learning, satisfies the work experience
4652 requirement for participation in an alternative preparation program.
4653 Section 144. Section 53E-6-306, which is renumbered from Section 53A-6-104.5 is
4654 renumbered and amended to read:
4655 [
4656 (1) A competency-based license to teach may be issued based on the demonstrated
4657 competence of a teacher as provided in this section.
4658 (2) A local school board or charter school may request, and the board shall grant, upon
4659 receipt of documentation from the local school board or charter school verifying the person's
4660 qualifications as specified in this section, a competency-based license to a person who meets
4661 the qualifications specified in this section and submits to a criminal background check as
4662 required in Section [
4663 (3) A local school board or charter school may request a competency-based license if
4664 the candidate meets the following qualifications:
4665 (a) a license candidate who teaches one or more core academic subjects in an
4666 elementary school shall:
4667 (i) hold at least a bachelor's degree; and
4668 (ii) have demonstrated, by passing a rigorous state test, subject knowledge and teaching
4669 skills in reading, writing, mathematics, and other areas of the basic elementary school
4670 curriculum;
4671 (b) a license candidate who teaches one or more core academic subjects in a middle or
4672 secondary school shall:
4673 (i) hold at least a bachelor's degree; and
4674 (ii) have demonstrated a high level of competency in each of the academic subjects in
4675 which the teacher teaches by:
4676 (A) passing a rigorous state academic subject test in each of the academic subjects in
4677 which the teacher teaches; or
4678 (B) successful completion, in each of the academic subjects in which the teacher
4679 teaches, of an academic major, a graduate degree, course work equivalent to an undergraduate
4680 academic major, or advanced certification or credentialing; or
4681 (c) a license candidate who teaches subjects other than a core academic subject in an
4682 elementary, middle, or high school shall:
4683 (i) hold a bachelor's degree, associate's degree, or skill certification; and
4684 (ii) have skills, talents, or abilities, as evaluated by the employing entity, that make the
4685 person suited for the teaching position.
4686 (4) A school district or charter school:
4687 (a) shall monitor and assess the performance of each teacher holding a
4688 competency-based license; and
4689 (b) may recommend that the competency-based license holder's training and
4690 assessment be reviewed by the board for a level 1 license.
4691 Section 145. Section 53E-6-307, which is renumbered from Section 53A-6-404 is
4692 renumbered and amended to read:
4693 [
4694 licensing in Utah.
4695 (1) An applicant for a license, renewal of a license, or reinstatement of a license shall
4696 provide the administrator of teacher licensing with an affidavit, stating under oath the current
4697 status of any certificate, license, or other authorization required for a professional position in
4698 education, which the applicant holds or has held in any other jurisdiction.
4699 (2) An applicant for a license who has held a teacher's license in any other jurisdiction
4700 or who graduated from an institution of higher education in another state shall also provide the
4701 administrator of teacher licensing with:
4702 (a) a complete listing of the higher education institutions attended by the applicant,
4703 whether the applicant's enrollment or eligibility for completion of a program was terminated by
4704 the institution, and, if so, the reasons for termination;
4705 (b) a complete list of prior school employers; and
4706 (c) a release on a form provided by the administrator permitting the board to obtain
4707 records from other jurisdictions and from institutions of higher education attended by the
4708 applicant, including expunged or otherwise protected records, relating to any offense described
4709 substantially in the same language as in Section [
4710 (3) If the applicant's certificate, license, or authorization as an educator in any other
4711 jurisdiction is under investigation, has expired or been surrendered, suspended or revoked, or is
4712 currently not valid for any other reason, the board may not grant the requested license, renewal,
4713 or reinstatement until it has received confirmation from the administrator of professional
4714 certification in that jurisdiction that the applicant would be eligible for certification or licensure
4715 in that jurisdiction.
4716 (4) The board may not withhold a license for the sole reason that the applicant would
4717 be ineligible for certification, licensure, or authorization in the jurisdiction referred to in
4718 Subsection (3) because of failure to meet current requirements in that jurisdiction relating to
4719 education, time in service, or residence.
4720 Section 146. Section 53E-6-401, which is renumbered from Section 53A-6-401 is
4721 renumbered and amended to read:
4722
4723 [
4724 In accordance with Section [
4725 shall require a license applicant to submit to a criminal background check and ongoing
4726 monitoring as a condition for licensing.
4727 Section 147. Section 53E-6-402, which is renumbered from Section 53A-6-402 is
4728 renumbered and amended to read:
4729 [
4730 recommendations -- Local public school-required licensing recommendations -- Notice
4731 requirements for affected parties -- Exemption from liability.
4732 (1) (a) The board shall provide the appropriate administrator of a public or private
4733 school or of an agency outside the state that is responsible for licensing or certifying
4734 educational personnel with a recommendation or other information possessed by the board that
4735 has significance in evaluating the employment or license of:
4736 (i) a current or prospective school employee;
4737 (ii) an educator or education license holder; or
4738 (iii) a license applicant.
4739 (b) Information supplied under Subsection (1)(a) shall include:
4740 (i) the complete record of a hearing; and
4741 (ii) the investigative report for matters that:
4742 (A) the educator has had an opportunity to contest; and
4743 (B) did not proceed to a hearing.
4744 (2) At the request of the board, an administrator of a public school or school district
4745 shall, and an administrator of a private school may, provide the board with a recommendation
4746 or other information possessed by the school or school district that has significance in
4747 evaluating the:
4748 (a) license of an educator or education license holder; or
4749 (b) potential licensure of a license applicant.
4750 (3) If the board decides to deny licensure or to take action against an educator's license
4751 based upon information provided under this section, the board shall:
4752 (a) give notice of the information to the educator or license applicant; and
4753 (b) afford the educator or license applicant an opportunity to respond to the
4754 information.
4755 (4) A person who, in good faith, provides a recommendation or discloses or receives
4756 information under this section is exempt from civil and criminal liability relating to that
4757 recommendation, receipt, or disclosure.
4758 Section 148. Section 53E-6-403, which is renumbered from Section 53A-6-403 is
4759 renumbered and amended to read:
4760 [
4761 Technical Services Division.
4762 (1) The board shall:
4763 (a) designate employees to act, with board supervision, as an online terminal agency
4764 with the Department of Public Safety's Criminal Investigations and Technical Services
4765 Division under Section 53-10-108; and
4766 (b) provide relevant information concerning current or prospective employees or
4767 volunteers upon request to other school officials as provided in Section [
4768 53E-6-402.
4769 (2) The cost of the online service shall be borne by the entity making the inquiry.
4770 Section 149. Section 53E-6-501, which is renumbered from Section 53A-6-301 is
4771 renumbered and amended to read:
4772
4773 [
4774 Commission established.
4775 The Utah Professional Practices Advisory Commission, UPPAC, is established to assist
4776 and advise the board in matters relating to the professional practices of educators.
4777 Section 150. Section 53E-6-502, which is renumbered from Section 53A-6-302 is
4778 renumbered and amended to read:
4779 [
4780 (1) UPPAC shall consist of a nonvoting executive secretary and 11 voting members,
4781 nine of whom shall be licensed educators in good standing, and two of whom shall be members
4782 nominated by the education organization within the state that has the largest membership of
4783 parents of students and teachers.
4784 (2) Six of the voting members shall be persons whose primary responsibility is
4785 teaching.
4786 (3) (a) The state superintendent of public instruction shall appoint an employee to serve
4787 as executive secretary.
4788 (b) Voting members are appointed by the superintendent as provided under Section
4789 [
4790 (4) Board employees shall staff UPPAC activities.
4791 Section 151. Section 53E-6-503, which is renumbered from Section 53A-6-303 is
4792 renumbered and amended to read:
4793 [
4794 members -- Reappointments.
4795 (1) (a) The board shall adopt rules establishing procedures for nominating and
4796 appointing individuals to voting membership on UPPAC.
4797 (b) Nomination petitions must be filed with the state superintendent prior to June 16 of
4798 the year of appointment.
4799 (c) A nominee for appointment as a member of UPPAC as an educator must have been
4800 employed in the representative class in the Utah public school system or a private school
4801 accredited by the board during the three years immediately preceding the date of appointment.
4802 (2) The state superintendent of public instruction shall appoint the members of the
4803 commission.
4804 (3) Appointments begin July 1 and are for terms of three years and until a successor is
4805 appointed.
4806 (4) Terms of office are staggered so that approximately 1/3 of UPPAC members are
4807 appointed annually.
4808 (5) A member may not serve more than two terms.
4809 Section 152. Section 53E-6-504, which is renumbered from Section 53A-6-304 is
4810 renumbered and amended to read:
4811 [
4812 (1) A UPPAC vacancy occurs if a member resigns, fails to attend three or more
4813 meetings during a calendar year, or no longer meets the requirements for nomination and
4814 appointment.
4815 (2) If a vacancy occurs, the state superintendent shall appoint a successor to fill the
4816 unexpired term.
4817 (3) If the superintendent does not fill the vacancy within 60 days, the board shall make
4818 the appointment.
4819 (4) Nominations to fill vacancies are submitted to the superintendent in accordance
4820 with procedures established under rules of the board.
4821 Section 153. Section 53E-6-505 (Superseded 07/01/18), which is renumbered from
4822 Section 53A-6-305 (Superseded 07/01/18) is renumbered and amended to read:
4823 [
4824 Meetings and expenses of UPPAC members.
4825 (1) UPPAC shall meet at least quarterly and at the call of the chair or of a majority of
4826 the members.
4827 (2) Members of UPPAC serve without compensation but are allowed reimbursement
4828 for actual and necessary expenses under the rules of the Division of Finance.
4829 (3) The board shall pay reimbursement to UPPAC members out of the Professional
4830 Practices Restricted Subfund in the Uniform School Fund.
4831 Section 154. Section 53E-6-505 (Effective 07/01/18), which is renumbered from
4832 Section 53A-6-305 (Effective 07/01/18) is renumbered and amended to read:
4833 [
4834 expenses of UPPAC members.
4835 (1) UPPAC shall meet at least quarterly and at the call of the chair or of a majority of
4836 the members.
4837 (2) Members of UPPAC serve without compensation but are allowed reimbursement
4838 for actual and necessary expenses under the rules of the Division of Finance.
4839 (3) The board shall pay reimbursement to UPPAC members out of the Education Fund.
4840 Section 155. Section 53E-6-506, which is renumbered from Section 53A-6-306 is
4841 renumbered and amended to read:
4842 [
4843 (1) The board may direct UPPAC to review a complaint about an educator and
4844 recommend that the board:
4845 (a) dismiss the complaint; or
4846 (b) investigate the complaint in accordance with this section.
4847 (2) (a) The board may direct UPPAC to:
4848 (i) in accordance with this section, investigate a complaint's allegation or decision; or
4849 (ii) hold a hearing.
4850 (b) UPPAC may initiate a hearing as part of an investigation.
4851 (c) Upon completion of an investigation or hearing, UPPAC shall:
4852 (i) provide findings to the board; and
4853 (ii) make a recommendation for board action.
4854 (d) UPPAC may not make a recommendation described in Subsection (2)(c)(ii) to
4855 adversely affect an educator's license unless UPPAC gives the educator an opportunity for a
4856 hearing.
4857 (3) (a) The board may:
4858 (i) select an independent investigator to conduct a UPPAC investigation with UPPAC
4859 oversight; or
4860 (ii) authorize UPPAC to select and oversee an independent investigator to conduct an
4861 investigation.
4862 (b) In conducting an investigation, UPPAC or an independent investigator shall
4863 conduct the investigation independent of and separate from a related criminal investigation.
4864 (c) In conducting an investigation, UPPAC or an independent investigator may:
4865 (i) in accordance with Section [
4866 subpoenas; or
4867 (ii) receive evidence related to an alleged offense, including sealed or expunged
4868 records released to the board under Section 77-40-109.
4869 (d) If UPPAC finds that reasonable cause exists during an investigation, UPPAC may
4870 recommend that the board initiate a background check on an educator as described in Section
4871 [
4872 (e) UPPAC has a rebuttable presumption that an educator committed a sexual offense
4873 against a minor child if the educator voluntarily surrendered a license or certificate or allowed a
4874 license or certificate to lapse in the face of a charge of having committed a sexual offense
4875 against a minor child.
4876 (4) The board may direct UPPAC to:
4877 (a) recommend to the board procedures for:
4878 (i) receiving and processing complaints;
4879 (ii) investigating a complaint's allegation or decision;
4880 (iii) conducting hearings; or
4881 (iv) reporting findings and making recommendations to the board for board action;
4882 (b) recommend to the board or a professional organization of educators:
4883 (i) standards of professional performance, competence, and ethical conduct for
4884 educators; or
4885 (ii) suggestions for improvement of the education profession; or
4886 (c) fulfill other duties the board finds appropriate.
4887 (5) UPPAC may not participate as a party in a dispute relating to negotiations between:
4888 (a) a school district and the school district's educators; or
4889 (b) a charter school and the charter school's educators.
4890 (6) The board shall make rules establishing UPPAC duties and procedures.
4891 Section 156. Section 53E-6-601, which is renumbered from Section 53A-6-601 is
4892 renumbered and amended to read:
4893
4894 [
4895 As used in this part "hearing" means a proceeding held in accordance with generally
4896 accepted principles of due process and administrative law in which definite issues of fact or of
4897 law are tried before a hearing body, and in which proceeding evidence is presented and
4898 witnesses heard, and in which the party against whom the proceedings are held has a right to:
4899 (1) appear with or without counsel to present evidence, confront and cross-examine
4900 witnesses, or subpoena witnesses; and
4901 (2) obtain a decision based solely upon evidence presented to the hearing body in the
4902 presence of both parties or representatives of both parties, recognizing that presence is satisfied
4903 if a party has been given a reasonable opportunity to attend, even if the party fails to do so.
4904 Section 157. Section 53E-6-602, which is renumbered from Section 53A-6-307 is
4905 renumbered and amended to read:
4906 [
4907 action -- Appeal rights.
4908 (1) The board holds the power to license educators.
4909 (2) (a) The board shall take final action with regard to an educator license.
4910 (b) An entity other than the board may not take final action with regard to an educator
4911 license.
4912 (3) (a) In accordance with Subsection (3)(b), a license applicant or an educator may
4913 seek judicial review of a final action made by the board under this chapter.
4914 (b) A license applicant or educator may file a petition for judicial review of the board's
4915 final action if the license applicant or educator files a petition within 30 days after the day on
4916 which the license applicant or educator received notice of the final action.
4917 Section 158. Section 53E-6-603, which is renumbered from Section 53A-6-405 is
4918 renumbered and amended to read:
4919 [
4920 (1) The board may refuse to issue a license to a license applicant if the board finds
4921 good cause for the refusal, including behavior of the applicant:
4922 (a) found pursuant to a criminal, civil, or administrative matter after reasonable
4923 opportunity for the applicant to contest the allegation; and
4924 (b) considered, as behavior of an educator, to be:
4925 (i) immoral, unprofessional, or incompetent behavior; or
4926 (ii) a violation of standards of ethical conduct, performance, or professional
4927 competence.
4928 (2) The board may not issue, renew, or reinstate an educator license if the license
4929 applicant or educator:
4930 (a) was convicted of a felony of a sexual nature;
4931 (b) pled guilty to a felony of a sexual nature;
4932 (c) entered a plea of no contest to a felony of a sexual nature;
4933 (d) entered a plea in abeyance to a felony of a sexual nature;
4934 (e) was convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual
4935 Offenses, against a minor child;
4936 (f) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
4937 student who is a minor;
4938 (g) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
4939 student who is:
4940 (i) not a minor; and
4941 (ii) enrolled in a school where the license applicant or educator is or was employed; or
4942 (h) admits to the board or UPPAC that the license applicant or educator committed
4943 conduct that amounts to:
4944 (i) a felony of a sexual nature; or
4945 (ii) a sexual offense or sexually explicit conduct described in Subsection (2)(e), (f), or
4946 (g).
4947 (3) If an individual is ineligible for licensure under Subsection (1) or (2), a public
4948 school may not:
4949 (a) employ the person in the public school; or
4950 (b) allow the person to volunteer in the public school.
4951 (4) (a) If the board denies licensure under this section, the board shall immediately
4952 notify the applicant of:
4953 (i) the denial; and
4954 (ii) the applicant's right to request a hearing before UPPAC.
4955 (b) Upon receipt of a notice described in Subsection (4)(a), an applicant may, within 30
4956 days after the day on which the applicant received the notice, request a hearing before UPPAC
4957 for the applicant to review and respond to all evidence upon which the board based the denial.
4958 (c) If the board receives a request for a hearing described in Subsection (4)(b), the
4959 board shall direct UPPAC to hold a hearing.
4960 Section 159. Section 53E-6-604, which is renumbered from Section 53A-6-501 is
4961 renumbered and amended to read:
4962 [
4963 (1) (a) The board shall direct UPPAC to investigate an allegation, administrative
4964 decision, or judicial decision that evidences an educator is unfit for duty because the educator
4965 exhibited behavior that:
4966 (i) is immoral, unprofessional, or incompetent; or
4967 (ii) violates standards of ethical conduct, performance, or professional competence.
4968 (b) If the board determines an allegation or decision described in Subsection (1)(a)
4969 does not evidence an educator's unfitness for duty, the board may dismiss the allegation or
4970 decision without an investigation or hearing.
4971 (2) The board shall direct UPPAC to investigate and allow an educator to respond in a
4972 UPPAC hearing if the board receives an allegation that the educator:
4973 (a) was charged with a felony of a sexual nature;
4974 (b) was convicted of a felony of a sexual nature;
4975 (c) pled guilty to a felony of a sexual nature;
4976 (d) entered a plea of no contest to a felony of a sexual nature;
4977 (e) entered a plea in abeyance to a felony of a sexual nature;
4978 (f) was convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual
4979 Offenses, against a minor child;
4980 (g) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
4981 student who is a minor; or
4982 (h) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
4983 student who is:
4984 (i) not a minor; and
4985 (ii) enrolled in a school where the educator is or was employed.
4986 (3) Upon notice that an educator allegedly violated Section [
4987 the board shall direct UPPAC to:
4988 (a) investigate the alleged violation; and
4989 (b) hold a hearing to allow the educator to respond to the allegation.
4990 (4) Upon completion of an investigation or hearing described in this section, UPPAC
4991 shall:
4992 (a) provide findings to the board; and
4993 (b) make a recommendation for board action.
4994 (5) (a) Except as provided in Subsection (5)(b), upon review of UPPAC's findings and
4995 recommendation, the board may:
4996 (i) revoke the educator's license;
4997 (ii) suspend the educator's license;
4998 (iii) restrict or prohibit the educator from renewing the educator's license;
4999 (iv) warn or reprimand the educator;
5000 (v) enter into a written agreement with the educator that requires the educator to
5001 comply with certain conditions;
5002 (vi) direct UPPAC to further investigate or gather information; or
5003 (vii) take other action the board finds to be appropriate for and consistent with the
5004 educator's behavior.
5005 (b) Upon review of UPPAC's findings and recommendation, the board shall revoke the
5006 license of an educator who:
5007 (i) was convicted of a felony of a sexual nature;
5008 (ii) pled guilty to a felony of a sexual nature;
5009 (iii) entered a plea of no contest to a felony of a sexual nature;
5010 (iv) entered a plea in abeyance to a felony of a sexual nature;
5011 (v) was convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual
5012 Offenses, against a minor child;
5013 (vi) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
5014 student who is a minor;
5015 (vii) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
5016 student who is:
5017 (A) not a minor; and
5018 (B) enrolled in a school where the educator is or was employed; or
5019 (viii) admits to the board or UPPAC that the applicant committed conduct that amounts
5020 to:
5021 (A) a felony of a sexual nature; or
5022 (B) a sexual offense or sexually explicit conduct described in Subsection (5)(b)(v), (vi),
5023 or (vii).
5024 (c) The board may not reinstate a revoked license.
5025 (d) Before the board takes adverse action against an educator under this section, the
5026 board shall ensure that the educator had an opportunity for a UPPAC hearing.
5027 Section 160. Section 53E-6-605, which is renumbered from Section 53A-6-602 is
5028 renumbered and amended to read:
5029 [
5030 of findings.
5031 (1) UPPAC or a state or local school board charged with responsibility for conducting
5032 a hearing may conduct the hearing itself or appoint a hearing officer or panel to conduct the
5033 hearing and make recommendations concerning findings.
5034 (2) UPPAC or the school board shall review the record of the hearing and the
5035 recommendations, and may obtain and review, in the presence of the parties or their
5036 representatives, additional relevant information, prior to issuing official findings.
5037 (3) UPPAC shall provide a panel of its members to serve as fact finders in a hearing at
5038 the request of the educator who is the subject of the hearing.
5039 Section 161. Section 53E-6-606, which is renumbered from Section 53A-6-603 is
5040 renumbered and amended to read:
5041 [
5042 (1) UPPAC or a state or local school board charged with responsibility for conducting
5043 an investigation or a hearing under this chapter may administer oaths and issue subpoenas in
5044 connection with the investigation or hearing.
5045 (2) If a hearing is before a hearing officer or panel, the hearing officer or panel may
5046 administer oaths, and the appointing body may issue subpoenas upon the request of the hearing
5047 officer or panel.
5048 (3) Subpoenas shall be enforced upon the petition of the issuing body by the district
5049 court in the jurisdiction where the subpoena was issued, in the same manner as subpoenas
5050 issued by the court.
5051 Section 162. Section 53E-6-607, which is renumbered from Section 53A-6-604 is
5052 renumbered and amended to read:
5053 [
5054 proof.
5055 (1) The board and each local school board shall adopt rules for the conduct of hearings
5056 to ensure that requirements of due process are met.
5057 (2) An accused party shall be provided not less than 15 days before a hearing with:
5058 (a) notice of the hearing;
5059 (b) the law, rule, or policy alleged to have been violated;
5060 (c) sufficient information about the allegations and the evidence to be presented in
5061 support of the allegations to permit the accused party to prepare a meaningful defense; and
5062 (d) a copy of the rules under which the hearing will be conducted.
5063 (3) If an accused party fails to request a hearing within 30 days after written notice is
5064 sent to the party's address as shown on the records of the local board, for actions taken under
5065 the auspices of a local board, or on the records of the board, for actions taken under the
5066 auspices of the board, then the accused party shall be considered to have waived the right to a
5067 hearing and the action may proceed without further delay.
5068 (4) Hearing fact finders shall use the preponderance of evidence standard in deciding
5069 all questions unless a higher standard is required by law.
5070 (5) Unless otherwise provided in this [
5071 state and local boards are final determinations under this section, appealable to the appropriate
5072 court for review.
5073 Section 163. Section 53E-6-701, which is renumbered from Section 53A-6-502 is
5074 renumbered and amended to read:
5075
5076 [
5077 of students.
5078 (1) For purposes of this section, "educator" means, in addition to a person included
5079 under Section [
5080 who at the time of an alleged offense was performing a function in a private school for which a
5081 license would be required in a public school.
5082 (2) In addition to any duty to report suspected cases of child abuse or neglect under
5083 Section 62A-4a-403, an educator who has reasonable cause to believe that a student may have
5084 been physically or sexually abused by a school employee shall immediately report the belief
5085 and all other relevant information to the school principal, to the superintendent, or to the board.
5086 (3) A school administrator who has received a report under Subsection (2) or who
5087 otherwise has reasonable cause to believe that a student may have been physically or sexually
5088 abused by an educator shall immediately report that information to the board.
5089 (4) Upon notice that an educator allegedly violated Subsection (2) or (3), the board
5090 shall direct UPPAC to investigate the educator's alleged violation as described in Section
5091 [
5092 (5) A person who makes a report under this section in good faith shall be immune from
5093 civil or criminal liability that might otherwise arise by reason of that report.
5094 Section 164. Section 53E-6-702, which is renumbered from Section 53A-6-503 is
5095 renumbered and amended to read:
5096 [
5097 educators.
5098 (1) As used in this section:
5099 (a) "Action" means any action, except those referred to in Section 52-6-201, brought
5100 against an educator by an individual or entity other than:
5101 (i) the entity who licenses the educator; and
5102 (ii) the school district that employs the educator or employed the educator at the time
5103 of the alleged act or omission.
5104 (b) "Educator" means an individual who holds or is required to hold a license under
5105 this chapter and is employed by a school district located within the state.
5106 (c) "School district" includes the Schools for the Deaf and the Blind and the state's
5107 applied technology centers.
5108 (2) Except as otherwise provided in Section 52-6-201, an educator is entitled to recover
5109 reasonable attorneys' fees and costs incurred in the educator's defense against an individual or
5110 entity who initiates an action against the educator if:
5111 (a) the action is brought for any act or omission of the educator during the performance
5112 of the educator's duties within the scope of the educator's employment; and
5113 (b) it is dismissed or results in findings favorable to the educator.
5114 (3) An educator who recovers under this section is also entitled to recover reasonable
5115 attorneys' fees and costs necessarily incurred by the educator in recovering the attorneys' fees
5116 and costs allowed under Subsection (2).
5117 Section 165. Section 53E-6-703, which is renumbered from Section 53A-3-421 is
5118 renumbered and amended to read:
5119 [
5120 Administrative hearing by local school board -- Action on complaint.
5121 (1) (a) No civil action by or on behalf of a student relating to the professional
5122 competence or performance of a licensed employee of a school district, or to the discipline of
5123 students by a licensed employee, application of in loco parentis, or a violation of ethical
5124 conduct by an employee of a school district, may be brought in a court until at least 60 days
5125 after the filing of a written complaint with the local board of education of the district, or until
5126 findings have been issued by the local board after a hearing on the complaint, whichever is
5127 sooner.
5128 (b) As used in Subsection (1)(a), "in loco parentis" means the power of professional
5129 school personnel to exercise the rights, duties, and responsibilities of a reasonable, responsible
5130 parent in dealing with students in school-related matters.
5131 (c) A parent of a student has standing to file a civil action against an employee who
5132 provides services to a school attended by the student.
5133 (2) Within 15 days of receiving a complaint under Subsection (1), a local school board
5134 may elect to refer the complaint to the State Board of Education.
5135 (3) If a complaint is referred to the board, no civil action may be brought in a court on
5136 matters relating to the complaint until the board has provided a hearing and issued its findings
5137 or until 90 days after the filing of the complaint with the local school board, whichever is
5138 sooner.
5139 Section 166. Section 53E-6-801, which is renumbered from Section 53A-7-101 is
5140 renumbered and amended to read:
5141
5142 [
5143 (1) The president of a professional local organization which represents a majority of
5144 the licensed employees of a school district or the chairman or president of a local school board
5145 may, after negotiating for 90 days, declare an impasse by written notification to the other party
5146 and to the State Board of Education.
5147 (2) The party declaring the impasse may request the state superintendent of public
5148 instruction to appoint a mediator for the purpose of helping to resolve the impasse if the parties
5149 to the dispute have not been able to agree on a third party mediator.
5150 (3) Within five working days after receipt of the written request, the state
5151 superintendent shall appoint a mediator who is mutually acceptable to the local school board
5152 and the professional organization representing a majority of the licensed employees.
5153 (4) The mediator shall meet with the parties, either jointly or separately, and attempt to
5154 settle the impasse.
5155 (5) The mediator may not, without the consent of both parties, make findings of fact or
5156 recommend terms for settlement.
5157 (6) Both parties shall equally share the costs of mediation.
5158 (7) Nothing in this section prevents the parties from adopting a written mediation
5159 procedure other than that provided in this section.
5160 (8) If the parties have a mediation procedure, they shall follow that procedure.
5161 Section 167. Section 53E-6-802, which is renumbered from Section 53A-7-102 is
5162 renumbered and amended to read:
5163 [
5164 process.
5165 (1) If a mediator appointed under Section [
5166 settlement of the controversy within 15 working days after his appointment, either party to the
5167 mediation may by written notification to the other party and to the state superintendent of
5168 public instruction request that their dispute be submitted to a hearing officer who shall make
5169 findings of fact and recommend terms of settlement.
5170 (2) Within five working days after receipt of the request, the state superintendent of
5171 public instruction shall appoint a hearing officer who is mutually acceptable to the local school
5172 board and the professional organization representing a majority of the certificated employees.
5173 (3) The hearing officer may not, without consent of both parties, be the same person
5174 who served as mediator.
5175 (4) The hearing officer shall meet with the parties, either jointly or separately, may
5176 make inquiries and investigations, and may issue subpoenas for the production of persons or
5177 documents relevant to all issues in dispute.
5178 (5) The State Board of Education and departments, divisions, authorities, bureaus,
5179 agencies, and officers of the state, local school boards, and the professional organization shall
5180 furnish the hearing officer, on request, all relevant records, documents, and information in their
5181 possession.
5182 (6) If the final positions of the parties are not resolved before the hearing ends, the
5183 hearing officer shall prepare a written report containing the agreements of the parties with
5184 respect to all resolved negotiated contract issues and the positions that the hearing officer
5185 considers appropriate on all unresolved final positions of the parties.
5186 (7) The hearing officer shall submit the report to the parties privately within 10
5187 working days after the conclusion of the hearing or within the date established for the
5188 submission of posthearing briefs, but not later than 20 working days after the hearing officer's
5189 appointment.
5190 (8) Either the hearing officer, the professional organization, or the local board may
5191 make the report public if the dispute is not settled within 10 working days after its receipt from
5192 the hearing officer.
5193 (9) (a) The state superintendent of public instruction may determine the majority status
5194 of any professional organization which requests assistance under this section.
5195 (b) The decision of the superintendent is final unless it is clearly inconsistent with the
5196 evidence.
5197 Section 168. Section 53E-6-901, which is renumbered from Section 53A-6-109 is
5198 renumbered and amended to read:
5199
5200 [
5201 (1) A substitute teacher need not hold a license to teach, but school districts are
5202 encouraged to hire licensed personnel as substitutes when available.
5203 (2) A person must submit to a background check under Section [
5204 53G-11-402 prior to employment as a substitute teacher.
5205 (3) A teacher's position in the classroom may not be filled by an unlicensed substitute
5206 teacher for more than a total of 20 days during any school year unless licensed personnel are
5207 not available.
5208 (4) A person who is ineligible to hold a license for any reason other than professional
5209 preparation may not serve as a substitute teacher.
5210 Section 169. Section 53E-6-902, which is renumbered from Section 53A-6-115 is
5211 renumbered and amended to read:
5212 [
5213 (1) As used in this section, "teacher" means an educator who has an assignment to
5214 teach in a classroom.
5215 (2) There is created the role of a teacher leader to:
5216 (a) work with a student teacher and a teacher who supervises a student teacher;
5217 (b) assist with the training of a recently hired teacher; and
5218 (c) support school-based professional learning.
5219 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5220 board:
5221 (a) shall make rules that:
5222 (i) define the role of a teacher leader, including the functions described in Subsection
5223 (2); and
5224 (ii) establish the minimum criteria for a teacher to qualify as a teacher leader; and
5225 (b) may make rules that create an endorsement for a teacher leader.
5226 (4) A school district or charter school may assign a teacher to a teacher leader position
5227 without a teacher leader endorsement.
5228 (5) (a) The board shall solicit recommendations from school districts and educators
5229 regarding:
5230 (i) appropriate resources to provide a teacher leader; and
5231 (ii) appropriate ways to compensate a teacher leader.
5232 (b) The board shall report the board's findings and recommendations described in
5233 Subsection (5)(a) to the Education Interim Committee on or before the committee's November
5234 2016 interim meeting.
5235 Section 170. Section 53E-6-903, which is renumbered from Section 53A-6-116 is
5236 renumbered and amended to read:
5237 [
5238 (1) As used in this section:
5239 (a) "Junior Reserve Officer's Training Corps instructor" or "JROTC instructor" means
5240 an individual who:
5241 (i) provides instruction authorized by 10 U.S.C. Sec. 2031; and
5242 (ii) is qualified to provide instruction in accordance with 10 U.S.C. Sec. 2033.
5243 (b) "Junior Reserve Officer's Training Corps program" or "JROTC program" means a
5244 program established in a school district or charter school as described in 10 U.S.C. Sec. 2031.
5245 (2) A school district, a charter school, or the board may not require that a JROTC
5246 instructor hold a license as described in this [
5247 JROTC program.
5248 (3) A JROTC instructor shall submit to a background check under Section
5249 [
5250 school.
5251 Section 171. Section 53E-6-1001, which is renumbered from Section 53A-6-201 is
5252 renumbered and amended to read:
5253
5254 [
5255 The Compact for Interstate Qualification of Educational Personnel is hereby enacted
5256 into law and entered into with all other states legally joining therein.
5257 Section 172. Section 53E-6-1002, which is renumbered from Section 53A-6-202 is
5258 renumbered and amended to read:
5259 [
5260 (1) The states party to this compact, desiring by common action to improve their
5261 respective school systems by utilizing the teacher or other professional educational person
5262 wherever educated, declare that it is the policy of each of them, on the basis of cooperation
5263 with one another, to take advantage of the preparation and experience of such persons wherever
5264 gained, thereby serving the best interests of society, of education, and of the teaching
5265 profession. It is the purpose of this compact to provide for the development and execution of
5266 such programs of cooperation as will facilitate the movement of teachers and other professional
5267 educational personnel among the states party to it, and to authorize specific interstate
5268 educational personnel contracts to achieve that end.
5269 (2) The party states find that included in the large movement of population among all
5270 sections of the nation are many qualified educational personnel who move for family and other
5271 personal reasons but who are hindered in using their professional skill and experience in their
5272 new locations. Variations from state to state in requirements for qualifying educational
5273 personnel discourage such personnel from taking the steps necessary to qualify in other states.
5274 As a consequence, a significant number of professionally prepared and experienced educators
5275 is lost to our school systems. Facilitating the employment of qualified educational personnel,
5276 without reference to their states of origin, can increase the available educational resources.
5277 Participation in this compact can increase the availability of educational manpower.
5278 Section 173. Section 53E-6-1003, which is renumbered from Section 53A-6-203 is
5279 renumbered and amended to read:
5280 [
5281 As used in this compact and contracts made pursuant to it:
5282 (1) The words "educational personnel" mean persons who must meet requirements
5283 pursuant to state law as a condition of employment in educational programs.
5284 (2) The words "designated state official" mean the education official of a state selected
5285 by that state to negotiate and enter into, on behalf of his state, contracts pursuant to this
5286 compact.
5287 (3) The word "accept," or any variant thereof, means to recognize and give effect to
5288 one or more determinations of another state relating to the qualifications of educational
5289 personnel in lieu of making or requiring a like determination that would otherwise be required
5290 by or pursuant to the laws of a receiving state.
5291 (4) The word "state" means a state, territory, or possession of the United States; the
5292 District of Columbia; or the Commonwealth of Puerto Rico.
5293 (5) The words "originating state" mean a state, and the subdivision thereof, if any,
5294 whose determination that certain educational personnel are qualified to be employed for
5295 specific duties in schools is acceptable in accordance with the terms of a contract made
5296 pursuant to Section [
5297 (6) The words "receiving state" mean a state, and the subdivisions thereof, which
5298 accept educational personnel in accordance with the terms of a contract made under Section
5299 [
5300 Section 174. Section 53E-6-1004, which is renumbered from Section 53A-6-204 is
5301 renumbered and amended to read:
5302 [
5303 personnel.
5304 (1) The designated state official of a party state may make one or more contracts on
5305 behalf of his state with one or more other party states providing for the acceptance of
5306 educational personnel. Any such contract for the period of its duration shall be applicable to
5307 and binding on the states whose designated state officials enter into it, and the subdivisions of
5308 those states, with the same force and effect as if incorporated in this compact. A designated
5309 state official may enter into a contract pursuant to this section only with states in which he
5310 finds that there are programs of education, certification standards or other acceptable
5311 qualifications that assure preparation or qualification of educational personnel on a basis
5312 sufficiently comparable, even though not identical to that prevailing in his own state.
5313 (2) Any such contract shall provide for:
5314 (a) its duration;
5315 (b) the criteria to be applied by an originating state in qualifying educational personnel
5316 for acceptance by a receiving state;
5317 (c) such waivers, substitutions, and conditional acceptances as shall aid the practical
5318 effectuation of the contract without sacrifice of basic educational standards; and
5319 (d) any other necessary matters.
5320 (3) No contract made pursuant to this compact shall be for a term longer than five years
5321 but any such contract may be renewed for like or lesser periods.
5322 (4) Any contract dealing with acceptance of educational personnel on the basis of their
5323 having completed an educational program shall specify the earliest date or dates on which
5324 originating state approval of the program or programs involved can have occurred. No contract
5325 made pursuant to this compact shall require acceptance by a receiving state of any persons
5326 qualified because of successful completion of a program prior to January 1, 1954.
5327 (5) The certification or other acceptance of a person who has been accepted pursuant to
5328 the terms of a contract shall not be revoked or otherwise impaired because the contract has
5329 expired or been terminated. However, any certificate or other qualifying document may be
5330 revoked or suspended on any ground which would be sufficient for revocation or suspension of
5331 a certificate or other qualifying document initially granted or approved in the receiving state.
5332 (6) A contract committee composed of the designated state officials of the contracting
5333 states or their representatives shall keep the contract under continuous review, study means of
5334 improving its administration, and report no less frequently than once a year to the heads of the
5335 appropriate education agencies of the contracting states.
5336 Section 175. Section 53E-6-1005, which is renumbered from Section 53A-6-205 is
5337 renumbered and amended to read:
5338 [
5339 regulations.
5340 (1) Nothing in this compact shall be construed to repeal or otherwise modify any law or
5341 regulation of a party state relating to the approval of programs of educational preparation
5342 having effect solely on the qualification of educational personnel within that state.
5343 (2) To the extent that contracts made pursuant to this compact deal with the
5344 educational requirements for the proper qualification of educational personnel, acceptance of a
5345 program of educational preparation shall be in accordance with such procedures and
5346 requirements as may be provided in the applicable contract.
5347 Section 176. Section 53E-6-1006, which is renumbered from Section 53A-6-206 is
5348 renumbered and amended to read:
5349 [
5350 The party states agree that:
5351 (1) They will, so far as practicable, prefer the making of multi-lateral contracts
5352 pursuant to Section [
5353 (2) They will facilitate and strengthen cooperation in interstate certification and other
5354 elements of educational personnel qualification and for this purpose shall cooperate with
5355 agencies, organizations, and associations interested in certification and other elements of
5356 educational personnel qualification.
5357 Section 177. Section 53E-6-1007, which is renumbered from Section 53A-6-207 is
5358 renumbered and amended to read:
5359 [
5360 The designated state officials of any party states may meet from time to time as a group
5361 to evaluate progress under the compact, and to formulate recommendations for changes.
5362 Section 178. Section 53E-6-1008, which is renumbered from Section 53A-6-208 is
5363 renumbered and amended to read:
5364 [
5365 Nothing in this compact shall be construed to prevent or inhibit other arrangements or
5366 practices of any party state or states to facilitate the interchange of educational personnel.
5367 Section 179. Section 53E-6-1009, which is renumbered from Section 53A-6-209 is
5368 renumbered and amended to read:
5369 [
5370 Continuing obligations.
5371 (1) This compact shall become effective when enacted into law by two states.
5372 Thereafter it shall become effective as to any state upon its enactment of this compact.
5373 (2) Any party state may withdraw from this compact by enacting a statute repealing the
5374 same, but no such withdrawal shall take effect until one year after the governor of the
5375 withdrawing state has given notice in writing of the withdrawal to the governors of all other
5376 party states.
5377 (3) No withdrawal shall relieve the withdrawing state of any obligation imposed upon
5378 it by a contract to which it is a party. The duration of contracts and the methods and conditions
5379 of withdrawal therefrom shall be those specified in their terms.
5380 Section 180. Section 53E-6-1010, which is renumbered from Section 53A-6-210 is
5381 renumbered and amended to read:
5382 [
5383 This compact shall be liberally construed so as to effectuate the purposes of it. The
5384 provisions of this compact shall be severable and if any phrase, clause, sentence or provision of
5385 this compact is declared to be contrary to the constitution of any state or of the United States,
5386 or the application thereof to any government, agency, person, or circumstance is held invalid,
5387 the validity of the remainder of this compact and the applicability thereof to any government,
5388 agency, person, or circumstance shall not be affected thereby. If this compact is held contrary
5389 to the constitution of any state participating therein, the compact shall remain in full force and
5390 effect as to the state affected as to all severable matters.
5391 Section 181. Section 53E-6-1011, which is renumbered from Section 53A-6-211 is
5392 renumbered and amended to read:
5393 [
5394 designated state official.
5395 The designated state official for the state of Utah is the superintendent of public
5396 instruction.
5397 Section 182. Section 53E-7-101 is enacted to read:
5398
5399
5400 53E-7-101. Title.
5401 This chapter is known as "Special Education."
5402 Section 183. Section 53E-7-201 is enacted to read:
5403
5404 53E-7-201. Definitions.
5405 Reserved
5406 Section 184. Section 53E-7-202, which is renumbered from Section 53A-15-301 is
5407 renumbered and amended to read:
5408 [
5409 -- Supervision by the State Board of Education -- Enforcement.
5410 (1) (a) All students with disabilities, who are between the ages of three and 22 and
5411 have not graduated from high school with a regular diploma, are entitled to a free, appropriate
5412 public education.
5413 (b) For purposes of Subsection (1)(a), if a student with a disability turns 22 during the
5414 school year, the entitlement extends to the:
5415 (i) beginning of the school's winter holiday for those who turn 22 on or after the
5416 beginning of the school year and before December 31; and
5417 (ii) end of the school year for those who turn 22 after December 31 and before the end
5418 of the school year.
5419 (c) The State Board of Education shall adopt rules consistent with applicable state and
5420 federal law to implement this [
5421 (2) The rules adopted by the state board shall include the following:
5422 (a) appropriate and timely identification of students with disabilities;
5423 (b) diagnosis, evaluation, and classification by qualified personnel;
5424 (c) standards for classes and services;
5425 (d) provision for multidistrict programs;
5426 (e) provision for delivery of service responsibilities;
5427 (f) certification and qualifications for instructional staff; and
5428 (g) services for dual enrollment students attending public school on a part-time basis
5429 under Section [
5430 (3) (a) The state board shall have general control and supervision over all educational
5431 programs for students within the state who have disabilities.
5432 (b) Those programs must comply with rules adopted by the state board under this
5433 section.
5434 (4) The state superintendent of public instruction shall enforce this [
5435 Section 185. Section 53E-7-203, which is renumbered from Section 53A-15-302 is
5436 renumbered and amended to read:
5437 [
5438 Qualifications -- Duties.
5439 (1) The State Board of Education shall appoint a state director of special education,
5440 who shall be qualified and experienced in the area of special education.
5441 (2) The state director has the following duties and responsibilities:
5442 (a) to assist the state board and state superintendent of public instruction in performing
5443 their duties under this [
5444 (b) to encourage and assist school districts and other authorized public agencies in the
5445 organization of programs for students with disabilities;
5446 (c) to provide general supervision over all public programs offered through a public
5447 school, public agency, public institution, or private agency for students with disabilities;
5448 (d) to cooperate with private schools and other private agencies concerned with
5449 educating and training students with disabilities; and
5450 (e) to coordinate all state programs for students with disabilities.
5451 Section 186. Section 53E-7-204, which is renumbered from Section 53A-15-303 is
5452 renumbered and amended to read:
5453 [
5454 of costs -- Other programs.
5455 (1) (a) Each school district shall provide, either singly or in cooperation with other
5456 school districts or public institutions, a free, appropriate education program for all students
5457 with disabilities who are residents of the district.
5458 (b) The program shall include necessary special facilities, instruction, and
5459 education-related services.
5460 (c) The costs of a district's program, or a district's share of a joint program, shall be
5461 paid from district funds.
5462 (2) School districts that provide special education services under this [
5463 accordance with applicable rules of the State Board of Education shall receive reimbursement
5464 from the board under [
5465 Chapter 2, State Funding -- Minimum School Program, and other applicable laws.
5466 (3) (a) A school district may, singly or in cooperation with other public entities,
5467 provide education and training for persons with disabilities who are younger than three or older
5468 than 22 consistent with Subsection [
5469 (b) The cost of such a program may be paid from fees, contributions, and other funds
5470 received by the district for support of the program, but may not be paid from public education
5471 funds.
5472 Section 187. Section 53E-7-205, which is renumbered from Section 53A-15-303.5 is
5473 renumbered and amended to read:
5474 [
5475 extracurricular activities.
5476 (1) A student with a disability may not be denied the opportunity of participating in
5477 public school programs or extracurricular activities solely because of the student's age, unless
5478 the participation threatens the health or safety of the student.
5479 (2) The school district in cooperation with the Utah Department of Health shall
5480 establish criteria used to determine the health and safety factor.
5481 (3) Subsection (1) applies to a student who:
5482 (a) has not graduated from high school with a regular diploma; and
5483 (b) is under the age of 20, if participation is recommended by the student's
5484 individualized education program team.
5485 Section 188. Section 53E-7-206, which is renumbered from Section 53A-15-304 is
5486 renumbered and amended to read:
5487 [
5488 The Department of Health shall provide diagnostic and evaluation services, which are
5489 required by state or federal law but are not typically otherwise provided by school districts, to
5490 students with disabilities.
5491 Section 189. Section 53E-7-207, which is renumbered from Section 53A-15-304.5 is
5492 renumbered and amended to read:
5493 [
5494 custody of the Division of Child and Family Services.
5495 Each school district shall provide an initial special education assessment for children
5496 who enter the custody of the Division of Child and Family Services, upon request by that
5497 division, for children whose school records indicate that they may have disabilities requiring
5498 special education services. The assessment shall be conducted within 30 days of the request by
5499 the Division of Child and Family Services.
5500 Section 190. Section 53E-7-208, which is renumbered from Section 53A-15-305 is
5501 renumbered and amended to read:
5502 [
5503 Hearing request -- Timelines -- Levels -- Appeal process -- Recovery of costs.
5504 (1) The Legislature finds that it is in the best interest of students with disabilities to
5505 provide for a prompt and fair final resolution of disputes which may arise over educational
5506 programs and rights and responsibilities of students with disabilities, their parents, and the
5507 public schools.
5508 (2) Therefore, the State Board of Education shall adopt rules meeting the requirements
5509 of 20 U.S.C. Section 1415 governing the establishment and maintenance of procedural
5510 safeguards for students with disabilities and their parents or guardians as to the provision of
5511 free, appropriate public education to those students.
5512 (3) The timelines established by the board shall provide adequate time to address and
5513 resolve disputes without unnecessarily disrupting or delaying the provision of free, appropriate
5514 public education for students with disabilities.
5515 (4) Prior to seeking a hearing or other formal proceedings, the parties to a dispute
5516 under this section shall make a good faith effort to resolve the dispute informally at the school
5517 building level.
5518 (5) (a) If the dispute is not resolved under Subsection (4), a party may request a due
5519 process hearing.
5520 (b) The hearing shall be conducted under rules adopted by the board in accordance
5521 with 20 U.S.C. Section 1415.
5522 (6) (a) A party to the hearing may appeal the decision issued under Subsection (5) to a
5523 court of competent jurisdiction under 20 U.S.C. Section 1415(i).
5524 (b) The party must file the judicial appeal within 30 days after issuance of the due
5525 process hearing decision.
5526 (7) If the parties fail to reach agreement on payment of attorney fees, then a party
5527 seeking recovery of attorney fees under 20 U.S.C. Section 1415(i) for a special education
5528 administrative action shall file a court action within 30 days after issuance of a decision under
5529 Subsection (5).
5530 Section 191. Section 53E-7-301, which is renumbered from Section 53A-25a-102 is
5531 renumbered and amended to read:
5532
5533 [
5534 As used in this [
5535 (1) "Blind student" means an individual between ages three through 21 who is eligible
5536 for special education services and who:
5537 (a) has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a
5538 limited field of vision such that the widest diameter subtends an angular distance no greater
5539 than 20 degrees;
5540 (b) has a medically indicated expectation of visual deterioration; or
5541 (c) has functional blindness.
5542 (2) "Braille" means the system of reading and writing through touch, commonly known
5543 as English Braille.
5544 (3) "Functional blindness" means a visual impairment that renders a student unable to
5545 read or write print at a level commensurate with the student's cognitive abilities.
5546 (4) "Individualized education program" or "IEP" means a written statement developed
5547 for a student eligible for special education services pursuant to the Individuals with Disabilities
5548 Education Act, 20 U.S.C. Section 1414(d).
5549 Section 192. Section 53E-7-302, which is renumbered from Section 53A-25a-103 is
5550 renumbered and amended to read:
5551 [
5552 individualized education program.
5553 (1) Any assessment required for a blind student shall include a Braille-related or Braille
5554 skills assessment, including a statement of the individual's present level of performance.
5555 (2) (a) Prior to determining whether a blind student should use Braille as the primary
5556 reading mode, the student's IEP team must be provided with detailed information about the use
5557 and efficiency of Braille as a reading medium.
5558 (b) The team shall acquire the information through pertinent literature or discussions
5559 with competent Braille users and educators, or both, in order to make an informed choice as to
5560 the student's primary reading mode.
5561 (3) In developing an IEP for each blind student, there is a presumption that proficiency
5562 in Braille is essential for the student to achieve satisfactory educational progress.
5563 (4) The use of and instruction in Braille are not required under this section if, in the
5564 course of developing the student's IEP, the team determines that the student's visual impairment
5565 does not significantly affect reading and writing performance commensurate with ability.
5566 (5) Nothing in this section requires the exclusive use of Braille if other special
5567 education services are appropriate to meet the student's educational needs.
5568 (6) The provision of other appropriate special education services does not preclude the
5569 use of Braille or Braille instruction.
5570 Section 193. Section 53E-7-303, which is renumbered from Section 53A-25a-104 is
5571 renumbered and amended to read:
5572 [
5573 (1) Instruction in the reading and writing of Braille shall be sufficient to enable each
5574 blind student to communicate effectively and efficiently with the same level of proficiency
5575 expected of the student's peers of comparable ability and grade level.
5576 (2) The student's IEP shall specify:
5577 (a) the results obtained from the skills assessment required under Section
5578 [
5579 (b) the manner in which Braille is to be implemented as a reading mode for learning in
5580 other academic activities;
5581 (c) the date on which Braille instruction shall begin;
5582 (d) the length of the period of instruction and the frequency and duration of each
5583 instructional session;
5584 (e) the projected level of competency in the reading and writing of Braille to be
5585 achieved by the end of the IEP period and the objective assessment measures to be used; and
5586 (f) if a decision has been made under Section [
5587 instruction or use is not required for the student:
5588 (i) a statement that the decision was reached after fully complying with Subsection
5589 [
5590 (ii) a statement of the reasons for choosing another reading mode.
5591 Section 194. Section 53E-7-304, which is renumbered from Section 53A-25a-105 is
5592 renumbered and amended to read:
5593 [
5594 (1) As a condition of the annual contract for instructional materials process and as a
5595 condition of textbook acceptance, the State Board of Education shall require publishers of
5596 textbooks recommended by the board to furnish, on request, their textbooks and related
5597 instructional materials in an electronic file set, in conformance with the National Instructional
5598 Materials Accessibility Standard, from which Braille versions of all or part of the textbook and
5599 related instructional materials can be produced.
5600 (2) When Braille translation software for specialty code translation becomes available,
5601 publishers shall furnish, on request, electronic file sets, in conformance with the National
5602 Instructional Materials Accessibility Standard, for nonliterary subjects such as mathematics and
5603 science.
5604 Section 195. Section 53E-7-305, which is renumbered from Section 53A-25a-106 is
5605 renumbered and amended to read:
5606 [
5607 (1) As part of the licensing process, teachers licensed in the education of blind and
5608 visually impaired students shall demonstrate their competence in reading and writing Braille.
5609 (2) (a) The State Board of Education shall adopt procedures to assess the competencies
5610 referred to in Subsection (1), consistent with standards adopted by the National Library Service
5611 for the Blind and Physically Handicapped.
5612 (b) The board shall require teachers of the blind to meet the standards referred to in
5613 Subsection (2)(a).
5614 Section 196. Section 53E-8-101 is enacted to read:
5615
5616
5617 53E-8-101. Title.
5618 This chapter is known as "Utah Schools for the Deaf and the Blind."
5619 Section 197. Section 53E-8-102, which is renumbered from Section 53A-25b-102 is
5620 renumbered and amended to read:
5621 [
5622 As used in this chapter:
5623 (1) "Advisory council" means the Advisory Council for the Utah Schools for the Deaf
5624 and the Blind.
5625 (2) "Alternate format" includes braille, audio, or digital text, or large print.
5626 (3) "Associate superintendent" means:
5627 (a) the associate superintendent of the Utah School for the Deaf; or
5628 (b) the associate superintendent of the Utah School for the Blind.
5629 (4) "Blind" means:
5630 (a) if the person is three years of age or older but younger than 22 years of age, having
5631 a visual impairment that, even with correction, adversely affects educational performance or
5632 substantially limits one or more major life activities; and
5633 (b) if the person is younger than three years of age, having a visual impairment.
5634 (5) "Blindness" means an impairment in vision in which central visual acuity:
5635 (a) does not exceed 20/200 in the better eye with correcting lenses; or
5636 (b) is accompanied by a limit to the field of vision in the better eye to such a degree
5637 that its widest diameter subtends an angle of no greater than 20 degrees.
5638 (6) "Board" means the State Board of Education.
5639 (7) "Cortical visual impairment" means a neurological visual disorder:
5640 (a) that:
5641 (i) affects the visual cortex or visual tracts of the brain;
5642 (ii) is caused by damage to the visual pathways to the brain;
5643 (iii) affects a person's visual discrimination, acuity, processing, and interpretation; and
5644 (iv) is often present in conjunction with other disabilities or eye conditions that cause
5645 visual impairment; and
5646 (b) in which the eyes and optic nerves of the affected person appear normal and the
5647 person's pupil responses are normal.
5648 (8) "Deaf" means:
5649 (a) if the person is three years of age or older but younger than 22 years of age, having
5650 hearing loss, whether permanent or fluctuating, that, even with amplification, adversely affects
5651 educational performance or substantially limits one or more major life activities; and
5652 (b) if the person is younger than three years of age, having hearing loss.
5653 (9) "Deafblind" means:
5654 (a) if the person is three years of age or older but younger than 22 years of age:
5655 (i) deaf;
5656 (ii) blind; and
5657 (iii) having hearing loss and visual impairments that cause such severe communication
5658 and other developmental and educational needs that the person cannot be accommodated in
5659 special education programs solely for students who are deaf or blind; or
5660 (b) if the person is younger than three years of age, having both hearing loss and vision
5661 impairments that are diagnosed as provided in Section [
5662 (10) "Deafness" means a hearing loss so severe that the person is impaired in
5663 processing linguistic information through hearing, with or without amplification.
5664 (11) "Educator" means a person who holds:
5665 (a) (i) a license issued under [
5666
5667 (ii) a position as:
5668 (A) a teacher;
5669 (B) a speech pathologist;
5670 (C) a librarian or media specialist;
5671 (D) a preschool teacher;
5672 (E) a guidance counselor;
5673 (F) a school psychologist;
5674 (G) an audiologist; or
5675 (H) an orientation and mobility specialist; or
5676 (b) (i) a bachelor's degree or higher;
5677 (ii) credentials from the governing body of the professional's area of practice; and
5678 (iii) a position as:
5679 (A) a Parent Infant Program consultant;
5680 (B) a deafblind consultant;
5681 (C) a school nurse;
5682 (D) a physical therapist;
5683 (E) an occupational therapist;
5684 (F) a social worker; or
5685 (G) a low vision specialist.
5686 (12) "Functional blindness" means a disorder in which the physical structures of the
5687 eye may be functioning, but the person does not attend to, examine, utilize, or accurately
5688 process visual information.
5689 (13) "Functional hearing loss" means a central nervous system impairment that results
5690 in abnormal auditory perception, including an auditory processing disorder or auditory
5691 neuropathy/dys-synchrony, in which parts of the auditory system may be functioning, but the
5692 person does not attend to, respond to, localize, utilize, or accurately process auditory
5693 information.
5694 (14) "Hard of hearing" means having a hearing loss, excluding deafness.
5695 (15) "Individualized education program" or "IEP" means:
5696 (a) a written statement for a student with a disability that is developed, reviewed, and
5697 revised in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. Sec.
5698 1400 et seq.; or
5699 (b) an individualized family service plan developed:
5700 (i) for a child with a disability who is younger than three years of age; and
5701 (ii) in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. Sec.
5702 1400 et seq.
5703 (16) "LEA" means a local education agency that has administrative control and
5704 direction for public education.
5705 (17) "LEA of record" means the school district of residence of a student as determined
5706 under Section [
5707 (18) "Low vision" means an impairment in vision in which:
5708 (a) visual acuity is at 20/70 or worse; or
5709 (b) the visual field is reduced to less than 20 degrees.
5710 (19) "Parent Infant Program" means a program at the Utah Schools for the Deaf and the
5711 Blind that provides services:
5712 (a) through an interagency agreement with the Department of Health to children
5713 younger than three years of age who are deaf, blind, or deafblind; and
5714 (b) to children younger than three years of age who are deafblind through Deafblind
5715 Services of the Utah Schools for the Deaf and the Blind.
5716 (20) "Section 504" means Section 504 of the Rehabilitation Act of 1973.
5717 (21) "Section 504 accommodation plan" means a plan developed pursuant to Section
5718 504 of the Rehabilitation Act of 1973, as amended, to provide appropriate accommodations to
5719 an individual with a disability to ensure access to major life activities.
5720 (22) "Superintendent" means the superintendent of the Utah Schools for the Deaf and
5721 the Blind.
5722 (23) "Visual impairment" includes partial sightedness, low vision, blindness, cortical
5723 visual impairment, functional blindness, and degenerative conditions that lead to blindness or
5724 severe loss of vision.
5725 Section 198. Section 53E-8-201, which is renumbered from Section 53A-25b-103 is
5726 renumbered and amended to read:
5727
5728 [
5729 -- Designated LEA -- Services statewide.
5730 (1) The Utah Schools for the Deaf and the Blind is created as a single public school
5731 agency that includes:
5732 (a) the Utah School for the Deaf;
5733 (b) the Utah School for the Blind;
5734 (c) programs for students who are deafblind; and
5735 (d) the Parent Infant Program.
5736 (2) Under the general control and supervision of the board, consistent with the board's
5737 constitutional authority, the Utah Schools for the Deaf and the Blind:
5738 (a) may provide services to students statewide:
5739 (i) who are deaf, blind, or deafblind; or
5740 (ii) who are neither deaf, blind, nor deafblind, if allowed under rules of the board
5741 established pursuant to Section [
5742 (b) shall serve as the designated LEA for a student and assume the responsibilities of
5743 providing services as prescribed through the student's IEP or Section 504 accommodation plan
5744 when the student's LEA of record, parent or legal guardian, and the Utah Schools for the Deaf
5745 and the Blind determine that the student be placed at the Utah Schools for the Deaf and the
5746 Blind.
5747 (3) When the Utah Schools for the Deaf and the Blind becomes a student's designated
5748 LEA, the LEA of record and the Utah Schools for the Deaf and the Blind shall ensure that all
5749 rights and requirements regarding individual student assessment, eligibility, services,
5750 placement, and procedural safeguards provided through the Individuals with Disabilities
5751 Education Act, 20 U.S.C. Sec. 1400 et seq. and Section 504 of the Rehabilitation Act of 1973,
5752 as amended, remain in force.
5753 (4) Nothing in this section diminishes the responsibility of a student's LEA of record
5754 for the education of the student as provided in [
5755
5756 Section 199. Section 53E-8-202, which is renumbered from Section 53A-25b-104 is
5757 renumbered and amended to read:
5758 [
5759 a foundation.
5760 (1) The Utah Schools for the Deaf and the Blind is a public corporation with perpetual
5761 succession and a corporate seal.
5762 (2) The Utah Schools for the Deaf and the Blind may:
5763 (a) sue and be sued;
5764 (b) contract and be contracted with;
5765 (c) take and hold by purchase, gift, devise, or bequest real and personal property
5766 required for its uses; and
5767 (d) convert property, if not suitable for its use, into other property or money.
5768 (3) The property of the Utah Schools for the Deaf and the Blind is exempt from taxes
5769 and assessments.
5770 (4) The Utah Schools for the Deaf and the Blind may establish a foundation as
5771 described in Section 53E-3-403.
5772 Section 200. Section 53E-8-203, which is renumbered from Section 53A-25b-105 is
5773 renumbered and amended to read:
5774 [
5775 the Deaf and the Blind.
5776 (1) The Utah Schools for the Deaf and the Blind is subject to [
5777
5778 schools, except as otherwise provided by this chapter.
5779 (2) The following provisions of [
5780 public education code do not apply to the Utah Schools for the Deaf and the Blind:
5781 (a) provisions governing the budgets, funding, or finances of school districts or charter
5782 schools; and
5783 (b) provisions governing school construction.
5784 (3) Except as provided in this chapter, the Utah Schools for the Deaf and the Blind is
5785 subject to state laws governing state agencies, including:
5786 (a) Title 51, Chapter 5, Funds Consolidation Act;
5787 (b) Title 51, Chapter 7, State Money Management Act;
5788 (c) Title 52, Chapter 4, Open and Public Meetings Act;
5789 (d) Title 63A, Utah Administrative Services Code;
5790 (e) Title 63G, Chapter 2, Government Records Access and Management Act;
5791 (f) Title 63G, Chapter 4, Administrative Procedures Act;
5792 (g) Title 63G, Chapter 6a, Utah Procurement Code;
5793 (h) Title 63J, Chapter 1, Budgetary Procedures Act;
5794 (i) Title 63J, Chapter 2, Revenue Procedures and Control Act; and
5795 (j) Title 67, Chapter 19, Utah State Personnel Management Act.
5796 Section 201. Section 53E-8-204, which is renumbered from Section 53A-25b-201 is
5797 renumbered and amended to read:
5798 [
5799 Rulemaking -- Superintendent -- Advisory Council.
5800 (1) The State Board of Education is the governing board of the Utah Schools for the
5801 Deaf and the Blind.
5802 (2) (a) The board shall appoint a superintendent for the Utah Schools for the Deaf and
5803 the Blind.
5804 (b) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
5805 Administrative Rulemaking Act, regarding the qualifications, terms of employment, and duties
5806 of the superintendent for the Utah Schools for the Deaf and the Blind.
5807 (3) The superintendent shall:
5808 (a) subject to the approval of the board, appoint an associate superintendent to
5809 administer the Utah School for the Deaf based on:
5810 (i) demonstrated competency as an expert educator of deaf persons; and
5811 (ii) knowledge of school management and the instruction of deaf persons;
5812 (b) subject to the approval of the board, appoint an associate superintendent to
5813 administer the Utah School for the Blind based on:
5814 (i) demonstrated competency as an expert educator of blind persons; and
5815 (ii) knowledge of school management and the instruction of blind persons, including an
5816 understanding of the unique needs and education of deafblind persons.
5817 (4) (a) The board shall:
5818 (i) establish an Advisory Council for the Utah Schools for the Deaf and the Blind and
5819 appoint no more than 11 members to the advisory council;
5820 (ii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
5821 Rulemaking Act, regarding the operation of the advisory council; and
5822 (iii) receive and consider the advice and recommendations of the advisory council but
5823 is not obligated to follow the recommendations of the advisory council.
5824 (b) The advisory council described in Subsection (4)(a) shall include at least:
5825 (i) two members who are blind;
5826 (ii) two members who are deaf; and
5827 (iii) two members who are deafblind or parents of a deafblind child.
5828 (5) The board shall approve the annual budget and expenditures of the Utah Schools
5829 for the Deaf and the Blind.
5830 (6) (a) On or before the November interim meeting each year, the board shall report to
5831 the Education Interim Committee on the Utah Schools for the Deaf and the Blind.
5832 (b) The board shall ensure that the report described in Subsection (6)(a) includes:
5833 (i) a financial report;
5834 (ii) a report on the activities of the superintendent and associate superintendents;
5835 (iii) a report on activities to involve parents and constituency and advocacy groups in
5836 the governance of the school; and
5837 (iv) a report on student achievement, including:
5838 (A) longitudinal student achievement data for both current and previous students served
5839 by the Utah Schools for the Deaf and the Blind;
5840 (B) graduation rates; and
5841 (C) a description of the educational placement of students exiting the Utah Schools for
5842 the Deaf and the Blind.
5843 Section 202. Section 53E-8-301, which is renumbered from Section 53A-25b-401 is
5844 renumbered and amended to read:
5845
5846 [
5847 Resource Management rules -- Collective bargaining agreement.
5848 (1) Educators employed by the Utah Schools for the Deaf and the Blind are exempt
5849 from mandatory compliance with rules of the Department of Human Resource Management.
5850 (2) The board may enter into a collective bargaining agreement to establish
5851 compensation and other personnel policies with educators employed by the Utah Schools for
5852 the Deaf and the Blind to replace rules of the Department of Human Resource Management.
5853 (3) A collective bargaining agreement made under Subsection (2) is subject to the same
5854 requirements that are imposed on local school boards by Section [
5855 Section 203. Section 53E-8-302, which is renumbered from Section 53A-25b-402 is
5856 renumbered and amended to read:
5857 [
5858 [
5859
5860
5861 (1) In accordance with Section 53F-7-301, the Legislature shall appropriate money to
5862 the board for the salary adjustments described in this section.
5863 (2) The board shall include in its annual budget request for the Utah Schools for the
5864 Deaf and the Blind an amount of money sufficient to adjust educators' salaries as described in
5865 Subsection (3) and fund step and lane changes.
5866 (3) (a) The board shall determine the salary adjustment specified in Subsection (2) by:
5867 (i) calculating a weighted average salary adjustment for nonadministrative licensed
5868 staff adopted by the school districts of the state, with the average weighted by the number of
5869 teachers in each school district; and
5870 (ii) increasing the weighted average salary adjustment by 10% in any year in which
5871 teachers of the Utah Schools for the Deaf and the Blind are not ranked in the top 10 in 20-year
5872 earnings when compared to earnings of teachers in the school districts of the state.
5873 (b) In calculating a weighted average salary adjustment for nonadministrative licensed
5874 staff adopted by the school districts of the state under Subsection (3)(a), the board shall exclude
5875 educator salary adjustments provided pursuant to Section [
5876 (4) From money appropriated to the board for salary adjustments, the board shall adjust
5877 the salary schedule applicable to educators at the school each year.
5878 Section 204. Section 53E-8-401, which is renumbered from Section 53A-25b-301 is
5879 renumbered and amended to read:
5880
5881 [
5882 Deaf and the Blind.
5883 (1) Except as provided in Subsections (3), (4), and (5), a person is eligible to receive
5884 services of the Utah Schools for the Deaf and the Blind if the person is:
5885 (a) a resident of Utah;
5886 (b) younger than 22 years of age;
5887 (c) referred to the Utah Schools for the Deaf and the Blind by the person's school
5888 district of residence or a local early intervention program; and
5889 (d) identified as deaf, blind, or deafblind through:
5890 (i) the special education eligibility determination process; or
5891 (ii) the Section 504 eligibility determination process.
5892 (2) (a) In diagnosing a person younger than age three who is deafblind, the following
5893 information may be used:
5894 (i) opthalmological and audiological documentation;
5895 (ii) functional vision or hearing assessments and evaluations; or
5896 (iii) informed clinical opinion conducted by a person with expertise in deafness,
5897 blindness, or deafblindness.
5898 (b) Informed clinical opinion shall be:
5899 (i) included in the determination of eligibility when documentation is incomplete or not
5900 conclusive; and
5901 (ii) based on pertinent records related to the individual's current health status and
5902 medical history, an evaluation and observations of the individual's level of sensory functioning,
5903 and the needs of the family.
5904 (3) (a) A student who qualifies for special education shall have services and placement
5905 determinations made through the IEP process.
5906 (b) A student who qualifies for accommodations under Section 504 shall have services
5907 and placement determinations made through the Section 504 team process.
5908 (c) A parent or legal guardian of a child who is deaf, blind, or deafblind shall make the
5909 final decision regarding placement of the child in a Utah Schools for the Deaf and the Blind
5910 program or in a school district or charter school program subject to special education federal
5911 regulations regarding due process.
5912 (4) (a) A nonresident may receive services of the Utah Schools for the Deaf and the
5913 Blind in accordance with rules of the board.
5914 (b) The rules shall require the payment of tuition for services provided to a
5915 nonresident.
5916 (5) An individual is eligible to receive services from the Utah Schools for the Deaf and
5917 the Blind under circumstances described in Section [
5918 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
5919 this chapter, the board:
5920 (a) shall make rules that determine the eligibility of students to be served by the Utah
5921 Schools for the Deaf and the Blind; and
5922 (b) may make rules to allow a resident of Utah who is neither deaf, blind, nor deafblind
5923 to receive services of the Utah Schools for the Deaf and the Blind if the student is younger than
5924 22 years of age.
5925 Section 205. Section 53E-8-402, which is renumbered from Section 53A-25b-302 is
5926 renumbered and amended to read:
5927 [
5928 With input from the Utah Schools for the Deaf and the Blind, school districts, parents,
5929 and the advisory council, the board shall establish entrance policies and procedures that IEP
5930 teams and Section 504 teams are to consider in making placement recommendations at the
5931 Utah Schools for the Deaf and the Blind.
5932 Section 206. Section 53E-8-403, which is renumbered from Section 53A-25b-303 is
5933 renumbered and amended to read:
5934 [
5935 (1) The Utah Schools for the Deaf and the Blind shall provide an educational program
5936 for a student:
5937 (a) based on assessments of the student's abilities; and
5938 (b) in accordance with the student's IEP or Section 504 accommodation plan.
5939 (2) If a student's ability to access the core curriculum is impaired primarily due to a
5940 severe sensory loss, the Utah Schools for the Deaf and the Blind shall provide an educational
5941 program that will enable the student, with accommodations, to access the core curriculum.
5942 (3) The Utah Schools for the Deaf and the Blind shall provide instruction in Braille to
5943 students who are blind as required by [
5944
5945 Section 207. Section 53E-8-404, which is renumbered from Section 53A-25b-304 is
5946 renumbered and amended to read:
5947 [
5948 The Utah Schools for the Deaf and the Blind shall annually administer, as applicable,
5949 the statewide assessments described in Section [
5950 take an alternative test in accordance with the student's IEP.
5951 Section 208. Section 53E-8-405, which is renumbered from Section 53A-25b-305 is
5952 renumbered and amended to read:
5953 [
5954 The Utah Schools for the Deaf and the Blind shall collaborate with the Department of
5955 Health to provide services to children with disabilities who are younger than three years of age
5956 in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
5957 Section 209. Section 53E-8-406, which is renumbered from Section 53A-25b-306 is
5958 renumbered and amended to read:
5959 [
5960 deafblind education specialist.
5961 (1) The board shall adopt policies and programs for providing appropriate educational
5962 services to individuals who are deafblind.
5963 (2) Except as provided in Subsection (4), the board shall designate an employee who
5964 holds a deafblind certification or equivalent training and expertise to:
5965 (a) act as a resource coordinator for the board on public education programs designed
5966 for individuals who are deafblind;
5967 (b) facilitate the design and implementation of professional development programs to
5968 assist school districts, charter schools, and the Utah Schools for the Deaf and the Blind in
5969 meeting the educational needs of those who are deafblind; and
5970 (c) facilitate the design of and assist with the implementation of one-on-one
5971 intervention programs in school districts, charter schools, and at the Utah Schools for the Deaf
5972 and the Blind for those who are deafblind, serving as a resource for, or team member of,
5973 individual IEP teams.
5974 (3) The board may authorize and approve the costs of an employee to obtain a
5975 deafblind certification or equivalent training and expertise to qualify for the position described
5976 in Subsection (2).
5977 (4) The board may contract with a third party for the services required under
5978 Subsection (2).
5979 Section 210. Section 53E-8-407, which is renumbered from Section 53A-25b-307 is
5980 renumbered and amended to read:
5981 [
5982 Hard of Hearing, and Visually Impaired Students -- Funding for the program.
5983 (1) There is established the Educational Enrichment Program for Deaf, Hard of
5984 Hearing, and Visually Impaired Students.
5985 (2) The purpose of the program is to provide opportunities that will, in a family
5986 friendly environment, enhance the educational services required for deaf, hard of hearing,
5987 blind, or deafblind students.
5988 (3) The advisory council shall design and implement the program, subject to the
5989 approval by the board.
5990 (4) The program shall be funded from the interest and dividends derived from the
5991 permanent funds created for the Utah Schools for the Deaf and the Blind pursuant to Section 12
5992 of the Utah Enabling Act and distributed by the director of the School and Institutional Trust
5993 Lands Administration under Section 53C-3-103.
5994 Section 211. Section 53E-8-408, which is renumbered from Section 53A-25b-308 is
5995 renumbered and amended to read:
5996 [
5997 hearing loss.
5998 (1) Subject to Subsection (2), the Utah Schools for the Deaf and the Blind shall provide
5999 educational services to an individual:
6000 (a) who seeks to receive the educational services; and
6001 (b) (i) whose results of a test for hearing loss are reported to the Utah Schools for the
6002 Deaf and the Blind in accordance with Section 26-10-6 or 26-10-13; or
6003 (ii) who has been diagnosed with a hearing loss by a physician or an audiologist.
6004 (2) If the individual who will receive the services described in Subsection (1) is a
6005 minor, the Utah Schools for the Deaf and the Blind may not provide the services to the
6006 individual until after receiving permission from the individual's parent or guardian.
6007 Section 212. Section 53E-8-409, which is renumbered from Section 53A-25b-501 is
6008 renumbered and amended to read:
6009 [
6010 make rules.
6011 (1) The board shall collaborate with the Utah Schools for the Deaf and the Blind,
6012 school districts, and charter schools in establishing the Utah State Instructional Materials
6013 Access Center to provide students with print disabilities access to instructional materials in
6014 alternate formats in a timely manner.
6015 (2) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
6016 Administrative Rulemaking Act, to:
6017 (a) establish the Utah State Instructional Materials Access Center;
6018 (b) define how the Educational Resource Center at the Utah Schools for the Deaf and
6019 the Blind shall collaborate in the operation of the Utah State Instructional Materials Access
6020 Center;
6021 (c) specify procedures for the operation of the Utah State Instructional Materials
6022 Access Center, including procedures to:
6023 (i) identify students who qualify for instructional materials in alternate formats; and
6024 (ii) distribute and store instructional materials in alternate formats;
6025 (d) establish the contribution of school districts and charter schools towards the cost of
6026 instructional materials in alternate formats; and
6027 (e) require textbook publishers, as a condition of contract, to provide electronic file sets
6028 in conformance with the National Instructional Materials Accessibility Standard.
6029 Section 213. Section 53E-8-410, which is renumbered from Section 53A-17a-111.5 is
6030 renumbered and amended to read:
6031 [
6032 and blind programs.
6033 (1) A school district with students who reside within the school district's boundaries
6034 and are served by the Schools for the Deaf and the Blind shall:
6035 (a) furnish the schools with space required for their programs; or
6036 (b) help pay for the cost of leasing classroom space in other school districts.
6037 (2) A school district's participation in the program under Subsection (1) is based upon
6038 the number of students who are served by the Schools for the Deaf and the Blind and who
6039 reside within the school district as compared to the state total of students who are served by the
6040 schools.
6041 Section 214. Section 53E-9-101 is enacted to read:
6042
6043
6044 53E-9-101. Title.
6045 This chapter is known as "Student Privacy and Data Protection."
6046 Section 215. Section 53E-9-201 is enacted to read:
6047
6048 53E-9-201. Definitions.
6049 Reserved
6050 Section 216. Section 53E-9-202, which is renumbered from Section 53A-13-301 is
6051 renumbered and amended to read:
6052 [
6053 administration and operation of public schools -- Local school board and charter school
6054 governing board policies.
6055 (1) As used in this section "education entity" means:
6056 (a) the State Board of Education;
6057 (b) a local school board or charter school governing board;
6058 (c) a school district;
6059 (d) a public school; or
6060 (e) the Utah Schools for the Deaf and the Blind.
6061 (2) An education entity and an employee, student aide, volunteer, third party
6062 contractor, or other agent of an education entity shall protect the privacy of a student, the
6063 student's parents, and the student's family and support parental involvement in the education of
6064 their children through compliance with the protections provided for family and student privacy
6065 under this part and the Family Educational Rights and Privacy Act and related provisions under
6066 20 U.S.C. Secs. 1232g and 1232h, in the administration and operation of all public school
6067 programs, regardless of the source of funding.
6068 (3) A local school board or charter school governing board shall enact policies
6069 governing the protection of family and student privacy as required by this part.
6070 Section 217. Section 53E-9-203, which is renumbered from Section 53A-13-302 is
6071 renumbered and amended to read:
6072 [
6073 consent -- Validity of consent -- Qualifications -- Training on implementation.
6074 (1) Except as provided in Subsection (7), Section [
6075 Section [
6076 under Section [
6077 student of any psychological or psychiatric examination, test, or treatment, or any survey,
6078 analysis, or evaluation without the prior written consent of the student's parent or legal
6079 guardian, in which the purpose or evident intended effect is to cause the student to reveal
6080 information, whether the information is personally identifiable or not, concerning the student's
6081 or any family member's:
6082 (a) political affiliations or, except as provided under Section [
6083 53G-10-202 or rules of the State Board of Education, political philosophies;
6084 (b) mental or psychological problems;
6085 (c) sexual behavior, orientation, or attitudes;
6086 (d) illegal, anti-social, self-incriminating, or demeaning behavior;
6087 (e) critical appraisals of individuals with whom the student or family member has close
6088 family relationships;
6089 (f) religious affiliations or beliefs;
6090 (g) legally recognized privileged and analogous relationships, such as those with
6091 lawyers, medical personnel, or ministers; and
6092 (h) income, except as required by law.
6093 (2) Prior written consent under Subsection (1) is required in all grades, kindergarten
6094 through grade 12.
6095 (3) Except as provided in Subsection (7), Section [
6096 Section [
6097 within the curriculum and other school activities unless prior written consent of the student's
6098 parent or legal guardian has been obtained.
6099 (4) (a) Written parental consent is valid only if a parent or legal guardian has been first
6100 given written notice, including notice that a copy of the educational or student survey questions
6101 to be asked of the student in obtaining the desired information is made available at the school,
6102 and a reasonable opportunity to obtain written information concerning:
6103 (i) records or information, including information about relationships, that may be
6104 examined or requested;
6105 (ii) the means by which the records or information shall be examined or reviewed;
6106 (iii) the means by which the information is to be obtained;
6107 (iv) the purposes for which the records or information are needed;
6108 (v) the entities or persons, regardless of affiliation, who will have access to the
6109 personally identifiable information; and
6110 (vi) a method by which a parent of a student can grant permission to access or examine
6111 the personally identifiable information.
6112 (b) For a survey described in Subsection (1), written notice described in Subsection
6113 (4)(a) shall include an Internet address where a parent or legal guardian can view the exact
6114 survey to be administered to the parent or legal guardian's student.
6115 (5) (a) Except in response to a situation which a school employee reasonably believes
6116 to be an emergency, or as authorized under Title 62A, Chapter 4a, Part 4, Child Abuse or
6117 Neglect Reporting Requirements, or by order of a court, disclosure to a parent or legal guardian
6118 must be given at least two weeks before information protected under this section is sought.
6119 (b) Following disclosure, a parent or guardian may waive the two week minimum
6120 notification period.
6121 (c) Unless otherwise agreed to by a student's parent or legal guardian and the person
6122 requesting written consent, the authorization is valid only for the activity for which it was
6123 granted.
6124 (d) A written withdrawal of authorization submitted to the school principal by the
6125 authorizing parent or guardian terminates the authorization.
6126 (e) A general consent used to approve admission to school or involvement in special
6127 education, remedial education, or a school activity does not constitute written consent under
6128 this section.
6129 (6) (a) This section does not limit the ability of a student under Section [
6130 53G-10-203 to spontaneously express sentiments or opinions otherwise protected against
6131 disclosure under this section.
6132 (b) (i) If a school employee or agent believes that a situation exists which presents a
6133 serious threat to the well-being of a student, that employee or agent shall notify the student's
6134 parent or guardian without delay.
6135 (ii) If, however, the matter has been reported to the Division of Child and Family
6136 Services within the Department of Human Services, it is the responsibility of the division to
6137 notify the student's parent or guardian of any possible investigation, prior to the student's return
6138 home from school.
6139 (iii) The division may be exempted from the notification requirements described in this
6140 Subsection (6)(b)(ii) only if it determines that the student would be endangered by notification
6141 of his parent or guardian, or if that notification is otherwise prohibited by state or federal law.
6142 (7) (a) If a school employee, agent, or school resource officer believes a student is
6143 at-risk of attempting suicide, physical self-harm, or harming others, the school employee,
6144 agent, or school resource officer may intervene and ask a student questions regarding the
6145 student's suicidal thoughts, physically self-harming behavior, or thoughts of harming others for
6146 the purposes of:
6147 (i) referring the student to appropriate prevention services; and
6148 (ii) informing the student's parent or legal guardian.
6149 (b) On or before September 1, 2014, a school district or charter school shall develop
6150 and adopt a policy regarding intervention measures consistent with Subsection (7)(a) while
6151 requiring the minimum degree of intervention to accomplish the goals of this section.
6152 (8) Local school boards and charter school governing boards shall provide inservice for
6153 teachers and administrators on the implementation of this section.
6154 (9) The board shall provide procedures for disciplinary action for violations of this
6155 section.
6156 Section 218. Section 53E-9-204, which is renumbered from Section 53A-13-303 is
6157 renumbered and amended to read:
6158 [
6159 requirement -- Certification.
6160 (1) As used in this section, "education record" means the same as that term is defined
6161 in the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
6162 (2) A local school board or charter school governing board shall require each public
6163 school to:
6164 (a) create and maintain a list that includes the name and position of each school
6165 employee who the public school authorizes, in accordance with Subsection (4), to have access
6166 to an education record; and
6167 (b) provide the list described in Subsection (2)(a) to the school's local school board or
6168 charter school governing board.
6169 (3) A local school board or charter school governing board shall:
6170 (a) provide training on student privacy laws; and
6171 (b) require a school employee on the list described in Subsection (2) to:
6172 (i) complete the training described in Subsection (3)(a); and
6173 (ii) provide to the local school board or charter school governing board a certified
6174 statement, signed by the school employee, that certifies that the school employee completed the
6175 training described in Subsection (3)(a) and that the school employee understands student
6176 privacy requirements.
6177 (4) (a) Except as provided in Subsection (4)(b), a local school board, charter school
6178 governing board, public school, or school employee may only share an education record with a
6179 school employee if:
6180 (i) that school employee's name is on the list described in Subsection (2); and
6181 (ii) federal and state privacy laws authorize the education record to be shared with that
6182 school employee.
6183 (b) A local school board, charter school governing board, public school, or school
6184 employee may share an education record with a school employee if the board, school, or
6185 employee obtains written consent from:
6186 (i) the parent or legal guardian of the student to whom the education record relates, if
6187 the student is younger than 18 years old; or
6188 (ii) the student to whom the education record relates, if the student is 18 years old or
6189 older.
6190 Section 219. Section 53E-9-301, which is renumbered from Section 53A-1-1402 is
6191 renumbered and amended to read:
6192
6193 [
6194 As used in this part:
6195 (1) "Adult student" means a student who:
6196 (a) is at least 18 years old;
6197 (b) is an emancipated student; or
6198 (c) qualifies under the McKinney-Vento Homeless Education Assistance
6199 Improvements Act of 2001, 42 U.S.C. Sec. 11431 et seq.
6200 (2) "Aggregate data" means data that:
6201 (a) are totaled and reported at the group, cohort, school, school district, region, or state
6202 level with at least 10 individuals in the level;
6203 (b) do not reveal personally identifiable student data; and
6204 (c) are collected in accordance with board rule.
6205 (3) (a) "Biometric identifier" means a:
6206 (i) retina or iris scan;
6207 (ii) fingerprint;
6208 (iii) human biological sample used for valid scientific testing or screening; or
6209 (iv) scan of hand or face geometry.
6210 (b) "Biometric identifier" does not include:
6211 (i) a writing sample;
6212 (ii) a written signature;
6213 (iii) a voiceprint;
6214 (iv) a photograph;
6215 (v) demographic data; or
6216 (vi) a physical description, such as height, weight, hair color, or eye color.
6217 (4) "Biometric information" means information, regardless of how the information is
6218 collected, converted, stored, or shared:
6219 (a) based on an individual's biometric identifier; and
6220 (b) used to identify the individual.
6221 (5) "Board" means the State Board of Education.
6222 (6) "Cumulative disciplinary record" means disciplinary student data that is part of a
6223 cumulative record.
6224 (7) "Cumulative record" means physical or electronic information that the education
6225 entity intends:
6226 (a) to store in a centralized location for 12 months or more; and
6227 (b) for the information to follow the student through the public education system.
6228 (8) "Data authorization" means written authorization to collect or share a student's
6229 student data, from:
6230 (a) the student's parent, if the student is not an adult student; or
6231 (b) the student, if the student is an adult student.
6232 (9) "Data governance plan" means an education entity's comprehensive plan for
6233 managing education data that:
6234 (a) incorporates reasonable data industry best practices to maintain and protect student
6235 data and other education-related data;
6236 (b) provides for necessary technical assistance, training, support, and auditing;
6237 (c) describes the process for sharing student data between an education entity and
6238 another person;
6239 (d) describes the process for an adult student or parent to request that data be
6240 expunged; and
6241 (e) is published annually and available on the education entity's website.
6242 (10) "Education entity" means:
6243 (a) the board;
6244 (b) a local school board;
6245 (c) a charter school governing board;
6246 (d) a school district;
6247 (e) a charter school;
6248 (f) the Utah Schools for the Deaf and the Blind; or
6249 (g) for purposes of implementing the School Readiness Initiative described in [
6250
6251 Readiness Board created in Section [
6252 (11) "Expunge" means to seal or permanently delete data, as described in board rule
6253 made under Section [
6254 (12) "External application" means a general audience:
6255 (a) application;
6256 (b) piece of software;
6257 (c) website; or
6258 (d) service.
6259 (13) "Individualized education program" or "IEP" means a written statement:
6260 (a) for a student with a disability; and
6261 (b) that is developed, reviewed, and revised in accordance with the Individuals with
6262 Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
6263 (14) "Internal application" means an Internet website, online service, online
6264 application, mobile application, or software, if the Internet website, online service, online
6265 application, mobile application, or software is subject to a third-party contractor's contract with
6266 an education entity.
6267 (15) "Local education agency" or "LEA" means:
6268 (a) a school district;
6269 (b) a charter school;
6270 (c) the Utah Schools for the Deaf and the Blind; or
6271 (d) for purposes of implementing the School Readiness Initiative described in [
6272
6273 Readiness Board created in Section [
6274 (16) "Metadata dictionary" means a complete list of an education entity's student data
6275 elements and other education-related data elements, that:
6276 (a) defines and discloses all data collected, used, stored, and shared by the education
6277 entity, including:
6278 (i) who uses a data element within an education entity and how a data element is used
6279 within an education entity;
6280 (ii) if a data element is shared externally, who uses the data element externally and how
6281 a data element is shared externally;
6282 (iii) restrictions on the use of a data element; and
6283 (iv) parent and student rights to a data element;
6284 (b) designates student data elements as:
6285 (i) necessary student data; or
6286 (ii) optional student data;
6287 (c) designates student data elements as required by state or federal law; and
6288 (d) without disclosing student data or security information, is displayed on the
6289 education entity's website.
6290 (17) "Necessary student data" means data required by state statute or federal law to
6291 conduct the regular activities of an education entity, including:
6292 (a) name;
6293 (b) date of birth;
6294 (c) sex;
6295 (d) parent contact information;
6296 (e) custodial parent information;
6297 (f) contact information;
6298 (g) a student identification number;
6299 (h) local, state, and national assessment results or an exception from taking a local,
6300 state, or national assessment;
6301 (i) courses taken and completed, credits earned, and other transcript information;
6302 (j) course grades and grade point average;
6303 (k) grade level and expected graduation date or graduation cohort;
6304 (l) degree, diploma, credential attainment, and other school exit information;
6305 (m) attendance and mobility;
6306 (n) drop-out data;
6307 (o) immunization record or an exception from an immunization record;
6308 (p) race;
6309 (q) ethnicity;
6310 (r) tribal affiliation;
6311 (s) remediation efforts;
6312 (t) an exception from a vision screening required under Section [
6313 53G-9-404 or information collected from a vision screening required under Section
6314 [
6315 (u) information related to the Utah Registry of Autism and Developmental Disabilities,
6316 described in Section 26-7-4;
6317 (v) student injury information;
6318 (w) a cumulative disciplinary record created and maintained as described in Section
6319 [
6320 (x) juvenile delinquency records;
6321 (y) English language learner status; and
6322 (z) child find and special education evaluation data related to initiation of an IEP.
6323 (18) (a) "Optional student data" means student data that is not:
6324 (i) necessary student data; or
6325 (ii) student data that an education entity may not collect under Section [
6326 53E-9-305.
6327 (b) "Optional student data" includes:
6328 (i) information that is:
6329 (A) related to an IEP or needed to provide special needs services; and
6330 (B) not necessary student data;
6331 (ii) biometric information; and
6332 (iii) information that is not necessary student data and that is required for a student to
6333 participate in a federal or other program.
6334 (19) "Parent" means a student's parent or legal guardian.
6335 (20) (a) "Personally identifiable student data" means student data that identifies or is
6336 used by the holder to identify a student.
6337 (b) "Personally identifiable student data" includes:
6338 (i) a student's first and last name;
6339 (ii) the first and last name of a student's family member;
6340 (iii) a student's or a student's family's home or physical address;
6341 (iv) a student's email address or other online contact information;
6342 (v) a student's telephone number;
6343 (vi) a student's social security number;
6344 (vii) a student's biometric identifier;
6345 (viii) a student's health or disability data;
6346 (ix) a student's education entity student identification number;
6347 (x) a student's social media user name and password or alias;
6348 (xi) if associated with personally identifiable student data, the student's persistent
6349 identifier, including:
6350 (A) a customer number held in a cookie; or
6351 (B) a processor serial number;
6352 (xii) a combination of a student's last name or photograph with other information that
6353 together permits a person to contact the student online;
6354 (xiii) information about a student or a student's family that a person collects online and
6355 combines with other personally identifiable student data to identify the student; and
6356 (xiv) other information that is linked to a specific student that would allow a
6357 reasonable person in the school community, who does not have first-hand knowledge of the
6358 student, to identify the student with reasonable certainty.
6359 (21) "School official" means an employee or agent of an education entity, if the
6360 education entity has authorized the employee or agent to request or receive student data on
6361 behalf of the education entity.
6362 (22) (a) "Student data" means information about a student at the individual student
6363 level.
6364 (b) "Student data" does not include aggregate or de-identified data.
6365 (23) "Student data disclosure statement" means a student data disclosure statement
6366 described in Section [
6367 (24) "Student data manager" means:
6368 (a) the state student data officer; or
6369 (b) an individual designated as a student data manager by an education entity under
6370 Section [
6371 (25) (a) "Targeted advertising" means presenting advertisements to a student where the
6372 advertisement is selected based on information obtained or inferred over time from that
6373 student's online behavior, usage of applications, or student data.
6374 (b) "Targeted advertising" does not include advertising to a student:
6375 (i) at an online location based upon that student's current visit to that location; or
6376 (ii) in response to that student's request for information or feedback, without retention
6377 of that student's online activities or requests over time for the purpose of targeting subsequent
6378 ads.
6379 (26) "Third-party contractor" means a person who:
6380 (a) is not an education entity; and
6381 (b) pursuant to a contract with an education entity, collects or receives student data in
6382 order to provide a product or service, as described in the contract, if the product or service is
6383 not related to school photography, yearbooks, graduation announcements, or a similar product
6384 or service.
6385 Section 220. Section 53E-9-302, which is renumbered from Section 53A-1-1403 is
6386 renumbered and amended to read:
6387 [
6388 (1) (a) An education entity or a third-party contractor who collects, uses, stores, shares,
6389 or deletes student data shall protect student data as described in this part.
6390 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6391 board shall make rules to administer this part, including student data protection standards for
6392 public education employees, student aides, and volunteers.
6393 (2) The board shall oversee the preparation and maintenance of:
6394 (a) a statewide data governance plan; and
6395 (b) a state-level metadata dictionary.
6396 (3) As described in this Subsection (3), the board shall establish advisory groups to
6397 oversee student data protection in the state and make recommendations to the board regarding
6398 student data protection.
6399 (a) The board shall establish a student data policy advisory group:
6400 (i) composed of members from:
6401 (A) the Legislature;
6402 (B) the board and board employees; and
6403 (C) one or more LEAs;
6404 (ii) to discuss and make recommendations to the board regarding:
6405 (A) enacted or proposed legislation; and
6406 (B) state and local student data protection policies across the state;
6407 (iii) that reviews and monitors the state student data governance plan; and
6408 (iv) that performs other tasks related to student data protection as designated by the
6409 board.
6410 (b) The board shall establish a student data governance advisory group:
6411 (i) composed of the state student data officer and other board employees; and
6412 (ii) that performs duties related to state and local student data protection, including:
6413 (A) overseeing data collection and usage by board program offices; and
6414 (B) preparing and maintaining the board's student data governance plan under the
6415 direction of the student data policy advisory group.
6416 (c) The board shall establish a student data users advisory group:
6417 (i) composed of members who use student data at the local level; and
6418 (ii) that provides feedback and suggestions on the practicality of actions proposed by
6419 the student data policy advisory group and the student data governance advisory group.
6420 (4) (a) The board shall designate a state student data officer.
6421 (b) The state student data officer shall:
6422 (i) act as the primary point of contact for state student data protection administration in
6423 assisting the board to administer this part;
6424 (ii) ensure compliance with student privacy laws throughout the public education
6425 system, including:
6426 (A) providing training and support to applicable board and LEA employees; and
6427 (B) producing resource materials, model plans, and model forms for local student data
6428 protection governance, including a model student data disclosure statement;
6429 (iii) investigate complaints of alleged violations of this part;
6430 (iv) report violations of this part to:
6431 (A) the board;
6432 (B) an applicable education entity; and
6433 (C) the student data policy advisory group; and
6434 (v) act as a state level student data manager.
6435 (5) The board shall designate:
6436 (a) at least one support manager to assist the state student data officer; and
6437 (b) a student data protection auditor to assist the state student data officer.
6438 (6) The board shall establish an external research review process for a request for data
6439 for the purpose of external research or evaluation.
6440 Section 221. Section 53E-9-303, which is renumbered from Section 53A-1-1404 is
6441 renumbered and amended to read:
6442 [
6443 (1) An LEA shall adopt policies to protect student data in accordance with this part and
6444 board rule, taking into account the specific needs and priorities of the LEA.
6445 (2) (a) An LEA shall designate an individual to act as a student data manager to fulfill
6446 the responsibilities of a student data manager described in Section [
6447 (b) If possible, an LEA shall designate the LEA's records officer as defined in Section
6448 63G-2-103, as the student data manager.
6449 (3) An LEA shall create and maintain an LEA:
6450 (a) data governance plan; and
6451 (b) metadata dictionary.
6452 (4) An LEA shall establish an external research review process for a request for data
6453 for the purpose of external research or evaluation.
6454 Section 222. Section 53E-9-304, which is renumbered from Section 53A-1-1405 is
6455 renumbered and amended to read:
6456 [
6457 breach.
6458 (1) (a) A student owns the student's personally identifiable student data.
6459 (b) A student may download, export, transfer, save, or maintain the student's student
6460 data, including a document.
6461 (2) If there is a release of a student's personally identifiable student data due to a
6462 security breach, an education entity shall notify:
6463 (a) the student, if the student is an adult student; or
6464 (b) the student's parent or legal guardian, if the student is not an adult student.
6465 Section 223. Section 53E-9-305, which is renumbered from Section 53A-1-1406 is
6466 renumbered and amended to read:
6467 [
6468 data disclosure statement -- Authorization.
6469 (1) An education entity shall comply with this section beginning with the 2017-18
6470 school year.
6471 (2) An education entity may not collect a student's:
6472 (a) social security number; or
6473 (b) except as required in Section 78A-6-112, criminal record.
6474 (3) An education entity that collects student data into a cumulative record shall, in
6475 accordance with this section, prepare and distribute to parents and students a student data
6476 disclosure statement that:
6477 (a) is a prominent, stand-alone document;
6478 (b) is annually updated and published on the education entity's website;
6479 (c) states the necessary and optional student data the education entity collects;
6480 (d) states that the education entity will not collect the student data described in
6481 Subsection (2);
6482 (e) states the student data described in Section [
6483 education entity may not share without a data authorization;
6484 (f) describes how the education entity may collect, use, and share student data;
6485 (g) includes the following statement:
6486 "The collection, use, and sharing of student data has both benefits and risks. Parents
6487 and students should learn about these benefits and risks and make choices regarding student
6488 data accordingly.";
6489 (h) describes in general terms how the education entity stores and protects student data;
6490 and
6491 (i) states a student's rights under this part.
6492 (4) An education entity may collect the necessary student data of a student into a
6493 cumulative record if the education entity provides a student data disclosure statement to:
6494 (a) the student, if the student is an adult student; or
6495 (b) the student's parent, if the student is not an adult student.
6496 (5) An education entity may collect optional student data into a cumulative record if
6497 the education entity:
6498 (a) provides, to an individual described in Subsection (4), a student data disclosure
6499 statement that includes a description of:
6500 (i) the optional student data to be collected; and
6501 (ii) how the education entity will use the optional student data; and
6502 (b) obtains a data authorization to collect the optional student data from an individual
6503 described in Subsection (4).
6504 (6) An education entity may collect a student's biometric identifier or biometric
6505 information into a cumulative record if the education entity:
6506 (a) provides, to an individual described in Subsection (4), a biometric information
6507 disclosure statement that is separate from a student data disclosure statement, which states:
6508 (i) the biometric identifier or biometric information to be collected;
6509 (ii) the purpose of collecting the biometric identifier or biometric information; and
6510 (iii) how the education entity will use and store the biometric identifier or biometric
6511 information; and
6512 (b) obtains a data authorization to collect the biometric identifier or biometric
6513 information from an individual described in Subsection (4).
6514 Section 224. Section 53E-9-306, which is renumbered from Section 53A-1-1407 is
6515 renumbered and amended to read:
6516 [
6517 Cumulative disciplinary record.
6518 (1) In accordance with Title 63G, Chapter 2, Government Records Access and
6519 Management Act, and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board
6520 shall make rules regarding using and expunging student data, including:
6521 (a) a categorization of cumulative disciplinary records that includes the following
6522 levels of maintenance:
6523 (i) one year;
6524 (ii) three years; and
6525 (iii) except as required in Subsection (3), as determined by the education entity;
6526 (b) the types of student data that may be expunged, including:
6527 (i) medical records; and
6528 (ii) behavioral test assessments; and
6529 (c) the types of student data that may not be expunged, including:
6530 (i) grades;
6531 (ii) transcripts;
6532 (iii) a record of the student's enrollment; and
6533 (iv) assessment information.
6534 (2) In accordance with board rule, an education entity may create and maintain a
6535 cumulative disciplinary record for a student.
6536 (3) (a) An education entity shall, in accordance with board rule, expunge a student's
6537 student data that is stored by the education entity if:
6538 (i) the student is at least 23 years old; and
6539 (ii) the student requests that the education entity expunge the student data.
6540 (b) An education entity shall retain and dispose of records in accordance with Section
6541 63G-2-604 and board rule.
6542 Section 225. Section 53E-9-307, which is renumbered from Section 53A-1-1408 is
6543 renumbered and amended to read:
6544 [
6545 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6546 board shall make rules that:
6547 (1) using reasonable data industry best practices, prescribe the maintenance and
6548 protection of stored student data by:
6549 (a) an education entity; and
6550 (b) a third-party contractor; and
6551 (2) state requirements for an education entity's metadata dictionary.
6552 Section 226. Section 53E-9-308, which is renumbered from Section 53A-1-1409 is
6553 renumbered and amended to read:
6554 [
6555 Requirements for student data manager.
6556 (1) An education entity shall comply with this section beginning with the 2017-18
6557 school year.
6558 (2) An education entity may not share a student's personally identifiable student data if
6559 the personally identifiable student data is not shared in accordance with:
6560 (a) the Family Education Rights and Privacy Act and related provisions under 20
6561 U.S.C. Secs. 1232g and 1232h; and
6562 (b) this part.
6563 (3) A student data manager shall:
6564 (a) authorize and manage the sharing, outside of the education entity, of personally
6565 identifiable student data from a cumulative record for the education entity as described in this
6566 section; and
6567 (b) act as the primary local point of contact for the state student data officer described
6568 in Section [
6569 (4) (a) Except as provided in this section or required by federal law, a student data
6570 manager may not share, outside of the education entity, personally identifiable student data
6571 from a cumulative record without a data authorization.
6572 (b) A student data manager may share the personally identifiable student data of a
6573 student with the student and the student's parent.
6574 (5) A student data manager may share a student's personally identifiable student data
6575 from a cumulative record with:
6576 (a) a school official;
6577 (b) as described in Subsection (6), an authorized caseworker or other representative of
6578 the Department of Human Services; or
6579 (c) a person to whom the student data manager's education entity has outsourced a
6580 service or function:
6581 (i) to research the effectiveness of a program's implementation; or
6582 (ii) that the education entity's employees would typically perform.
6583 (6) A student data manager may share a student's personally identifiable student data
6584 from a cumulative record with a caseworker or representative of the Department of Human
6585 Services if:
6586 (a) the Department of Human Services is:
6587 (i) legally responsible for the care and protection of the student; or
6588 (ii) providing services to the student;
6589 (b) the student's personally identifiable student data is not shared with a person who is
6590 not authorized:
6591 (i) to address the student's education needs; or
6592 (ii) by the Department of Human Services to receive the student's personally
6593 identifiable student data; and
6594 (c) the Department of Human Services maintains and protects the student's personally
6595 identifiable student data.
6596 (7) The Department of Human Services, a school official, or the Utah Juvenile Court
6597 may share education information, including a student's personally identifiable student data, to
6598 improve education outcomes for youth:
6599 (a) in the custody of, or under the guardianship of, the Department of Human Services;
6600 (b) receiving services from the Division of Juvenile Justice Services;
6601 (c) in the custody of the Division of Child and Family Services;
6602 (d) receiving services from the Division of Services for People with Disabilities; or
6603 (e) under the jurisdiction of the Utah Juvenile Court.
6604 (8) Subject to Subsection (9), a student data manager may share aggregate data.
6605 (9) (a) If a student data manager receives a request to share data for the purpose of
6606 external research or evaluation, the student data manager shall:
6607 (i) submit the request to the education entity's external research review process; and
6608 (ii) fulfill the instructions that result from the review process.
6609 (b) A student data manager may not share personally identifiable student data for the
6610 purpose of external research or evaluation.
6611 (10) (a) A student data manager may share personally identifiable student data in
6612 response to a subpoena issued by a court.
6613 (b) A person who receives personally identifiable student data under Subsection (10)(a)
6614 may not use the personally identifiable student data outside of the use described in the
6615 subpoena.
6616 (11) (a) In accordance with board rule, a student data manager may share personally
6617 identifiable information that is directory information.
6618 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6619 board shall make rules to:
6620 (i) define directory information; and
6621 (ii) determine how a student data manager may share personally identifiable
6622 information that is directory information.
6623 Section 227. Section 53E-9-309, which is renumbered from Section 53A-1-1410 is
6624 renumbered and amended to read:
6625 [
6626 student data -- Contract requirements -- Completion of contract -- Required and allowed
6627 uses of student data -- Restrictions on the use of student data -- Exceptions.
6628 (1) A third-party contractor shall use personally identifiable student data received
6629 under a contract with an education entity strictly for the purpose of providing the contracted
6630 product or service within the negotiated contract terms.
6631 (2) When contracting with a third-party contractor, an education entity shall require the
6632 following provisions in the contract:
6633 (a) requirements and restrictions related to the collection, use, storage, or sharing of
6634 student data by the third-party contractor that are necessary for the education entity to ensure
6635 compliance with the provisions of this part and board rule;
6636 (b) a description of a person, or type of person, including an affiliate of the third-party
6637 contractor, with whom the third-party contractor may share student data;
6638 (c) provisions that, at the request of the education entity, govern the deletion of the
6639 student data received by the third-party contractor;
6640 (d) except as provided in Subsection (4) and if required by the education entity,
6641 provisions that prohibit the secondary use of personally identifiable student data by the
6642 third-party contractor; and
6643 (e) an agreement by the third-party contractor that, at the request of the education entity
6644 that is a party to the contract, the education entity or the education entity's designee may audit
6645 the third-party contractor to verify compliance with the contract.
6646 (3) As authorized by law or court order, a third-party contractor shall share student data
6647 as requested by law enforcement.
6648 (4) A third-party contractor may:
6649 (a) use student data for adaptive learning or customized student learning purposes;
6650 (b) market an educational application or product to a parent or legal guardian of a
6651 student if the third-party contractor did not use student data, shared by or collected on behalf of
6652 an education entity, to market the educational application or product;
6653 (c) use a recommendation engine to recommend to a student:
6654 (i) content that relates to learning or employment, within the third-party contractor's
6655 internal application, if the recommendation is not motivated by payment or other consideration
6656 from another party; or
6657 (ii) services that relate to learning or employment, within the third-party contractor's
6658 internal application, if the recommendation is not motivated by payment or other consideration
6659 from another party;
6660 (d) respond to a student request for information or feedback, if the content of the
6661 response is not motivated by payment or other consideration from another party;
6662 (e) use student data to allow or improve operability and functionality of the third-party
6663 contractor's internal application; or
6664 (f) identify for a student nonprofit institutions of higher education or scholarship
6665 providers that are seeking students who meet specific criteria:
6666 (i) regardless of whether the identified nonprofit institutions of higher education or
6667 scholarship providers provide payment or other consideration to the third-party contractor; and
6668 (ii) except as provided in Subsection (5), only if the third-party contractor obtains
6669 written consent:
6670 (A) of a student's parent or legal guardian through the student's school or LEA; or
6671 (B) for a student who is age 18 or older or an emancipated minor, from the student.
6672 (5) A third-party contractor is not required to obtain written consent under Subsection
6673 (4)(f)(ii) if the third-party contractor:
6674 (a) is a national assessment provider; and
6675 (b) (i) secures the express written consent of the student or the student's parent; and
6676 (ii) the express written consent is given in response to clear and conspicuous notice
6677 that the national assessment provider requests consent solely to provide access to information
6678 on employment, educational scholarships, financial aid, or postsecondary educational
6679 opportunities.
6680 (6) At the completion of a contract with an education entity, if the contract has not
6681 been renewed, a third-party contractor shall return or delete upon the education entity's request
6682 all personally identifiable student data under the control of the education entity unless a student
6683 or the student's parent consents to the maintenance of the personally identifiable student data.
6684 (7) (a) A third-party contractor may not:
6685 (i) except as provided in Subsections (5) and (7)(b), sell student data;
6686 (ii) collect, use, or share student data, if the collection, use, or sharing of the student
6687 data is inconsistent with the third-party contractor's contract with the education entity; or
6688 (iii) use student data for targeted advertising.
6689 (b) A person may obtain student data through the purchase of, merger with, or
6690 otherwise acquiring a third-party contractor if the third-party contractor remains in compliance
6691 with this section.
6692 (8) A provider of an electronic store, gateway, marketplace, or other means of
6693 purchasing an external application is not required to ensure that the external application
6694 obtained through the provider complies with this section.
6695 (9) The provisions of this section do not:
6696 (a) apply to the use of an external application, including the access of an external
6697 application with login credentials created by a third-party contractor's internal application;
6698 (b) apply to the providing of Internet service; or
6699 (c) impose a duty on a provider of an interactive computer service, as defined in 47
6700 U.S.C. Sec. 230, to review or enforce compliance with this section.
6701 Section 228. Section 53E-9-310, which is renumbered from Section 53A-1-1411 is
6702 renumbered and amended to read:
6703 [
6704 (1) (a) A third-party contractor that knowingly or recklessly permits unauthorized
6705 collecting, sharing, or use of student data under this part:
6706 (i) except as provided in Subsection (1)(b), may not enter into a future contract with an
6707 education entity;
6708 (ii) may be required by the board to pay a civil penalty of up to $25,000; and
6709 (iii) may be required to pay:
6710 (A) the education entity's cost of notifying parents and students of the unauthorized
6711 sharing or use of student data; and
6712 (B) expenses incurred by the education entity as a result of the unauthorized sharing or
6713 use of student data.
6714 (b) An education entity may enter into a contract with a third-party contractor that
6715 knowingly or recklessly permitted unauthorized collecting, sharing, or use of student data if:
6716 (i) the board or education entity determines that the third-party contractor has corrected
6717 the errors that caused the unauthorized collecting, sharing, or use of student data; and
6718 (ii) the third-party contractor demonstrates:
6719 (A) if the third-party contractor is under contract with an education entity, current
6720 compliance with this part; or
6721 (B) an ability to comply with the requirements of this part.
6722 (c) The board may assess the civil penalty described in Subsection (1)(a)(ii) in
6723 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
6724 (d) The board may bring an action in the district court of the county in which the office
6725 of the board is located, if necessary, to enforce payment of the civil penalty described in
6726 Subsection (1)(a)(ii).
6727 (e) An individual who knowingly or intentionally permits unauthorized collecting,
6728 sharing, or use of student data may be found guilty of a class A misdemeanor.
6729 (2) (a) A parent or student may bring an action in a court of competent jurisdiction for
6730 damages caused by a knowing or reckless violation of Section [
6731 third-party contractor.
6732 (b) If the court finds that a third-party contractor has violated Section [
6733 53E-9-309, the court may award to the parent or student:
6734 (i) damages; and
6735 (ii) costs.
6736 Section 229. Section 53E-10-101 is enacted to read:
6737
6738
6739 53E-10-101. Title.
6740 This chapter is known as "Other Programs."
6741 Section 230. Section 53E-10-201 is enacted to read:
6742
6743 53E-10-201. Definitions.
6744 Reserved
6745 Section 231. Section 53E-10-202, which is renumbered from Section 53A-15-401 is
6746 renumbered and amended to read:
6747 [
6748 (1) The general control and supervision, but not the direct management, of adult
6749 education is vested in the State Board of Education.
6750 (2) The board has the following powers:
6751 (a) makes and enforces rules to organize, conduct, and supervise adult education;
6752 (b) appoints state staff for the adult education program, establishes their duties, and
6753 fixes their compensation;
6754 (c) determines the qualifications of, and issues teaching certificates to, persons
6755 employed to give adult education instruction; and
6756 (d) determines the basis of apportionment and distributes funds made available for
6757 adult education.
6758 (3) (a) The State Board of Education shall make rules providing for the establishment
6759 of fees which shall be imposed by local school boards for participation in adult education
6760 programs.
6761 (b) A fee structure for adult education shall take into account the ability of a Utah
6762 resident who participates in adult education to pay the fees.
6763 (c) Sections [
6764 and fee waivers in secondary schools do not apply to adult education.
6765 Section 232. Section 53E-10-203, which is renumbered from Section 53A-15-402 is
6766 renumbered and amended to read:
6767 [
6768 (1) Upon recommendation of the state superintendent, the State Board of Education
6769 may appoint a full-time director for adult education to work under the supervision of the board.
6770 (2) The director may coordinate the adult education program authorized under Sections
6771 [
6772 programs.
6773 Section 233. Section 53E-10-204, which is renumbered from Section 53A-15-403 is
6774 renumbered and amended to read:
6775 [
6776 education programs.
6777 A local school board may do the following:
6778 (1) establish and maintain classes for adult education, with classes being held at times
6779 and places convenient and accessible to the members of the class;
6780 (2) raise and appropriate funds for an adult education program;
6781 (3) subject to Sections [
6782 determine fees for participation in an adult education program; and
6783 (4) hire persons to instruct adult education classes.
6784 Section 234. Section 53E-10-205, which is renumbered from Section 53A-15-404 is
6785 renumbered and amended to read:
6786 [
6787 (1) Adult education classes are open to every person 18 years of age or over and to any
6788 person who has completed high school.
6789 (2) Eligible nonresidents of the state shall be charged tuition at least equal to that
6790 charged nonresident students for similar classes at a local or nearby state college or university,
6791 unless waived in whole or in part by the local school board in an open meeting.
6792 (3) The district superintendent may, upon the recommendation of an authorized
6793 representative of the Division of Child and Family Services, exempt an adult domiciled in Utah
6794 from the payment of adult education fees.
6795 Section 235. Section 53E-10-206, which is renumbered from Section 53A-15-405 is
6796 renumbered and amended to read:
6797 [
6798 (1) Salaries and other necessary expenses of the state adult education staff shall be paid
6799 from funds appropriated for adult education.
6800 (2) The State Board of Education shall determine the terms and conditions of payment.
6801 (3) A local school board shall pay all costs incident to the local administration and
6802 operation of its adult education program.
6803 (4) The board shall submit reports required by the State Board of Education for the
6804 administration of adult education.
6805 Section 236. Section 53E-10-301, which is renumbered from Section 53A-15-1702 is
6806 renumbered and amended to read:
6807
6808 [
6809 (1) "Concurrent enrollment" means enrollment in a course offered through the
6810 concurrent enrollment program described in Section [
6811 (2) "Educator" means the same as that term is defined in Section [
6812 53E-6-102.
6813 (3) "Eligible instructor" means an instructor who is:
6814 (a) employed as faculty by an institution of higher education; or
6815 (b) (i) employed by an LEA;
6816 (ii) licensed by the State Board of Education under [
6817
6818 (iii) (A) approved as adjunct faculty by an institution of higher education; or
6819 (B) a mathematics educator who has an upper level mathematics endorsement; and
6820 (iv) supervised by an institution of higher education.
6821 (4) "Eligible student" means a student who:
6822 (a) is enrolled in, and counted in average daily membership in, a high school within the
6823 state;
6824 (b) has a plan for college and career readiness, as described in Section [
6825 53E-2-304, on file at a high school within the state; and
6826 (c) (i) is a grade 11 or grade 12 student; or
6827 (ii) is a grade 9 or grade 10 student who qualifies by exception as described in Section
6828 [
6829 (5) "Endorsement" means a stipulation, authorized by the State Board of Education and
6830 appended to a license, that specifies an area of practice to which the license applies.
6831 (6) "Institution of higher education" means the same as that term is defined in Section
6832 53B-3-102.
6833 (7) "License" means the same as that term is defined in Section [
6834 53E-6-102.
6835 (8) "Local education agency" or "LEA" means a school district or charter school.
6836 (9) "Participating eligible student" means an eligible student enrolled in a concurrent
6837 enrollment course.
6838 (10) "Upper level mathematics endorsement" means an endorsement required by the
6839 State Board of Education for an educator to teach calculus.
6840 (11) "Value of the weighted pupil unit" means the same as that term is defined in
6841 Section [
6842 Section 237. Section 53E-10-302, which is renumbered from Section 53A-15-1703 is
6843 renumbered and amended to read:
6844 [
6845 (1) The State Board of Education and the State Board of Regents shall establish and
6846 maintain a concurrent enrollment program that:
6847 (a) provides an eligible student the opportunity to enroll in a course that allows the
6848 eligible student to earn credit concurrently:
6849 (i) toward high school graduation; and
6850 (ii) at an institution of higher education;
6851 (b) includes only courses that:
6852 (i) lead to a degree or certificate offered by an institution of higher education; and
6853 (ii) are one of the following:
6854 (A) general education courses;
6855 (B) career and technical education courses;
6856 (C) pre-major college level courses; or
6857 (D) foreign language concurrent enrollment courses described in Section
6858 [
6859 (c) is designed and implemented to take full advantage of the most current available
6860 education technology.
6861 (2) The State Board of Education and the State Board of Regents shall coordinate:
6862 (a) to establish a concurrent enrollment course approval process that ensures:
6863 (i) credit awarded for concurrent enrollment is consistent and transferable to all
6864 institutions of higher education; and
6865 (ii) learning outcomes for concurrent enrollment courses align with:
6866 (A) core standards for Utah public schools adopted by the State Board of Education;
6867 and
6868 (B) except for foreign language concurrent enrollment courses described in Section
6869 [
6870 or above the 1000 level; and
6871 (b) advising to eligible students, including:
6872 (i) providing information on general education requirements at institutions of higher
6873 education; and
6874 (ii) choosing concurrent enrollment courses to avoid duplication or excess credit hours.
6875 (3) The State Board of Regents shall provide guidelines to an institution of higher
6876 education for establishing qualifying academic criteria for an eligible student to enroll in a
6877 concurrent enrollment course.
6878 (4) To qualify for funds under Section [
6879 institution of higher education shall:
6880 (a) enter into a contract, in accordance with Section [
6881 provide one or more concurrent enrollment courses that are approved under the course approval
6882 process described in Subsection (2);
6883 (b) ensure that an instructor who teaches a concurrent enrollment course is an eligible
6884 instructor;
6885 (c) establish qualifying academic criteria for an eligible student to enroll in a
6886 concurrent enrollment course, in accordance with the guidelines described in Subsection (3);
6887 (d) ensure that a student who enrolls in a concurrent enrollment course is an eligible
6888 student; and
6889 (e) coordinate advising to eligible students.
6890 (5) An LEA and an institution of higher education may qualify a grade 9 or grade 10
6891 student to enroll in a current enrollment course by exception, including a student who
6892 otherwise qualifies to take a foreign language concurrent enrollment course described in
6893 Section [
6894 (6) An institution of higher education shall accept credits earned by a student who
6895 completes a concurrent enrollment course on the same basis as credits earned by a full-time or
6896 part-time student enrolled at the institution of higher education.
6897 (7) An institution of higher education shall require an eligible instructor to submit to a
6898 background check and ongoing monitoring, as described in Section [
6899 53G-11-402, in the same manner as a non-licensed employee of an LEA, if the eligible
6900 instructor:
6901 (a) teaches a concurrent enrollment course in a high school; and
6902 (b) is not licensed by the State Board of Education under [
6903
6904 Licensure.
6905 Section 238. Section 53E-10-303, which is renumbered from Section 53A-15-1704 is
6906 renumbered and amended to read:
6907 [
6908 Concurrent enrollment course right of first refusal.
6909 (1) As used in this section, "designated institution of higher education" means an
6910 institution of higher education that is designated by the State Board of Regents to provide a
6911 course or program of study within a specific geographic region.
6912 (2) To offer a concurrent enrollment course, an LEA shall contact the LEA's designated
6913 institution of higher education to request that the designated institution of higher education
6914 contract with the LEA to provide the concurrent enrollment course.
6915 (3) If the LEA's designated institution of higher education chooses to offer the
6916 concurrent enrollment course, the LEA shall contract with the LEA's designated institution of
6917 higher education to provide the concurrent enrollment course.
6918 (4) An LEA may contract with an institution of higher education that is not the LEA's
6919 designated institution of higher education to provide a concurrent enrollment course if the
6920 LEA's designated institution of higher education:
6921 (a) chooses not to offer the concurrent enrollment course proposed by the LEA; or
6922 (b) fails to respond to the LEA's request under Subsection (2) within 30 days after the
6923 day on which the LEA contacts the designated institution of higher education.
6924 Section 239. Section 53E-10-304, which is renumbered from Section 53A-15-1705 is
6925 renumbered and amended to read:
6926 [
6927 Parental permission.
6928 (1) The State Board of Regents shall create a higher education concurrent enrollment
6929 participation form that includes a parental permission form.
6930 (2) Before allowing an eligible student to participate in concurrent enrollment, an LEA
6931 and an institution of higher education shall ensure that the eligible student has, for the current
6932 school year:
6933 (a) submitted the participation form described in Subsection (1);
6934 (b) signed an acknowledgment of program participation requirements; and
6935 (c) obtained parental permission as indicated by the signature of a student's parent or
6936 legal guardian on the parental permission form.
6937 Section 240. Section 53E-10-305, which is renumbered from Section 53A-15-1706 is
6938 renumbered and amended to read:
6939 [
6940 (1) Except as provided in this section, the State Board of Regents or an institution of
6941 higher education may not charge tuition or fees for a concurrent enrollment course.
6942 (2) (a) The State Board of Regents may charge a one-time fee for a student to
6943 participate in the concurrent enrollment program.
6944 (b) A student who pays a fee described in Subsection (2)(a) does not satisfy a general
6945 admission application fee requirement for a full-time or part-time student at an institution of
6946 higher education.
6947 (3) (a) An institution of higher education may charge a one-time admission application
6948 fee for concurrent enrollment course credit offered by the institution of higher education.
6949 (b) Payment of the fee described in Subsection (3)(a) satisfies the general admission
6950 application fee requirement for a full-time or part-time student at an institution of higher
6951 education.
6952 (4) (a) Except as provided in Subsection (4)(b), an institution of higher education may
6953 charge partial tuition of no more than $30 per credit hour for a concurrent enrollment course
6954 for which a student earns college credit.
6955 (b) A higher education institution may not charge more than:
6956 (i) $5 per credit hour for an eligible student who qualifies for free or reduced price
6957 school lunch;
6958 (ii) $10 per credit hour for a concurrent enrollment course that is taught at an LEA by
6959 an eligible instructor described in Subsection [
6960 (iii) $15 per credit hour for a concurrent enrollment course that is taught through video
6961 conferencing.
6962 Section 241. Section 53E-10-306 is enacted to read:
6963 53E-10-306. Funding.
6964 Unless otherwise specified, the provisions of this part and Section 53F-2-409 govern
6965 concurrent enrollment funding.
6966 Section 242. Section 53E-10-307, which is renumbered from Section 53A-15-1708 is
6967 renumbered and amended to read:
6968 [
6969 foreign language students.
6970 (1) As used in this section:
6971 (a) "Accelerated foreign language student" means a student who:
6972 (i) has passed a world language advanced placement exam; and
6973 (ii) is in grade 10, grade 11, or grade 12.
6974 (b) "Blended learning delivery model" means an education delivery model in which a
6975 student learns, at least in part:
6976 (i) through online learning with an element of student control over time, place, path,
6977 and pace; and
6978 (ii) in the physical presence of an instructor.
6979 (c) "State university" means an institution of higher education that offers courses
6980 leading to a bachelor's degree.
6981 (2) The University of Utah shall partner with all state universities to develop, as part of
6982 the concurrent enrollment program described in this part, concurrent enrollment courses that:
6983 (a) are age-appropriate foreign language courses for accelerated foreign language
6984 students who are eligible students;
6985 (b) count toward a foreign language degree offered by an institution of higher
6986 education; and
6987 (c) are delivered:
6988 (i) using a blended learning delivery model; and
6989 (ii) by an eligible instructor that is faculty of a state institution of higher education.
6990 Section 243. Section 53E-10-308, which is renumbered from Section 53A-15-1709 is
6991 renumbered and amended to read:
6992 [
6993 The State Board of Education and the State Board of Regents shall submit an annual
6994 written report to the Higher Education Appropriations Subcommittee and the Public Education
6995 Appropriations Subcommittee on student participation in the concurrent enrollment program,
6996 including:
6997 (1) data on the higher education tuition not charged due to the hours of higher
6998 education credit granted through concurrent enrollment;
6999 (2) tuition or fees charged under Section [
7000 (3) an accounting of the money appropriated for concurrent enrollment; and
7001 (4) a justification of the distribution method described in Subsections
7002 [
7003 Section 244. Section 53E-10-401, which is renumbered from Section 53A-31-102 is
7004 renumbered and amended to read:
7005
7006 [
7007 As used in this [
7008 (1) "Commission" means the American Indian-Alaskan Native Education Commission
7009 created in Section [
7010 (2) "Liaison" means the individual appointed under Section [
7011 (3) "Native American Legislative Liaison Committee" means the committee created in
7012 Section 36-22-1.
7013 (4) "State plan" means the state plan adopted under Section [
7014 (5) "Superintendent" means the superintendent of public instruction appointed under
7015 Section [
7016 Section 245. Section 53E-10-402, which is renumbered from Section 53A-31-201 is
7017 renumbered and amended to read:
7018 [
7019 Education Liaison.
7020 (1) Subject to budget constraints, the superintendent shall appoint an individual as the
7021 American Indian-Alaskan Native Public Education Liaison.
7022 (2) The liaison shall work under the direction of the superintendent in the development
7023 and implementation of the state plan.
7024 (3) The liaison shall annually report to the Native American Legislative Liaison
7025 Committee about:
7026 (a) the liaison's activities; and
7027 (b) the activities related to the education of American Indians and Alaskan Natives in
7028 the state's public school system and efforts to close the achievement gap.
7029 Section 246. Section 53E-10-403, which is renumbered from Section 53A-31-202 is
7030 renumbered and amended to read:
7031 [
7032 (1) There is created a commission known as the "American Indian-Alaskan Native
7033 Education Commission." The commission shall consist of 16 members as follows:
7034 (a) the superintendent;
7035 (b) the liaison;
7036 (c) two individuals appointed by the State Board of Education that are coordinators
7037 funded in whole or in part under Title VII, Elementary and Secondary Education Act;
7038 (d) three members of the Native American Legislative Liaison Committee appointed by
7039 the chairs of the Native American Legislative Liaison Committee;
7040 (e) a representative of the Navajo Nation who resides in Utah selected by the Navajo
7041 Utah Commission;
7042 (f) a representative of the Ute Indian Tribe of the Uintah and Ouray Reservation who
7043 resides in Utah selected by the Uintah and Ouray Tribal Business Committee;
7044 (g) a representative of the Paiute Indian Tribe of Utah who resides in Utah selected by
7045 the Paiute Indian Tribe of Utah Tribal Council;
7046 (h) a representative of the Northwestern Band of the Shoshone Nation who resides in
7047 Utah selected by the Northwestern Band of the Shoshone Nation Tribal Council;
7048 (i) a representative of the Confederated Tribes of the Goshute who resides in Utah
7049 selected by the Confederated Tribes of the Goshute Reservation Tribal Council;
7050 (j) a representative of the Skull Valley Band of Goshute Indians who resides in Utah
7051 selected by the Skull Valley Band of Goshute Indian Tribal Executive Committee;
7052 (k) a representative of the Ute Mountain Ute Tribe who resides in Utah selected by the
7053 Ute Mountain Ute Tribal Council;
7054 (l) a representative of the San Juan Southern Paiute Tribe who resides in Utah selected
7055 by the San Juan Southern Paiute Tribal Council; and
7056 (m) an appointee from the governor.
7057 (2) Unless otherwise determined by the State Board of Education, the superintendent
7058 shall chair the commission.
7059 (3) (a) The superintendent shall call meetings of the commission.
7060 (b) Eight members of the commission constitute a quorum of the commission.
7061 (c) The action of a majority of the commission at a meeting when a quorum is present
7062 constitutes action of the commission.
7063 (4) If a vacancy occurs in the membership for any reason, the replacement shall be
7064 appointed in the same manner of the original appointment for the vacant position.
7065 (5) The commission may adopt procedures or requirements for:
7066 (a) voting, when there is a tie of the commission members; and
7067 (b) the frequency of meetings.
7068 (6) (a) A member of the commission may not receive compensation or benefits for the
7069 member's service, but may receive per diem and travel expenses in accordance with:
7070 (i) Section 63A-3-106;
7071 (ii) Section 63A-3-107; and
7072 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
7073 63A-3-107.
7074 (b) Compensation and expenses of a participant who is a legislator are governed by
7075 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
7076 (7) The staff of the State Board of Education shall staff the commission.
7077 (8) The commission shall be dissolved on December 31, 2015.
7078 Section 247. Section 53E-10-404, which is renumbered from Section 53A-31-203 is
7079 renumbered and amended to read:
7080 [
7081 (1) The commission shall develop a proposed state plan to be presented to the Native
7082 American Legislative Liaison Committee to address the educational achievement gap of the
7083 American Indian and Alaskan Native students in the state.
7084 (2) The proposed state plan shall:
7085 (a) identify the most critical academic needs of Utah's American Indian and Alaskan
7086 Native students;
7087 (b) recommend a course of action to meet the identified needs;
7088 (c) be based on, and include, a summary of the best available evidence and most recent
7089 data;
7090 (d) focus on specific actions;
7091 (e) identify existing programs and resources;
7092 (f) prioritize more efficient and better use of existing programs and resources to meet
7093 the needs of American Indian and Alaskan Native students;
7094 (g) include ongoing reporting to the Native American Legislative Liaison Committee;
7095 (h) include a plan to hire, retain, and promote highly qualified teachers as quickly as
7096 feasible; and
7097 (i) add a process for sharing data with tribal education leaders.
7098 (3) The commission shall present the proposed state plan developed under Subsection
7099 (1) to the Native American Legislative Liaison Committee by no later than October 31, 2015.
7100 Section 248. Section 53E-10-405, which is renumbered from Section 53A-31-301 is
7101 renumbered and amended to read:
7102 [
7103 (1) After receipt of the proposed state plan from the commission in accordance with
7104 Section [
7105 review the proposed state plan and make changes to the proposed state plan that the Native
7106 American Legislative Liaison Committee considers beneficial to addressing the educational
7107 achievement gap of the state's American Indian and Alaskan Native students.
7108 (2) (a) The Native American Legislative Liaison Committee shall submit the proposed
7109 state plan as modified by the Native American Legislative Liaison Committee to the Utah State
7110 Board of Education.
7111 (b) The Utah State Board of Education shall, by majority vote, within 60 days after
7112 receipt of the state plan under Subsection (2)(a), adopt, modify, or reject the state plan. If the
7113 Utah State Board of Education does not act within 60 days after receipt of the state plan, the
7114 state plan is considered adopted by the Utah State Board of Education.
7115 (3) The Native American Legislative Liaison Committee may prepare legislation to
7116 implement the state plan adopted under this section.
7117 Section 249. Section 53E-10-406, which is renumbered from Section 53A-31-302 is
7118 renumbered and amended to read:
7119 [
7120 (1) The Native American Legislative Liaison Committee may recommend to the Utah
7121 State Board of Education changes to the state plan adopted under Section [
7122 53E-10-405 to ensure that the state plan continues to meet the academic needs of the state's
7123 American Indian and Alaskan Native students.
7124 (2) The Native American Legislative Liaison Committee may recommend to the
7125 superintendent that the commission be reconstituted for an 18-month period if the Native
7126 American Legislative Liaison Committee determines that a substantial review of the state plan
7127 is necessary. If reconstituted under this Subsection (2), the commission shall comply with the
7128 requirements of [
7129 Section 250. Section 53E-10-407 is enacted to read:
7130 53E-10-407. Pilot program.
7131 Title 53F, Chapter 5, Part 6, American Indian and Alaskan Native Education State Plan
7132 Pilot Program, creates a program to address the needs of American Indian and Alaskan Native
7133 students.
7134 Section 251. Section 53E-10-501, which is renumbered from Section 53A-11-1502 is
7135 renumbered and amended to read:
7136
7137 [
7138 As used in this part:
7139 (1) "Commission" means the School Safety and Crisis Line Commission established in
7140 Section [
7141 (2) "University Neuropsychiatric Institute" means the mental health and substance
7142 abuse treatment institute within the University of Utah Hospitals and Clinics.
7143 Section 252. Section 53E-10-502, which is renumbered from Section 53A-11-1503 is
7144 renumbered and amended to read:
7145 [
7146 The University Neuropsychiatric Institute shall:
7147 (1) establish a School Safety and Crisis Line to provide:
7148 (a) a means for an individual to anonymously report:
7149 (i) unsafe, violent, or criminal activities, or the threat of such activities at or near a
7150 public school;
7151 (ii) incidents of bullying, cyber-bullying, harassment, or hazing; and
7152 (iii) incidents of physical or sexual abuse committed by a school employee or school
7153 volunteer; and
7154 (b) crisis intervention, including suicide prevention, to individuals experiencing
7155 emotional distress or psychiatric crisis;
7156 (2) provide the services described in Subsection (1) 24 hours a day, seven days a week;
7157 and
7158 (3) when necessary, or as required by law, promptly forward a report received under
7159 Subsection (1)(a) to appropriate:
7160 (a) school officials; and
7161 (b) law enforcement officials.
7162 Section 253. Section 53E-10-503, which is renumbered from Section 53A-11-1504 is
7163 renumbered and amended to read:
7164 [
7165 established -- Members.
7166 (1) There is created the School Safety and Crisis Line Commission composed of the
7167 following members:
7168 (a) one member who represents the Office of the Attorney General, appointed by the
7169 attorney general;
7170 (b) one member who represents the Utah Public Education System, appointed by the
7171 State Board of Education;
7172 (c) one member who represents the Utah System of Higher Education, appointed by the
7173 State Board of Regents;
7174 (d) one member who represents the Utah Department of Health, appointed by the
7175 executive director of the Department of Health;
7176 (e) one member of the House of Representatives, appointed by the speaker of the
7177 House of Representatives;
7178 (f) one member of the Senate, appointed by the president of the Senate;
7179 (g) one member who represents the University Neuropsychiatric Institute, appointed by
7180 the chair of the commission;
7181 (h) one member who represents law enforcement who has extensive experience in
7182 emergency response, appointed by the chair of the commission;
7183 (i) one member who represents the Utah Department of Human Services who has
7184 experience in youth services or treatment services, appointed by the executive director of the
7185 Department of Human Services; and
7186 (j) two members of the public, appointed by the chair of the commission.
7187 (2) (a) Except as provided in Subsection (2)(b), members of the commission shall be
7188 appointed to four-year terms.
7189 (b) The length of the terms of the members shall be staggered so that approximately
7190 half of the committee is appointed every two years.
7191 (c) When a vacancy occurs in the membership of the commission, the replacement
7192 shall be appointed for the unexpired term.
7193 (3) (a) The attorney general's designee shall serve as chair of the commission.
7194 (b) The chair shall set the agenda for commission meetings.
7195 (4) Attendance of a simple majority of the members constitutes a quorum for the
7196 transaction of official commission business.
7197 (5) Formal action by the commission requires a majority vote of a quorum.
7198 (6) (a) Except as provided in Subsection (6)(b), a member may not receive
7199 compensation, benefits, per diem, or travel expenses for the member's service.
7200 (b) Compensation and expenses of a member who is a legislator are governed by
7201 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
7202 (7) The Office of the Attorney General shall provide staff support to the commission.
7203 Section 254. Section 53E-10-504, which is renumbered from Section 53A-11-1505 is
7204 renumbered and amended to read:
7205 [
7206 duties.
7207 The commission shall coordinate:
7208 (1) statewide efforts related to the School Safety and Crisis Line; and
7209 (2) with the State Board of Education and the State Board of Regents to promote
7210 awareness of the services available through the School Safety and Crisis Line.
7211 Section 255. Section 53E-10-505, which is renumbered from Section 53A-11-1506 is
7212 renumbered and amended to read:
7213 [
7214 education to update policies and promote awareness.
7215 (1) The State Board of Education shall:
7216 (a) revise the conduct and discipline policy models, described in Section [
7217 53G-8-202, to include procedures for responding to reports received under Subsection
7218 [
7219 (b) revise the curriculum developed by the State Board of Education for the parent
7220 seminar, described in Section [
7221 School Safety and Crisis Line.
7222 (2) A local school board or charter school governing board shall:
7223 (a) revise the conduct and discipline policies, described in Section [
7224 53G-8-203, to include procedures for responding to reports received under Subsection
7225 [
7226 (b) inform students, parents, and school personnel about the School Safety and Crisis
7227 Line.
7228 Section 256. Section 53E-10-601, which is renumbered from Section 53A-15-1002 is
7229 renumbered and amended to read:
7230
7231 [
7232 As used in this part:
7233 (1) "Board" means the State Board of Education.
7234 (2) "Electronic High School" means a rigorous program offering grade 9 - 12 level
7235 online courses and coordinated by the board.
7236 (3) "Home-schooled student" means a student:
7237 (a) attends a home school;
7238 (b) is exempt from school attendance pursuant to Section [
7239 and
7240 (c) attends no more than two regularly scheduled classes or courses in a public school
7241 per semester.
7242 (4) "Open-entry, open-exit" means:
7243 (a) a method of instructional delivery that allows for flexible scheduling in response to
7244 individual student needs or requirements and demonstrated competency when knowledge and
7245 skills have been mastered; and
7246 (b) students have the flexibility to begin or end study at any time, progress through
7247 course material at their own pace, and demonstrate competency when knowledge and skills
7248 have been mastered.
7249 Section 257. Section 53E-10-602, which is renumbered from Section 53A-15-1002.5 is
7250 renumbered and amended to read:
7251 [
7252 The Electronic High School is created:
7253 (1) to provide an opportunity for a student who has failed a course to retake the course
7254 and earn course credit;
7255 (2) to allow a student to complete high school graduation requirements and exit high
7256 school early;
7257 (3) to allow a student to take a course online so that the student has greater flexibility
7258 in scheduling courses during the regular school day; and
7259 (4) to allow a home-schooled or private school student in Utah to take a course that
7260 meets the Utah high school core standards for Utah public schools.
7261 Section 258. Section 53E-10-603, which is renumbered from Section 53A-15-1003 is
7262 renumbered and amended to read:
7263 [
7264 (1) The Electronic High School may only offer courses required for high school
7265 graduation or that fulfill course requirements established by the State Board of Education.
7266 (2) The Electronic High School shall:
7267 (a) offer courses in an open-entry, open-exit format; and
7268 (b) offer courses that are in conformance with the core standards for Utah public
7269 schools established by the board.
7270 (3) Public schools shall:
7271 (a) accept all credits awarded to students by the Electronic High School; and
7272 (b) apply credits awarded for a course described in Subsection (2)(b) toward the
7273 fulfillment of course requirements.
7274 Section 259. Section 53E-10-604, which is renumbered from Section 53A-15-1004 is
7275 renumbered and amended to read:
7276 [
7277 (1) Utah students at any age or in any grade may enroll in Electronic High School
7278 courses.
7279 (2) The Electronic High School shall accept students into courses on a first-come
7280 first-served basis.
7281 Section 260. Section 53E-10-605, which is renumbered from Section 53A-15-1005 is
7282 renumbered and amended to read:
7283 [
7284 Students with disabilities who may need additional services or resources and who seek
7285 to enroll in Electronic High School classes may request appropriate accommodations through
7286 the students' assigned schools or school districts.
7287 Section 261. Section 53E-10-606, which is renumbered from Section 53A-15-1006 is
7288 renumbered and amended to read:
7289 [
7290 (1) Electronic High School courses are provided to students who are Utah residents, as
7291 defined in Section [
7292 (2) Nonresident students may enroll in Electronic High School courses for a fee set by
7293 the board, provided that the course can accommodate additional students.
7294 Section 262. Section 53E-10-607, which is renumbered from Section 53A-15-1007 is
7295 renumbered and amended to read:
7296 [
7297 The Electronic High School may award a diploma to a student that meets any of the
7298 following criteria upon the student's completion of high school graduation requirements set by
7299 the board:
7300 (1) a home-schooled student;
7301 (2) a student who has dropped out of school and whose original high school class has
7302 graduated; or
7303 (3) a student who is identified by the student's resident school district as ineligible for
7304 graduation from a traditional high school program for specific reasons.
7305 Section 263. Section 53E-10-608, which is renumbered from Section 53A-15-1008 is
7306 renumbered and amended to read:
7307 [
7308 (1) The legislative auditor general shall conduct a performance audit of the Electronic
7309 High School as directed by the Legislative Audit Subcommittee.
7310 (2) In conducting the performance audit of the Electronic High School, the legislative
7311 auditor general shall develop performance metrics using factors such as:
7312 (a) course completion rate;
7313 (b) number of credits earned; and
7314 (c) cost of providing online courses.
7315 (3) The legislative auditor general shall use the performance metrics developed under
7316 Subsection (2) to evaluate the Electronic High School in comparison with other online
7317 programs.
7318 Section 264. Section 53E-10-609, which is renumbered from Section 53A-17a-131.15
7319 is renumbered and amended to read:
7320 [
7321 School.
7322 Money appropriated to the State Board of Education for the Electronic High School
7323 shall be distributed to the school according to rules established by the board in accordance with
7324 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
7325 Section 265. Effective date.
7326 If approved by two-thirds of all the members elected to each house, this bill takes effect
7327 upon approval by the governor, or the day following the constitutional time limit of Utah
7328 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
7329 the date of veto override.
7330 Section 266. Revisor instructions.
7331 The Legislature intends that the Office of Legislative Research and General Counsel, in
7332 preparing the Utah Code database for publication, not enroll this bill if any of the following
7333 bills do not pass:
7334 (1) H.B. 11, Public Education Recodification - Funding;
7335 (2) S.B. 11, Public Education Recodification - Local System; or
7336 (3) S.B. 12, Public Education Recodification - Cross References and Repeals.
Legislative Review Note
Office of Legislative Research and General Counsel