1     
PUBLIC EDUCATION RECODIFICATION - LOCAL

2     
ADMINISTRATION

3     
2018 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Ann Millner

6     
House Sponsor: Val L. Peterson

7     

8     LONG TITLE
9     General Description:
10           This bill reorganizes and renumbers certain provisions of the public education code
11     related to local administration of the public education system.
12     Highlighted Provisions:
13          This bill:
14          ▸     reorganizes and renumbers certain provisions of the public education code related to
15     local administration of the public education system;
16          ▸     defines terms;
17          ▸     enacts provisions related to public education for organizational purposes;
18          ▸     reenacts provisions related to public education for organizational purposes;
19          ▸     repeals provisions related to public education for organizational purposes; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          This bill provides a special effective date.
25          This bill provides revisor instructions.
26     Utah Code Sections Affected:
27     ENACTS:
28          53B-1-115, Utah Code Annotated 1953
29          53G-1-101, Utah Code Annotated 1953

30          53G-1-102, Utah Code Annotated 1953
31          53G-1-103, Utah Code Annotated 1953
32          53G-2-101, Utah Code Annotated 1953
33          53G-2-102, Utah Code Annotated 1953
34          53G-3-101, Utah Code Annotated 1953
35          53G-4-101, Utah Code Annotated 1953
36          53G-4-102, Utah Code Annotated 1953
37          53G-4-501, Utah Code Annotated 1953
38          53G-4-601, Utah Code Annotated 1953
39          53G-4-701, Utah Code Annotated 1953
40          53G-4-1001, Utah Code Annotated 1953
41          53G-5-101, Utah Code Annotated 1953
42          53G-5-103, Utah Code Annotated 1953
43          53G-5-411, Utah Code Annotated 1953
44          53G-5-412, Utah Code Annotated 1953
45          53G-5-413, Utah Code Annotated 1953
46          53G-6-101, Utah Code Annotated 1953
47          53G-6-102, Utah Code Annotated 1953
48          53G-6-301, Utah Code Annotated 1953
49          53G-6-501, Utah Code Annotated 1953
50          53G-6-701, Utah Code Annotated 1953
51          53G-7-101, Utah Code Annotated 1953
52          53G-7-102, Utah Code Annotated 1953
53          53G-7-201, Utah Code Annotated 1953
54          53G-7-202, Utah Code Annotated 1953
55          53G-7-301, Utah Code Annotated 1953
56          53G-7-501, Utah Code Annotated 1953
57          53G-7-1001, Utah Code Annotated 1953

58          53G-7-1201, Utah Code Annotated 1953
59          53G-8-101, Utah Code Annotated 1953
60          53G-8-102, Utah Code Annotated 1953
61          53G-8-201, Utah Code Annotated 1953
62          53G-8-401, Utah Code Annotated 1953
63          53G-8-601, Utah Code Annotated 1953
64          53G-9-101, Utah Code Annotated 1953
65          53G-9-102, Utah Code Annotated 1953
66          53G-9-201, Utah Code Annotated 1953
67          53G-9-401, Utah Code Annotated 1953
68          53G-9-501, Utah Code Annotated 1953
69          53G-9-701, Utah Code Annotated 1953
70          53G-10-101, Utah Code Annotated 1953
71          53G-10-102, Utah Code Annotated 1953
72          53G-10-201, Utah Code Annotated 1953
73          53G-10-301, Utah Code Annotated 1953
74          53G-10-305, Utah Code Annotated 1953
75          53G-10-401, Utah Code Annotated 1953
76          53G-10-403, Utah Code Annotated 1953
77          53G-10-501, Utah Code Annotated 1953
78          53G-11-101, Utah Code Annotated 1953
79          53G-11-102, Utah Code Annotated 1953
80          53G-11-201, Utah Code Annotated 1953
81          53G-11-301, Utah Code Annotated 1953
82          53G-11-502, Utah Code Annotated 1953
83     RENUMBERS AND AMENDS:
84          11-36a-206, (Renumbered from 53A-20-100.5, as enacted by Laws of Utah 1995,
85     Chapter 283)

86          53G-3-102, (Renumbered from 53A-2-112, as enacted by Laws of Utah 1988, Chapter
87     49)
88          53G-3-103, (Renumbered from 53A-2-111, as enacted by Laws of Utah 1988, Chapter
89     49)
90          53G-3-201, (Renumbered from 53A-2-101, as enacted by Laws of Utah 1988, Chapter
91     2)
92          53G-3-202, (Renumbered from 53A-2-108, as last amended by Laws of Utah 2000,
93     Chapter 185)
94          53G-3-203, (Renumbered from 53A-2-101.5, as last amended by Laws of Utah 2009,
95     Chapter 350)
96          53G-3-204, (Renumbered from 53A-2-123, as last amended by Laws of Utah 2013,
97     Chapter 445)
98          53G-3-205, (Renumbered from 53A-2-116, as enacted by Laws of Utah 1988, Chapter
99     49)
100          53G-3-301, (Renumbered from 53A-2-118, as last amended by Laws of Utah 2017,
101     Chapter 91)
102          53G-3-302, (Renumbered from 53A-2-118.1, as last amended by Laws of Utah 2017,
103     Chapter 91)
104          53G-3-303, (Renumbered from 53A-2-118.2, as last amended by Laws of Utah 2011,
105     Chapter 371)
106          53G-3-304, (Renumbered from 53A-2-118.4, as last amended by Laws of Utah 2015,
107     Chapter 428)
108          53G-3-305, (Renumbered from 53A-2-119, as last amended by Laws of Utah 2010,
109     Chapter 230)
110          53G-3-306, (Renumbered from 53A-2-120, as last amended by Laws of Utah 2011,
111     Chapter 295)
112          53G-3-307, (Renumbered from 53A-2-121, as last amended by Laws of Utah 2011,
113     Chapter 295)

114          53G-3-308, (Renumbered from 53A-2-122, as last amended by Laws of Utah 2006,
115     Chapter 183)
116          53G-3-401, (Renumbered from 53A-2-102, as last amended by Laws of Utah 1993,
117     Chapter 227)
118          53G-3-402, (Renumbered from 53A-2-103, as last amended by Laws of Utah 2008,
119     Chapter 236)
120          53G-3-403, (Renumbered from 53A-2-113, as last amended by Laws of Utah 1993,
121     Chapter 4)
122          53G-3-404, (Renumbered from 53A-2-114, as last amended by Laws of Utah 2011,
123     Chapter 371)
124          53G-3-501, (Renumbered from 53A-2-104, as last amended by Laws of Utah 2007,
125     Chapter 215)
126          53G-3-502, (Renumbered from 53A-2-105, as last amended by Laws of Utah 2007,
127     Chapter 215)
128          53G-3-503, (Renumbered from 53A-2-115, as last amended by Laws of Utah 2011,
129     Chapter 371)
130          53G-4-201, (Renumbered from 53A-3-101, as repealed and reenacted by Laws of Utah
131     1995, Chapter 1)
132          53G-4-202, (Renumbered from 53A-3-106, as last amended by Laws of Utah 2015,
133     Chapters 60 and 196)
134          53G-4-203, (Renumbered from 53A-3-201, as last amended by Laws of Utah 2005,
135     Chapter 172)
136          53G-4-204, (Renumbered from 53A-3-202, as last amended by Laws of Utah 2010,
137     Chapter 90)
138          53G-4-205, (Renumbered from 53A-3-204, as last amended by Laws of Utah 2011,
139     Chapter 366)
140          53G-4-301, (Renumbered from 53A-3-301, as last amended by Laws of Utah 2011,
141     Chapters 209 and 322)

142          53G-4-302, (Renumbered from 53A-3-302, as last amended by Laws of Utah 2012,
143     Chapter 46)
144          53G-4-303, (Renumbered from 53A-3-303, as last amended by Laws of Utah 2008,
145     Chapter 382)
146          53G-4-304, (Renumbered from 53A-3-304, as last amended by Laws of Utah 2011,
147     Chapter 336)
148          53G-4-401, (Renumbered from 53A-3-401, as last amended by Laws of Utah 2014,
149     Chapter 336)
150          53G-4-402, (Renumbered from 53A-3-402, as last amended by Laws of Utah 2017,
151     Chapters 278 and 330)
152          53G-4-403, (Renumbered from 53A-3-403, as last amended by Laws of Utah 2017,
153     Chapter 372)
154          53G-4-404, (Renumbered from 53A-3-404, as last amended by Laws of Utah 2004,
155     Chapter 206)
156          53G-4-405, (Renumbered from 53A-3-405, as enacted by Laws of Utah 1988, Chapter
157     2)
158          53G-4-406, (Renumbered from 53A-3-406, as enacted by Laws of Utah 1988, Chapter
159     2)
160          53G-4-407, (Renumbered from 53A-3-408, as enacted by Laws of Utah 1988, Chapter
161     2)
162          53G-4-408, (Renumbered from 53A-3-412, as enacted by Laws of Utah 1988, Chapter
163     2)
164          53G-4-409, (Renumbered from 53A-3-420, as last amended by Laws of Utah 2010,
165     Chapter 305)
166          53G-4-410, (Renumbered from 53A-3-429, as last amended by Laws of Utah 2014,
167     Chapter 63)
168          53G-4-411, (Renumbered from 53A-3-432, as enacted by Laws of Utah 2015, Chapter
169     300 and last amended by Coordination Clause, Laws of Utah 2015, Chapter 300)

170          53G-4-502, (Renumbered from 53A-5-101, as last amended by Laws of Utah 1990,
171     Chapter 78)
172          53G-4-503, (Renumbered from 53A-5-102, as enacted by Laws of Utah 1988, Chapter
173     2)
174          53G-4-504, (Renumbered from 53A-5-103, as enacted by Laws of Utah 1988, Chapter
175     2)
176          53G-4-602, (Renumbered from 53A-18-101, as last amended by Laws of Utah 2005,
177     Chapter 105)
178          53G-4-603, (Renumbered from 53A-18-102, as last amended by Laws of Utah 2014,
179     Chapter 325)
180          53G-4-604, (Renumbered from 53A-18-103, as enacted by Laws of Utah 1988, Chapter
181     2)
182          53G-4-605, (Renumbered from 53A-18-104, as last amended by Laws of Utah 2009,
183     Chapter 388)
184          53G-4-606, (Renumbered from 53A-18-105, as enacted by Laws of Utah 1988, Chapter
185     2)
186          53G-4-607, (Renumbered from 53A-18-106, as last amended by Laws of Utah 1993,
187     Chapter 227)
188          53G-4-608, (Renumbered from 53A-18-107, as enacted by Laws of Utah 2013, Chapter
189     356)
190          53G-4-702, (Renumbered from 53A-23-101, as enacted by Laws of Utah 1988, Chapter
191     2)
192          53G-4-703, (Renumbered from 53A-23-102, as enacted by Laws of Utah 1988, Chapter
193     2)
194          53G-4-704, (Renumbered from 53A-23-103, as enacted by Laws of Utah 1988, Chapter
195     2)
196          53G-4-705, (Renumbered from 53A-23-104, as enacted by Laws of Utah 1988, Chapter
197     2)

198          53G-4-801, (Renumbered from 53A-28-102, as enacted by Laws of Utah 1996, Chapter
199     62)
200          53G-4-802, (Renumbered from 53A-28-201, as enacted by Laws of Utah 1996, Chapter
201     62)
202          53G-4-803, (Renumbered from 53A-28-202, as enacted by Laws of Utah 1996, Chapter
203     62)
204          53G-4-804, (Renumbered from 53A-28-203, as last amended by Laws of Utah 2003,
205     Chapter 221)
206          53G-4-805, (Renumbered from 53A-28-301, as last amended by Laws of Utah 2011,
207     Chapter 342)
208          53G-4-806, (Renumbered from 53A-28-302, as last amended by Laws of Utah 2011,
209     Chapter 342)
210          53G-4-807, (Renumbered from 53A-28-401, as last amended by Laws of Utah 2011,
211     Chapter 342)
212          53G-4-808, (Renumbered from 53A-28-402, as last amended by Laws of Utah 2011,
213     Chapter 342)
214          53G-4-901, (Renumbered from 53A-2-402, as last amended by Laws of Utah 2015,
215     Chapter 352)
216          53G-4-902, (Renumbered from 53A-2-403, as last amended by Laws of Utah 2012,
217     Chapter 104)
218          53G-4-903, (Renumbered from 53A-2-404, as enacted by Laws of Utah 2006, Chapter
219     339)
220          53G-4-1001.5, (Renumbered from 53A-22-101, as enacted by Laws of Utah 1988,
221     Chapter 2)
222          53G-4-1002, (Renumbered from 53A-22-102, as enacted by Laws of Utah 1988,
223     Chapter 2)
224          53G-4-1003, (Renumbered from 53A-22-103, as enacted by Laws of Utah 1988,
225     Chapter 2)

226          53G-4-1004, (Renumbered from 53A-22-104, as enacted by Laws of Utah 1988,
227     Chapter 2)
228          53G-4-1005, (Renumbered from 53A-22-105, as enacted by Laws of Utah 1988,
229     Chapter 2)
230          53G-4-1006, (Renumbered from 53A-22-106, as enacted by Laws of Utah 1988,
231     Chapter 2)
232          53G-5-102, (Renumbered from 53A-1a-501.3, as last amended by Laws of Utah 2017,
233     Chapter 382)
234          53G-5-104, (Renumbered from 53A-1a-503, as last amended by Laws of Utah 2008,
235     Chapter 319)
236          53G-5-201, (Renumbered from 53A-1a-501.5, as last amended by Laws of Utah 2011,
237     Chapter 429)
238          53G-5-202, (Renumbered from 53A-1a-501.6, as last amended by Laws of Utah 2014,
239     Chapter 363)
240          53G-5-203, (Renumbered from 53A-1a-501.7, as last amended by Laws of Utah 2016,
241     Chapters 144 and 271)
242          53G-5-204, (Renumbered from 53A-1a-507.1, as enacted by Laws of Utah 2005,
243     Chapter 74)
244          53G-5-301, (Renumbered from 53A-1a-501.9, as enacted by Laws of Utah 2013,
245     Chapter 376)
246          53G-5-302, (Renumbered from 53A-1a-504, as last amended by Laws of Utah 2017,
247     Chapters 325 and 378)
248          53G-5-303, (Renumbered from 53A-1a-508, as last amended by Laws of Utah 2017,
249     Chapter 212)
250          53G-5-304, (Renumbered from 53A-1a-505, as last amended by Laws of Utah 2014,
251     Chapter 363)
252          53G-5-305, (Renumbered from 53A-1a-515, as last amended by Laws of Utah 2014,
253     Chapter 363)

254          53G-5-306, (Renumbered from 53A-1a-521, as last amended by Laws of Utah 2017,
255     Chapter 382)
256          53G-5-401, (Renumbered from 53A-1a-503.5, as last amended by Laws of Utah 2016,
257     Chapter 232)
258          53G-5-402, (Renumbered from 53A-1a-523, as enacted by Laws of Utah 2011, Chapter
259     436)
260          53G-5-403, (Renumbered from 53A-1a-517, as last amended by Laws of Utah 2014,
261     Chapter 363)
262          53G-5-404, (Renumbered from 53A-1a-507, as last amended by Laws of Utah 2014,
263     Chapter 363)
264          53G-5-405, (Renumbered from 53A-1a-511, as last amended by Laws of Utah 2016,
265     Chapters 355 and 363)
266          53G-5-406, (Renumbered from 53A-1a-520, as last amended by Laws of Utah 2014,
267     Chapter 363)
268          53G-5-407, (Renumbered from 53A-1a-512, as last amended by Laws of Utah 2014,
269     Chapter 363)
270          53G-5-408, (Renumbered from 53A-1a-512.5, as last amended by Laws of Utah 2015,
271     Chapter 389)
272          53G-5-409, (Renumbered from 53A-1a-518, as last amended by Laws of Utah 2010,
273     Chapter 162)
274          53G-5-410, (Renumbered from 53A-1a-524, as last amended by Laws of Utah 2016,
275     Chapter 220)
276          53G-5-501, (Renumbered from 53A-1a-509, as last amended by Laws of Utah 2014,
277     Chapter 363)
278          53G-5-502, (Renumbered from 53A-1a-509.5, as last amended by Laws of Utah 2016,
279     Chapter 363)
280          53G-5-503, (Renumbered from 53A-1a-510, as last amended by Laws of Utah 2017,
281     Chapter 378)

282          53G-5-504, (Renumbered from 53A-1a-510.5, as last amended by Laws of Utah 2016,
283     Chapter 213)
284          53G-5-505, (Renumbered from 53A-1a-514, as last amended by Laws of Utah 2014,
285     Chapter 363)
286          53G-5-601, (Renumbered from 53A-20b-102, as last amended by Laws of Utah 2012,
287     Chapter 201)
288          53G-5-602, (Renumbered from 53A-20b-103, as last amended by Laws of Utah 2012,
289     Chapter 201)
290          53G-5-603, (Renumbered from 53A-20b-104, as last amended by Laws of Utah 2012,
291     Chapter 201)
292          53G-5-604, (Renumbered from 53A-20b-105, as last amended by Laws of Utah 2012,
293     Chapter 201)
294          53G-5-605, (Renumbered from 53A-20b-106, as enacted by Laws of Utah 2007,
295     Chapter 167)
296          53G-5-606, (Renumbered from 53A-20b-201, as last amended by Laws of Utah 2014,
297     Chapter 363)
298          53G-5-607, (Renumbered from 53A-20b-202, as enacted by Laws of Utah 2012,
299     Chapter 201)
300          53G-5-608, (Renumbered from 53A-20b-203, as enacted by Laws of Utah 2012,
301     Chapter 201)
302          53G-5-609, (Renumbered from 53A-20b-204, as enacted by Laws of Utah 2012,
303     Chapter 201)
304          53G-6-201, (Renumbered from 53A-11-101, as last amended by Laws of Utah 2007,
305     Chapter 81)
306          53G-6-202, (Renumbered from 53A-11-101.5, as last amended by Laws of Utah 2012,
307     Chapter 203)
308          53G-6-203, (Renumbered from 53A-11-101.7, as last amended by Laws of Utah 2017,
309     Chapter 330)

310          53G-6-204, (Renumbered from 53A-11-102, as last amended by Laws of Utah 2014,
311     Chapter 374)
312          53G-6-205, (Renumbered from 53A-11-101.3, as enacted by Laws of Utah 2007,
313     Chapter 81)
314          53G-6-206, (Renumbered from 53A-11-103, as last amended by Laws of Utah 2017,
315     Chapter 330)
316          53G-6-207, (Renumbered from 53A-11-104, as last amended by Laws of Utah 2007,
317     Chapter 81)
318          53G-6-208, (Renumbered from 53A-11-105, as last amended by Laws of Utah 2017,
319     Chapter 330)
320          53G-6-209, (Renumbered from 53A-11-106, as last amended by Laws of Utah 2007,
321     Chapter 81)
322          53G-6-302, (Renumbered from 53A-2-201, as last amended by Laws of Utah 2017,
323     Chapter 175)
324          53G-6-303, (Renumbered from 53A-2-202, as last amended by Laws of Utah 1998,
325     Chapter 263)
326          53G-6-304, (Renumbered from 53A-2-203.5, as enacted by Laws of Utah 1998,
327     Chapter 124)
328          53G-6-305, (Renumbered from 53A-2-204, as last amended by Laws of Utah 2017,
329     Chapter 316)
330          53G-6-306, (Renumbered from 53A-2-205, as enacted by Laws of Utah 1988, Chapter
331     2)
332          53G-6-401, (Renumbered from 53A-2-206.5, as last amended by Laws of Utah 2012,
333     Chapter 67)
334          53G-6-402, (Renumbered from 53A-2-207, as last amended by Laws of Utah 2012,
335     Chapter 67)
336          53G-6-403, (Renumbered from 53A-2-208, as last amended by Laws of Utah 2008,
337     Chapter 346)

338          53G-6-404, (Renumbered from 53A-2-209, as repealed and reenacted by Laws of Utah
339     1993, Chapter 119)
340          53G-6-405, (Renumbered from 53A-2-210, as last amended by Laws of Utah 2008,
341     Chapter 346)
342          53G-6-406, (Renumbered from 53A-2-211, as last amended by Laws of Utah 1993,
343     Chapter 119)
344          53G-6-407, (Renumbered from 53A-2-213, as last amended by Laws of Utah 2008,
345     Chapter 346)
346          53G-6-502, (Renumbered from 53A-1a-506, as last amended by Laws of Utah 2017,
347     Chapters 87 and 212)
348          53G-6-503, (Renumbered from 53A-1a-506.5, as last amended by Laws of Utah 2014,
349     Chapter 363)
350          53G-6-504, (Renumbered from 53A-1a-502.5, as last amended by Laws of Utah 2016,
351     Chapter 213)
352          53G-6-601, (Renumbered from 53A-11-501, as last amended by Laws of Utah 1998,
353     Chapter 263)
354          53G-6-602, (Renumbered from 53A-11-502, as last amended by Laws of Utah 1998,
355     Chapter 263)
356          53G-6-603, (Renumbered from 53A-11-503, as last amended by Laws of Utah 1993,
357     Chapter 234)
358          53G-6-604, (Renumbered from 53A-11-504, as last amended by Laws of Utah 2017,
359     Chapter 278)
360          53G-6-702, (Renumbered from 53A-11-102.5, as last amended by Laws of Utah 2010,
361     Chapter 210)
362          53G-6-703, (Renumbered from 53A-11-102.6, as last amended by Laws of Utah 2011,
363     Chapter 340)
364          53G-6-704, (Renumbered from 53A-1a-519, as last amended by Laws of Utah 2011,
365     Chapter 433)

366          53G-6-705, (Renumbered from 53A-2-214, as last amended by Laws of Utah 2017,
367     Chapter 173)
368          53G-6-706, (Renumbered from 53A-11-102.7, as enacted by Laws of Utah 2014,
369     Chapter 374)
370          53G-6-707, (Renumbered from 53A-2-206, as last amended by Laws of Utah 2012,
371     Chapter 398)
372          53G-6-708, (Renumbered from 53A-17a-114, as last amended by Laws of Utah 2017,
373     Chapter 382)
374          53G-6-801, (Renumbered from 53A-15-1401, as last amended by Laws of Utah 2015,
375     Chapter 444)
376          53G-6-802, (Renumbered from 53A-15-1402, as last amended by Laws of Utah 2015,
377     Chapter 444)
378          53G-6-803, (Renumbered from 53A-15-1403, as last amended by Laws of Utah 2015,
379     Chapter 444)
380          53G-7-203, (Renumbered from 53A-3-402.7, as enacted by Laws of Utah 1993,
381     Chapter 122)
382          53G-7-204, (Renumbered from 53A-3-402.1, as enacted by Laws of Utah 1999,
383     Chapter 268)
384          53G-7-205, (Renumbered from 53A-3-402.9, as last amended by Laws of Utah 2016,
385     Chapter 144)
386          53G-7-206, (Renumbered from 53A-13-108.5, as last amended by Laws of Utah 2015,
387     Chapter 415)
388          53G-7-207, (Renumbered from 53A-11-901.5, as renumbered and amended by Laws of
389     Utah 1997, Chapter 10)
390          53G-7-208, (Renumbered from 53A-3-409, as last amended by Laws of Utah 2015,
391     Chapter 286)
392          53G-7-209, (Renumbered from 53A-3-413, as last amended by Laws of Utah 2015,
393     Chapters 232 and 342)

394          53G-7-210, (Renumbered from 53A-3-414, as last amended by Laws of Utah 2015,
395     Chapter 232)
396          53G-7-211, (Renumbered from 53A-3-407, as enacted by Laws of Utah 1988, Chapter
397     2)
398          53G-7-212, (Renumbered from 53A-3-402.5, as repealed and reenacted by Laws of
399     Utah 1993, Chapter 1)
400          53G-7-213, (Renumbered from 53A-3-417, as last amended by Laws of Utah 2004,
401     Chapter 171)
402          53G-7-214, (Renumbered from 53A-3-427, as last amended by Laws of Utah 2013,
403     Chapter 214)
404          53G-7-215, (Renumbered from 53A-1-409, as last amended by Laws of Utah 2016,
405     Chapter 347)
406          53G-7-216, (Renumbered from 53A-1-706, as last amended by Laws of Utah 2016,
407     Chapter 220)
408          53G-7-302, (Renumbered from 53A-19-101, as last amended by Laws of Utah 2016,
409     Chapter 363)
410          53G-7-303, (Renumbered from 53A-19-102, as last amended by Laws of Utah 2016,
411     Chapter 363)
412          53G-7-304, (Renumbered from 53A-19-103, as enacted by Laws of Utah 1988, Chapter
413     2)
414          53G-7-305, (Renumbered from 53A-19-104, as last amended by Laws of Utah 2016,
415     Chapter 363)
416          53G-7-306, (Renumbered from 53A-19-105, as last amended by Laws of Utah 2016,
417     Chapters 350 and 367)
418          53G-7-307, (Renumbered from 53A-19-106, as last amended by Laws of Utah 2016,
419     Chapter 363)
420          53G-7-308, (Renumbered from 53A-19-107, as enacted by Laws of Utah 1988, Chapter
421     2)

422          53G-7-309, (Renumbered from 53A-19-108, as last amended by Laws of Utah 2016,
423     Chapter 363)
424          53G-7-401, (Renumbered from 53A-30-102, as enacted by Laws of Utah 2014, Chapter
425     433)
426          53G-7-402, (Renumbered from 53A-30-103, as enacted by Laws of Utah 2014, Chapter
427     433)
428          53G-7-502, (Renumbered from 53A-12-101, as enacted by Laws of Utah 1988, Chapter
429     2)
430          53G-7-503, (Renumbered from 53A-12-102, as last amended by Laws of Utah 2015,
431     Chapter 258)
432          53G-7-504, (Renumbered from 53A-12-103, as last amended by Laws of Utah 2008,
433     Chapter 382)
434          53G-7-505, (Renumbered from 53A-12-104, as enacted by Laws of Utah 1988, Chapter
435     2)
436          53G-7-601, (Renumbered from 53A-12-202, as enacted by Laws of Utah 1988, Chapter
437     2)
438          53G-7-602, (Renumbered from 53A-12-201, as enacted by Laws of Utah 1988, Chapter
439     2)
440          53G-7-603, (Renumbered from 53A-12-204, as last amended by Laws of Utah 2002,
441     Chapter 299)
442          53G-7-604, (Renumbered from 53A-12-205, as enacted by Laws of Utah 1988, Chapter
443     2)
444          53G-7-605, (Renumbered from 53A-12-206, as enacted by Laws of Utah 1988, Chapter
445     2)
446          53G-7-606, (Renumbered from 53A-12-207, as last amended by Laws of Utah 2010,
447     Chapter 305)
448          53G-7-701, (Renumbered from 53A-11-1202, as last amended by Laws of Utah 2011,
449     Chapter 403)

450          53G-7-702, (Renumbered from 53A-11-1203, as last amended by Laws of Utah 2011,
451     Chapter 403)
452          53G-7-703, (Renumbered from 53A-11-1204, as enacted by Laws of Utah 2007,
453     Chapter 114)
454          53G-7-704, (Renumbered from 53A-11-1205, as enacted by Laws of Utah 2007,
455     Chapter 114)
456          53G-7-705, (Renumbered from 53A-11-1206, as last amended by Laws of Utah 2011,
457     Chapter 403)
458          53G-7-706, (Renumbered from 53A-11-1207, as enacted by Laws of Utah 2007,
459     Chapter 114)
460          53G-7-707, (Renumbered from 53A-11-1208, as last amended by Laws of Utah 2011,
461     Chapter 403)
462          53G-7-708, (Renumbered from 53A-11-1209, as enacted by Laws of Utah 2007,
463     Chapter 114)
464          53G-7-709, (Renumbered from 53A-11-1210, as enacted by Laws of Utah 2007,
465     Chapter 114)
466          53G-7-710, (Renumbered from 53A-11-1211, as last amended by Laws of Utah 2011,
467     Chapter 403)
468          53G-7-711, (Renumbered from 53A-11-1212, as last amended by Laws of Utah 2011,
469     Chapter 403)
470          53G-7-712, (Renumbered from 53A-11-1213, as enacted by Laws of Utah 2007,
471     Chapter 114)
472          53G-7-713, (Renumbered from 53A-11-1214, as enacted by Laws of Utah 2007,
473     Chapter 114)
474          53G-7-801, (Renumbered from 53A-15-1101, as enacted by Laws of Utah 2006,
475     Chapter 190)
476          53G-7-802, (Renumbered from 53A-15-1102, as enacted by Laws of Utah 2006,
477     Chapter 190)

478          53G-7-803, (Renumbered from 53A-15-1103, as enacted by Laws of Utah 2006,
479     Chapter 190)
480          53G-7-901, (Renumbered from 53A-29-101, as enacted by Laws of Utah 1996, Chapter
481     73)
482          53G-7-902, (Renumbered from 53A-29-102, as enacted by Laws of Utah 1996, Chapter
483     73)
484          53G-7-903, (Renumbered from 53A-29-103, as last amended by Laws of Utah 2008,
485     Chapter 250)
486          53G-7-904, (Renumbered from 53A-29-104, as last amended by Laws of Utah 2015,
487     Chapter 389)
488          53G-7-905, (Renumbered from 53A-29-105, as enacted by Laws of Utah 1996, Chapter
489     73)
490          53G-7-1002, (Renumbered from 53A-3-422, as last amended by Laws of Utah 2002,
491     Chapter 301)
492          53G-7-1003, (Renumbered from 53A-3-423, as enacted by Laws of Utah 2001, Chapter
493     172)
494          53G-7-1004, (Renumbered from 53A-3-424, as last amended by Laws of Utah 2016,
495     Chapter 144)
496          53G-7-1101, (Renumbered from 53A-1-1601, as enacted by Laws of Utah 2017,
497     Chapter 196)
498          53G-7-1102, (Renumbered from 53A-1-1602, as enacted by Laws of Utah 2017,
499     Chapter 196)
500          53G-7-1103, (Renumbered from 53A-1-1603, as enacted by Laws of Utah 2017,
501     Chapter 196)
502          53G-7-1104, (Renumbered from 53A-1-1604, as enacted by Laws of Utah 2017,
503     Chapter 196)
504          53G-7-1105, (Renumbered from 53A-1-1605, as enacted by Laws of Utah 2017,
505     Chapter 196)

506          53G-7-1106, (Renumbered from 53A-1-1606, as enacted by Laws of Utah 2017,
507     Chapter 196)
508          53G-7-1202, (Renumbered from 53A-1a-108, as last amended by Laws of Utah 2016,
509     Chapter 220)
510          53G-7-1203, (Renumbered from 53A-1a-108.1, as last amended by Laws of Utah 2015,
511     Chapter 276)
512          53G-7-1204, (Renumbered from 53A-1a-108.5, as last amended by Laws of Utah 2016,
513     Chapter 220)
514          53G-8-202, (Renumbered from 53A-11-901, as last amended by Laws of Utah 2017,
515     Chapter 330)
516          53G-8-203, (Renumbered from 53A-11-902, as last amended by Laws of Utah 2017,
517     Chapter 55)
518          53G-8-204, (Renumbered from 53A-11-903, as last amended by Laws of Utah 2007,
519     Chapter 161)
520          53G-8-205, (Renumbered from 53A-11-904, as last amended by Laws of Utah 2010,
521     Chapter 276)
522          53G-8-206, (Renumbered from 53A-11-905, as last amended by Laws of Utah 2007,
523     Chapter 161)
524          53G-8-207, (Renumbered from 53A-11-906, as last amended by Laws of Utah 2007,
525     Chapters 82 and 161)
526          53G-8-208, (Renumbered from 53A-11-907, as last amended by Laws of Utah 2007,
527     Chapter 161)
528          53G-8-209, (Renumbered from 53A-11-908, as last amended by Laws of Utah 2017,
529     Chapter 330)
530          53G-8-210, (Renumbered from 53A-11-910, as last amended by Laws of Utah 2017,
531     Chapter 330)
532          53G-8-211, (Renumbered from 53A-11-911, as enacted by Laws of Utah 2017, Chapter
533     330)

534          53G-8-212, (Renumbered from 53A-11-806, as last amended by Laws of Utah 2017,
535     Chapter 55)
536          53G-8-301, (Renumbered from 53A-11-801, as last amended by Laws of Utah 2017,
537     Chapter 55)
538          53G-8-302, (Renumbered from 53A-11-802, as last amended by Laws of Utah 2017,
539     Chapter 55)
540          53G-8-303, (Renumbered from 53A-11-803, as last amended by Laws of Utah 1994,
541     Chapter 260)
542          53G-8-304, (Renumbered from 53A-11-804, as enacted by Laws of Utah 1992, Chapter
543     251)
544          53G-8-305, (Renumbered from 53A-11-805, as enacted by Laws of Utah 1992, Chapter
545     251)
546          53G-8-402, (Renumbered from 53A-11-1001, as last amended by Laws of Utah 2008,
547     Chapter 3)
548          53G-8-403, (Renumbered from 53A-11-1002, as last amended by Laws of Utah 2004,
549     Chapter 102)
550          53G-8-404, (Renumbered from 53A-11-1003, as enacted by Laws of Utah 1994,
551     Chapter 256)
552          53G-8-405, (Renumbered from 53A-11-1004, as last amended by Laws of Utah 2008,
553     Chapter 3)
554          53G-8-501, (Renumbered from 53A-11-401, as last amended by Laws of Utah 1989,
555     Chapter 22)
556          53G-8-502, (Renumbered from 53A-11-402, as enacted by Laws of Utah 1988, Chapter
557     2)
558          53G-8-503, (Renumbered from 53A-11-403, as last amended by Laws of Utah 2017,
559     Chapter 330)
560          53G-8-504, (Renumbered from 53A-11-404, as enacted by Laws of Utah 1988, Chapter
561     2)

562          53G-8-505, (Renumbered from 53A-11-1301, as renumbered and amended by Laws of
563     Utah 2008, Chapter 3)
564          53G-8-506, (Renumbered from 53A-11-1302, as last amended by Laws of Utah 2017,
565     Chapter 330)
566          53G-8-507, (Renumbered from 53A-11-1303, as renumbered and amended by Laws of
567     Utah 2008, Chapter 3)
568          53G-8-508, (Renumbered from 53A-11-1304, as renumbered and amended by Laws of
569     Utah 2008, Chapter 3)
570          53G-8-509, (Renumbered from 53A-11-1305, as renumbered and amended by Laws of
571     Utah 2008, Chapter 3)
572          53G-8-510, (Renumbered from 53A-11-1101, as enacted by Laws of Utah 1994,
573     Chapter 256)
574          53G-8-602, (Renumbered from 53A-3-501, as last amended by Laws of Utah 1998,
575     Chapter 10)
576          53G-8-603, (Renumbered from 53A-3-503, as last amended by Laws of Utah 1990,
577     Chapter 78)
578          53G-8-604, (Renumbered from 53A-3-504, as enacted by Laws of Utah 1988, Chapter
579     140)
580          53G-8-701, (Renumbered from 53A-11-1602, as enacted by Laws of Utah 2016,
581     Chapter 165)
582          53G-8-702, (Renumbered from 53A-11-1603, as enacted by Laws of Utah 2016,
583     Chapter 165)
584          53G-8-703, (Renumbered from 53A-11-1604, as last amended by Laws of Utah 2017,
585     Chapter 330)
586          53G-9-202, (Renumbered from 53A-11-205, as enacted by Laws of Utah 2001, First
587     Special Session, Chapter 3)
588          53G-9-203, (Renumbered from 53A-11-605, as last amended by Laws of Utah 2013,
589     Chapter 335)

590          53G-9-204, (Renumbered from 53A-11-204, as last amended by Laws of Utah 2002,
591     Chapter 301)
592          53G-9-205, (Renumbered from 53A-19-301, as enacted by Laws of Utah 1996, Chapter
593     268)
594          53G-9-206, (Renumbered from 53A-13-103, as enacted by Laws of Utah 1988, Chapter
595     2)
596          53G-9-207, (Renumbered from 53A-13-112, as enacted by Laws of Utah 2014, Chapter
597     342)
598          53G-9-208, (Renumbered from 53A-11-606, as enacted by Laws of Utah 2017, Chapter
599     191)
600          53G-9-301 (Effective 07/01/18), (Renumbered from 53A-11-300.5 (Effective
601     07/01/18), as enacted by Laws of Utah 2017, Chapter 344)
602          53G-9-302 (Effective 07/01/18), (Renumbered from 53A-11-301 (Effective 07/01/18),
603     as repealed and reenacted by Laws of Utah 2017, Chapter 344)
604          53G-9-302 (Superseded 07/01/18), (Renumbered from 53A-11-301 (Superseded
605     07/01/18), as last amended by Laws of Utah 1992, Chapter 53)
606          53G-9-303 (Effective 07/01/18), (Renumbered from 53A-11-302 (Effective 07/01/18),
607     as repealed and reenacted by Laws of Utah 2017, Chapter 344)
608          53G-9-303 (Superseded 07/01/18), (Renumbered from 53A-11-302 (Superseded
609     07/01/18), as last amended by Laws of Utah 2017, Chapter 278)
610          53G-9-304 (Effective 07/01/18), (Renumbered from 53A-11-302.5 (Effective
611     07/01/18), as repealed and reenacted by Laws of Utah 2017, Chapter 344)
612          53G-9-304 (Superseded 07/01/18), (Renumbered from 53A-11-302.5 (Superseded
613     07/01/18), as enacted by Laws of Utah 1992, Chapter 129)
614          53G-9-305 (Effective 07/01/18), (Renumbered from 53A-11-303 (Effective 07/01/18),
615     as repealed and reenacted by Laws of Utah 2017, Chapter 344)
616          53G-9-305 (Superseded 07/01/18), (Renumbered from 53A-11-303 (Superseded
617     07/01/18), as enacted by Laws of Utah 1988, Chapter 2)

618          53G-9-306 (Effective 07/01/18), (Renumbered from 53A-11-304 (Effective 07/01/18),
619     as repealed and reenacted by Laws of Utah 2017, Chapter 344)
620          53G-9-306 (Superseded 07/01/18), (Renumbered from 53A-11-304 (Superseded
621     07/01/18), as enacted by Laws of Utah 1988, Chapter 2)
622          53G-9-307 (Repealed 07/01/18), (Renumbered from 53A-11-305 (Repealed 07/01/18),
623     as repealed by Laws of Utah 2017, Chapter 344)
624          53G-9-308 (Effective 07/01/18), (Renumbered from 53A-11-306 (Effective 07/01/18),
625     as repealed and reenacted by Laws of Utah 2017, Chapter 344)
626          53G-9-308 (Superseded 07/01/18), (Renumbered from 53A-11-306 (Superseded
627     07/01/18), as enacted by Laws of Utah 1988, Chapter 2)
628          53G-9-309 (Effective 07/01/18), (Renumbered from 53A-11-307 (Effective 07/01/18),
629     as enacted by Laws of Utah 2017, Chapter 344)
630          53G-9-402, (Renumbered from 53A-11-201, as last amended by Laws of Utah 1996,
631     Chapter 4)
632          53G-9-403, (Renumbered from 53A-11-202, as enacted by Laws of Utah 1988, Chapter
633     2)
634          53G-9-404, (Renumbered from 53A-11-203, as last amended by Laws of Utah 2016,
635     Chapter 271)
636          53G-9-502, (Renumbered from 53A-11-601, as last amended by Laws of Utah 2017,
637     Chapter 183)
638          53G-9-503, (Renumbered from 53A-11-602, as enacted by Laws of Utah 2004, Chapter
639     4)
640          53G-9-504, (Renumbered from 53A-11-603, as enacted by Laws of Utah 2006, Chapter
641     215)
642          53G-9-505, (Renumbered from 53A-11-603.5, as enacted by Laws of Utah 2016,
643     Chapter 423)
644          53G-9-506, (Renumbered from 53A-11-604, as enacted by Laws of Utah 2006, Chapter
645     215)

646          53G-9-601, (Renumbered from 53A-11a-102, as last amended by Laws of Utah 2017,
647     Chapters 170 and 213)
648          53G-9-602, (Renumbered from 53A-11a-201, as last amended by Laws of Utah 2017,
649     Chapter 213)
650          53G-9-603, (Renumbered from 53A-11a-202, as last amended by Laws of Utah 2017,
651     Chapter 213)
652          53G-9-604, (Renumbered from 53A-11a-203, as last amended by Laws of Utah 2017,
653     Chapters 30, 170, and 213)
654          53G-9-605, (Renumbered from 53A-11a-301, as last amended by Laws of Utah 2017,
655     Chapters 170 and 213)
656          53G-9-606, (Renumbered from 53A-11a-302, as last amended by Laws of Utah 2017,
657     Chapters 170 and 213)
658          53G-9-607, (Renumbered from 53A-11a-401, as last amended by Laws of Utah 2017,
659     Chapters 170, 213 and last amended by Coordination Clause, Laws of Utah 2017,
660     Chapter 213)
661          53G-9-608, (Renumbered from 53A-11a-402, as last amended by Laws of Utah 2017,
662     Chapters 170 and 213)
663          53G-9-702, (Renumbered from 53A-15-1301, as last amended by Laws of Utah 2016,
664     Chapter 144)
665          53G-9-703, (Renumbered from 53A-15-1302, as last amended by Laws of Utah 2015,
666     Chapters 85 and 442)
667          53G-9-704, (Renumbered from 53A-15-1304, as enacted by Laws of Utah 2017,
668     Chapter 378)
669          53G-9-801, (Renumbered from 53A-15-1902, as enacted by Laws of Utah 2016,
670     Chapter 320)
671          53G-9-802, (Renumbered from 53A-15-1903, as enacted by Laws of Utah 2016,
672     Chapter 320)
673          53G-9-803, (Renumbered from 53A-13-104, as last amended by Laws of Utah 2013,

674     Chapter 377)
675          53G-10-202, (Renumbered from 53A-13-101.1, as enacted by Laws of Utah 1993,
676     Chapter 95)
677          53G-10-203, (Renumbered from 53A-13-101.3, as enacted by Laws of Utah 1993,
678     Chapter 95)
679          53G-10-204, (Renumbered from 53A-13-109, as last amended by Laws of Utah 2014,
680     Chapter 387)
681          53G-10-205, (Renumbered from 53A-13-101.2, as last amended by Laws of Utah 2015,
682     Chapter 91)
683          53G-10-302, (Renumbered from 53A-13-101.4, as last amended by Laws of Utah 2011,
684     Chapter 298)
685          53G-10-303, (Renumbered from 53A-13-101.5, as last amended by Laws of Utah 2017,
686     Chapter 382)
687          53G-10-304, (Renumbered from 53A-13-101.6, as last amended by Laws of Utah 2012,
688     Chapter 426)
689          53G-10-402, (Renumbered from 53A-13-101, as last amended by Laws of Utah 2017,
690     Chapter 162)
691          53G-10-404, (Renumbered from 53A-13-107, as last amended by Laws of Utah 2010,
692     Chapter 305)
693          53G-10-405, (Renumbered from 53A-13-102, as last amended by Laws of Utah 2002,
694     Fifth Special Session, Chapter 8)
695          53G-10-406, (Renumbered from 53A-13-113, as enacted by Laws of Utah 2017,
696     Chapter 455)
697          53G-10-502, (Renumbered from 53A-13-201, as last amended by Laws of Utah 2008,
698     Chapter 382)
699          53G-10-503, (Renumbered from 53A-13-202, as last amended by Laws of Utah 2003,
700     Chapter 23)
701          53G-10-504, (Renumbered from 53A-13-203, as enacted by Laws of Utah 1988,

702     Chapter 2)
703          53G-10-505, (Renumbered from 53A-13-204, as last amended by Laws of Utah 2003,
704     Chapter 23)
705          53G-10-506, (Renumbered from 53A-13-205, as enacted by Laws of Utah 1988,
706     Chapter 2)
707          53G-10-507, (Renumbered from 53A-13-208, as last amended by Laws of Utah 2016,
708     Chapter 144)
709          53G-10-508, (Renumbered from 53A-13-209, as last amended by Laws of Utah 2008,
710     Chapter 382)
711          53G-11-202, (Renumbered from 53A-3-411, as last amended by Laws of Utah 2005,
712     Chapter 285)
713          53G-11-203, (Renumbered from 53A-3-431, as enacted by Laws of Utah 2012, Chapter
714     127)
715          53G-11-204, (Renumbered from 53A-19-401, as enacted by Laws of Utah 2015,
716     Chapter 399)
717          53G-11-205, (Renumbered from 53A-3-426, as enacted by Laws of Utah 2007, Chapter
718     88)
719          53G-11-206, (Renumbered from 53A-3-425, as last amended by Laws of Utah 2013,
720     Chapter 278)
721          53G-11-207, (Renumbered from 53A-3-428, as enacted by Laws of Utah 2009, Chapter
722     392)
723          53G-11-302, (Renumbered from 53A-17a-140, as last amended by Laws of Utah 2017,
724     Chapter 173)
725          53G-11-303, (Renumbered from 53A-3-701, as last amended by Laws of Utah 2015,
726     Chapter 415)
727          53G-11-401, (Renumbered from 53A-15-1502, as last amended by Laws of Utah 2016,
728     Chapter 44)
729          53G-11-402, (Renumbered from 53A-15-1503, as last amended by Laws of Utah 2016,

730     Chapter 44)
731          53G-11-403, (Renumbered from 53A-15-1504, as last amended by Laws of Utah 2016,
732     Chapters 44 and 348)
733          53G-11-404, (Renumbered from 53A-15-1505, as enacted by Laws of Utah 2015,
734     Chapter 389)
735          53G-11-405, (Renumbered from 53A-15-1506, as enacted by Laws of Utah 2015,
736     Chapter 389)
737          53G-11-406, (Renumbered from 53A-15-1507, as enacted by Laws of Utah 2015,
738     Chapter 389)
739          53G-11-407, (Renumbered from 53A-15-1508, as last amended by Laws of Utah 2016,
740     Chapter 348)
741          53G-11-408, (Renumbered from 53A-15-1509, as last amended by Laws of Utah 2016,
742     Chapter 348)
743          53G-11-409, (Renumbered from 53A-15-1510, as enacted by Laws of Utah 2015,
744     Chapter 389)
745          53G-11-410, (Renumbered from 53A-15-1511, as enacted by Laws of Utah 2016,
746     Chapter 199)
747          53G-11-501, (Renumbered from 53A-8a-102, as last amended by Laws of Utah 2017,
748     Chapter 328)
749          53G-11-501.5, (Renumbered from 53A-8a-401, as last amended by Laws of Utah 2017,
750     Chapter 328)
751          53G-11-503, (Renumbered from 53A-8a-201, as renumbered and amended by Laws of
752     Utah 2012, Chapter 425)
753          53G-11-504, (Renumbered from 53A-8a-301, as last amended by Laws of Utah 2017,
754     Chapter 328)
755          53G-11-505, (Renumbered from 53A-8a-302, as last amended by Laws of Utah 2017,
756     Chapter 328)
757          53G-11-506, (Renumbered from 53A-8a-403, as last amended by Laws of Utah 2017,

758     Chapter 328)
759          53G-11-507, (Renumbered from 53A-8a-405, as last amended by Laws of Utah 2017,
760     Chapter 328)
761          53G-11-508, (Renumbered from 53A-8a-406, as last amended by Laws of Utah 2017,
762     Chapter 328)
763          53G-11-509, (Renumbered from 53A-8a-408, as renumbered and amended by Laws of
764     Utah 2012, Chapter 425)
765          53G-11-510, (Renumbered from 53A-8a-409, as last amended by Laws of Utah 2017,
766     Chapter 328)
767          53G-11-511, (Renumbered from 53A-8a-410, as last amended by Laws of Utah 2017,
768     Chapter 328)
769          53G-11-512, (Renumbered from 53A-8a-501, as last amended by Laws of Utah 2015,
770     Chapter 203)
771          53G-11-513, (Renumbered from 53A-8a-502, as renumbered and amended by Laws of
772     Utah 2012, Chapter 425)
773          53G-11-514, (Renumbered from 53A-8a-503, as enacted by Laws of Utah 2012,
774     Chapter 425)
775          53G-11-515, (Renumbered from 53A-8a-504, as renumbered and amended by Laws of
776     Utah 2012, Chapter 425)
777          53G-11-516, (Renumbered from 53A-8a-505, as renumbered and amended by Laws of
778     Utah 2012, Chapter 425)
779          53G-11-517, (Renumbered from 53A-8a-506, as enacted by Laws of Utah 2012,
780     Chapter 425)
781          53G-11-518, (Renumbered from 53A-8a-601, as last amended by Laws of Utah 2016,
782     Chapter 204)
783     REPEALS:
784          53A-2-117, as last amended by Laws of Utah 2017, Chapter 91
785          53A-3-415, as last amended by Laws of Utah 1991, Chapter 72

786          53A-8a-402, as last amended by Laws of Utah 2017, Chapter 328
787     

788     Be it enacted by the Legislature of the state of Utah:
789          Section 1. Section 11-36a-206, which is renumbered from Section 53A-20-100.5 is
790     renumbered and amended to read:
791          [53A-20-100.5].      11-36a-206. Prohibition of school impact fees.
792          (1) As used in this section, "school impact fee" means a charge on new development in
793     order to generate revenue for funding or recouping the costs of capital improvements for
794     schools or school facility expansions necessitated by and attributable to the new development.
795          (2) Beginning March 21, 1995, there is a moratorium prohibiting a county, city, town,
796     local school board, or any other political subdivision from imposing or collecting a school
797     impact fee unless hereafter authorized by the Legislature by statute.
798          (3) Collection of any fees authorized before March 21, 1995, by any ordinance,
799     resolution or rule of any county, city, town, local school board, or other political subdivision
800     shall terminate on May 1, 1996, unless hereafter authorized by the Legislature by statute.
801          Section 2. Section 53B-1-115 is enacted to read:
802          53B-1-115. Purchases of educational technology.
803          (1) A college of education shall comply with Title 63G, Chapter 6a, Utah Procurement
804     Code, in purchasing technology.
805          (2) A college of education may purchase technology through cooperative purchasing
806     contracts administered by the state Division of Purchasing or through the college of education's
807     own established purchasing program.
808          Section 3. Section 53G-1-101 is enacted to read:
809     
TITLE 53G. PUBLIC EDUCATION SYSTEM -- LOCAL ADMINISTRATION

810     
CHAPTER 1. TITLE PROVISIONS

811          53G-1-101. Title.
812          (1) This title is known as "Public Education System -- Local Administration."
813          (2) This chapter is known as "Title Provisions."

814          Section 4. Section 53G-1-102 is enacted to read:
815          53G-1-102. Public education code definitions.
816          The terms defined in Section 53E-1-102 apply to this title.
817          Section 5. Section 53G-1-103 is enacted to read:
818          53G-1-103. Title 53G definitions.
819          Reserved
820          Section 6. Section 53G-2-101 is enacted to read:
821     
CHAPTER 2. LOCAL PUBLIC EDUCATION SYSTEM POLICY

822     
Part 1. General Provisions

823          53G-2-101. Title.
824          This chapter is known as "Local Public Education System Policy."
825          Section 7. Section 53G-2-102 is enacted to read:
826          53G-2-102. Definitions.
827          Reserved
828          Section 8. Section 53G-3-101 is enacted to read:
829     
CHAPTER 3. SCHOOL DISTRICT CREATION AND CHANGE

830     
Part 1. General Provisions

831          53G-3-101. Title.
832          This chapter is known as "School District Creation and Change."
833          Section 9. Section 53G-3-102, which is renumbered from Section 53A-2-112 is
834     renumbered and amended to read:
835          [53A-2-112].      53G-3-102. Definitions.
836          As used in [Sections 53A-2-113 through 53A-2-116] this chapter:
837          (1) "Allocation date" means:
838          (a) June 20 of the second calendar year after the local school board general election
839     date described in Subsection 53G-3-302(3)(a)(i); or
840          (b) another date that the transition teams under Section 53G-3-302 mutually agree to.
841          (2) "Canvass date" means the date of the canvass of an election under Subsection

842     53G-3-301(5) at which voters approve the creation of a new school district under Section
843     53G-3-302.
844          [(1)] (3) "Consolidation" means the merger of two or more school districts into a single
845     administrative unit.
846          (4) "Creation election date" means the date of the election under Subsection
847     53G-3-301(9) at which voters approve the creation of a new school district under Section
848     53G-3-302.
849          (5) "Divided school district," "existing district," or "existing school district" means a
850     school district from which a new district is created.
851          (6) "New district" or "new school district" means a school district created under
852     Section 53G-3-301 or 53G-3-302.
853          (7) "Remaining district" or "remaining school district" means an existing district after
854     the creation of a new district.
855          [(2)] (8) "Restructuring" means the transfer of territory from one school district to
856     another school district.
857          Section 10. Section 53G-3-103, which is renumbered from Section 53A-2-111 is
858     renumbered and amended to read:
859          [53A-2-111].      53G-3-103. Legislative findings.
860          The Legislature finds that restructuring and consolidation of school districts may
861     provide long-term educational and financial benefits, but that short-term costs and other
862     problems may make it difficult for school officials to move forward with such plans. The
863     Legislature therefore adopts Sections [53A-2-111 through 53A-2-116] 53G-3-102, 53G-3-103,
864     53G-3-205, 53G-3-403, 53G-3-404, and 53G-3-503 to assist the public school system to create
865     more efficient and effective administrative units.
866          Section 11. Section 53G-3-201, which is renumbered from Section 53A-2-101 is
867     renumbered and amended to read:
868          [53A-2-101].      53G-3-201. School districts.
869          School districts may be created, merged, dissolved, or their boundaries changed only as

870     provided in this chapter.
871          Section 12. Section 53G-3-202, which is renumbered from Section 53A-2-108 is
872     renumbered and amended to read:
873          [53A-2-108].      53G-3-202. School districts independent of municipal and
874     county governments -- School district name -- Control of property.
875          (1) (a) Each school district shall be controlled by its board of education and shall be
876     independent of municipal and county governments.
877          (b) The name of each school district created after May 1, 2000 shall comply with
878     Subsection 17-50-103(2)(a).
879          (2) The local school board shall have direction and control of all school property in the
880     district.
881          Section 13. Section 53G-3-203, which is renumbered from Section 53A-2-101.5 is
882     renumbered and amended to read:
883          [53A-2-101.5].      53G-3-203. Filing of notice and plat relating to school
884     district boundary changes including creation, consolidation, division, or dissolution --
885     Recording requirements -- Effective date.
886          (1) The county legislative body shall:
887          (a) within 30 days after the creation, consolidation, division, or dissolution of a school
888     district, file with the lieutenant governor:
889          (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5,
890     that meets the requirements of Subsection 67-1a-6.5(3); and
891          (ii) except in the case of a dissolution, a copy of an approved final local entity plat, as
892     defined in Section 67-1a-6.5; and
893          (b) upon the lieutenant governor's issuance of a certificate of boundary action under
894     Section 67-1a-6.5:
895          (i) if the school district is or, in the case of dissolution, was located within the
896     boundary of a single county, submit to the recorder of that county:
897          (A) the original:

898          (I) notice of an impending boundary action;
899          (II) certificate of boundary action; and
900          (III) except in the case of dissolution, approved final local entity plat; and
901          (B) if applicable, a certified copy of the resolution approving the boundary action; or
902          (ii) if the school district is or, in the case of a dissolution, was located within the
903     boundaries of more than a single county:
904          (A) submit to the recorder of one of those counties:
905          (I) the original of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III); and
906          (II) if applicable, a certified copy of the resolution approving the boundary action; and
907          (B) submit to the recorder of each other county:
908          (I) a certified copy of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III);
909     and
910          (II) if applicable, a certified copy of the resolution approving the boundary action.
911          (2) (a) Upon the lieutenant governor's issuance of the certificate under Section
912     67-1a-6.5, the creation, consolidation, division, dissolution, or other change affecting the
913     boundary of a new or existing school district that was the subject of the action has legal effect.
914          (b) (i) As used in this Subsection (2)(b), "affected area" means:
915          (A) in the case of the creation of a school district, the area within the school district's
916     boundary;
917          (B) in the case of the consolidation of multiple school districts, the area within the
918     boundary of each school district that is consolidated into another school district;
919          (C) in the case of the division of a school district, the area within the boundary of the
920     school district created by the division; and
921          (D) in the case of an addition to an existing school district, the area added to the school
922     district.
923          (ii) The effective date of a boundary action, as defined in Section 17-23-20, for
924     purposes of assessing property within the school district is governed by Section 59-2-305.5.
925          (iii) Until the documents listed in Subsection (1)(b) are recorded in the office of the

926     recorder of each county in which the property is located, a school district may not levy or
927     collect a property tax on property within the affected area.
928          Section 14. Section 53G-3-204, which is renumbered from Section 53A-2-123 is
929     renumbered and amended to read:
930          [53A-2-123].      53G-3-204. Notice before preparing or amending a
931     long-range plan or acquiring certain property.
932          (1) As used in this section:
933          (a) "Affected entity" means each county, municipality, local district under Title 17B,
934     Limited Purpose Local Government Entities - Local Districts, special service district under
935     Title 17D, Chapter 1, Special Service District Act, interlocal cooperation entity established
936     under Title 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
937          (i) whose services or facilities are likely to require expansion or significant
938     modification because of an intended use of land; or
939          (ii) that has filed with the school district a copy of the general or long-range plan of the
940     county, municipality, local district, special service district, school district, interlocal
941     cooperation entity, or specified public utility.
942          (b) "Specified public utility" means an electrical corporation, gas corporation, or
943     telephone corporation, as those terms are defined in Section 54-2-1.
944          (2) (a) If a school district located in a county of the first or second class prepares a
945     long-range plan regarding its facilities proposed for the future or amends an already existing
946     long-range plan, the school district shall, before preparing a long-range plan or amendments to
947     an existing long-range plan, provide written notice, as provided in this section, of its intent to
948     prepare a long-range plan or to amend an existing long-range plan.
949          (b) Each notice under Subsection (2)(a) shall:
950          (i) indicate that the school district intends to prepare a long-range plan or to amend a
951     long-range plan, as the case may be;
952          (ii) describe or provide a map of the geographic area that will be affected by the
953     long-range plan or amendments to a long-range plan;

954          (iii) be:
955          (A) sent to each county in whose unincorporated area and each municipality in whose
956     boundaries is located the land on which the proposed long-range plan or amendments to a
957     long-range plan are expected to indicate that the proposed facilities will be located;
958          (B) sent to each affected entity;
959          (C) sent to the Automated Geographic Reference Center created in Section 63F-1-506;
960          (D) sent to each association of governments, established pursuant to an interlocal
961     agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or
962     municipality described in Subsection (2)(b)(iii)(A) is a member; and
963          (E) placed on the Utah Public Notice Website created under Section 63F-1-701;
964          (iv) with respect to the notice to counties and municipalities described in Subsection
965     (2)(b)(iii)(A) and affected entities, invite them to provide information for the school district to
966     consider in the process of preparing, adopting, and implementing the long-range plan or
967     amendments to a long-range plan concerning:
968          (A) impacts that the use of land proposed in the proposed long-range plan or
969     amendments to a long-range plan may have on the county, municipality, or affected entity; and
970          (B) uses of land that the county, municipality, or affected entity is planning or
971     considering that may conflict with the proposed long-range plan or amendments to a long-range
972     plan; and
973          (v) include the address of an Internet website, if the school district has one, and the
974     name and telephone number of a person where more information can be obtained concerning
975     the school district's proposed long-range plan or amendments to a long-range plan.
976          (3) (a) Except as provided in Subsection (3)(d), each school district intending to
977     acquire real property in a county of the first or second class for the purpose of expanding the
978     district's infrastructure or other facilities shall provide written notice, as provided in this
979     Subsection (3), of its intent to acquire the property if the intended use of the property is
980     contrary to:
981          (i) the anticipated use of the property under the county or municipality's general plan;

982     or
983          (ii) the property's current zoning designation.
984          (b) Each notice under Subsection (3)(a) shall:
985          (i) indicate that the school district intends to acquire real property;
986          (ii) identify the real property; and
987          (iii) be sent to:
988          (A) each county in whose unincorporated area and each municipality in whose
989     boundaries the property is located; and
990          (B) each affected entity.
991          (c) A notice under this Subsection (3) is a protected record as provided in Subsection
992     63G-2-305(8).
993          (d) (i) The notice requirement of Subsection (3)(a) does not apply if the school district
994     previously provided notice under Subsection (2) identifying the general location within the
995     municipality or unincorporated part of the county where the property to be acquired is located.
996          (ii) If a school district is not required to comply with the notice requirement of
997     Subsection (3)(a) because of application of Subsection (3)(d)(i), the school district shall
998     provide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of
999     the real property.
1000          Section 15. Section 53G-3-205, which is renumbered from Section 53A-2-116 is
1001     renumbered and amended to read:
1002          [53A-2-116].      53G-3-205. Rights of transferred employees -- Salary during
1003     first year -- Leave and tenure benefits.
1004          (1) If a school employee is transferred from one district to another because of district
1005     consolidation or restructuring, the employee's salary may not be less, during the first year after
1006     the transfer, than it would have been had the transfer not taken place.
1007          (2) The district to which an employee is transferred under Subsection (1) shall credit
1008     the employee with all accumulated leave and tenure recognized by the district from which the
1009     employee was transferred.

1010          (3) If the district to which an employee is transferred does not have a leave benefit
1011     which reasonably corresponds to one the employee seeks to transfer, that district shall
1012     compensate the employee for the benefit on the same basis as would have been done had the
1013     employee retired.
1014          Section 16. Section 53G-3-301, which is renumbered from Section 53A-2-118 is
1015     renumbered and amended to read:
1016     
Part 3. Creating a New School District

1017          [53A-2-118].      53G-3-301. Creation of new school district -- Initiation of
1018     process -- Procedures to be followed.
1019          (1) A new school district may be created from one or more existing school districts, as
1020     provided in this section.
1021          (2) The process to create a new school district may be initiated:
1022          (a) through a citizens' initiative petition;
1023          (b) at the request of the board of the existing district or districts to be affected by the
1024     creation of the new district; or
1025          (c) at the request of a city within the boundaries of the school district or at the request
1026     of interlocal agreement participants, pursuant to Section [53A-2-118.1] 53G-3-302.
1027          (3) (a) An initiative petition submitted under Subsection (2)(a) shall be signed by
1028     qualified electors residing within the geographical boundaries of the proposed new school
1029     district in an amount equal to at least 15% of all votes cast within the geographic boundaries of
1030     the proposed new school district for all candidates for president of the United States at the last
1031     regular general election at which a president of the United States was elected.
1032          (b) Each request or petition submitted under Subsection (2) shall:
1033          (i) be filed with the clerk of each county in which any part of the proposed new school
1034     district is located;
1035          (ii) indicate the typed or printed name and current residence address of each governing
1036     board member making a request, or registered voter signing a petition, as the case may be;
1037          (iii) describe the proposed new school district boundaries; and

1038          (iv) designate up to five signers of the petition or request as sponsors, one of whom
1039     shall be designated as the contact sponsor, with the mailing address and telephone number of
1040     each.
1041          (c) The process described in Subsection (2)(a) may only be initiated once during any
1042     four-year period.
1043          (d) A new district may not be formed under Subsection (2) if the student population of
1044     the proposed new district is less than 3,000 or the existing district's student population would
1045     be less than 3,000 because of the creation of the new school district.
1046          (4) A signer of a petition described in Subsection (2)(a) may withdraw or, once
1047     withdrawn, reinstate the signer's signature at any time before the filing of the petition by filing
1048     a written request for withdrawal or reinstatement with the county clerk.
1049          (5) Within 45 days after the day on which a petition described in Subsection (2)(a) is
1050     filed, or five business days after the day on which a request described in Subsection (2)(b) or
1051     (c) is filed, the clerk of each county with which the request or petition is filed shall:
1052          (a) determine whether the request or petition complies with Subsections (2) and (3), as
1053     applicable; and
1054          (b) (i) if the county clerk determines that the request or petition complies with the
1055     applicable requirements:
1056          (A) certify the request or petition and deliver the certified request or petition to the
1057     county legislative body; and
1058          (B) mail or deliver written notification of the certification to the contact sponsor; or
1059          (ii) if the county clerk determines that the request or petition fails to comply with any
1060     of the applicable requirements, reject the request or petition and notify the contact sponsor in
1061     writing of the rejection and reasons for the rejection.
1062          (6) (a) If the county clerk fails to certify or reject a request or petition within the time
1063     specified in Subsection (5), the request or petition is considered to be certified.
1064          (b) (i) If the county clerk rejects a request or petition, the person that submitted the
1065     request or petition may amend the request or petition to correct the deficiencies for which the

1066     request or petition was rejected, and refile the request or petition.
1067          (ii) Subsection (3)(c) does not apply to a request or petition that is amended and refiled
1068     after having been rejected by a county clerk.
1069          (c) If, on or before December 1, a county legislative body receives a request from a
1070     school board under Subsection (2)(b) or a petition under Subsection (2)(a) that is certified by
1071     the county clerk:
1072          (i) the county legislative body shall appoint an ad hoc advisory committee, as provided
1073     in Subsection (7), on or before January 1;
1074          (ii) the ad hoc advisory committee shall submit its report and recommendations to the
1075     county legislative body, as provided in Subsection (7), on or before July 1; and
1076          (iii) if the legislative body of each county with which a request or petition is filed
1077     approves a proposal to create a new district, each legislative body shall submit the proposal to
1078     the respective county clerk to be voted on by the electors of each existing district at the regular
1079     general or municipal general election held in November.
1080          (7) (a) The legislative body of each county with which a request or petition is filed
1081     shall appoint an ad hoc advisory committee to review and make recommendations on a request
1082     for the creation of a new school district submitted under Subsection (2)(a) or (b).
1083          (b) The advisory committee shall:
1084          (i) seek input from:
1085          (A) those requesting the creation of the new school district;
1086          (B) the school board and school personnel of each existing school district;
1087          (C) those citizens residing within the geographical boundaries of each existing school
1088     district;
1089          (D) the State Board of Education; and
1090          (E) other interested parties;
1091          (ii) review data and gather information on at least:
1092          (A) the financial viability of the proposed new school district;
1093          (B) the proposal's financial impact on each existing school district;

1094          (C) the exact placement of school district boundaries; and
1095          (D) the positive and negative effects of creating a new school district and whether the
1096     positive effects outweigh the negative if a new school district were to be created; and
1097          (iii) make a report to the county legislative body in a public meeting on the committee's
1098     activities, together with a recommendation on whether to create a new school district.
1099          (8) For a request or petition submitted under Subsection (2)(a) or (b):
1100          (a) The county legislative body shall provide for a 45-day public comment period on
1101     the report and recommendation to begin on the day the report is given under Subsection
1102     (7)(b)(iii).
1103          (b) Within 14 days after the end of the comment period, the legislative body of each
1104     county with which a request or petition is filed shall vote on the creation of the proposed new
1105     school district.
1106          (c) The proposal is approved if a majority of the members of the legislative body of
1107     each county with which a request or petition is filed votes in favor of the proposal.
1108          (d) If the proposal is approved, the legislative body of each county with which a
1109     request or petition is filed shall submit the proposal to the county clerk to be voted on:
1110          (i) by the legal voters of each existing school district affected by the proposal;
1111          (ii) in accordance with the procedures and requirements applicable to a regular general
1112     election under Title 20A, Election Code; and
1113          (iii) at the next regular general election or municipal general election, whichever is
1114     first.
1115          (e) Creation of the new school district shall occur if a majority of the electors within
1116     both the proposed school district and each remaining school district voting on the proposal vote
1117     in favor of the creation of the new district.
1118          (f) Each county legislative body shall comply with the requirements of Section
1119     [53A-2-101.5] 53G-3-203.
1120          (g) If a proposal submitted under Subsection (2)(a) or (b) to create a new district is
1121     approved by the electors, the existing district's documented costs to study and implement the

1122     proposal shall be reimbursed by the new district.
1123          (9) (a) If a proposal submitted under Subsection (2)(c) is certified under Subsection (5)
1124     or (6)(a), the legislative body of each county in which part of the proposed new school district
1125     is located shall submit the proposal to the respective clerk of each county to be voted on:
1126          (i) by the legal voters residing within the proposed new school district boundaries;
1127          (ii) in accordance with the procedures and requirements applicable to a regular general
1128     election under Title 20A, Election Code; and
1129          (iii) at the next regular general election or municipal general election, whichever is
1130     first.
1131          (b) (i) If a majority of the legal voters within the proposed new school district
1132     boundaries voting on the proposal at an election under Subsection (9)(a) vote in favor of the
1133     creation of the new district:
1134          (A) each county legislative body shall comply with the requirements of Section
1135     [53A-2-101.5] 53G-3-203; and
1136          (B) upon the lieutenant governor's issuance of the certificate under Section 67-1a-6.5,
1137     the new district is created.
1138          (ii) Notwithstanding the creation of a new district as provided in Subsection
1139     (9)(b)(i)(B):
1140          (A) a new school district may not begin to provide educational services to the area
1141     within the new district until July 1 of the second calendar year following the school board
1142     general election date described in Subsection [53A-2-118.1] 53G-3-302(3)(a)(i);
1143          (B) a remaining district may not begin to provide educational services to the area
1144     within the remaining district until the time specified in Subsection (9)(b)(ii)(A); and
1145          (C) each existing district shall continue, until the time specified in Subsection
1146     (9)(b)(ii)(A), to provide educational services within the entire area covered by the existing
1147     district.
1148          Section 17. Section 53G-3-302, which is renumbered from Section 53A-2-118.1 is
1149     renumbered and amended to read:

1150          [53A-2-118.1].      53G-3-302. Proposal initiated by a city or by interlocal
1151     agreement participants to create a school district -- Boundaries -- Election of local school
1152     board members -- Allocation of assets and liabilities -- Startup costs -- Transfer of title.
1153          (1) (a) After conducting a feasibility study, a city with a population of at least 50,000,
1154     as determined by the lieutenant governor using the process described in Subsection 67-1a-2(3),
1155     may by majority vote of the legislative body, submit for voter approval a measure to create a
1156     new school district with boundaries contiguous with that city's boundaries, in accordance with
1157     Section [53A-2-118] 53G-3-301.
1158          (b) (i) The determination of all matters relating to the scope, adequacy, and other
1159     aspects of a feasibility study under Subsection (1)(a) is within the exclusive discretion of the
1160     city's legislative body.
1161          (ii) An inadequacy of a feasibility study under Subsection (1)(a) may not be the basis of
1162     a legal action or other challenge to:
1163          (A) an election for voter approval of the creation of a new school district; or
1164          (B) the creation of the new school district.
1165          (2) (a) By majority vote of the legislative body, a city of any class, a town, or a county,
1166     may, together with one or more other cities, towns, or the county enter into an interlocal
1167     agreement, in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, for the purpose
1168     of submitting for voter approval a measure to create a new school district.
1169          (b) (i) In accordance with Section [53A-2-118] 53G-3-301, interlocal agreement
1170     participants under Subsection (2)(a) may submit a proposal for voter approval if:
1171          (A) the interlocal agreement participants conduct a feasibility study prior to submitting
1172     the proposal to the county;
1173          (B) the combined population within the proposed new school district boundaries is at
1174     least 50,000;
1175          (C) the new school district boundaries:
1176          (I) are contiguous;
1177          (II) do not completely surround or otherwise completely geographically isolate a

1178     portion of an existing school district that is not part of the proposed new school district from
1179     the remaining part of that existing school district, except as provided in Subsection (2)(d)(iii);
1180          (III) include the entire boundaries of each participant city or town, except as provided
1181     in Subsection (2)(d)(ii); and
1182          (IV) subject to Subsection (2)(b)(ii), do not cross county lines; and
1183          (D) the combined population within the proposed new school district of interlocal
1184     agreement participants that have entered into an interlocal agreement proposing to create a new
1185     school district is at least 80% of the total population of the proposed new school district.
1186          (ii) The determination of all matters relating to the scope, adequacy, and other aspects
1187     of a feasibility study under Subsection (2)(b)(i)(A), including whether to conduct a new
1188     feasibility study or revise a previous feasibility study due to a change in the proposed new
1189     school district boundaries, is within the exclusive discretion of the legislative bodies of the
1190     interlocal agreement participants that enter into an interlocal agreement to submit for voter
1191     approval a measure to create a new school district.
1192          (iii) An inadequacy of a feasibility study under Subsection (2)(b)(i)(A) may not be the
1193     basis of a legal action or other challenge to:
1194          (A) an election for voter approval of the creation of a new school district; or
1195          (B) the creation of the new school district.
1196          (iv) For purposes of determining whether the boundaries of a proposed new school
1197     district cross county lines under Subsection (2)(b)(i)(C)(IV):
1198          (A) a municipality located in more than one county and entirely within the boundaries
1199     of a single school district is considered to be entirely within the same county as other
1200     participants in an interlocal agreement under Subsection (2)(a) if more of the municipality's
1201     land area and population is located in that same county than outside the county; and
1202          (B) a municipality located in more than one county that participates in an interlocal
1203     agreement under Subsection (2)(a) with respect to some but not all of the area within the
1204     municipality's boundaries on the basis of the exception stated in Subsection (2)(d)(ii)(B) may
1205     not be considered to cross county lines.

1206          (c) (i) A county may only participate in an interlocal agreement under this Subsection
1207     (2) for the unincorporated areas of the county.
1208          (ii) Boundaries of a new school district created under this section may include:
1209          (A) a portion of one or more existing school districts; and
1210          (B) a portion of the unincorporated area of a county, including a portion of a township.
1211          (d) (i) As used in this Subsection (2)(d):
1212          (A) "Isolated area" means an area that:
1213          (I) is entirely within the boundaries of a municipality that, except for that area, is
1214     entirely within a school district different than the school district in which the area is located;
1215     and
1216          (II) would, because of the creation of a new school district from the existing district in
1217     which the area is located, become completely geographically isolated.
1218          (B) "Municipality's school district" means the school district that includes all of the
1219     municipality in which the isolated area is located except the isolated area.
1220          (ii) Notwithstanding Subsection (2)(b)(i)(C)(III), a municipality may be a participant in
1221     an interlocal agreement under Subsection (2)(a) with respect to some but not all of the area
1222     within the municipality's boundaries if:
1223          (A) the portion of the municipality proposed to be included in the new school district
1224     would, if not included, become an isolated area upon the creation of the new school district; or
1225          (B) (I) the portion of the municipality proposed to be included in the new school
1226     district is within the boundaries of the same school district that includes the other interlocal
1227     agreement participants; and
1228          (II) the portion of the municipality proposed to be excluded from the new school
1229     district is within the boundaries of a school district other than the school district that includes
1230     the other interlocal agreement participants.
1231          (iii) (A) Notwithstanding Subsection (2)(b)(i)(C)(II), a proposal to create a new school
1232     district may be submitted for voter approval pursuant to an interlocal agreement under
1233     Subsection (2)(a), even though the new school district boundaries would create an isolated

1234     area, if:
1235          (I) the potential isolated area is contiguous to one or more of the interlocal agreement
1236     participants;
1237          (II) the interlocal participants submit a written request to the municipality in which the
1238     potential isolated area is located, requesting the municipality to enter into an interlocal
1239     agreement under Subsection (2)(a) that proposes to submit for voter approval a measure to
1240     create a new school district that includes the potential isolated area; and
1241          (III) 90 days after a request under Subsection (2)(d)(iii)(A)(II) is submitted, the
1242     municipality has not entered into an interlocal agreement as requested in the request.
1243          (B) Each municipality receiving a request under Subsection (2)(d)(iii)(A)(II) shall hold
1244     one or more public hearings to allow input from the public and affected school districts
1245     regarding whether or not the municipality should enter into an interlocal agreement with
1246     respect to the potential isolated area.
1247          (C) (I) This Subsection (2)(d)(iii)(C) applies if:
1248          (Aa) a new school district is created under this section after a measure is submitted to
1249     voters based on the authority of Subsection (2)(d)(iii)(A); and
1250          (Bb) the creation of the new school district results in an isolated area.
1251          (II) The isolated area shall, on July 1 of the second calendar year following the local
1252     school board general election date described in Subsection (3)(a)(i), become part of the
1253     municipality's school district.
1254          (III) Unless the isolated area is the only remaining part of the existing district, the
1255     process described in Subsection (4) shall be modified to:
1256          (Aa) include a third transition team, appointed by the local school board of the
1257     municipality's school district, to represent that school district; and
1258          (Bb) require allocation of the existing district's assets and liabilities among the new
1259     district, the remaining district, and the municipality's school district.
1260          (IV) The existing district shall continue to provide educational services to the isolated
1261     area until July 1 of the second calendar year following the local school board general election

1262     date described in Subsection (3)(a)(i).
1263          (3) (a) If a proposal under this section is approved by voters:
1264          (i) an election shall be held at the next regular general election to elect:
1265          (A) members to the local school board of the existing school district whose terms are
1266     expiring;
1267          (B) all members to the local school board of the new school district; and
1268          (C) all members to the local school board of the remaining district;
1269          (ii) the assets and liabilities of the existing school district shall be divided between the
1270     remaining school district and the new school district as provided in Subsection (5) and Section
1271     [53A-2-121] 53G-3-307;
1272          (iii) transferred employees shall be treated in accordance with Sections [53A-2-116]
1273     53G-3-205 and [53A-2-122] 53G-3-308;
1274          (iv) (A) an individual residing within the boundaries of a new school district at the
1275     time the new school district is created may, for six school years after the creation of the new
1276     school district, elect to enroll in a secondary school located outside the boundaries of the new
1277     school district if:
1278          (I) the individual resides within the boundaries of that secondary school as of the day
1279     before the new school district is created; and
1280          (II) the individual would have been eligible to enroll in that secondary school had the
1281     new school district not been created; and
1282          (B) the school district in which the secondary school is located shall provide
1283     educational services, including, if provided before the creation of the new school district,
1284     busing, to each individual making an election under Subsection (3)(a)(iv)(A) for each school
1285     year for which the individual makes the election; and
1286          (v) within one year after the new district begins providing educational services, the
1287     superintendent of each remaining district affected and the superintendent of the new district
1288     shall meet, together with the Superintendent of Public Instruction, to determine if further
1289     boundary changes should be proposed in accordance with Section [53A-2-104] 53G-3-501.

1290          (b) (i) The terms of the initial members of the local school board of the new district and
1291     remaining district shall be staggered and adjusted by the county legislative body so that
1292     approximately half of the local school board is elected every two years.
1293          (ii) The term of a member of the existing local school board, including a member
1294     elected under Subsection (3)(a)(i)(A), terminates on July 1 of the second year after the local
1295     school board general election date described in Subsection (3)(a)(i), regardless of when the
1296     term would otherwise have terminated.
1297          (iii) Notwithstanding the existence of a local school board for the new district and a
1298     local school board for the remaining district under Subsection (3)(a)(i), the local school board
1299     of the existing district shall continue, until the time specified in Subsection [53A-2-118]
1300     53G-3-301(9)(b)(ii)(A), to function and exercise authority as a local school board to the extent
1301     necessary to continue to provide educational services to the entire existing district.
1302          (iv) An individual may simultaneously serve as or be elected to be a member of the
1303     local school board of an existing district and a member of the local school board of:
1304          (A) a new district; or
1305          (B) a remaining district.
1306          (4) (a) Within 45 days after the canvass date for the election at which voters approve
1307     the creation of a new district:
1308          (i) a transition team to represent the remaining district shall be appointed by the
1309     members of the existing local school board who reside within the area of the remaining district,
1310     in consultation with:
1311          (A) the legislative bodies of all municipalities in the area of the remaining district; and
1312          (B) the legislative body of the county in which the remaining district is located, if the
1313     remaining district includes one or more unincorporated areas of the county; and
1314          (ii) another transition team to represent the new district shall be appointed by:
1315          (A) for a new district located entirely within the boundaries of a single city, the
1316     legislative body of that city; or
1317          (B) for each other new district, the legislative bodies of all interlocal agreement

1318     participants.
1319          (b) The local school board of the existing school district shall, within 60 days after the
1320     canvass date for the election at which voters approve the creation of a new district:
1321          (i) prepare an inventory of the existing district's:
1322          (A) assets, both tangible and intangible, real and personal; and
1323          (B) liabilities; and
1324          (ii) deliver a copy of the inventory to each of the transition teams.
1325          (c) The transition teams appointed under Subsection (4)(a) shall:
1326          (i) determine the allocation of the existing district's assets and, except for indebtedness
1327     under Section [53A-2-121] 53G-3-307, liabilities between the remaining district and the new
1328     district in accordance with Subsection (5);
1329          (ii) prepare a written report detailing how the existing district's assets and, except for
1330     indebtedness under Section [53A-2-121] 53G-3-307, liabilities are to be allocated; and
1331          (iii) deliver a copy of the written report to:
1332          (A) the local school board of the existing district;
1333          (B) the local school board of the remaining district; and
1334          (C) the local school board of the new district.
1335          (d) The transition teams shall determine the allocation under Subsection (4)(c)(i) and
1336     deliver the report required under Subsection (4)(c)(ii) before August 1 of the year following the
1337     election at which voters approve the creation of a new district, unless that deadline is extended
1338     by the mutual agreement of:
1339          (i) the local school board of the existing district; and
1340          (ii) (A) the legislative body of the city in which the new district is located, for a new
1341     district located entirely within a single city; or
1342          (B) the legislative bodies of all interlocal agreement participants, for each other new
1343     district.
1344          (e) (i) All costs and expenses of the transition team that represents a remaining district
1345     shall be borne by the remaining district.

1346          (ii) All costs and expenses of the transition team that represents a new district shall
1347     initially be borne by:
1348          (A) the city whose legislative body appoints the transition team, if the transition team
1349     is appointed by the legislative body of a single city; or
1350          (B) the interlocal agreement participants, if the transition team is appointed by the
1351     legislative bodies of interlocal agreement participants.
1352          (iii) The new district may, to a maximum of $500,000, reimburse the city or interlocal
1353     agreement participants for:
1354          (A) transition team costs and expenses; and
1355          (B) startup costs and expenses incurred by the city or interlocal agreement participants
1356     on behalf of the new district.
1357          (5) (a) As used in this Subsection (5):
1358          (i) "Associated property" means furniture, equipment, or supplies located in or
1359     specifically associated with a physical asset.
1360          (ii) (A) "Discretionary asset or liability" means, except as provided in Subsection
1361     (5)(a)(ii)(B), an asset or liability that is not tied to a specific project, school, student, or
1362     employee by law or school district accounting practice.
1363          (B) "Discretionary asset or liability" does not include a physical asset, associated
1364     property, a vehicle, or bonded indebtedness.
1365          (iii) (A) "Nondiscretionary asset or liability" means, except as provided in Subsection
1366     (5)(a)(iii)(B), an asset or liability that is tied to a specific project, school, student, or employee
1367     by law or school district accounting practice.
1368          (B) "Nondiscretionary asset or liability" does not include a physical asset, associated
1369     property, a vehicle, or bonded indebtedness.
1370          (iv) "Physical asset" means a building, land, or water right together with revenue
1371     derived from the lease or use of the building, land, or water right.
1372          (b) Except as provided in Subsection (5)(c), the transition teams appointed under
1373     Subsection (4)(a) shall allocate all assets and liabilities the existing district owns on the

1374     allocation date, both tangible and intangible, real and personal, to the new district and
1375     remaining district as follows:
1376          (i) a physical asset and associated property shall be allocated to the school district in
1377     which the physical asset is located;
1378          (ii) a discretionary asset or liability shall be allocated between the new district and
1379     remaining district in proportion to the student populations of the school districts;
1380          (iii) a nondiscretionary asset shall be allocated to the school district where the project,
1381     school, student, or employee to which the nondiscretionary asset is tied will be located;
1382          (iv) vehicles used for pupil transportation shall be allocated:
1383          (A) according to the transportation needs of schools, as measured by the number and
1384     assortment of vehicles used to serve transportation routes serving schools within the new
1385     district and remaining district; and
1386          (B) in a manner that gives each school district a fleet of vehicles for pupil
1387     transportation that is equivalent in terms of age, condition, and variety of carrying capacities;
1388     and
1389          (v) other vehicles shall be allocated:
1390          (A) in proportion to the student populations of the school districts; and
1391          (B) in a manner that gives each district a fleet of vehicles that is similar in terms of age,
1392     condition, and carrying capacities.
1393          (c) By mutual agreement, the transition teams may allocate an asset or liability in a
1394     manner different than the allocation method specified in Subsection (5)(b).
1395          (6) (a) As used in this Subsection (6):
1396          (i) "New district startup costs" means:
1397          (A) costs and expenses incurred by a new district in order to prepare to begin providing
1398     educational services on July 1 of the second calendar year following the local school board
1399     general election date described in Subsection (3)(a)(i); and
1400          (B) the costs and expenses of the transition team that represents the new district.
1401          (ii) "Remaining district startup costs" means:

1402          (A) costs and expenses incurred by a remaining district in order to:
1403          (I) make necessary adjustments to deal with the impacts resulting from the creation of
1404     the new district; and
1405          (II) prepare to provide educational services within the remaining district once the new
1406     district begins providing educational services within the new district; and
1407          (B) the costs and expenses of the transition team that represents the remaining district.
1408          (b) (i) By January 1 of the year following the local school board general election date
1409     described in Subsection (3)(a)(i), the existing district shall make half of the undistributed
1410     reserve from its General Fund, to a maximum of $9,000,000, available for the use of the
1411     remaining district and the new district, as provided in this Subsection (6).
1412          (ii) The existing district may make additional funds available for the use of the
1413     remaining district and the new district beyond the amount specified in Subsection (6)(b)(i)
1414     through an interlocal agreement.
1415          (c) The existing district shall make the money under Subsection (6)(b) available to the
1416     remaining district and the new district proportionately based on student population.
1417          (d) The money made available under Subsection (6)(b) may be accessed and spent by:
1418          (i) for the remaining district, the local school board of the remaining district; and
1419          (ii) for the new district, the local school board of the new district.
1420          (e) (i) The remaining district may use its portion of the money made available under
1421     Subsection (6)(b) to pay for remaining district startup costs.
1422          (ii) The new district may use its portion of the money made available under Subsection
1423     (6)(b) to pay for new district startup costs.
1424          (7) (a) The existing district shall transfer title or, if applicable, partial title of property
1425     to the new school district in accordance with the allocation of property by the transition teams,
1426     as stated in the report under Subsection (4)(c)(ii).
1427          (b) The existing district shall complete each transfer of title or, if applicable, partial
1428     title to real property and vehicles by July 1 of the second calendar year following the local
1429     school board general election date described in Subsection (3)(a)(i), except as that date is

1430     changed by the mutual agreement of:
1431          (i) the local school board of the existing district;
1432          (ii) the local school board of the remaining district; and
1433          (iii) the local school board of the new district.
1434          (c) The existing district shall complete the transfer of all property not included in
1435     Subsection (7)(b) by November 1 of the second calendar year after the local school board
1436     general election date described in Subsection (3)(a)(i).
1437          (8) Except as provided in Subsections (6) and (7), after the creation election date an
1438     existing school district may not transfer or agree to transfer title to district property without the
1439     prior consent of:
1440          (a) the legislative body of the city in which the new district is located, for a new district
1441     located entirely within a single city; or
1442          (b) the legislative bodies of all interlocal agreement participants, for each other new
1443     district.
1444          (9) This section does not apply to the creation of a new district initiated through a
1445     citizens' initiative petition or at the request of a local school board under Section [53A-2-118]
1446     53G-3-301.
1447          Section 18. Section 53G-3-303, which is renumbered from Section 53A-2-118.2 is
1448     renumbered and amended to read:
1449          [53A-2-118.2].      53G-3-303. New school district property tax -- Limitations.
1450          (1) (a) A new school district created under Section [53A-2-118.1] 53G-3-302 may not
1451     impose a property tax prior to the fiscal year in which the new school district assumes
1452     responsibility for providing student instruction.
1453          (b) The remaining school district retains authority to impose property taxes on the
1454     existing school district, including the territory of the new school district, until the fiscal year in
1455     which the new school district assumes responsibility for providing student instruction.
1456          (2) (a) If at the time a new school district created pursuant to Section [53A-2-118.1]
1457     53G-3-302 assumes responsibility for student instruction any portion of the territory within the

1458     new school district was subject to a levy pursuant to Section [53A-17a-133] 53F-8-301, the
1459     new school district's board may:
1460          (i) discontinue the levy for the new school district;
1461          (ii) impose a levy on the new school district as provided in Section [53A-17a-133]
1462     53F-8-301; or
1463          (iii) impose the levy on the new school district, subject to Subsection (2)(b).
1464          (b) If the new school district's board applies a levy to the new school district pursuant
1465     to Subsection (2)(a)(iii), the levy may not exceed the maximum duration or rate authorized by
1466     the voters of the existing district or districts at the time of the vote to create the new school
1467     district.
1468          Section 19. Section 53G-3-304, which is renumbered from Section 53A-2-118.4 is
1469     renumbered and amended to read:
1470          [53A-2-118.4].      53G-3-304. Property tax levies in new district and remaining
1471     district -- Distribution of property tax revenue.
1472          (1) [As] Notwithstanding terms defined in Section 53G-3-102, as used in this section:
1473          (a) "Divided school district" or "existing district" means a school district from which a
1474     new district is created.
1475          (b) "New district" means a school district created under Section [53A-2-118.1]
1476     53G-3-302 after May 10, 2011.
1477          (c) "Property tax levy" means a property tax levy that a school district is authorized to
1478     impose, except:
1479          (i) the minimum basic rate imposed under Section [53A-17a-135] 53F-2-301;
1480          (ii) a debt service levy imposed under Section 11-14-310; or
1481          (iii) a judgment levy imposed under Section 59-2-1330.
1482          (d) "Qualifying taxable year" means the calendar year in which a new district begins to
1483     provide educational services.
1484          (e) "Remaining district" means an existing district after the creation of a new district.
1485          (2) A new district and remaining district shall continue to impose property tax levies

1486     that were imposed by the divided school district in the taxable year prior to the qualifying
1487     taxable year.
1488          (3) Except as provided in Subsection (6), a property tax levy that a new district and
1489     remaining district are required to impose under Subsection (2) shall be set at a rate that:
1490          (a) is uniform in the new district and remaining district; and
1491          (b) generates the same amount of revenue that was generated by the property tax levy
1492     within the divided school district in the taxable year prior to the qualifying taxable year.
1493          (4) (a) Except as provided in Subsection (4)(b), the county treasurer of the county in
1494     which a property tax levy is imposed under Subsection (2) shall distribute revenues generated
1495     by the property tax levy to the new district and remaining district in proportion to the
1496     percentage of the divided school district's enrollment on the October 1 prior to the new district
1497     commencing educational services that were enrolled in schools currently located in the new
1498     district or remaining district.
1499          (b) The county treasurer of a county of the first class shall distribute revenues
1500     generated by a capital local levy of .0006 that a school district in a county of the first class is
1501     required to impose under Section [53A-16-113] 53F-8-303 in accordance with the distribution
1502     method specified in Section 53A-16-114.
1503          (5) On or before March 31, a county treasurer shall distribute revenues generated by a
1504     property tax levy imposed under Subsection (2) in the prior calendar year to a new district and
1505     remaining district as provided in Subsection (4).
1506          (6) (a) Subject to the notice and public hearing requirements of Section 59-2-919, a
1507     new district or remaining district may set a property tax rate higher than the rate required by
1508     Subsection (3), up to:
1509          (i) the maximum rate, if any, allowed by law; or
1510          (ii) the maximum rate authorized by voters for a voted local levy under Section
1511     [53A-17a-133] 53F-8-301.
1512          (b) The revenues generated by the portion of a property tax rate in excess of the rate
1513     required by Subsection (3) shall be retained by the district that imposes the higher rate.

1514          Section 20. Section 53G-3-305, which is renumbered from Section 53A-2-119 is
1515     renumbered and amended to read:
1516          [53A-2-119].      53G-3-305. Reapportionment -- Local school board
1517     membership.
1518          (1) Upon the creation of a new school district, the county legislative body shall
1519     reapportion the affected school districts pursuant to Section 20A-14-201.
1520          (2) Except as provided in Section [53A-2-118.1] 53G-3-302, school board membership
1521     in the affected school districts shall be determined under Title 20A, Chapter 14, Part 2,
1522     Election of Members of Local Boards of Education.
1523          Section 21. Section 53G-3-306, which is renumbered from Section 53A-2-120 is
1524     renumbered and amended to read:
1525          [53A-2-120].      53G-3-306. Transfer of school property to new school
1526     district.
1527          (1) (a) (i) On July 1 of the year following the school board elections for a new district
1528     created pursuant to a citizens' initiative petition or school board request under Section
1529     [53A-2-118] 53G-3-301 and an existing district as provided in Section [53A-2-119]
1530     53G-3-305, the board of the existing district shall convey and deliver to the board of the new
1531     district all school property which the new district is entitled to receive.
1532          (ii) Any disagreements as to the disposition of school property shall be resolved by the
1533     county legislative body.
1534          (iii) Subsection (1)(a)(ii) does not apply to disagreements between transition teams
1535     about the proper allocation of property under Subsection [53A-2-118.1] 53G-3-302(4).
1536          (b) An existing district shall transfer property to a new district created under Section
1537     [53A-2-118.1] 53G-3-302 in accordance with Section [53A-2-118.1] 53G-3-302.
1538          (2) Title vests in the new school board, including all rights, claims, and causes of
1539     action to or for the property, for the use or the income from the property, for conversion,
1540     disposition, or withholding of the property, or for any damage or injury to the property.
1541          (3) The new school board may bring and maintain actions to recover, protect, and

1542     preserve the property and rights of the district's schools and to enforce contracts.
1543          Section 22. Section 53G-3-307, which is renumbered from Section 53A-2-121 is
1544     renumbered and amended to read:
1545          [53A-2-121].      53G-3-307. Tax to pay for indebtedness of divided school
1546     district.
1547          (1) (a) For a new district created prior to May 10, 2011, the local school boards of the
1548     remaining and new districts shall determine the portion of the divided school district's bonded
1549     indebtedness and other indebtedness for which the property within the new district remains
1550     subject to the levy of taxes to pay a proportionate share of the divided school district's
1551     outstanding indebtedness.
1552          (b) The proportionate share of the divided school district's outstanding indebtedness for
1553     which property within the new district remains subject to the levy of taxes shall be calculated
1554     by determining the proportion that the total assessed valuation of the property within the new
1555     district bears to the total assessed valuation of the divided school district:
1556          (i) in the year immediately preceding the date the new district was created; or
1557          (ii) at a time mutually agreed upon by the local school boards of the new district and
1558     the remaining district.
1559          (c) The agreement reflecting the determinations made under this Subsection (1) shall
1560     take effect upon being filed with the county legislative body and the State Board of Education.
1561          (2) (a) Except as provided in Subsection (2)(b), the local school board of a new district
1562     created prior to May 10, 2011 shall levy a tax on property within the new district sufficient to
1563     pay the new district's proportionate share of the indebtedness determined under Subsection (1).
1564          (b) If a new district has money available to pay the new district's proportionate share of
1565     the indebtedness determined under Subsection (1), the new district may abate a property tax to
1566     the extent of money available.
1567          (3) As used in Subsections (4) and (5), "outstanding bonded indebtedness" means debt
1568     owed for a general obligation bond issued by the divided school district:
1569          (a) prior to the creation of the new district; or

1570          (b) in accordance with a mutual agreement of the local school boards of the remaining
1571     and new districts under Subsection (6).
1572          (4) If a new district is created on or after May 10, 2011, property within the new
1573     district and the remaining district is subject to the levy of a tax to pay the divided school
1574     district's outstanding bonded indebtedness as provided in Subsection (5).
1575          (5) (a) Except as provided in Subsection (5)(b), the local school board of the new
1576     district and the local school board of the remaining district shall impose a tax levy at a rate that:
1577          (i) generates from the combined districts the amount of revenue required each year to
1578     meet the outstanding bonded indebtedness of the divided school district; and
1579          (ii) is uniform within the new district and remaining district.
1580          (b) A local school board of a new district may abate a property tax required to be
1581     imposed under Subsection (5)(a) to the extent the new district has money available to pay to
1582     the remaining district the amount of revenue that would be generated within the new district
1583     from the tax rate specified in Subsection (5)(a).
1584          (6) (a) The local school boards of the remaining and new districts shall determine by
1585     mutual agreement the disposition of bonds approved but not issued by the divided school
1586     district before the creation of the new district based primarily on the representation made to the
1587     voters at the time of the bond election.
1588          (b) Before a determination is made under Subsection (6)(a), a remaining district may
1589     not issue bonds approved but not issued before the creation of the new district if property in the
1590     new district would be subject to the levy of a tax to pay the bonds.
1591          Section 23. Section 53G-3-308, which is renumbered from Section 53A-2-122 is
1592     renumbered and amended to read:
1593          [53A-2-122].      53G-3-308. Employees of a new district.
1594          (1) Upon the creation of a new district:
1595          (a) an employee of an existing district who is employed at a school that is transferred to
1596     the new district shall become an employee of the new district; and
1597          (b) the school board of the new district shall:

1598          (i) have discretion in the hiring of all other staff;
1599          (ii) adopt the personnel policies and practices of the existing district, including salary
1600     schedules and benefits; and
1601          (iii) enter into agreements with employees of the new district, or their representatives,
1602     that have the same terms as those in the negotiated agreements between the existing district and
1603     its employees.
1604          (2) (a) Subject to Subsection (2)(b), an employee of a school district from which a new
1605     district is created who becomes an employee of the new district shall retain the same status as a
1606     career or provisional employee with accrued seniority and accrued benefits.
1607          (b) Subsection (2)(a) applies to:
1608          (i) employees of an existing district who are transferred to a new district pursuant to
1609     Subsection (1)(a); and
1610          (ii) employees of a school district from which a new district is created who are hired by
1611     the new district within one year of the date of the creation of the new district.
1612          (3) An employee who is transferred to a new district pursuant to Subsection (1)(a) and
1613     is rehired by the existing district within one year of the date of the creation of the new district
1614     shall, when rehired by the existing district, retain the same status as a career or provisional
1615     employee with accrued seniority and accrued benefits.
1616          Section 24. Section 53G-3-401, which is renumbered from Section 53A-2-102 is
1617     renumbered and amended to read:
1618     
Part 4. Consolidating School Districts

1619          [53A-2-102].      53G-3-401. Consolidation of school districts -- Resolution by
1620     school board members -- Petition by electors -- Election.
1621          (1) Two or more school districts may unite and form a single school district in one of
1622     the following ways:
1623          (a) a majority of the members of each of the boards of education of the affected
1624     districts shall approve and present to the county legislative body of the affected counties a
1625     resolution to consolidate the districts. Once this is done, consolidation shall be established

1626     under this chapter; or
1627          (b) a majority of the members of the board of education of each affected district, or
1628     15% of the qualified electors in each of the affected districts, shall sign and present a petition to
1629     the county legislative body of each affected county. The question shall be voted upon at an
1630     election called for that purpose, which shall be the next general or municipal election.
1631     Consolidation shall occur if a majority of those voting on the question in each district favor
1632     consolidation.
1633          (2) The elections required under Subsection (1)(b) shall be conducted and the returns
1634     canvassed as provided by election laws.
1635          Section 25. Section 53G-3-402, which is renumbered from Section 53A-2-103 is
1636     renumbered and amended to read:
1637          [53A-2-103].      53G-3-402. Transfer of property to new school district --
1638     Rights and obligations of new school board -- Outstanding indebtedness -- Special tax.
1639          (1) On July 1 following the approval of the creation of a new school district under
1640     Section [53A-2-102] 53G-3-401, the local school boards of the former districts shall convey
1641     and deliver all school property to the local school board of the new district. Title vests in the
1642     new board. All rights, claims, and causes of action to or for the property, for the use or the
1643     income from the property, for conversion, disposition, or withholding of the property, or for
1644     any damage or injury to the property vest at once in the new board.
1645          (2) The new board may bring and maintain actions to recover, protect, and preserve the
1646     property and rights of the district schools and to enforce contracts.
1647          (3) The new board shall assume and be liable for all outstanding debts and obligations
1648     of each of the former school districts.
1649          (4) All of the bonded indebtedness, outstanding debts, and obligations of a former
1650     district, which cannot be reasonably paid from the assets of the former district, shall be paid by
1651     a special tax levied by the new board as needed. The tax shall be levied upon the property
1652     within the former district which was liable for the indebtedness at the time of consolidation. If
1653     bonds are approved in the new district under Section [53A-18-102] 53G-4-603, the special tax

1654     shall be discontinued and the bonded indebtedness paid as any other bonded indebtedness of
1655     the new district.
1656          (5) Bonded indebtedness of a former district which has been refunded shall be paid in
1657     the same manner as that which the new district assumes under Section [53A-18-101]
1658     53G-4-602.
1659          (6) State funds received by the new district under Section [53A-21-202] 53F-3-202
1660     may be applied toward the payment of outstanding bonded indebtedness of a former district in
1661     the same proportion as the bonded indebtedness of the territory within the former district bears
1662     to the total bonded indebtedness of the districts combined.
1663          Section 26. Section 53G-3-403, which is renumbered from Section 53A-2-113 is
1664     renumbered and amended to read:
1665          [53A-2-113].      53G-3-403. School district consolidation -- State funding of
1666     consolidated districts.
1667          When districts consolidate, payments made by the state under [Title 53A, Chapter 17a,
1668     Minimum School Program Act] Title 53F, Public Education System -- Funding , shall continue
1669     for a period of five years from the date of consolidation on the same basis as if no
1670     consolidation had occurred. At the end of the five-year period, the consolidated district shall
1671     receive funding as a single district.
1672          Section 27. Section 53G-3-404, which is renumbered from Section 53A-2-114 is
1673     renumbered and amended to read:
1674          [53A-2-114].      53G-3-404. Additional levies -- School board options to
1675     abolish or continue after consolidation.
1676          (1) If a school district that has approved an additional levy under Section
1677     [53A-17a-133] 53F-8-301 is consolidated with a district which does not have such a levy, the
1678     board of education of the consolidated district may choose to abolish the levy, or apply it in
1679     whole or in part to the entire consolidated district.
1680          (2) If the board chooses to apply any part of the levy to the entire district, the levy may
1681     continue in force for no more than three years, unless approved by the electors of the

1682     consolidated district in the manner set forth in Section [53A-17a-133] 53F-8-301.
1683          Section 28. Section 53G-3-501, which is renumbered from Section 53A-2-104 is
1684     renumbered and amended to read:
1685     
Part 5. Restructuring a School District

1686          [53A-2-104].      53G-3-501. Transfer of a portion of a school district -- Board
1687     resolution -- Board petition -- Elector petition -- Transfer election.
1688          (1) Part of a school district may be transferred to another district in one of the
1689     following ways:
1690          (a) presentation to the county legislative body of each of the affected counties of a
1691     resolution requesting the transfer, approved by at least four-fifths of the members of the local
1692     board of education of each affected school district;
1693          (b) presentation to the county legislative body of each affected county of a petition
1694     requesting that the electors vote on the transfer, signed by a majority of the members of the
1695     local school board of each affected school district; or
1696          (c) presentation to the county legislative body of each affected county of a petition
1697     requesting that the electors vote on the transfer, signed by 15% of the qualified electors in each
1698     of the affected school districts within that county.
1699          (2) (a) If an annexation of property by a city would result in its residents being served
1700     by more than one school district, then the presidents of the affected local school boards shall
1701     meet within 60 days prior to the effective date of the annexation to determine whether it would
1702     be advisable to adjust school district boundaries to permit all residents of the expanded city to
1703     be served by a single school district.
1704          (b) Upon conclusion of the meeting, the local school board presidents shall prepare a
1705     recommendation for presentation to their respective boards as soon as reasonably possible.
1706          (c) The boards may then initiate realignment proceedings under Subsection (1)(a) or
1707     (b).
1708          (d) If a local board rejects realignment under Subsection (1)(a) or (b), the other board
1709     may initiate the following procedures by majority vote within 60 days of the vote rejecting

1710     realignment:
1711          (i) (A) within 30 days after a vote to initiate these procedures, each local board shall
1712     appoint one member to a boundary review committee; or
1713          (B) if the local board becomes deadlocked in selecting the appointee under Subsection
1714     (2)(d)(i)(A), the board's chair shall make the appointment or serve as the appointee to the
1715     review committee.
1716          (ii) The two local board-appointed members of the committee shall meet and appoint a
1717     third member of the committee.
1718          (iii) If the two local board-appointed members are unable to agree on the appointment
1719     of a third member within 30 days after both are appointed, the State Superintendent of Public
1720     Instruction shall appoint the third member.
1721          (iv) The committee shall meet as necessary to prepare recommendations concerning
1722     resolution of the realignment issue, and shall submit the recommendations to the affected local
1723     boards within six months after the appointment of the third member of the committee.
1724          (v) If a majority of the members of each local board accepts the recommendation of the
1725     committee, or accepts the recommendation after amendment by the boards, then the accepted
1726     recommendation shall be implemented.
1727          (vi) If the committee fails to submit its recommendation within the time allotted, or if
1728     one local board rejects the recommendation, the affected boards may agree to extend the time
1729     for the committee to prepare an acceptable recommendation or either board may request the
1730     State Board of Education to resolve the question.
1731          (vii) If the committee has submitted a recommendation which the state board finds to
1732     be reasonably supported by the evidence, the state board shall adopt the committee's
1733     recommendation.
1734          (viii) The decision of the state board is final.
1735          (3) (a) The electors of each affected district shall vote on the transfer requested under
1736     Subsection (1)(b) or (c) at an election called for that purpose, which may be the next general
1737     election.

1738          (b) The election shall be conducted and the returns canvassed as provided by election
1739     law.
1740          (c) A transfer is effected only if a majority of votes cast by the electors in both the
1741     proposed transferor district and in the proposed transferee district are in favor of the transfer.
1742          Section 29. Section 53G-3-502, which is renumbered from Section 53A-2-105 is
1743     renumbered and amended to read:
1744          [53A-2-105].      53G-3-502. Transfer of school property -- Indebtedness on
1745     transferred property.
1746          (1) If a transfer of a portion of one school district to another school district is approved
1747     under Section [53A-2-104] 53G-3-501, the state superintendent and the superintendents and
1748     presidents of the boards of education of each of the affected school districts shall determine the
1749     basis for a transfer of all school property reasonably and fairly allocable to that portion being
1750     transferred.
1751          (2) (a) Title to property transferred vests in the transferee board of education.
1752          (b) The transfer of a school building that is in operation at the time of determination
1753     shall be made at the close of a fiscal year.
1754          (c) The transfer of all other school property shall be made five days after approval of
1755     the transfer of territory under Section [53A-2-104] 53G-3-501.
1756          (3) (a) The individuals referred to in Subsection (1) shall determine the portion of
1757     bonded indebtedness and other indebtedness of the transferor board for which the transferred
1758     property remains subject to the levy of taxes to pay a proportionate share of the outstanding
1759     indebtedness of the transferor board.
1760          (b) This is done by:
1761          (i) determining the amount of the outstanding bonded indebtedness and other
1762     indebtedness of the transferor board of education;
1763          (ii) determining the total taxable value of the property of the transferor district and the
1764     taxable value of the property to be transferred; and
1765          (iii) calculating the portion of the indebtedness of the transferor board for which the

1766     transferred portion retains liability.
1767          (4) (a) The agreement reflecting these determinations takes effect upon being filed with
1768     the State Board of Education.
1769          (b) The transferred property remains subject to the levy of taxes to pay a proportionate
1770     share of the outstanding indebtedness of the transferor school board.
1771          (c) The transferee school board may assume the obligation to pay the proportionate
1772     share of the transferor school board's indebtedness that has been determined under Subsection
1773     (3) to be the obligation of the transferred portion by the approval of a resolution by a majority
1774     of the qualified electors of the transferee school district at an election called and held for that
1775     purpose under Title 11, Chapter 14, Local Government Bonding Act.
1776          (5) If the transferee school district assumes the obligation to pay this proportionate
1777     share of the transferor school board's indebtedness, the transferee school board shall levy a tax
1778     in the whole of the transferee district, including the transferred portion, sufficient to pay the
1779     assumed indebtedness, and shall turn over the proceeds of the tax to the business administrator
1780     of the transferor board.
1781          (6) If the transferee school board does not assume this obligation, the transferee school
1782     board shall levy a tax on the transferred territory sufficient to pay the proportionate share of the
1783     indebtedness determined under this section, and shall turn over the proceeds of the tax to the
1784     business administrator of the transferor board.
1785          (7) For the purposes of school districts affected by repealed laws governing the
1786     annexation of an unincorporated area of a school district by a city which included what was
1787     formerly known as a city school district, transitions of unincorporated areas and property from
1788     the transferor district to the transferee district in progress on the effective date of this act shall
1789     revert to the boundaries and ownership prior to the initiation of annexation and may then
1790     proceed under this section and Section [53A-2-104] 53G-3-501.
1791          Section 30. Section 53G-3-503, which is renumbered from Section 53A-2-115 is
1792     renumbered and amended to read:
1793          [53A-2-115].      53G-3-503. Additional levies in transferred territory --

1794     Transferee board option to abolish or continue.
1795          If two or more districts undergo restructuring that results in a district receiving territory
1796     that increases the population of the district by at least 25%, and if the transferred territory was,
1797     at the time of transfer, subject to an additional levy under Section [53A-17a-133] 53F-8-301,
1798     the board of education of the transferee district may abolish the levy or apply the levy in whole
1799     or in part to the entire restructured district. Any such levy made applicable to the entire district
1800     may continue in force for no more than five years, unless approved by the electors of the
1801     restructured district in the manner set forth in Section [53A-17a-133] 53F-8-301.
1802          Section 31. Section 53G-4-101 is enacted to read:
1803     
CHAPTER 4. SCHOOL DISTRICTS

1804     
Part 1. General Provisions

1805          53G-4-101. Title.
1806          This chapter is known as "School Districts."
1807          Section 32. Section 53G-4-102 is enacted to read:
1808          53G-4-102. Definitions.
1809          Reserved
1810          Section 33. Section 53G-4-201, which is renumbered from Section 53A-3-101 is
1811     renumbered and amended to read:
1812     
Part 2. Local School Board Organization and Meetings

1813          [53A-3-101].      53G-4-201. Selection and election of members to local boards
1814     of education.
1815          Members of local boards of education shall be elected as provided in Title 20A,
1816     Chapter 14, Nomination and Election of State and Local School Boards.
1817          Section 34. Section 53G-4-202, which is renumbered from Section 53A-3-106 is
1818     renumbered and amended to read:
1819          [53A-3-106].      53G-4-202. Local school board meetings -- Rules of order
1820     and procedure -- Location requirements -- Expulsion of members prohibited --
1821     Exceptions.

1822          (1) As used in this section:
1823          (a) "Disaster" means an event that:
1824          (i) causes, or threatens to cause, loss of life, human suffering, public or private property
1825     damage, or economic or social disruption resulting from attack, internal disturbance, natural
1826     phenomenon, or technological hazard; and
1827          (ii) requires resources that are beyond the scope of local agencies in routine responses
1828     to emergencies and accidents and may be of a magnitude or involve unusual circumstances that
1829     require a response by a governmental, not-for-profit, or private entity.
1830          (b) "Local emergency" means a condition in any municipality or county of the state that
1831     requires that emergency assistance be provided by the affected municipality or county or
1832     another political subdivision to save lives and protect property within its jurisdiction in
1833     response to a disaster or to avoid or reduce the threat of a disaster.
1834          (c) "Rules of order and procedure" means a set of rules that governs and prescribes in a
1835     public meeting:
1836          (i) parliamentary order and procedure;
1837          (ii) ethical behavior; and
1838          (iii) civil discourse.
1839          (2) Subject to Subsection (4), a local school board [or charter school governing board]
1840     shall:
1841          (a) adopt rules of order and procedure to govern a public meeting of the local school
1842     board;
1843          (b) conduct a public meeting in accordance with the rules of order and procedure
1844     described in Subsection (2)(a); and
1845          (c) make the rules of order and procedure described in Subsection (2)(a) available to
1846     the public:
1847          (i) at each public meeting of the local school board; and
1848          (ii) on the local school board's public website, if available.
1849          (3) (a) Except as provided in Subsections (3)(b) and (c), a local school board may not

1850     hold a public meeting outside of the geographic boundary of the local school board's school
1851     district.
1852          (b) A local school board may hold a public meeting outside of the geographic boundary
1853     of the local school board's school district if it is necessary for the local school board to hold a
1854     meeting during a disaster or local emergency.
1855          (c) A local school board may hold a public meeting outside of the geographic boundary
1856     of the local school board's school district to conduct a site visit if:
1857          (i) the location of the site visit provides the local school board members the
1858     opportunity to see or experience an activity that:
1859          (A) relates to the local school board's responsibilities; and
1860          (B) does not exist within the geographic boundaries of the local school board's school
1861     district; and
1862          (ii) the local school board does not vote or take other action during the public meeting
1863     held at the site visit location.
1864          (d) This Subsection (3) does not apply to a charter school governing board.
1865          (4) The requirements of this section do not affect a local school [board or charter
1866     school governing] board's duty to comply with Title 52, Chapter 4, Open and Public Meetings
1867     Act.
1868          (5) (a) Except as provided in Subsection (5)(b), a local school board may not expel a
1869     member of the school board from an open public meeting or prohibit the member from
1870     attending an open public meeting.
1871          (b) Except as provided in Subsection (5)(c), following a two-thirds vote of the
1872     members of the local school board, the local school board may fine or expel a member of the
1873     local school board for:
1874          (i) disorderly conduct at the open public meeting;
1875          (ii) a member's direct or indirect financial conflict of interest regarding an issue
1876     discussed at or action proposed to be taken at the open public meeting; or
1877          (iii) a commission of a crime during the open public meeting.

1878          (c) A local school board may adopt rules or ordinances that expand the reasons or
1879     establish more restrictive procedures for the expulsion of a member from a public meeting.
1880          Section 35. Section 53G-4-203, which is renumbered from Section 53A-3-201 is
1881     renumbered and amended to read:
1882          [53A-3-201].      53G-4-203. Election of officers -- Terms -- Time of election --
1883     Removal of officers -- Quorum requirements.
1884          (1) A local school board shall elect a president and a vice-president whose terms of
1885     office are for two years and until their successors are elected.
1886          (2) The elections shall be held during the first board meeting in January following a
1887     regular school board election held in the district.
1888          (3) An officer appointed or elected by a local school board may be removed from
1889     office for cause by a vote of two-thirds of the board.
1890          (4) When a vacancy occurs in the office of president or vice president of the board for
1891     any reason, a replacement shall be elected for the unexpired term.
1892          (5) Attendance of a simple majority of the board members constitutes a quorum for the
1893     transaction of official business.
1894          Section 36. Section 53G-4-204, which is renumbered from Section 53A-3-202 is
1895     renumbered and amended to read:
1896          [53A-3-202].      53G-4-204. Compensation for services -- Additional per diem
1897     -- Approval of expenses.
1898          (1) Each member of a local school board, except the student member, shall receive
1899     compensation for services and for necessary expenses in accordance with board compensation
1900     schedules adopted by the local school board in accordance with the provisions of this section.
1901          (2) Beginning on July 1, 2007, if a local school board decides to adopt or amend its
1902     board compensation schedules, the board shall set a time and place for a public hearing at
1903     which all interested persons shall be given an opportunity to be heard.
1904          (3) Notice of the time, place, and purpose of the meeting shall be provided at least
1905     seven days prior to the meeting by:

1906          (a) (i) publication at least once in a newspaper published in the county where the
1907     school district is situated and generally circulated within the school district; and
1908          (ii) publication on the Utah Public Notice Website created in Section 63F-1-701; and
1909          (b) posting a notice:
1910          (i) at each school within the school district;
1911          (ii) in at least three other public places within the school district; and
1912          (iii) on the Internet in a manner that is easily accessible to citizens that use the Internet.
1913          (4) After the conclusion of the public hearing, the local school board may adopt or
1914     amend its board compensation schedules.
1915          (5) Each member shall submit an itemized account of necessary travel expenses for
1916     board approval.
1917          (6) A local school board may, without following the procedures described in
1918     Subsections (2) and (3), continue to use the compensation schedule that was in effect prior to
1919     July 1, 2007 until, at the discretion of the board, the compensation schedule is amended or a
1920     new compensation schedule is adopted.
1921          Section 37. Section 53G-4-205, which is renumbered from Section 53A-3-204 is
1922     renumbered and amended to read:
1923          [53A-3-204].      53G-4-205. Duties of president.
1924          (1) The president of each local school board shall preside at all meetings of the board,
1925     appoint all committees, and sign all warrants ordered by the board to be drawn upon the
1926     business administrator for school money.
1927          (2) If the president is absent or acquires a disability, these duties are performed by the
1928     vice president.
1929          Section 38. Section 53G-4-301, which is renumbered from Section 53A-3-301 is
1930     renumbered and amended to read:
1931     
Part 3. Local School Board Administrative Officers

1932          [53A-3-301].      53G-4-301. Superintendent of schools -- Appointment --
1933     Qualifications -- Term -- Compensation.

1934          (1) Subject to Subsection (8), a local school board shall appoint a district
1935     superintendent of schools who serves as the local school board's chief executive officer.
1936          (2) A local school board shall appoint the superintendent on the basis of outstanding
1937     professional qualifications.
1938          (3) (a) A superintendent's term of office is for two years and until, subject to
1939     Subsection (8), a successor is appointed and qualified.
1940          (b) A local school board that appoints a superintendent in accordance with this section
1941     may not, on or after May 10, 2011, enter into an employment contract that contains an
1942     automatic renewal provision with the superintendent.
1943          (4) Unless a vacancy occurs during an interim vacancy period subject to Subsection (8),
1944     if it becomes necessary to appoint an interim superintendent due to a vacancy in the office of
1945     superintendent, the local school board shall make an appointment during a public meeting for
1946     an indefinite term not to exceed one year, which term shall end upon the appointment and
1947     qualification of a new superintendent.
1948          (5) (a) The superintendent shall hold an administrative/supervisory license issued by
1949     the State Board of Education, except as otherwise provided in Subsection (5)(b).
1950          (b) At the request of a local school board, the State Board of Education shall grant a
1951     letter of authorization permitting a person with outstanding professional qualifications to serve
1952     as superintendent without holding an administrative/supervisory license.
1953          (6) A local school board shall set the superintendent's compensation for services.
1954          (7) A superintendent qualifies for office by taking the constitutional oath of office.
1955          (8) (a) As used in this Subsection (8), "interim vacancy period" means the period of
1956     time that:
1957          (i) begins on the day on which a general election described in Section 20A-1-202 is
1958     held to elect a member of a local school board; and
1959          (ii) ends on the day on which the member-elect begins the member's term.
1960          (b) (i) The local school board may not appoint a superintendent during an interim
1961     vacancy period.

1962          (ii) Notwithstanding Subsection (8)(b)(i):
1963          (A) the local school board may appoint an interim superintendent during an interim
1964     vacancy period; and
1965          (B) the interim superintendent's term shall expire once a new superintendent is
1966     appointed by the new local school board after the interim vacancy period has ended.
1967          (c) Subsection (8)(b) does not apply if all the local school board members who held
1968     office on the day of the general election whose term of office was vacant for the election are
1969     re-elected to the local school board for the following term.
1970          Section 39. Section 53G-4-302, which is renumbered from Section 53A-3-302 is
1971     renumbered and amended to read:
1972          [53A-3-302].      53G-4-302. Business administrator -- Term -- Oath.
1973          (1) Subject to Subsection (5), a local school board shall appoint a business
1974     administrator.
1975          (2) (a) The business administrator's term of office is for two years and until, subject to
1976     Subsection (5), a successor is appointed and qualified.
1977          (b) A local school board that appoints a business administrator in accordance with this
1978     section may not, on or after May 8, 2012, enter into an employment contract that contains an
1979     automatic renewal provision with the business administrator.
1980          (3) Unless a vacancy occurs during an interim vacancy period subject to Subsection
1981     (5), if it becomes necessary to appoint an interim business manager due to a vacancy in the
1982     office of business administrator, then the local school board shall make an appointment during
1983     a public meeting for an indefinite term not to exceed one year, which term shall end upon the
1984     appointment and qualification of a new business manager.
1985          (4) The business administrator qualifies for office by taking the constitutional oath of
1986     office.
1987          (5) (a) As used in this Subsection (5), "interim vacancy period" means the period of
1988     time that:
1989          (i) begins on the day on which a general election described in Section 20A-1-202 is

1990     held to elect a member of a local school board; and
1991          (ii) ends on the day on which the member-elect begins the member's term.
1992          (b) (i) A local school board may not appoint a business administrator during an interim
1993     vacancy period.
1994          (ii) Notwithstanding Subsection (5)(b)(i):
1995          (A) the local school board may appoint an interim business administrator during an
1996     interim vacancy period; and
1997          (B) the interim business administrator's term shall expire once a new business
1998     administrator is appointed by the new local school board after the interim vacancy period has
1999     ended.
2000          (c) Subsection (5)(b) does not apply if all the local school board members who held
2001     office on the day of the general election whose term of office was vacant for the election are
2002     reelected to the local school board for the following term.
2003          Section 40. Section 53G-4-303, which is renumbered from Section 53A-3-303 is
2004     renumbered and amended to read:
2005          [53A-3-303].      53G-4-303. Duties of business administrator.
2006          Subject to the direction of the district superintendent of schools, the district's business
2007     administrator shall:
2008          (1) attend all meetings of the board, keep an accurate record of its proceedings, and
2009     have custody of the seal and records;
2010          (2) be custodian of all district funds, be responsible and accountable for all money
2011     received and disbursed, and keep accurate records of all revenues received and their sources;
2012          (3) countersign with the president of the board all warrants and claims against the
2013     district as well as other legal documents approved by the board;
2014          (4) prepare and submit to the board each month a written report of the district's receipts
2015     and expenditures;
2016          (5) use uniform budgeting, accounting, and auditing procedures and forms approved by
2017     the State Board of Education, which shall be in accordance with generally accepted accounting

2018     principles or auditing standards and Title 63J, Chapter 1, Budgetary Procedures Act;
2019          (6) prepare and submit to the board a detailed annual statement for the period ending
2020     June 30, of the revenue and expenditures, including beginning and ending fund balances;
2021          (7) assist the superintendent in the preparation and submission of budget documents
2022     and statistical and fiscal reports required by law or the State Board of Education;
2023          (8) insure that adequate internal controls are in place to safeguard the district's funds;
2024     and
2025          (9) perform other duties as the superintendent may require.
2026          Section 41. Section 53G-4-304, which is renumbered from Section 53A-3-304 is
2027     renumbered and amended to read:
2028          [53A-3-304].      53G-4-304. Other board officers.
2029          (1) A board may appoint other necessary officers who serve at the pleasure of the
2030     board.
2031          (2) These officers shall qualify by taking the constitutional oath of office before
2032     assuming office.
2033          Section 42. Section 53G-4-401, which is renumbered from Section 53A-3-401 is
2034     renumbered and amended to read:
2035     
Part 4. Local School Board Powers and Miscellaneous Duties

2036          [53A-3-401].      53G-4-401. Boards of education are bodies corporate -- Seal
2037     -- Authority to sue -- Conveyance of property -- Duty to residents of the local school
2038     board member's district -- Establishment of public education foundation .
2039          (1) As used in this section, "body corporate" means a public corporation and legal
2040     subdivision of the state, vested with the powers and duties of a government entity as specified
2041     in this chapter.
2042          (2) The board of education of a school district is a body corporate under the name of
2043     the "Board of Education of .......... School District" (inserting the proper name), and shall have
2044     an official seal conformable to its name.
2045          (3) The seal is used by its business administrator in the authentication of all required

2046     matters.
2047          (4) A local school board may sue and be sued, and may take, hold, lease, sell, and
2048     convey real and personal property as the interests of the schools may require.
2049          (5) Notwithstanding a local school board's status as a body corporate, an elected
2050     member of a local school board serves and represents the residents of the local school board
2051     member's district, and that service and representation may not be restricted or impaired by the
2052     local school board member's membership on, or obligations to, the local school board.
2053          (6) A local school board may establish a foundation in accordance with Section
2054     53E-3-403.
2055          Section 43. Section 53G-4-402, which is renumbered from Section 53A-3-402 is
2056     renumbered and amended to read:
2057          [53A-3-402].      53G-4-402. Powers and duties generally.
2058          (1) A local school board shall:
2059          (a) implement the core standards for Utah public schools using instructional materials
2060     that best correlate to the core standards for Utah public schools and graduation requirements;
2061          (b) administer tests, required by the State Board of Education, which measure the
2062     progress of each student, and coordinate with the state superintendent and State Board of
2063     Education to assess results and create plans to improve the student's progress, which shall be
2064     submitted to the State Board of Education for approval;
2065          (c) use progress-based assessments as part of a plan to identify schools, teachers, and
2066     students that need remediation and determine the type and amount of federal, state, and local
2067     resources to implement remediation;
2068          (d) develop early warning systems for students or classes failing to make progress;
2069          (e) work with the State Board of Education to establish a library of documented best
2070     practices, consistent with state and federal regulations, for use by the local districts; and
2071          (f) implement training programs for school administrators, including basic
2072     management training, best practices in instructional methods, budget training, staff
2073     management, managing for learning results and continuous improvement, and how to help

2074     every child achieve optimal learning in basic academic subjects.
2075          (2) Local school boards shall spend minimum school program funds for programs and
2076     activities for which the State Board of Education has established minimum standards or rules
2077     under Section [53A-1-402] 53E-3-501.
2078          (3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
2079     and equipment and construct, erect, and furnish school buildings.
2080          (b) School sites or buildings may only be conveyed or sold on board resolution
2081     affirmed by at least two-thirds of the members.
2082          (4) (a) A board may participate in the joint construction or operation of a school
2083     attended by children residing within the district and children residing in other districts either
2084     within or outside the state.
2085          (b) Any agreement for the joint operation or construction of a school shall:
2086          (i) be signed by the president of the board of each participating district;
2087          (ii) include a mutually agreed upon pro rata cost; and
2088          (iii) be filed with the State Board of Education.
2089          (5) A board may establish, locate, and maintain elementary, secondary, and applied
2090     technology schools.
2091          (6) Except as provided in Section [53A-1-1004] 53E-3-905, a board may enroll
2092     children in school who are at least five years of age before September 2 of the year in which
2093     admission is sought.
2094          (7) A board may establish and support school libraries.
2095          (8) A board may collect damages for the loss, injury, or destruction of school property.
2096          (9) A board may authorize guidance and counseling services for children and their
2097     parents or guardians before, during, or following enrollment of the children in schools.
2098          (10) (a) A board shall administer and implement federal educational programs in
2099     accordance with Title [53A, Chapter 1, Part 9] 53E, Chapter 3, Part 8, Implementing Federal or
2100     National Education Programs [Act].
2101          (b) Federal funds are not considered funds within the school district budget under

2102     [Title 53A, Chapter 19, Public School] Chapter 7, Part 3, Budgets.
2103          (11) (a) A board may organize school safety patrols and adopt rules under which the
2104     patrols promote student safety.
2105          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
2106     parental consent for the appointment.
2107          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
2108     of a highway intended for vehicular traffic use.
2109          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
2110     safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
2111     the program by virtue of the organization, maintenance, or operation of a school safety patrol.
2112          (12) (a) A board may on its own behalf, or on behalf of an educational institution for
2113     which the board is the direct governing body, accept private grants, loans, gifts, endowments,
2114     devises, or bequests that are made for educational purposes.
2115          (b) These contributions are not subject to appropriation by the Legislature.
2116          (13) (a) A board may appoint and fix the compensation of a compliance officer to issue
2117     citations for violations of Subsection 76-10-105(2).
2118          (b) A person may not be appointed to serve as a compliance officer without the
2119     person's consent.
2120          (c) A teacher or student may not be appointed as a compliance officer.
2121          (14) A board shall adopt bylaws and rules for the board's own procedures.
2122          (15) (a) A board shall make and enforce rules necessary for the control and
2123     management of the district schools.
2124          (b) Board rules and policies shall be in writing, filed, and referenced for public access.
2125          (16) A board may hold school on legal holidays other than Sundays.
2126          (17) (a) A board shall establish for each school year a school traffic safety committee to
2127     implement this Subsection (17).
2128          (b) The committee shall be composed of one representative of:
2129          (i) the schools within the district;

2130          (ii) the Parent Teachers' Association of the schools within the district;
2131          (iii) the municipality or county;
2132          (iv) state or local law enforcement; and
2133          (v) state or local traffic safety engineering.
2134          (c) The committee shall:
2135          (i) receive suggestions from school community councils, parents, teachers, and others
2136     and recommend school traffic safety improvements, boundary changes to enhance safety, and
2137     school traffic safety program measures;
2138          (ii) review and submit annually to the Department of Transportation and affected
2139     municipalities and counties a child access routing plan for each elementary, middle, and junior
2140     high school within the district;
2141          (iii) consult the Utah Safety Council and the Division of Family Health Services and
2142     provide training to all school children in kindergarten through grade six, within the district, on
2143     school crossing safety and use; and
2144          (iv) help ensure the district's compliance with rules made by the Department of
2145     Transportation under Section 41-6a-303.
2146          (d) The committee may establish subcommittees as needed to assist in accomplishing
2147     its duties under Subsection (17)(c).
2148          (18) (a) A school board shall adopt and implement a comprehensive emergency
2149     response plan to prevent and combat violence in the school board's public schools, on school
2150     grounds, on its school vehicles, and in connection with school-related activities or events.
2151          (b) The plan shall:
2152          (i) include prevention, intervention, and response components;
2153          (ii) be consistent with the student conduct and discipline policies required for school
2154     districts under [Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans] Chapter
2155     11, Part 2, Miscellaneous Requirements;
2156          (iii) require inservice training for all district and school building staff on what their
2157     roles are in the emergency response plan;

2158          (iv) provide for coordination with local law enforcement and other public safety
2159     representatives in preventing, intervening, and responding to violence in the areas and activities
2160     referred to in Subsection (18)(a); and
2161          (v) include procedures to notify a student, to the extent practicable, who is off campus
2162     at the time of a school violence emergency because the student is:
2163          (A) participating in a school-related activity; or
2164          (B) excused from school for a period of time during the regular school day to
2165     participate in religious instruction at the request of the student's parent or guardian.
2166          (c) The State Board of Education, through the state superintendent of public
2167     instruction, shall develop comprehensive emergency response plan models that local school
2168     boards may use, where appropriate, to comply with Subsection (18)(a).
2169          (d) A local school board shall, by July 1 of each year, certify to the State Board of
2170     Education that its plan has been practiced at the school level and presented to and reviewed by
2171     its teachers, administrators, students, and their parents and local law enforcement and public
2172     safety representatives.
2173          (19) (a) A local school board may adopt an emergency response plan for the treatment
2174     of sports-related injuries that occur during school sports practices and events.
2175          (b) The plan may be implemented by each secondary school in the district that has a
2176     sports program for students.
2177          (c) The plan may:
2178          (i) include emergency personnel, emergency communication, and emergency
2179     equipment components;
2180          (ii) require inservice training on the emergency response plan for school personnel who
2181     are involved in sports programs in the district's secondary schools; and
2182          (iii) provide for coordination with individuals and agency representatives who:
2183          (A) are not employees of the school district; and
2184          (B) would be involved in providing emergency services to students injured while
2185     participating in sports events.

2186          (d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
2187     review the plan each year and make revisions when required to improve or enhance the plan.
2188          (e) The State Board of Education, through the state superintendent of public
2189     instruction, shall provide local school boards with an emergency plan response model that local
2190     boards may use to comply with the requirements of this Subsection (19).
2191          (20) A board shall do all other things necessary for the maintenance, prosperity, and
2192     success of the schools and the promotion of education.
2193          (21) (a) Before closing a school or changing the boundaries of a school, a board shall:
2194          (i) hold a public hearing, as defined in Section 10-9a-103; and
2195          (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
2196          (b) The notice of a public hearing required under Subsection (21)(a) shall:
2197          (i) indicate the:
2198          (A) school or schools under consideration for closure or boundary change; and
2199          (B) date, time, and location of the public hearing; and
2200          (ii) at least 10 days before the public hearing, be:
2201          (A) published:
2202          (I) in a newspaper of general circulation in the area; and
2203          (II) on the Utah Public Notice Website created in Section 63F-1-701; and
2204          (B) posted in at least three public locations within the municipality or on the district's
2205     official website.
2206          (22) A board may implement a facility energy efficiency program established under
2207     Title 11, Chapter 44, Performance Efficiency Act.
2208          (23) A board may establish or partner with a certified youth court program, in
2209     accordance with Section 78A-6-1203, or establish or partner with a comparable restorative
2210     justice program, in coordination with schools in that district. A school may refer a student to
2211     youth court or a comparable restorative justice program in accordance with Section
2212     [53A-11-911] 53G-8-211.
2213          Section 44. Section 53G-4-403, which is renumbered from Section 53A-3-403 is

2214     renumbered and amended to read:
2215          [53A-3-403].      53G-4-403. School district fiscal year -- Statistical reports.
2216          (1) A school district's [or charter school's] fiscal year begins on July 1 and ends on June
2217     30.
2218          (2) (a) A school district [or charter school] shall forward statistical reports for the
2219     preceding school year, containing items required by law or by the State Board of Education, to
2220     the state superintendent on or before November 1 of each year.
2221          (b) The reports shall include information to enable the state superintendent to complete
2222     the statement required under Subsection [53A-1-301] 53E-3-301(3)(d)(v).
2223          (3) A school district [or charter school] shall forward the accounting report required
2224     under Section 51-2a-201 to the state superintendent on or before October 15 of each year.
2225          Section 45. Section 53G-4-404, which is renumbered from Section 53A-3-404 is
2226     renumbered and amended to read:
2227          [53A-3-404].      53G-4-404. Annual financial report -- Audit report.
2228          (1) The annual financial report of each school district, containing items required by law
2229     or by the State Board of Education and attested to by independent auditors, shall be prepared as
2230     required by Section 51-2a-201.
2231          (2) If auditors are employed under Section 51-2a-201, the auditors shall complete their
2232     field work in sufficient time to allow them to verify necessary audit adjustments included in the
2233     annual financial report to the state superintendent.
2234          (3) (a) (i) The district shall forward the annual financial report to the state
2235     superintendent not later than October 1.
2236          (ii) The report shall include information to enable the state superintendent to complete
2237     the statement required under Subsection [53A-1-301] 53E-3-301(3)(d)(v).
2238          (b) The State Board of Education shall publish electronically a copy of the report on
2239     the Internet not later than December 15.
2240          (4) The completed audit report shall be delivered to the school district board of
2241     education and the state superintendent of public instruction not later than November 30 of each

2242     year.
2243          Section 46. Section 53G-4-405, which is renumbered from Section 53A-3-405 is
2244     renumbered and amended to read:
2245          [53A-3-405].      53G-4-405. Approval of purchases or indebtedness -- Board
2246     approval of identified purchases.
2247          (1) An officer or employee of a school district may not make a purchase or incur
2248     indebtedness on behalf of the district without the approval and order of the board.
2249          (2) The board shall adopt one of the following approval methods, or a combination of
2250     the two:
2251          (a) The board shall approve an appropriation for identified purchases in the district
2252     budget. Each purchase made under an identified purchase does not require additional board
2253     approval.
2254          (b) The board shall approve individual purchases when made throughout the fiscal
2255     year.
2256          Section 47. Section 53G-4-406, which is renumbered from Section 53A-3-406 is
2257     renumbered and amended to read:
2258          [53A-3-406].      53G-4-406. Claims against the board -- Itemized.
2259          Except for salary which is regularly authorized by the board, the board may not hear or
2260     consider any claim against the board which is not itemized.
2261          Section 48. Section 53G-4-407, which is renumbered from Section 53A-3-408 is
2262     renumbered and amended to read:
2263          [53A-3-408].      53G-4-407. Tax exemption of school board property.
2264          (1) Real and personal property held by a local school board is exempt from general and
2265     special taxation and from local assessments.
2266          (2) This property may not be taken in any manner for debt.
2267          Section 49. Section 53G-4-408, which is renumbered from Section 53A-3-412 is
2268     renumbered and amended to read:
2269          [53A-3-412].      53G-4-408. Residence not condition of employment.

2270          A local school board may not require an employee to reside within its school district as
2271     a condition of employment.
2272          Section 50. Section 53G-4-409, which is renumbered from Section 53A-3-420 is
2273     renumbered and amended to read:
2274          [53A-3-420].      53G-4-409. Activity disclosure statements.
2275          (1) [For a school year beginning with or after the 2012-13 school year, a] A local
2276     school board shall require the development of activity disclosure statements for each
2277     school-sponsored group or program which involves students and faculty in grades 9 through 12
2278     in contests, performances, events, or other activities that require them to miss normal class time
2279     or takes place outside regular school time.
2280          (2) The activity disclosure statements shall be disseminated to the students desiring
2281     involvement in the specific activity or to the students' parents or legal guardians or to both
2282     students and their parents.
2283          (3) An activity disclosure statement shall contain the following information:
2284          (a) the specific name of the team, group, or activity;
2285          (b) the maximum number of students involved;
2286          (c) whether or not tryouts are used to select students, specifying date and time
2287     requirements for tryouts, if applicable;
2288          (d) beginning and ending dates of the activity;
2289          (e) a tentative schedule of the events, performances, games, or other activities with
2290     dates, times, and places specified if available;
2291          (f) if applicable, designation of any nonseason events or activities, including an
2292     indication of the status, required, expected, suggested, or optional, with the dates, times, and
2293     places specified;
2294          (g) personal costs associated with the activity;
2295          (h) the name of the school employee responsible for the activity; and
2296          (i) any additional information considered important for the students and parents to
2297     know.

2298          Section 51. Section 53G-4-410, which is renumbered from Section 53A-3-429 is
2299     renumbered and amended to read:
2300          [53A-3-429].      53G-4-410. Regional service centers.
2301          (1) For purposes of this section, "eligible regional service center" means a regional
2302     service center formed by two or more school districts as an interlocal entity, in accordance with
2303     Title 11, Chapter 13, Interlocal Cooperation Act.
2304          (2) The Legislature strongly encourages school districts to collaborate and cooperate to
2305     provide educational services in a manner that will best utilize resources for the overall
2306     operation of the public education system.
2307          (3) An eligible regional service center formed by an interlocal agreement, in
2308     accordance with Title 11, Chapter 13, Interlocal Cooperation Act, may receive a distribution
2309     described in Subsection (5) if the Legislature appropriates money for eligible regional service
2310     centers.
2311          (4) (a) If local school boards enter into an interlocal agreement to confirm or formalize
2312     a regional service center in operation before July 1, 2011, the interlocal agreement may not
2313     eliminate any rights or obligations of the regional service center in effect before entering into
2314     the interlocal agreement.
2315          (b) An interlocal agreement entered into to confirm or formalize an existing regional
2316     service center shall have the effect of confirming and ratifying in the regional service center,
2317     the title to any property held in the name, or for the benefit of the regional service center as of
2318     the effective date of the interlocal agreement.
2319          (5) (a) The State Board of Education shall distribute any funding appropriated to
2320     eligible regional service centers as provided by the Legislature.
2321          (b) The State Board of Education may provide funding to an eligible regional service
2322     center in addition to legislative appropriations.
2323          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2324     State Board of Education shall make rules regarding eligible regional service centers including:
2325          (a) the distribution of legislative appropriations to eligible regional service centers;

2326          (b) the designation of eligible regional service centers as agents to distribute Utah
2327     Education and Telehealth Network services; and
2328          (c) the designation of eligible regional service centers as agents for regional
2329     coordination of public education and higher education services.
2330          [(7) A public school that is a charter school may enter into a contract with an eligible
2331     regional service center to receive education related services from the eligible regional service
2332     center.]
2333          Section 52. Section 53G-4-411, which is renumbered from Section 53A-3-432 is
2334     renumbered and amended to read:
2335          [53A-3-432].      53G-4-411. Interlocal agreement for public education
2336     transportation services.
2337          (1) In accordance with Title 11, Chapter 13, Interlocal Cooperation Act, at least two
2338     school districts may, for the purpose of coordinating public education transportation services:
2339          (a) create an interlocal entity as defined in Section 11-13-103 if the school districts
2340     establish an interlocal entity governing board as described in Subsection (2); or
2341          (b) enter into a joint or cooperative undertaking as described in Section 11-13-207 if
2342     the school districts establish a joint board as described in Subsection (2).
2343          (2) A governing board described in Subsection (1)(a) or a joint board described in
2344     Subsection (1)(b) shall consist of:
2345          (a) at least one elected member of a local school board from each school district that
2346     creates the interlocal entity or enters into the joint or cooperative undertaking; and
2347          (b) only elected members of the local school boards of the school districts that create
2348     the interlocal entity or enter into the joint or cooperative undertaking.
2349          Section 53. Section 53G-4-501 is enacted to read:
2350     
Part 5. Utah School Boards Association

2351          53G-4-501. Definitions.
2352          Reserved
2353          Section 54. Section 53G-4-502, which is renumbered from Section 53A-5-101 is

2354     renumbered and amended to read:
2355          [53A-5-101].      53G-4-502. Utah School Boards Association.
2356          The Utah School Boards Association is recognized as an organization and agency of the
2357     school boards of Utah and is representative of those boards.
2358          Section 55. Section 53G-4-503, which is renumbered from Section 53A-5-102 is
2359     renumbered and amended to read:
2360          [53A-5-102].      53G-4-503. Boards of education authorized to become
2361     members of association.
2362          The State Board of Education, local school boards, and their agencies may become
2363     members of the Utah School Boards Association and cooperate with the association and its
2364     members on activities and problems relating to the state's educational system.
2365          Section 56. Section 53G-4-504, which is renumbered from Section 53A-5-103 is
2366     renumbered and amended to read:
2367          [53A-5-103].      53G-4-504. Payment of dues -- Expenses in attending
2368     meetings -- Contributions.
2369          (1) Member boards may pay dues and make other contributions to the association for
2370     its educational activities.
2371          (2) They may also incur reasonable travel and subsistence expenses for the purpose of
2372     attending meetings and conferences of the association.
2373          (3) Dues and contributions expenses shall be paid in the same manner as are other
2374     expenses of the member boards.
2375          Section 57. Section 53G-4-601 is enacted to read:
2376     
Part 6. School District Indebtedness

2377          53G-4-601. Definitions.
2378          Reserved
2379          Section 58. Section 53G-4-602, which is renumbered from Section 53A-18-101 is
2380     renumbered and amended to read:
2381          [53A-18-101].      53G-4-602. School district tax anticipation notes.

2382          (1) A local school board may borrow money in anticipation of the collection of taxes or
2383     other revenue of the school district so long as it complies with Title 11, Chapter 14, Local
2384     Government Bonding Act.
2385          (2) The board may incur indebtedness under this section for any purpose for which
2386     district funds may be expended, but not in excess of the estimated district revenues for the
2387     current school year.
2388          (3) Revenues include all revenues of the district from the state or any other source.
2389          (4) The district may incur the indebtedness prior to imposing or collecting the taxes or
2390     receiving the revenues. The indebtedness bears interest at the lowest obtainable rate or rates.
2391          Section 59. Section 53G-4-603, which is renumbered from Section 53A-18-102 is
2392     renumbered and amended to read:
2393          [53A-18-102].      53G-4-603. Additional indebtedness -- Election -- Voter
2394     information pamphlet.
2395          (1) As used in this section:
2396          (a) "Qualifying general obligation bond" means a bond:
2397          (i) issued pursuant to Title 11, Chapter 14, Local Government Bonding Act; and
2398          (ii) authorized by an election held on or after July 1, 2014.
2399          (b) "Voter information pamphlet" means the notification required by Section
2400     11-14-202.
2401          (2) A local school board may require the qualified electors of the district to vote on a
2402     proposition as to whether to incur indebtedness, subject to conditions provided in Title 11,
2403     Chapter 14, Local Government Bonding Act, if:
2404          (a) the debts of the district are equal to school taxes and other estimated revenues for
2405     the school year, and it is necessary to create and incur additional indebtedness in order to
2406     maintain and support schools within the district; or
2407          (b) the local school board determines it advisable to issue school district bonds to
2408     purchase school sites, buildings, or furnishings or to improve existing school property.
2409          (3) A local school board shall specify, in the voter information pamphlet for a bond

2410     election, a plan of finance, including:
2411          (a) the specific project or projects for which a bond is to be issued; and
2412          (b) a priority designation for each project.
2413          (4) Except as provided in Subsection (5), a local school board shall ensure that
2414     qualifying general obligation bond proceeds are used to complete projects in accordance with
2415     the plan of finance described in Subsection (3).
2416          (5) (a) After distribution to the public of the voter information pamphlet, with
2417     two-thirds majority approval of the local school board, a local school board may upon a
2418     determination of compelling circumstances adjust the plan of finance described in Subsection
2419     (3) by:
2420          (i) changing the priority designation of a project;
2421          (ii) adding a project that was not listed in the voter information pamphlet; or
2422          (iii) removing a project that was listed in the voter information pamphlet.
2423          (b) A local school board may not vote on more than one adjustment described in
2424     Subsection (5)(a) per meeting.
2425          (6) For a qualifying general obligation bond, a local school board shall post on the
2426     local school board's website:
2427          (a) the plan of finance as described in the voter information pamphlet; and
2428          (b) a progress report detailing the status of the projects listed in the plan of finance,
2429     including:
2430          (i) the status of any construction contracts related to a project;
2431          (ii) the bid amount;
2432          (iii) the estimated and actual construction start date;
2433          (iv) the estimated and actual construction end date; and
2434          (v) the final cost.
2435          (7) (a) If a local school board violates Subsection (4), a registered voter in the school
2436     district may file an action for an extraordinary writ to prohibit the local school board from
2437     adjusting the plan of finance without obtaining the necessary local school board approval.

2438          (b) If a registered voter prevails in an action under Subsection (7)(a), the court shall
2439     award reasonable costs and attorney fees to the registered voter.
2440          (c) The action described in Subsection (7)(a) may not be used to challenge the validity
2441     of a bond.
2442          Section 60. Section 53G-4-604, which is renumbered from Section 53A-18-103 is
2443     renumbered and amended to read:
2444          [53A-18-103].      53G-4-604. Consolidated school district bonds.
2445          (1) A consolidated county school district may issue bonds, without an election, to fund,
2446     purchase, or redeem the district's outstanding indebtedness if the debt was incurred prior to
2447     consolidation and assumed by the consolidated school district.
2448          (2) The legality, regularity, and validity of the outstanding indebtedness shall be
2449     determined in the same manner used to determine the validity of other bonds to be refunded by
2450     the board.
2451          Section 61. Section 53G-4-605, which is renumbered from Section 53A-18-104 is
2452     renumbered and amended to read:
2453          [53A-18-104].      53G-4-605. Testing validity of bonds to be refunded --
2454     Procedure.
2455          If considered advisable by the local school board, the validity of any bonds intended to
2456     be refunded may be determined in the following manner:
2457          (1) The board shall:
2458          (a) publish a notice describing with sufficient particularity for identification the bond
2459     or bonds intended to be refunded:
2460          (i) once a week for two successive weeks in a newspaper published in the school
2461     district; and
2462          (ii) as required in Section 45-1-101; and
2463          (b) post a notice for two successive weeks in three public and conspicuous places
2464     describing with sufficient particularity for identification the bond or bonds intended to be
2465     refunded.

2466          (2) The notice shall require any person objecting to the legality, regularity, or validity
2467     of the bonds, their issue or sale, or the indebtedness represented by the bonds, to appear before
2468     the board at a specified place within the district on a specified day and time.
2469          (3) The time may not be less than 14 nor more than 60 days after the first publication
2470     or posting of the notice.
2471          (4) The notice shall require the person to appear at the meeting with his objections in
2472     writing, duly verified.
2473          (5) The board shall convene at the time and place specified in the notice and receive all
2474     objections as prescribed in Subsection (4).
2475          (6) The objections shall be filed with and preserved by the board.
2476          (7) If no written objections are presented at the time and place specified in the notice,
2477     the board shall so certify.
2478          (8) All persons are then prohibited from questioning in any manner or proceeding the
2479     legality, regularity, or validity of the bond or bonds, their issue or sale, or the indebtedness
2480     represented by the bonds, and the board may then refund the bonds.
2481          (9) Any person filing a written objection under Subsection (4) shall, within 20 days
2482     after the filing, commence appropriate legal proceedings against the board and others as may be
2483     proper parties, in the district court for the county in which the school district is situated, to
2484     challenge and determine the legality, regularity, and validity of the bond or bonds, their issue
2485     and sale, or the indebtedness represented by them.
2486          (10) Failure to commence the proceedings within 20 days bars the person filing
2487     objections from questioning, in any manner or proceeding, the legality, regularity, or validity of
2488     the bond or bonds, their issue or sale, or the indebtedness represented by the bonds.
2489          (11) Upon proof of failure to commence proceedings, by certificate of the clerk of the
2490     court, the board may refund the bonds.
2491          Section 62. Section 53G-4-606, which is renumbered from Section 53A-18-105 is
2492     renumbered and amended to read:
2493          [53A-18-105].      53G-4-606. Sinking fund -- Investment.

2494          (1) The money levied and collected to create a sinking fund for the redemption of
2495     bonds issued by a local school board shall be immediately credited to a special fund.
2496          (2) After retaining an amount sufficient to pay the principal of the bonds maturing
2497     during the year, the board shall invest the fund and any surplus as provided under Title 51,
2498     Chapter 7, State Money Management Act.
2499          Section 63. Section 53G-4-607, which is renumbered from Section 53A-18-106 is
2500     renumbered and amended to read:
2501          [53A-18-106].      53G-4-607. Bonds a lien on property -- Levy of tax to pay
2502     bonds.
2503          (1) Bonds issued under this [chapter] part are a lien upon the taxable property of the
2504     school district issuing them.
2505          (2) If the local school board neglects or refuses to cause a tax to be levied in
2506     accordance with law to meet the outstanding bonds or the interest on the bonds, the county
2507     legislative body of the county in which the district is located shall levy the tax and apply the
2508     money collected to the payment of the bonds and the interest.
2509          Section 64. Section 53G-4-608, which is renumbered from Section 53A-18-107 is
2510     renumbered and amended to read:
2511          [53A-18-107].      53G-4-608. Requirement to conduct seismic safety
2512     evaluations when issuing a bond.
2513          (1) As used in this section:
2514          (a) "Federal guidelines" means guidelines and procedures specified in "Rapid Visual
2515     Screening of Buildings for Potential Seismic Hazards: A Handbook, 2nd Edition" published by
2516     the United States Federal Emergency Management Agency.
2517          (b) "Qualifying general obligation bond" means a bond:
2518          (i) issued pursuant to Title 11, Chapter 14, Local Government Bonding Act; and
2519          (ii) authorized by an election held on or after July 1, 2013.
2520          (c) "Seismic safety evaluation" means a seismic safety rapid visual screening evaluated
2521     in accordance with federal guidelines or a more detailed seismic structural evaluation.

2522          (2) If a school district issues a qualifying general obligation bond, the school district
2523     shall:
2524          (a) except as provided in Subsection (4), conduct or update a seismic safety evaluation
2525     of each school district building:
2526          (i) constructed before 1975; and
2527          (ii) used by the school district as a school; and
2528          (b) provide a copy of a seismic safety evaluation prepared under Subsection (2)(a) to
2529     the Utah Seismic Safety Commission created in Section 63C-6-101.
2530          (3) A seismic safety evaluation conducted under Subsection (2) shall be conducted by a
2531     licensed structural engineer familiar with seismic codes.
2532          (4) A school district is not required to conduct or update a seismic safety evaluation of
2533     a building as required in Subsection (2)(a) if:
2534          (a) a seismic safety evaluation was performed on the building within the 25-year period
2535     before the school district issues the qualifying general obligation bond; and
2536          (b) the school district provides a copy of the school district's seismic safety evaluation
2537     described in Subsection (4)(a) to the Utah Seismic Safety Commission.
2538          (5) Creation of a seismic safety evaluation of a school, or a list of schools needing
2539     seismic upgrades, shall not be construed as expanding or changing the state's or a school
2540     district's common law duty of care for liability purposes.
2541          Section 65. Section 53G-4-701 is enacted to read:
2542     
Part 7. Local School Board Building Reserve Fund

2543          53G-4-701. Definitions.
2544          Reserved
2545          Section 66. Section 53G-4-702, which is renumbered from Section 53A-23-101 is
2546     renumbered and amended to read:
2547          [53A-23-101].      53G-4-702. School board reserve fund.
2548          Each local school board may establish and maintain a reserve fund to accumulate funds
2549     to meet the capital outlay costs of the school district, including costs for planning, constructing,

2550     replacing, improving, equipping, and furnishing school buildings and purchasing school sites.
2551          Section 67. Section 53G-4-703, which is renumbered from Section 53A-23-102 is
2552     renumbered and amended to read:
2553          [53A-23-102].      53G-4-703. Revenues to be allocated to fund.
2554          A local school board may annually allocate to the fund any revenues from the state
2555     which are made available for capital outlay purposes, and not otherwise earmarked, and such
2556     other revenues as the school district may raise locally for this purpose.
2557          Section 68. Section 53G-4-704, which is renumbered from Section 53A-23-103 is
2558     renumbered and amended to read:
2559          [53A-23-103].      53G-4-704. Building Reserve Fund -- Investment of fund.
2560          (1) The fund shall be known as the Building Reserve Fund of _________ (name of
2561     school district) School District.
2562          (2) Any interest or capital gains accrue to the benefit of the fund.
2563          (3) The fund may only be invested as provided in Title 51, Chapter 7, State Money
2564     Management Act of 1974.
2565          Section 69. Section 53G-4-705, which is renumbered from Section 53A-23-104 is
2566     renumbered and amended to read:
2567          [53A-23-104].      53G-4-705. Accumulations -- Expenditures from fund --
2568     Public notice -- Transfer to other funds.
2569          (1) The money in the fund shall accumulate from year to year.
2570          (2) However, the local school board may make expenditures from the fund if public
2571     notice is given stating the purpose for which the expenditures are to be made.
2572          (3) The procedure for giving public notice is set forth in Section [53A-19-102]
2573     53G-7-303.
2574          (4) Expenditures shall be made for capital outlay costs only.
2575          (5) Money in the fund at the end of the year shall remain intact and may not be
2576     transferred to any other fund or used for any other purpose.
2577          Section 70. Section 53G-4-801, which is renumbered from Section 53A-28-102 is

2578     renumbered and amended to read:
2579     
Part 8. School District Bond Guaranty

2580          [53A-28-102].      53G-4-801. Definitions.
2581          (1) "Board" means the board of education of a school district existing now or later
2582     under the laws of the state.
2583          (2) "Bond" means any general obligation bond or refunding bond issued after the
2584     effective date of this [chapter] part.
2585          (3) "Default avoidance program" means the school bond guaranty program established
2586     by this [chapter] part.
2587          (4) "General obligation bond" means any bond, note, warrant, certificate of
2588     indebtedness, or other obligation of a board payable in whole or in part from revenues derived
2589     from ad valorem taxes and that constitutes an indebtedness within the meaning of any
2590     applicable constitutional or statutory debt limitation.
2591          (5) "Paying agent" means the corporate paying agent selected by the board for a bond
2592     issue who is:
2593          (a) duly qualified; and
2594          (b) acceptable to the state treasurer.
2595          (6) "Permanent school fund" means the state school fund described in the Utah
2596     Constitution, Article X, Section 5(1).
2597          (7) "Refunding bond" means any general obligation bond issued by a board for the
2598     purpose of refunding its outstanding general obligation bonds.
2599          (8) "School district" means any school district existing now or later under the laws of
2600     the state.
2601          Section 71. Section 53G-4-802, which is renumbered from Section 53A-28-201 is
2602     renumbered and amended to read:
2603          [53A-28-201].      53G-4-802. Contract with bondholders -- Full faith and
2604     credit of state is pledged -- Limitation as to certain refunded bonds.
2605          (1) (a) The state of Utah pledges to and agrees with the holders of any bonds that the

2606     state will not alter, impair, or limit the rights vested by the default avoidance program with
2607     respect to the bonds until the bonds, together with applicable interest, are fully paid and
2608     discharged.
2609          (b) Notwithstanding Subsection (1)(a), nothing contained in this [chapter] part
2610     precludes an alteration, impairment, or limitation if adequate provision is made by law for the
2611     protection of the holders of the bonds.
2612          (c) Each board may refer to this pledge and undertaking by the state in its bonds.
2613          (2) (a) The full faith and credit and unlimited taxing power of the state is pledged to
2614     guarantee full and timely payment of the principal of (either at the stated maturity or by any
2615     advancement of maturity pursuant to a mandatory sinking fund payment) and interest on, bonds
2616     as such payments shall become due (except that in the event of any acceleration of the due date
2617     of such principal by reason of mandatory or optional redemption or acceleration resulting from
2618     default of otherwise, other than any advancement of maturity pursuant to a mandatory sinking
2619     fund payment, the payments guaranteed shall be made in such amounts and at such times as
2620     such payments of principal would have been due had there not been any such acceleration).
2621          (b) This guaranty does not extend to the payment of any redemption premium.
2622          (c) Reference to this [chapter] part by its title on the face of any bond conclusively
2623     establishes the guaranty provided to that bond under provisions of this [chapter] part.
2624          (3) (a) Any bond guaranteed under this [chapter] part that is refunded and considered
2625     paid for the purposes of and within the meaning of Subsection 11-27-3(6), no longer has the
2626     benefit of the guaranty provided by this [chapter] part from and after the date on which that
2627     bond was considered to be paid.
2628          (b) Any refunding bond issued by a board that is itself secured by government
2629     obligations until the proceeds are applied to pay refunded bonds, as provided in Title 11,
2630     Chapter 27, Utah Refunding Bond Act, is not guaranteed under the provisions of this [chapter]
2631     part, until the refunding bonds cease to be secured by government obligations as provided in
2632     Title 11, Chapter 27, Utah Refunding Bond Act.
2633          (4) Only validly issued bonds issued after the effective date of this [chapter] part are

2634     guaranteed under this [chapter] part.
2635          Section 72. Section 53G-4-803, which is renumbered from Section 53A-28-202 is
2636     renumbered and amended to read:
2637          [53A-28-202].      53G-4-803. Program eligibility -- Option to forego guaranty.
2638          (1) (a) Any board may request that the state treasurer issue a certificate evidencing
2639     eligibility for the state's guaranty under this [chapter] part.
2640          (b) After reviewing the request, if the state treasurer determines that the board is
2641     eligible, the state treasurer shall promptly issue the certificate and provide it to the requesting
2642     board.
2643          (c) (i) The board receiving the certificate and all other persons may rely on the
2644     certificate as evidencing eligibility for the guaranty for one year from and after the date of the
2645     certificate, without making further inquiry of the state treasurer during that year.
2646          (ii) The certificate of eligibility is valid for one year even if the state treasurer later
2647     determines that the school board is ineligible.
2648          (2) Any board that chooses to forego the benefits of the guaranty provided by this
2649     [chapter] part for a particular issue of bonds may do so by not referring to this [chapter] part on
2650     the face of its bonds.
2651          (3) Any board that has bonds, the principal of or interest on which has been paid, in
2652     whole or in part, by the state under this [chapter] part may not issue any additional bonds
2653     guaranteed by this act until:
2654          (a) all payment obligations of the board to the state under the default avoidance
2655     program are satisfied; and
2656          (b) the state treasurer and the state superintendent of public instruction each certify in
2657     writing, to be kept on file by the state treasurer and the state superintendent, that the board is
2658     fiscally solvent.
2659          (4) Bonds not guaranteed by this [chapter] part are not included in the definition of
2660     "bonds" in Section [53A-28-201] 53G-4-802 as used generally in this [chapter] part and are not
2661     subject to the requirements of and do not receive the benefits of this [chapter] part.

2662          Section 73. Section 53G-4-804, which is renumbered from Section 53A-28-203 is
2663     renumbered and amended to read:
2664          [53A-28-203].      53G-4-804. Fiscal solvency of school districts -- Duties of
2665     state treasurer and attorney general.
2666          (1) The state superintendent of public instruction shall:
2667          (a) monitor the financial affairs and condition of each board in the state to evaluate
2668     each school board's financial solvency; and
2669          (b) report immediately to the governor and state treasurer any circumstances suggesting
2670     that a school district will be unable to timely meet its debt service obligations and recommend
2671     a course of remedial action.
2672          (2) (a) The state treasurer shall determine whether or not the financial affairs and
2673     condition of a board are such that it would be imprudent for the state to guarantee the bonds of
2674     that board.
2675          (b) If the state treasurer determines that the state should not guarantee the bonds of that
2676     board, the state treasurer shall:
2677          (i) prepare a determination of ineligibility; and
2678          (ii) keep it on file in the office of the state treasurer.
2679          (c) The state treasurer may remove a board from the status of ineligibility when a
2680     subsequent report or other information made available to the state treasurer evidences that it is
2681     no longer imprudent for the state to guarantee the bonds of that board.
2682          (3) Nothing in this section affects the state's guaranty of bonds of a board issued:
2683          (a) before determination of ineligibility;
2684          (b) after the eligibility of the board is restored; or
2685          (c) under a certificate of eligibility issued under Section [53A-28-202] 53G-4-803.
2686          Section 74. Section 53G-4-805, which is renumbered from Section 53A-28-301 is
2687     renumbered and amended to read:
2688          [53A-28-301].      53G-4-805. Business administrator duties -- Paying agent to
2689     provide notice -- State treasurer to execute transfer to paying agents -- Effect of transfer.

2690          (1) (a) The business administrator of each board with outstanding, unpaid bonds shall
2691     transfer money sufficient for the scheduled debt service payment to its paying agent at least 15
2692     days before any principal or interest payment date for the bonds.
2693          (b) The paying agent may, if instructed to do so by the business administrator, invest
2694     the money at the risk and for the benefit of the board until the payment date.
2695          (c) A business administrator who is unable to transfer the scheduled debt service
2696     payment to the paying agent 15 days before the payment date shall immediately notify the
2697     paying agent and the state treasurer by:
2698          (i) telephone;
2699          (ii) a writing sent by facsimile transmission; and
2700          (iii) a writing sent by first-class United States mail.
2701          (2) If sufficient funds are not transferred to the paying agent as required by Subsection
2702     (1), the paying agent shall notify the state treasurer of that failure in writing at least 10 days
2703     before the scheduled debt service payment date by:
2704          (a) telephone;
2705          (b) a writing sent by facsimile transmission; and
2706          (c) a writing sent by first-class United States mail.
2707          (3) (a) If sufficient money to pay the scheduled debt service payment has not been
2708     transferred to the paying agent, the state treasurer shall, on or before the scheduled payment
2709     date, transfer sufficient money to the paying agent to make the scheduled debt service payment.
2710          (b) The payment by the treasurer:
2711          (i) discharges the obligation of the issuing board to its bondholders for the payment;
2712     and
2713          (ii) transfers the rights represented by the general obligation of the board from the
2714     bondholders to the state.
2715          (c) The board shall pay the transferred obligation to the state as provided in this
2716     [chapter] part.
2717          Section 75. Section 53G-4-806, which is renumbered from Section 53A-28-302 is

2718     renumbered and amended to read:
2719          [53A-28-302].      53G-4-806. State financial assistance intercept mechanism --
2720     State treasurer duties -- Interest and penalty provisions.
2721          (1) (a) If one or more payments on bonds are made by the state treasurer as provided in
2722     Section [53A-28-301] 53G-4-805, the state treasurer shall:
2723          (i) immediately intercept any payments from the Uniform School Fund or from any
2724     other source of operating money provided by the state to the board that issued the bonds that
2725     would otherwise be paid to the board by the state; and
2726          (ii) apply the intercepted payments to reimburse the state for payments made pursuant
2727     to the state's guaranty until all obligations of the board to the state arising from those payments,
2728     including interest and penalties, are paid in full.
2729          (b) The state has no obligation to the board or to any person or entity to replace any
2730     money intercepted under authority of Subsection (1)(a).
2731          (2) The board that issued bonds for which the state has made all or part of a debt
2732     service payment shall:
2733          (a) reimburse all money drawn by the state treasurer on its behalf;
2734          (b) pay interest to the state on all money paid by the state from the date the money was
2735     drawn to the date they are repaid at a rate not less than the average prime rate for national
2736     money center banks plus 1%; and
2737          (c) pay all penalties required by this [chapter] part.
2738          (3) (a) The state treasurer shall establish the reimbursement interest rate after
2739     considering the circumstances of any prior draws by the board on the state, market interest and
2740     penalty rates, and the cost of funds, if any, that were required to be borrowed by the state to
2741     make payment on the bonds.
2742          (b) The state treasurer may, after considering the circumstances giving rise to the
2743     failure of the board to make payment on its bonds in a timely manner, impose on the board a
2744     penalty of not more than 5% of the amount paid by the state pursuant to its guaranty for each
2745     instance in which a payment by the state is made.

2746          (4) (a) (i) If the state treasurer determines that amounts obtained under this section will
2747     not reimburse the state in full within one year from the state's payment of a board's scheduled
2748     debt service payment, the state treasurer shall pursue any legal action, including mandamus,
2749     against the board to compel it to:
2750          (A) levy and provide property tax revenues to pay debt service on its bonds when due
2751     as required by Title 11, Chapter 14, Local Government Bonding Act; and
2752          (B) meet its repayment obligations to the state.
2753          (ii) In pursuing its rights under this Subsection (4)(a), the state shall have the same
2754     substantive and procedural rights under Title 11, Chapter 14, Local Government Bonding Act,
2755     as would a holder of the bonds of a board.
2756          (b) The attorney general shall assist the state treasurer in these duties.
2757          (c) The board shall pay the attorney's fees, expenses, and costs of the state treasurer and
2758     the attorney general.
2759          (5) (a) Except as provided in Subsection (5)(c), any board whose operating funds were
2760     intercepted under this section may replace those funds from other board money or from ad
2761     valorem property taxes, subject to the limitations provided in this Subsection (5).
2762          (b) A board may use ad valorem property taxes or other money to replace intercepted
2763     funds only if the ad valorem property taxes or other money was derived from:
2764          (i) taxes originally levied to make the payment but which were not timely received by
2765     the board;
2766          (ii) taxes from a special levy made to make the missed payment or to replace the
2767     intercepted money;
2768          (iii) money transferred from the capital outlay fund of the board or the undistributed
2769     reserve, if any, of the board; or
2770          (iv) any other source of money on hand and legally available.
2771          (c) Notwithstanding the provisions of Subsections (5)(a) and (b), a board may not
2772     replace operating funds intercepted by the state with money collected and held to make
2773     payments on bonds if that replacement would divert money from the payment of future debt

2774     service on the bonds and increase the risk that the state's guaranty would be called upon a
2775     second time.
2776          Section 76. Section 53G-4-807, which is renumbered from Section 53A-28-401 is
2777     renumbered and amended to read:
2778          [53A-28-401].      53G-4-807. Backup liquidity arrangements -- Issuance of
2779     notes.
2780          (1) (a) If, at the time the state is required to make a debt service payment under its
2781     guaranty on behalf of a board, sufficient money of the state is not on hand and available for that
2782     purpose, the state treasurer may:
2783          (i) seek a loan from the Permanent School Fund sufficient to make the required
2784     payment; or
2785          (ii) issue state debt as provided in Subsection (2).
2786          (b) Nothing in this Subsection (1) requires the Permanent School Fund to lend money
2787     to the state treasurer.
2788          (2) (a) The state treasurer may issue state debt in the form of general obligation notes
2789     to meet its obligations under this [chapter] part.
2790          (b) The amount of notes issued may not exceed the amount necessary to make payment
2791     on all bonds with respect to which the notes are issued plus all costs of issuance, sale, and
2792     delivery of the notes, rounded up to the nearest natural multiple of $5,000.
2793          (c) Each series of notes issued may not mature later than 18 months from the date the
2794     notes are issued.
2795          (d) Notes issued may be refunded using the procedures set forth in this [chapter] part
2796     for the issuance of notes, in an amount not more than the amount necessary to pay principal of
2797     and accrued but unpaid interest on any refunded notes plus all costs of issuance, sale, and
2798     delivery of the refunding notes, rounded up to the nearest natural multiple of $5,000.
2799          (e) Each series of refunding notes may not mature later than 18 months from the date
2800     the refunding notes are issued.
2801          (3) (a) Before issuing or selling any general obligation note to other than a state fund or

2802     account, the state treasurer shall:
2803          (i) prepare a written plan of financing; and
2804          (ii) file it with the governor.
2805          (b) The plan of financing shall provide for:
2806          (i) the terms and conditions under which the notes will be issued, sold, and delivered;
2807          (ii) the taxes or revenues to be anticipated;
2808          (iii) the maximum amount of notes that may be outstanding at any one time under the
2809     plan of financing;
2810          (iv) the sources of payment of the notes;
2811          (v) the rate or rates of interest, if any, on the notes or a method, formula, or index under
2812     which the interest rate or rates on the notes may be determined during the time the notes are
2813     outstanding; and
2814          (vi) all other details relating to the issuance, sale, and delivery of the notes.
2815          (c) In identifying the taxes or revenues to be anticipated and the sources of payment of
2816     the notes in the financing plan, the state treasurer may include:
2817          (i) the taxes authorized by Section [53A-28-402] 53G-4-808;
2818          (ii) the intercepted revenues authorized by Section [53A-28-302] 53G-4-806;
2819          (iii) the proceeds of refunding notes; or
2820          (iv) any combination of Subsections (3)(c)(i), (ii), and (iii).
2821          (d) The state treasurer may include in the plan of financing the terms and conditions of
2822     arrangements entered into by the state treasurer on behalf of the state with financial and other
2823     institutions for letters of credit, standby letters of credit, reimbursement agreements, and
2824     remarketing, indexing, and tender agent agreements to secure the notes, including payment
2825     from any legally available source of fees, charges, or other amounts coming due under the
2826     agreements entered into by the state treasurer.
2827          (e) When issuing the notes, the state treasurer shall issue an order setting forth the
2828     interest, form, manner of execution, payment, manner of sale, prices at, above, or below face
2829     value, and all details of issuance of the notes.

2830          (f) The order and the details set forth in the order shall conform with any applicable
2831     plan of financing and with this [chapter] part.
2832          (g) (i) Each note shall recite that it is a valid obligation of the state and that the full
2833     faith, credit, and resources of the state are pledged for the payment of the principal of and
2834     interest on the note from the taxes or revenues identified in accordance with its terms and the
2835     constitution and laws of Utah.
2836          (ii) These general obligation notes do not constitute debt of the state for the purposes of
2837     the 1.5% debt limitation of the Utah Constitution, Article XIV, Section 1.
2838          (h) Immediately upon the completion of any sale of notes, the state treasurer shall:
2839          (i) make a verified return of the sale to the state auditor, specifying the amount of notes
2840     sold, the persons to whom the notes were sold, and the price, terms, and conditions of the sale;
2841     and
2842          (ii) credit the proceeds of sale, other than accrued interest and amounts required to pay
2843     costs of issuance of the notes, to the General Fund to be applied to the purpose for which the
2844     notes were issued.
2845          Section 77. Section 53G-4-808, which is renumbered from Section 53A-28-402 is
2846     renumbered and amended to read:
2847          [53A-28-402].      53G-4-808. Unlimited ad valorem tax as pledge of full faith
2848     and credit -- State Tax Commission duties -- Property tax abated.
2849          (1) (a) In each year after the issuance of general obligation notes under this [chapter]
2850     part and until all outstanding notes are retired, there is levied a direct annual tax on all real and
2851     personal property within the state subject to state taxation, sufficient to pay all principal of and
2852     interest on the general obligation notes as they become due.
2853          (b) If money expected to be intercepted under Section [53A-28-302] 53G-4-806 is
2854     expected to be insufficient to reimburse the state for its payments of school districts' scheduled
2855     debt service payments or if it is necessary for the state treasurer to borrow as provided in
2856     Section [53A-28-401] 53G-4-807 and amounts to be intercepted under Section [53A-28-302]
2857     53G-4-806 are expected to be insufficient to timely pay the general obligation notes issued or

2858     other borrowing undertaken under that section, the state treasurer shall certify to and give
2859     notice to the state tax commission of the amount of the deficiency.
2860          (c) After receipt of that certified notice from the state treasurer, the state tax
2861     commission shall:
2862          (i) immediately fix the tax rate necessary and levy direct ad valorem property tax on all
2863     real and personal property in the state subject to state taxation sufficient to provide money in
2864     the amount of the deficiency stated in the notice; and
2865          (ii) require that the tax be collected and remitted as soon as may be in the ordinary
2866     course of ad valorem tax levy and collection.
2867          (2) To the extent that other legally available revenues and funds of the state are
2868     sufficient to meet the certified deficiency, the property tax for this purpose is abated.
2869          Section 78. Section 53G-4-901, which is renumbered from Section 53A-2-402 is
2870     renumbered and amended to read:
2871     
Part 9. Surplus School District Land

2872          [53A-2-402].      53G-4-901. Definitions.
2873          As used in this part:
2874          (1) "Eligible entity" means:
2875          (a) a city or town with a population density of 3,000 or more people per square mile; or
2876          (b) a county whose unincorporated area includes a qualifying planning advisory area.
2877          (2) "Purchase price" means the greater of:
2878          (a) an amount that is the average of:
2879          (i) the appraised value of the surplus property, based on the predominant zone in the
2880     surrounding area, as indicated in an appraisal obtained by the eligible entity; and
2881          (ii) the appraised value of the surplus property, based on the predominant zone in the
2882     surrounding area, as indicated in an appraisal obtained by the school district; and
2883          (b) the amount the school district paid to acquire the surplus property.
2884          (3) "Qualifying planning advisory area" means a planning advisory area under Section
2885     17-27a-306 that has a population density of 3,000 or more people per square mile within the

2886     boundaries of the planning advisory area.
2887          (4) "Surplus property" means land owned by a school district that:
2888          (a) was purchased with taxpayer money;
2889          (b) is located within a city or town that is an eligible entity or within a qualifying
2890     planning advisory area;
2891          (c) consists of one contiguous tract at least three acres in size; and
2892          (d) has been declared by the school district to be surplus.
2893          Section 79. Section 53G-4-902, which is renumbered from Section 53A-2-403 is
2894     renumbered and amended to read:
2895          [53A-2-403].      53G-4-902. Purchase of surplus property.
2896          (1) An eligible entity may purchase, and each school district shall sell, surplus property
2897     as provided in this section.
2898          (2) (a) Upon declaring land to be surplus property, each school district shall give
2899     written notice to each eligible entity in which the surplus property is located.
2900          (b) Each notice under Subsection (2)(a) shall:
2901          (i) state that the school district has declared the land to be surplus property; and
2902          (ii) describe the surplus property.
2903          (3) Subject to Subsection (4), an eligible entity may purchase the surplus property by
2904     paying the school district the purchase price.
2905          (4) (a) The legislative body of each eligible entity desiring to purchase surplus property
2906     under this section shall:
2907          (i) within 90 days after the eligible entity receives notice under Subsection (2), adopt a
2908     resolution declaring the intent to purchase the surplus property and deliver a copy of the
2909     resolution to the school district; and
2910          (ii) within 90 days after delivering a copy of the resolution under Subsection (4)(a)(i)
2911     to the school district, deliver to the school district an earnest money offer to purchase the
2912     surplus property at the purchase price.
2913          (b) If an eligible entity fails to comply with either of the requirements under Subsection

2914     (4)(a) within the applicable time period, the eligible entity forfeits the right to purchase the
2915     surplus property.
2916          (5) (a) An eligible entity may waive its right to purchase surplus property under this
2917     part by submitting a written waiver to the school district.
2918          (b) If an eligible entity submits a waiver under Subsection (5)(a), the school district has
2919     no further obligation under this part to sell the surplus property to the eligible entity.
2920          (6) Surplus property acquired by an eligible entity may not be used for any purpose
2921     other than:
2922          (a) a county, city, or town hall;
2923          (b) a park or other open space;
2924          (c) a cultural center or community center;
2925          (d) a facility for the promotion, creation, or retention of public or private jobs within
2926     the state through planning, design, development, construction, rehabilitation, business
2927     relocation, or any combination of these, within a county, city, or town;
2928          (e) office, industrial, manufacturing, warehousing, distribution, parking, or other public
2929     or private facilities, or other improvements that benefit the state or a county, city, or town; or
2930          (f) a facility for a charter school under Chapter [1a, Part 5, The Utah Charter Schools
2931     Act] 5, Charter Schools.
2932          (7) (a) A school district that sells surplus property under this part may use proceeds
2933     from the sale only for bond debt reduction or school district capital facilities.
2934          (b) Each school district that sells surplus property under this part shall place all
2935     proceeds from the sale that are not used for bond debt reduction in a capital facilities fund of
2936     the school district for use for school district capital facilities.
2937          Section 80. Section 53G-4-903, which is renumbered from Section 53A-2-404 is
2938     renumbered and amended to read:
2939          [53A-2-404].      53G-4-903. Resale of surplus property.
2940          (1) If an eligible entity that has acquired surplus property under Section [53A-2-403]
2941     53G-4-902 afterwards declares that property to be surplus, the school district from which the

2942     eligible entity acquired the property may purchase, and the eligible entity shall sell, the property
2943     as provided in Section [53A-2-403] 53G-4-902, except that the price at which the school
2944     district shall be entitled to reacquire the property shall be the price that the eligible entity paid
2945     for the property, plus the cost of any existing improvements that the eligible entity made to the
2946     property after it purchased the property.
2947          (2) If the school district does not reacquire the surplus property under Subsection (1)
2948     and the eligible entity sells the surplus property to another buyer, the eligible entity and the
2949     school district shall equally share any proceeds of that sale that exceed the amount the eligible
2950     entity paid for the property plus the cost of any existing improvements the eligible entity made
2951     to the property after it purchased the property.
2952          Section 81. Section 53G-4-1001 is enacted to read:
2953     
Part 10. School Construction Due to New Industrial Plants

2954          53G-4-1001. Definitions.
2955          Reserved
2956          Section 82. Section 53G-4-1001.5, which is renumbered from Section 53A-22-101 is
2957     renumbered and amended to read:
2958          [53A-22-101].      53G-4-1001.5. Purpose of part.
2959          It is the purpose of this [chapter] part to provide school districts with the ability to raise
2960     funds for necessary new school construction, including additions to existing school buildings
2961     caused by the development of industrial plants that require large numbers of workers for their
2962     construction and operation.
2963          Section 83. Section 53G-4-1002, which is renumbered from Section 53A-22-102 is
2964     renumbered and amended to read:
2965          [53A-22-102].      53G-4-1002. New industrial plants in school district -- Duty
2966     of school district.
2967          A school district confronted with actual or anticipated large increases in enrollment
2968     because of the construction of a new industrial plant or plants to a degree that new buildings or
2969     additions to existing buildings are required shall make the following efforts to raise funds to

2970     meet those building needs:
2971          (1) bond to its maximum capacity and maintain maximum bonding by rebonding at
2972     least once every other year until building needs are met;
2973          (2) maintain an annual property tax levy for capital outlay and debt service combined
2974     of not less than .0036 per dollar of taxable value; and
2975          (3) initiate any action necessary to qualify for any state, federal, or other funds for
2976     capital outlay for which the district may be eligible.
2977          Section 84. Section 53G-4-1003, which is renumbered from Section 53A-22-103 is
2978     renumbered and amended to read:
2979          [53A-22-103].      53G-4-1003. Funds raised -- Highest priority projects.
2980          (1) Funds raised by the school district in accordance with this [chapter] part shall be
2981     used on the highest priority projects established by the district's five-year comprehensive
2982     capital outlay plan, which shall be approved by the State Board of Education.
2983          (2) The plan must include appropriate priorities for the construction of minimal
2984     facilities for new students.
2985          (3) If priority use of the funds raised by the district in accordance with this [chapter]
2986     part does not provide minimal facilities as defined by the State Board of Education for students
2987     in any new and remote community established in the district, or for students in existing
2988     communities because of the location of new or expanded industries in the area, the district may
2989     enter into lease-purchase agreements or lease with option to purchase agreements with private
2990     builders to furnish the minimal facilities required by the district and approved by the State
2991     Board of Education.
2992          (4) The district may make payments on these agreements from any of its otherwise
2993     uncommitted capital outlay funds.
2994          Section 85. Section 53G-4-1004, which is renumbered from Section 53A-22-104 is
2995     renumbered and amended to read:
2996          [53A-22-104].      53G-4-1004. Minimal school facilities -- Lease-purchase or
2997     lease with option to purchase agreement authorized.

2998          (1) If a school district is unable to find any private builder who is capable of furnishing
2999     minimal school facilities in new or existing communities, on terms acceptable to the district
3000     and to the State Board of Education, the developers of the industrial plant, or plants, may agree
3001     to provide minimal school facilities under a lease-purchase agreement or lease with option to
3002     purchase agreement with the district.
3003          (2) The district shall pay the developers according to the terms of the agreement from
3004     sources listed for such payments in this [chapter] part.
3005          Section 86. Section 53G-4-1005, which is renumbered from Section 53A-22-105 is
3006     renumbered and amended to read:
3007          [53A-22-105].      53G-4-1005. Remote industrial plant requiring new school
3008     building -- Construction permit requirements.
3009          A state officer or local governmental official may not issue a construction permit or
3010     other authorization for the construction of a remote industrial plant requiring the provision of a
3011     new community, including new public elementary and secondary school buildings, until the
3012     local school board of the district in which the plant will be located has certified to the state
3013     office or local official, in writing, that the district has obtained the funds, or a firm commitment
3014     that funds will be made available as necessary, to build the required minimal school facilities.
3015          Section 87. Section 53G-4-1006, which is renumbered from Section 53A-22-106 is
3016     renumbered and amended to read:
3017          [53A-22-106].      53G-4-1006. Rules and regulations authorized.
3018          The State Board of Education shall adopt all standards and rules necessary for the
3019     administration and enforcement of this [chapter] part.
3020          Section 88. Section 53G-5-101 is enacted to read:
3021     
CHAPTER 5. CHARTER SCHOOLS

3022     
Part 1. General Provisions

3023          53G-5-101. Title.
3024          This chapter is known as "Charter Schools."
3025          Section 89. Section 53G-5-102, which is renumbered from Section 53A-1a-501.3 is

3026     renumbered and amended to read:
3027          [53A-1a-501.3].      53G-5-102. Definitions.
3028          As used in this [part] chapter:
3029          (1) "Asset" means property of all kinds, real and personal, tangible and intangible, and
3030     includes:
3031          (a) cash;
3032          (b) stock or other investments;
3033          (c) real property;
3034          (d) equipment and supplies;
3035          (e) an ownership interest;
3036          (f) a license;
3037          (g) a cause of action; and
3038          (h) any similar property.
3039          (2) "Board of trustees of a higher education institution" or "board of trustees" means:
3040          (a) the board of trustees of:
3041          (i) the University of Utah;
3042          (ii) Utah State University;
3043          (iii) Weber State University;
3044          (iv) Southern Utah University;
3045          (v) Snow College;
3046          (vi) Dixie State University;
3047          (vii) Utah Valley University; or
3048          (viii) Salt Lake Community College; or
3049          (b) the board of directors of a technical college described in Section 53B-2a-108.
3050          (3) "Charter agreement" or "charter" means an agreement made in accordance with
3051     Section [53A-1a-508] 53G-5-303 that authorizes the operation of a charter school.
3052          (4) "Charter school authorizer" or "authorizer" means the State Charter School Board, a
3053     local school board, or a board of trustees of a higher education institution that authorizes the

3054     establishment of a charter school.
3055          (5) "Governing board" means the board that operates a charter school.
3056          Section 90. Section 53G-5-103 is enacted to read:
3057          53G-5-103. Charter school funding.
3058          Unless otherwise specified, the provisions of Title 53F, Public Education System --
3059     Funding, govern charter school funding, including Title 53F, Chapter 2, Part 7, Charter School
3060     Funding, which governs levies imposed for charter school funding.
3061          Section 91. Section 53G-5-104, which is renumbered from Section 53A-1a-503 is
3062     renumbered and amended to read:
3063          [53A-1a-503].      53G-5-104. Purpose of charter schools.
3064          The purposes of the state's charter schools as a whole are to:
3065          (1) continue to improve student learning;
3066          (2) encourage the use of different and innovative teaching methods;
3067          (3) create new professional opportunities for educators that will allow them to actively
3068     participate in designing and implementing the learning program at the school;
3069          (4) increase choice of learning opportunities for students;
3070          (5) establish new models of public schools and a new form of accountability for
3071     schools that emphasizes the measurement of learning outcomes and the creation of innovative
3072     measurement tools;
3073          (6) provide opportunities for greater parental involvement in management decisions at
3074     the school level; and
3075          (7) expand public school choice in areas where schools have been identified for school
3076     improvement, corrective action, or restructuring under the No Child Left Behind Act of 2001,
3077     20 U.S.C. Sec. 6301 et seq.
3078          Section 92. Section 53G-5-201, which is renumbered from Section 53A-1a-501.5 is
3079     renumbered and amended to read:
3080     
Part 2. State Charter School Board

3081          [53A-1a-501.5].      53G-5-201. State Charter School Board created.

3082          (1) As used in this section, "organization that represents Utah's charter schools" means
3083     an organization, except a governmental entity, that advocates for charter schools, charter school
3084     parents, or charter school students.
3085          (2) (a) The State Charter School Board is created consisting of the following members
3086     appointed by the governor:
3087          (i) two members who have expertise in finance or small business management;
3088          (ii) three members who:
3089          (A) are nominated by an organization that represents Utah's charter schools; and
3090          (B) have expertise or experience in developing or administering a charter school; and
3091          (iii) two members who are nominated by the State Board of Education.
3092          (b) Each appointee shall have demonstrated dedication to the purposes of charter
3093     schools as outlined in Section [53A-1a-503] 53G-5-104.
3094          (c) At least two candidates shall be nominated for each appointment made under
3095     Subsection (2)(a)(ii) or (iii).
3096          (d) The governor may seek nominations for a prospective appointment under
3097     Subsection (2)(a)(ii) from one or more organizations that represent Utah's charter schools.
3098          (3) (a) State Charter School Board members shall serve four-year terms.
3099          (b) If a vacancy occurs, the governor shall appoint a replacement for the unexpired
3100     term.
3101          (4) The governor may remove a member at any time for official misconduct, habitual
3102     or willful neglect of duty, or for other good and sufficient cause.
3103          (5) (a) The State Charter School Board shall annually elect a chair from its
3104     membership.
3105          (b) Four members of the board shall constitute a quorum.
3106          (c) Meetings may be called by the chair or upon request of three members of the board.
3107          (6) A member may not receive compensation or benefits for the member's service, but
3108     may receive per diem and travel expenses in accordance with:
3109          (a) Section 63A-3-106;

3110          (b) Section 63A-3-107; and
3111          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3112     63A-3-107.
3113          Section 93. Section 53G-5-202, which is renumbered from Section 53A-1a-501.6 is
3114     renumbered and amended to read:
3115          [53A-1a-501.6].      53G-5-202. Power and duties of State Charter School Board.
3116          (1) The State Charter School Board shall:
3117          (a) authorize and promote the establishment of charter schools, subject to the
3118     provisions in this [part] chapter and other related provisions;
3119          (b) annually review and evaluate the performance of charter schools authorized by the
3120     State Charter School Board and hold the schools accountable for their performance;
3121          (c) monitor charter schools authorized by the State Charter School Board for
3122     compliance with federal and state laws, rules, and regulations;
3123          (d) provide technical support to charter schools and persons seeking to establish charter
3124     schools by:
3125          (i) identifying and promoting successful charter school models;
3126          (ii) facilitating the application and approval process for charter school authorization;
3127          (iii) directing charter schools and persons seeking to establish charter schools to
3128     sources of private funding and support;
3129          (iv) reviewing and evaluating proposals to establish charter schools for the purpose of
3130     supporting and strengthening proposals before an application for charter school authorization is
3131     submitted to a charter school authorizer; and
3132          (v) assisting charter schools to understand and carry out their charter obligations;
3133          (e) provide technical support, as requested, to a charter school authorizer relating to
3134     charter schools;
3135          (f) make recommendations on legislation and rules pertaining to charter schools to the
3136     Legislature and State Board of Education, respectively; and
3137          (g) make recommendations to the State Board of Education on the funding of charter

3138     schools.
3139          (2) The State Charter School Board may:
3140          (a) contract;
3141          (b) sue and be sued; and
3142          (c) (i) at the discretion of the charter school, provide administrative services to, or
3143     perform other school functions for, charter schools authorized by the State Charter School
3144     Board; and
3145          (ii) charge fees for the provision of services or functions.
3146          Section 94. Section 53G-5-203, which is renumbered from Section 53A-1a-501.7 is
3147     renumbered and amended to read:
3148          [53A-1a-501.7].      53G-5-203. State Charter School Board -- Staff director --
3149     Facilities.
3150          (1) (a) The State Charter School Board, with the consent of the superintendent of
3151     public instruction, shall appoint a staff director for the State Charter School Board.
3152          (b) The State Charter School Board shall have authority to remove the staff director
3153     with the consent of the superintendent of public instruction.
3154          (c) The position of staff director is exempt from the career service provisions of Title
3155     67, Chapter 19, Utah State Personnel Management Act.
3156          (2) The superintendent of public instruction shall provide space for staff of the State
3157     Charter School Board in facilities occupied by the State Board of Education or the State Board
3158     of Education's employees, with costs charged for the facilities equal to those charged other
3159     sections and divisions under the State Board of Education.
3160          Section 95. Section 53G-5-204, which is renumbered from Section 53A-1a-507.1 is
3161     renumbered and amended to read:
3162          [53A-1a-507.1].      53G-5-204. Charter school innovative practices -- Report to
3163     State Charter School Board.
3164          Prior to July 31 of each year, a charter school may identify and report to the State
3165     Charter School Board its innovative practices which fulfill the purposes of charter schools as

3166     outlined in Section [53A-1a-503] 53G-5-104, including:
3167          (1) unique learning opportunities providing increased choice in education;
3168          (2) new public school models;
3169          (3) innovative teaching practices;
3170          (4) opportunities for educators to actively participate in the design and implementation
3171     of the learning program;
3172          (5) new forms of accountability emphasizing the measurement of learning outcomes
3173     and the creation of new measurement tools;
3174          (6) opportunities for greater parental involvement, including involvement in
3175     management decisions; and
3176          (7) the impact of the innovative practices on student achievement.
3177          Section 96. Section 53G-5-301, which is renumbered from Section 53A-1a-501.9 is
3178     renumbered and amended to read:
3179     
Part 3. Charter School Authorization

3180          [53A-1a-501.9].      53G-5-301. State Charter School Board to request
3181     applications for certain types of charter schools.
3182          (1) To meet the unique learning styles and needs of students, the State Charter School
3183     Board shall seek to expand the types of instructional methods and programs offered by schools,
3184     as provided in this section.
3185          (2) (a) The State Charter School Board shall request individuals, groups of individuals,
3186     or not-for-profit legal entities to submit an application to the State Charter School Board to
3187     establish a charter school that employs new and creative methods to meet the unique learning
3188     styles and needs of students, such as:
3189          (i) a military charter school;
3190          (ii) a charter school whose mission is to enhance learning opportunities for students at
3191     risk of academic failure;
3192          (iii) a charter school whose focus is career and technical education;
3193          (iv) a single gender charter school; or

3194          (v) a charter school with an international focus that provides opportunities for the
3195     exchange of students or teachers.
3196          (b) In addition to a charter school identified in Subsection (2)(a), the State Charter
3197     School Board shall request applications for other types of charter schools that meet the unique
3198     learning styles and needs of students.
3199          (3) The State Charter School Board shall publicize a request for applications to
3200     establish a charter school specified in Subsection (2).
3201          (4) A charter school application submitted pursuant to Subsection (2) shall be subject
3202     to the application and approval procedures specified in Section [53A-1a-505] 53G-5-304.
3203          (5) The State Charter School Board and the State Board of Education may approve one
3204     or more applications for each charter school specified in Subsection (2), subject to the
3205     Legislature appropriating funds for, or authorizing, an increase in charter school enrollment
3206     capacity as provided in Section [53A-1a-502.5] 53G-6-504.
3207          (6) The State Board of Education shall submit a request to the Legislature to
3208     appropriate funds for, or authorize, the enrollment of students in charter schools tentatively
3209     approved under this section.
3210          Section 97. Section 53G-5-302, which is renumbered from Section 53A-1a-504 is
3211     renumbered and amended to read:
3212          [53A-1a-504].      53G-5-302. Charter school application -- Applicants --
3213     Contents.
3214          (1) (a) An application to establish a charter school may be submitted by:
3215          (i) an individual;
3216          (ii) a group of individuals; or
3217          (iii) a nonprofit legal entity organized under Utah law.
3218          (b) An authorized charter school may apply under this chapter for a charter from
3219     another charter school authorizer.
3220          (2) A charter school application shall include:
3221          (a) the purpose and mission of the school;

3222          (b) except for a charter school authorized by a local school board, a statement that,
3223     after entering into a charter agreement, the charter school will be organized and managed under
3224     Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act;
3225          (c) a description of the governance structure of the school, including:
3226          (i) a list of the governing board members that describes the qualifications of each
3227     member; and
3228          (ii) an assurance that the applicant shall, within 30 days of authorization, provide the
3229     authorizer with the results of a background check for each member;
3230          (d) a description of the target population of the school that includes:
3231          (i) the projected maximum number of students the school proposes to enroll;
3232          (ii) the projected school enrollment for each of the first three years of school operation;
3233     and
3234          (iii) the ages or grade levels the school proposes to serve;
3235          (e) academic goals;
3236          (f) qualifications and policies for school employees, including policies that:
3237          (i) comply with the criminal background check requirements described in Section
3238     [53A-1a-512.5] 53G-5-408;
3239          (ii) require employee evaluations; and
3240          (iii) address employment of relatives within the charter school;
3241          (g) a description of how the charter school will provide, as required by state and federal
3242     law, special education and related services;
3243          (h) for a public school converting to charter status, arrangements for:
3244          (i) students who choose not to continue attending the charter school; and
3245          (ii) teachers who choose not to continue teaching at the charter school;
3246          (i) a statement that describes the charter school's plan for establishing the charter
3247     school's facilities, including:
3248          (i) whether the charter school intends to lease or purchase the charter school's facilities;
3249     and

3250          (ii) financing arrangements;
3251          (j) a market analysis of the community the school plans to serve;
3252          (k) a capital facility plan;
3253          (l) a business plan;
3254          (m) other major issues involving the establishment and operation of the charter school;
3255     and
3256          (n) the signatures of the governing board members of the charter school.
3257          (3) A charter school authorizer may require a charter school application to include:
3258          (a) the charter school's proposed:
3259          (i) curriculum;
3260          (ii) instructional program; or
3261          (iii) delivery methods;
3262          (b) a method for assessing whether students are reaching academic goals, including, at
3263     a minimum, administering the statewide assessments described in Section [53A-1-602]
3264     53E-4-301;
3265          (c) a proposed calendar;
3266          (d) sample policies;
3267          (e) a description of opportunities for parental involvement;
3268          (f) a description of the school's administrative, supervisory, or other proposed services
3269     that may be obtained through service providers; or
3270          (g) other information that demonstrates an applicant's ability to establish and operate a
3271     charter school.
3272          Section 98. Section 53G-5-303, which is renumbered from Section 53A-1a-508 is
3273     renumbered and amended to read:
3274          [53A-1a-508].      53G-5-303. Charter agreement -- Content -- Modification.
3275          (1) A charter agreement:
3276          (a) is a contract between the charter school applicant and the charter school authorizer;
3277          (b) shall describe the rights and responsibilities of each party; and

3278          (c) shall allow for the operation of the applicant's proposed charter school.
3279          (2) A charter agreement shall include:
3280          (a) the name of:
3281          (i) the charter school; and
3282          (ii) the charter school applicant;
3283          (b) the mission statement and purpose of the charter school;
3284          (c) the charter school's opening date;
3285          (d) the grade levels and number of students the charter school will serve;
3286          (e) a description of the structure of the charter school governing board, including:
3287          (i) the number of board members;
3288          (ii) how members of the board are appointed; and
3289          (iii) board members' terms of office;
3290          (f) assurances that:
3291          (i) the charter school governing board will comply with:
3292          (A) the charter school's bylaws;
3293          (B) the charter school's articles of incorporation; and
3294          (C) applicable federal law, state law, and State Board of Education rules;
3295          (ii) the charter school governing board will meet all reporting requirements described
3296     in Section [53A-1a-507] 53G-5-404; and
3297          (iii) except as provided in [Title 53A, Chapter 20b, Part 2] Part 6, Charter School
3298     Credit Enhancement Program, neither the authorizer nor the state, including an agency of the
3299     state, is liable for the debts or financial obligations of the charter school or a person who
3300     operates the charter school;
3301          (g) which administrative rules the State Board of Education will waive for the charter
3302     school;
3303          (h) minimum financial standards for operating the charter school;
3304          (i) minimum standards for student achievement; and
3305          (j) signatures of the charter school authorizer and the charter school governing board

3306     members.
3307          (3) (a) Except as provided in Subsection (3)(b), a charter agreement may not be
3308     modified except by mutual agreement between the charter school authorizer and the charter
3309     school governing board.
3310          (b) A charter school governing board may modify the charter school's charter
3311     agreement without the mutual agreement described in Subsection (3)(a) to include an
3312     enrollment preference described in Subsection [53A-1a-506] 53G-6-502(4)(g).
3313          Section 99. Section 53G-5-304, which is renumbered from Section 53A-1a-505 is
3314     renumbered and amended to read:
3315          [53A-1a-505].      53G-5-304. Charter schools authorized by the State Charter
3316     School Board -- Application process -- Prohibited bases of application denial.
3317          (1) (a) An applicant seeking authorization of a charter school from the State Charter
3318     School Board shall provide a copy of the application to the local school board of the school
3319     district in which the proposed charter school shall be located either before or at the same time it
3320     files its application with the State Charter School Board.
3321          (b) The local board may review the application and may offer suggestions or
3322     recommendations to the applicant or the State Charter School Board prior to its acting on the
3323     application.
3324          (c) The State Charter School Board shall give due consideration to suggestions or
3325     recommendations made by the local school board under Subsection (1)(b).
3326          (d) The State Charter School Board shall review and, by majority vote, either approve
3327     or deny the application.
3328          (e) The State Board of Education shall, by majority vote, within 60 days after action by
3329     the State Charter School Board under Subsection (1)(d):
3330          (i) approve or deny an application approved by the State Charter School Board; or
3331          (ii) hear an appeal, if any, of an application denied by the State Charter School Board.
3332          (f) The State Board of Education's action under Subsection (1)(d) is final action subject
3333     to judicial review.

3334          (g) A charter school application may not be denied on the basis that the establishment
3335     of the charter school will have any or all of the following impacts on a public school, including
3336     another charter school:
3337          (i) an enrollment decline;
3338          (ii) a decrease in funding; or
3339          (iii) a modification of programs or services.
3340          (2) The State Board of Education shall make a rule providing a timeline for the
3341     opening of a charter school following the approval of a charter school application by the State
3342     Charter School Board.
3343          (3) After approval of a charter school application and in accordance with Section
3344     [53A-1a-508] 53G-5-303, the applicant and the State Charter School Board shall set forth the
3345     terms and conditions for the operation of the charter school in a written charter agreement.
3346          (4) The State Charter School Board shall, in accordance with State Board of Education
3347     rules, establish and make public the State Charter School Board's:
3348          (a) application requirements, in accordance with Section [53A-1a-504] 53G-5-302;
3349          (b) application process, including timelines, in accordance with this section; and
3350          (c) minimum academic, financial, and enrollment standards.
3351          Section 100. Section 53G-5-305, which is renumbered from Section 53A-1a-515 is
3352     renumbered and amended to read:
3353          [53A-1a-515].      53G-5-305. Charters authorized by local school boards --
3354     Application process -- Local school board responsibilities.
3355          (1) (a) An applicant identified in Section [53A-1a-504] 53G-5-302 may submit an
3356     application to a local school board to establish and operate a charter school within the
3357     geographical boundaries of the school district administered by the local school board.
3358          (b) (i) The principal, teachers, or parents of students at an existing public school may
3359     submit an application to the local school board to convert the school or a portion of the school
3360     to charter status.
3361          (A) If the entire school is applying for charter status, at least two-thirds of the licensed

3362     educators employed at the school and at least two-thirds of the parents or guardians of students
3363     enrolled at the school must have signed a petition approving the application prior to its
3364     submission to the charter school authorizer.
3365          (B) If only a portion of the school is applying for charter status, the percentage is
3366     reduced to a simple majority.
3367          (ii) The local school board may not approve an application submitted under Subsection
3368     (1)(b)(i) unless the local school board determines that:
3369          (A) students opting not to attend the proposed converted school would have access to a
3370     comparable public education alternative; and
3371          (B) current teachers who choose not to teach at the converted charter school or who are
3372     not retained by the school at the time of its conversion would receive a first preference for
3373     transfer to open teaching positions for which they qualify within the school district, and, if no
3374     positions are open, contract provisions or board policy regarding reduction in staff would
3375     apply.
3376          (2) (a) An existing public school that converts to charter status under a charter granted
3377     by a local school board may:
3378          (i) continue to receive the same services from the school district that it received prior to
3379     its conversion; or
3380          (ii) contract out for some or all of those services with other public or private providers.
3381          (b) Any other charter school authorized by a local school board may contract with the
3382     board to receive some or all of the services referred to in Subsection (3)(a).
3383          (c) Except as specified in a charter agreement, local school board assets do not transfer
3384     to an existing public school that converts to charter status under a charter granted by a local
3385     school board under this section.
3386          (3) (a) (i) A public school that converts to a charter school under a charter granted by a
3387     local school board shall receive funding:
3388          (A) through the school district; and
3389          (B) on the same basis as it did prior to its conversion to a charter school.

3390          (ii) The school may also receive federal money designated for charter schools under
3391     any federal program.
3392          (b) (i) A local school board-authorized charter school operating in a facility owned by
3393     the school district and not paying reasonable rent to the school district shall receive funding:
3394          (A) through the school district; and
3395          (B) on the same basis that other district schools receive funding.
3396          (ii) The school may also receive federal money designated for charter schools under
3397     any federal program.
3398          (c) Subject to the provisions in Section [53A-1a-502.5] 53G-6-504, a charter school
3399     authorized by a local school board shall receive funding as provided in [Section 53A-1a-513]
3400     Title 53F, Chapter 2, Part 7, Charter School Funding.
3401          (d) (i) A charter school authorized by a local school board, but not described in
3402     Subsection (3)(a), (b), or (c) shall receive funding:
3403          (A) through the school district; and
3404          (B) on the same basis that other district schools receive funding.
3405          (ii) The school may also receive federal money designated for charter schools under
3406     any federal program.
3407          (4) (a) A local school board that receives an application for a charter school under this
3408     section shall, within 45 days, either accept or reject the application.
3409          (b) If the board rejects the application, it shall notify the applicant in writing of the
3410     reason for the rejection.
3411          (c) The applicant may submit a revised application for reconsideration by the board.
3412          (d) If the local school board refuses to authorize the applicant, the applicant may seek a
3413     charter from the State Charter School Board under Section [53A-1a-505] 53G-5-304.
3414          (5) The State Board of Education shall make a rule providing for a timeline for the
3415     opening of a charter school following the approval of a charter school application by a local
3416     school board.
3417          (6) After approval of a charter school application and in accordance with Section

3418     [53A-1a-508] 53G-5-303, the applicant and the local school board shall set forth the terms and
3419     conditions for the operation of the charter school in a written charter agreement.
3420          (7) A local school board shall:
3421          (a) annually review and evaluate the performance of charter schools authorized by the
3422     local school board and hold the schools accountable for their performance;
3423          (b) monitor charter schools authorized by the local school board for compliance with
3424     federal and state laws, rules, and regulations; and
3425          (c) provide technical support to charter schools authorized by the local school board to
3426     assist them in understanding and performing their charter obligations.
3427          (8) A local school board may terminate a charter school it authorizes as provided in
3428     Sections [53A-1a-509] 53G-5-501 and [53A-1a-510] 53G-5-503.
3429          (9) In addition to the exemptions described in Sections [53A-1a-511] 53G-5-405,
3430     53G-7-202, and [53A-1a-512] 53G-5-407, a charter school authorized by a local school board
3431     is:
3432          (a) not required to separately submit a report or information required under this [title]
3433     public education code to the State Board of Education if the information is included in a report
3434     or information that is submitted by the local school board or school district; and
3435          (b) exempt from the requirement under Section [53A-1a-507] 53G-5-404 that a charter
3436     school shall be organized and managed under Title 16, Chapter 6a, Utah Revised Nonprofit
3437     Corporation Act.
3438          (10) Before a local school board accepts a charter school application, the local school
3439     board shall, in accordance with State Board of Education rules, establish and make public the
3440     local school board's:
3441          (a) application requirements, in accordance with Section [53A-1a-504] 53G-5-302;
3442          (b) application process, including timelines, in accordance with this section; and
3443          (c) minimum academic, financial, and enrollment standards.
3444          Section 101. Section 53G-5-306, which is renumbered from Section 53A-1a-521 is
3445     renumbered and amended to read:

3446          [53A-1a-521].      53G-5-306. Charter schools authorized by a board of
3447     trustees of a higher education institution -- Application process -- Board of trustees
3448     responsibilities.
3449          (1) Subject to the approval of the State Board of Education and except as provided in
3450     Subsection (8), an applicant identified in Section [53A-1a-504] 53G-5-302 may enter into an
3451     agreement with a board of trustees of a higher education institution authorizing the applicant to
3452     establish and operate a charter school.
3453          (2) (a) An applicant applying for authorization from a board of trustees to establish and
3454     operate a charter school shall provide a copy of the application to the State Charter School
3455     Board and the local school board of the school district in which the proposed charter school
3456     will be located either before or at the same time the applicant files the application with the
3457     board of trustees.
3458          (b) The State Charter School Board and the local school board may review the
3459     application and offer suggestions or recommendations to the applicant or the board of trustees
3460     before acting on the application.
3461          (c) The board of trustees shall give due consideration to suggestions or
3462     recommendations made by the State Charter School Board or the local school board under
3463     Subsection (2)(b).
3464          (3) (a) If a board of trustees approves an application to establish and operate a charter
3465     school, the board of trustees shall submit the application to the State Board of Education.
3466          (b) The State Board of Education shall, by majority vote, within 60 days of receipt of
3467     the application, approve or deny an application approved by a board of trustees.
3468          (c) The State Board of Education's action under Subsection (3)(b) is final action subject
3469     to judicial review.
3470          (4) The State Board of Education shall make a rule providing a timeline for the
3471     opening of a charter school following the approval of a charter school application by a board of
3472     trustees.
3473          (5) After approval of a charter school application, the applicant and the board of

3474     trustees shall set forth the terms and conditions for the operation of the charter school in a
3475     written charter agreement.
3476          (6) (a) The school's charter may include a provision that the charter school pay an
3477     annual fee for the board of trustees' costs in providing oversight of, and technical support to,
3478     the charter school in accordance with Subsection (7).
3479          (b) In the first two years that a charter school is in operation, an annual fee described in
3480     Subsection (6)(a) may not exceed the product of 3% of the revenue the charter school receives
3481     from the state in the current fiscal year.
3482          (c) Beginning with the third year that a charter school is in operation, an annual fee
3483     described in Subsection (6)(a) may not exceed the product of 1% of the revenue a charter
3484     school receives from the state in the current fiscal year.
3485          (d) An annual fee described in Subsection (6)(a) shall be:
3486          (i) paid to the board of trustees' higher education institution; and
3487          (ii) expended as directed by the board of trustees.
3488          (7) A board of trustees shall:
3489          (a) annually review and evaluate the performance of charter schools authorized by the
3490     board of trustees and hold the schools accountable for their performance;
3491          (b) monitor charter schools authorized by the board of trustees for compliance with
3492     federal and state laws, rules, and regulations; and
3493          (c) provide technical support to charter schools authorized by the board of trustees to
3494     assist them in understanding and performing their charter obligations.
3495          (8) (a) In addition to complying with the requirements of this section, a technical
3496     college board of directors described in Section 53B-2a-108 shall obtain the approval of the
3497     Utah System of Technical Colleges Board of Trustees before entering into an agreement to
3498     establish and operate a charter school.
3499          (b) If a technical college board of directors approves an application to establish and
3500     operate a charter school, the technical college board of directors shall submit the application to
3501     the Utah System of Technical Colleges Board of Trustees.

3502          (c) The Utah System of Technical Colleges Board of Trustees shall, by majority vote,
3503     within 60 days of receipt of an application described in Subsection (8)(b), approve or deny the
3504     application.
3505          (d) The Utah System of Technical Colleges Board of Trustees may deny an application
3506     approved by a technical college board of directors if the proposed charter school does not
3507     accomplish a purpose of charter schools as provided in Section [53A-1a-503] 53G-5-104.
3508          (e) A charter school application may not be denied on the basis that the establishment
3509     of the charter school will have any or all of the following impacts on a public school, including
3510     another charter school:
3511          (i) an enrollment decline;
3512          (ii) a decrease in funding; or
3513          (iii) a modification of programs or services.
3514          (9) (a) Subject to the requirements of this [part] chapter and other related provisions, a
3515     technical college board of directors may establish:
3516          (i) procedures for submitting applications to establish and operate a charter school; or
3517          (ii) criteria for approval of an application to establish and operate a charter school.
3518          (b) The Utah System of Technical Colleges Board of Trustees may not establish policy
3519     governing the procedures or criteria described in Subsection (9)(a).
3520          (10) Before a technical college board of directors accepts a charter school application,
3521     the technical college board of directors shall, in accordance with State Board of Education
3522     rules, establish and make public:
3523          (a) application requirements, in accordance with Section [53A-1a-504] 53G-5-302;
3524          (b) the application process, including timelines, in accordance with this section; and
3525          (c) minimum academic, financial, and enrollment standards.
3526          Section 102. Section 53G-5-401, which is renumbered from Section 53A-1a-503.5 is
3527     renumbered and amended to read:
3528     
Part 4. Powers and Duties

3529          [53A-1a-503.5].      53G-5-401. Status of charter schools.

3530          (1) Charter schools are:
3531          (a) considered to be public schools within the state's public education system;
3532          (b) subject to Subsection [53A-1-401] 53E-3-401(8); and
3533          (c) governed by independent boards and held accountable to a legally binding written
3534     contractual agreement.
3535          (2) A charter school may be established by:
3536          (a) creating a new school; or
3537          (b) converting an existing public school to charter status.
3538          (3) A parochial school or home school is not eligible for charter school status.
3539          Section 103. Section 53G-5-402, which is renumbered from Section 53A-1a-523 is
3540     renumbered and amended to read:
3541          [53A-1a-523].      53G-5-402. Property tax exemption for property owned by a
3542     charter school.
3543          For purposes of a property tax exemption for property of school districts under
3544     Subsection 59-2-1101(3)(a)(ii)(B), a charter school is considered to be a school district.
3545          Section 104. Section 53G-5-403, which is renumbered from Section 53A-1a-517 is
3546     renumbered and amended to read:
3547          [53A-1a-517].      53G-5-403. Charter school assets.
3548          (1) (a) A charter school may receive, hold, manage, and use any devise, bequest, grant,
3549     endowment, gift, or donation of any asset made to the school for any of the purposes of this
3550     [part] chapter and other related provisions.
3551          (b) Unless a donor or grantor specifically provides otherwise in writing, all assets
3552     described in Subsection (1) shall be presumed to be made to the charter school and shall be
3553     included in the charter school's assets.
3554          (2) It is unlawful for any person affiliated with a charter school to demand or request
3555     any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated
3556     with the charter school as a condition for employment or enrollment at the school or continued
3557     attendance at the school.

3558          (3) All assets purchased with charter school funds shall be included in the charter
3559     school's assets.
3560          (4) A charter school may not dispose of its assets in violation of the provisions of this
3561     [part] chapter or other related provisions, state board rules, policies of its charter school
3562     authorizer, or its charter, including the provisions governing the closure of a charter school
3563     under Section [53A-1a-510.5] 53G-5-504.
3564          Section 105. Section 53G-5-404, which is renumbered from Section 53A-1a-507 is
3565     renumbered and amended to read:
3566          [53A-1a-507].      53G-5-404. Requirements for charter schools.
3567          (1) A charter school shall be nonsectarian in its programs, admission policies,
3568     employment practices, and operations.
3569          (2) A charter school may not charge tuition or fees, except those fees normally charged
3570     by other public schools.
3571          (3) A charter school shall meet all applicable federal, state, and local health, safety, and
3572     civil rights requirements.
3573          (4) (a) A charter school shall make the same annual reports required of other public
3574     schools under this [title] public education code, including an annual financial audit report.
3575          (b) A charter school shall file its annual financial audit report with the Office of the
3576     State Auditor within six months of the end of the fiscal year.
3577          (5) (a) A charter school shall be accountable to the charter school's authorizer for
3578     performance as provided in the school's charter.
3579          (b) To measure the performance of a charter school, an authorizer may use data
3580     contained in:
3581          (i) the charter school's annual financial audit report;
3582          (ii) a report submitted by the charter school as required by statute; or
3583          (iii) a report submitted by the charter school as required by its charter.
3584          (c) A charter school authorizer may not impose performance standards, except as
3585     permitted by statute, that limit, infringe, or prohibit a charter school's ability to successfully

3586     accomplish the purposes of charter schools as provided in Section [53A-1a-503] 53G-5-104 or
3587     as otherwise provided in law.
3588          (6) A charter school may not advocate unlawful behavior.
3589          (7) Except as provided in Section [53A-1a-515] 53G-5-305, a charter school shall be
3590     organized and managed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act,
3591     after its authorization.
3592          (8) A charter school shall provide adequate liability and other appropriate insurance.
3593          (9) Beginning on July 1, 2014, a charter school shall submit any lease, lease-purchase
3594     agreement, or other contract or agreement relating to the charter school's facilities or financing
3595     of the charter school's facilities to the school's authorizer and an attorney for review and advice
3596     prior to the charter school entering into the lease, agreement, or contract.
3597          (10) A charter school may not employ an educator whose license has been suspended
3598     or revoked by the State Board of Education under Section [53A-6-501] 53E-6-604.
3599          Section 106. Section 53G-5-405, which is renumbered from Section 53A-1a-511 is
3600     renumbered and amended to read:
3601          [53A-1a-511].      53G-5-405. Application of statutes and rules to charter
3602     schools.
3603          (1) A charter school shall operate in accordance with its charter and is subject to [Title
3604     53A, State System of Public Education,] this public education code and other state laws
3605     applicable to public schools, except as otherwise provided in this [part] chapter and other
3606     related provisions.
3607          [(2) (a) A charter school or any other public school or school district may apply to the
3608     State Board of Education for a waiver of any state board rule that inhibits or hinders the school
3609     or the school district from accomplishing its mission or educational goals set out in its strategic
3610     plan or charter.]
3611          [(b) The state board may grant the waiver, unless:]
3612          [(i) the waiver would cause the school district or the school to be in violation of state
3613     or federal law; or]

3614          [(ii) the waiver would threaten the health, safety, or welfare of students in the district
3615     or at the school.]
3616          [(c) If the State Board of Education denies the waiver, the reason for the denial shall be
3617     provided in writing to the waiver applicant.]
3618          [(3)] (2) (a) Except as provided in Subsection [(3)] (2)(b), State Board of Education
3619     rules governing the following do not apply to a charter school:
3620          (i) school libraries;
3621          (ii) required school administrative and supervisory services; and
3622          (iii) required expenditures for instructional supplies.
3623          (b) A charter school shall comply with rules implementing statutes that prescribe how
3624     state appropriations may be spent.
3625          [(4)] (3) The following provisions of [Title 53A, State System of Public Education]
3626     this public education code, and rules adopted under those provisions, do not apply to a charter
3627     school:
3628          (a) Sections [53A-1a-108] 53G-7-1202 and [53A-1a-108.5] 53G-7-1204, requiring the
3629     establishment of a school community council and school improvement plan;
3630          (b) Section [53A-3-420] 53G-4-409, requiring the use of activity disclosure statements;
3631          (c) Section [53A-12-207] 53G-7-606, requiring notification of intent to dispose of
3632     textbooks;
3633          (d) Section [53A-13-107] 53G-10-404, requiring annual presentations on adoption;
3634          (e) Sections [53A-19-103] 53G-7-304 and [53A-19-105] 53G-7-306 pertaining to fiscal
3635     procedures of school districts and local school boards; and
3636          (f) Section [53A-14-107] 53E-4-408, requiring an independent evaluation of
3637     instructional materials.
3638          [(5)] (4) For the purposes of Title 63G, Chapter 6a, Utah Procurement Code, a charter
3639     school is considered an educational procurement unit as defined in Section 63G-6a-103.
3640          [(6)] (5) Each charter school shall be subject to:
3641          (a) Title 52, Chapter 4, Open and Public Meetings Act; and

3642          (b) Title 63G, Chapter 2, Government Records Access and Management Act.
3643          [(7)] (6) A charter school is exempt from Section 51-2a-201.5, requiring accounting
3644     reports of certain nonprofit corporations. A charter school is subject to the requirements of
3645     Section [53A-1a-507] 53G-5-404.
3646          [(8)] (7) (a) The State Charter School Board shall, in concert with the charter schools,
3647     study existing state law and administrative rules for the purpose of determining from which
3648     laws and rules charter schools should be exempt.
3649          (b) (i) The State Charter School Board shall present recommendations for exemption to
3650     the State Board of Education for consideration.
3651          (ii) The State Board of Education shall consider the recommendations of the State
3652     Charter School Board and respond within 60 days.
3653          Section 107. Section 53G-5-406, which is renumbered from Section 53A-1a-520 is
3654     renumbered and amended to read:
3655          [53A-1a-520].      53G-5-406. Accountability -- Rules.
3656          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
3657     after consultation with chartering entities, the State Board of Education shall make rules that:
3658          (1) require a charter school to develop an accountability plan, approved by its charter
3659     school authorizer, during its first year of operation;
3660          (2) require an authorizer to:
3661          (a) visit a charter school at least once during:
3662          (i) its first year of operation; and
3663          (ii) the review period described under Subsection (3); and
3664          (b) provide written reports to its charter schools after the visits; and
3665          (3) establish a review process that is required of a charter school once every five years
3666     by its authorizer.
3667          Section 108. Section 53G-5-407, which is renumbered from Section 53A-1a-512 is
3668     renumbered and amended to read:
3669          [53A-1a-512].      53G-5-407. Employees of charter schools.

3670          (1) A charter school shall select its own employees.
3671          (2) The school's governing board shall determine the level of compensation and all
3672     terms and conditions of employment, except as otherwise provided in Subsections (7) and (8)
3673     and under this [part] chapter and other related provisions.
3674          (3) The following statutes governing public employees and officers do not apply to a
3675     charter school:
3676          (a) Chapter [8a, Public Education Human Resource Management Act] 11, Part 5,
3677     School District and Utah Schools for the Deaf and the Blind Employee Requirements; and
3678          (b) Title 52, Chapter 3, Prohibiting Employment of Relatives.
3679          (4) (a) To accommodate differentiated staffing and better meet student needs, a charter
3680     school, under rules adopted by the State Board of Education, shall employ teachers who:
3681          (i) are licensed; or
3682          (ii) on the basis of demonstrated competency, would qualify to teach under alternative
3683     certification or authorization programs.
3684          (b) The school's governing board shall disclose the qualifications of its teachers to the
3685     parents of its students.
3686          (5) State Board of Education rules governing the licensing or certification of
3687     administrative and supervisory personnel do not apply to charter schools.
3688          (6) (a) An employee of a school district may request a leave of absence in order to
3689     work in a charter school upon approval of the local school board.
3690          (b) While on leave, the employee may retain seniority accrued in the school district and
3691     may continue to be covered by the benefit program of the district if the charter school and the
3692     locally elected school board mutually agree.
3693          (7) (a) A proposed or authorized charter school may elect to participate as an employer
3694     for retirement programs under:
3695          (i) Title 49, Chapter 12, Public Employees' Contributory Retirement Act;
3696          (ii) Title 49, Chapter 13, Public Employees' Noncontributory Retirement Act; and
3697          (iii) Title 49, Chapter 22, New Public Employees' Tier II Contributory Retirement Act.

3698          (b) An election under this Subsection (7):
3699          (i) shall be documented by a resolution adopted by the governing board of the charter
3700     school; and
3701          (ii) applies to the charter school as the employer and to all employees of the charter
3702     school.
3703          (c) The governing board of a charter school may offer employee benefit plans for its
3704     employees:
3705          (i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
3706     or
3707          (ii) under any other program.
3708          (8) A charter school may not revoke an election to participate made under Subsection
3709     (7).
3710          (9) The governing board of a charter school shall ensure that, prior to the beginning of
3711     each school year, each of its employees signs a document acknowledging that the employee:
3712          (a) has received:
3713          (i) the disclosure required under Section 63A-4-204.5 if the charter school participates
3714     in the Risk Management Fund; or
3715          (ii) written disclosure similar to the disclosure required under Section 63A-4-204.5 if
3716     the charter school does not participate in the Risk Management Fund; and
3717          (b) understands the legal liability protection provided to the employee and what is not
3718     covered, as explained in the disclosure.
3719          Section 109. Section 53G-5-408, which is renumbered from Section 53A-1a-512.5 is
3720     renumbered and amended to read:
3721          [53A-1a-512.5].      53G-5-408. Criminal background checks on school
3722     personnel.
3723          The following individuals are required to submit to a criminal background check and
3724     ongoing monitoring as provided in Section [53A-15-1503] 53G-11-402:
3725          (1) an employee of a charter school who does not hold a current Utah educator license

3726     issued by the State Board of Education under Title [53A, Chapter 6, Educator Licensing and
3727     Professional Practices Act] 53E, Chapter 6, Education Professional Licensure;
3728          (2) a volunteer for a charter school who is given significant unsupervised access to a
3729     student in connection with the volunteer's assignment;
3730          (3) a contract employee, as defined in Section [53A-15-1502] 53G-11-401, who works
3731     at a charter school; and
3732          (4) a charter school governing board member.
3733          Section 110. Section 53G-5-409, which is renumbered from Section 53A-1a-518 is
3734     renumbered and amended to read:
3735          [53A-1a-518].      53G-5-409. Regulated transactions and relationships --
3736     Definitions -- Rulemaking.
3737          (1) As used in this section:
3738          (a) "Charter school officer" means:
3739          (i) a member of a charter school's governing board;
3740          (ii) a member of a board or an officer of a nonprofit corporation under which a charter
3741     school is organized and managed; or
3742          (iii) the chief administrative officer of a charter school.
3743          (b) (i) "Employment" means a position in which a person's salary, wages, pay, or
3744     compensation, whether as an employee or contractor, is paid from charter school funds.
3745          (ii) "Employment" does not include a charter school volunteer.
3746          (c) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother,
3747     uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
3748     sister-in-law, son-in-law, or daughter-in-law.
3749          (2) (a) Except as provided in Subsection (2)(b), a relative of a charter school officer
3750     may not be employed at a charter school.
3751          (b) If a relative of a charter school officer is to be considered for employment in a
3752     charter school, the charter school officer shall:
3753          (i) disclose the relationship, in writing, to the other charter school officers;

3754          (ii) submit the employment decision to the charter school's governing board for the
3755     approval, by majority vote, of the charter school's governing board;
3756          (iii) abstain from voting on the issue; and
3757          (iv) be absent from any meeting when the employment is being considered and
3758     determined.
3759          (3) (a) Except as provided in Subsections (3)(b) and (3)(c), a charter school officer or a
3760     relative of a charter school officer may not have a financial interest in a contract or other
3761     transaction involving a charter school in which the charter school officer serves as a charter
3762     school officer.
3763          (b) If a charter school's governing board considers entering into a contract or executing
3764     a transaction in which a charter school officer or a relative of a charter school officer has a
3765     financial interest, the charter school officer shall:
3766          (i) disclose the financial interest, in writing, to the other charter school officers;
3767          (ii) submit the contract or transaction decision to the charter school's governing board
3768     for the approval, by majority vote, of the charter school's governing board;
3769          (iii) abstain from voting on the issue; and
3770          (iv) be absent from any meeting when the contract or transaction is being considered
3771     and determined.
3772          (c) The provisions in Subsection (3)(a) do not apply to a reasonable contract of
3773     employment for:
3774          (i) the chief administrative officer of a charter school; or
3775          (ii) a relative of the chief administrative officer of a charter school whose employment
3776     is approved in accordance with the provisions in Subsection (2).
3777          (4) The State Board of Education or State Charter School Board may not operate a
3778     charter school.
3779          Section 111. Section 53G-5-410, which is renumbered from Section 53A-1a-524 is
3780     renumbered and amended to read:
3781          [53A-1a-524].      53G-5-410. Safe technology utilization and digital

3782     citizenship.
3783          A charter school governing board, or a council formed by a charter school governing
3784     board to prepare a plan for the use of School LAND Trust Program money under Section
3785     [53A-16-101.5] 53F-2-404:
3786          (1) shall provide for education and awareness on safe technology utilization and digital
3787     citizenship that empowers:
3788          (a) a student to make smart media and online choices; and
3789          (b) a parent or guardian to know how to discuss safe technology use with the parent's
3790     or guardian's child;
3791          (2) shall partner with the school's principal and other administrators to ensure that
3792     adequate on and off campus Internet filtering is installed and consistently configured to prevent
3793     viewing of harmful content by students and school personnel, in accordance with charter school
3794     governing board policy and Subsection [53A-1-706] 53G-7-216(3); and
3795          (3) may partner with one or more non-profit organizations to fulfill the duties described
3796     in Subsections (1) and (2).
3797          Section 112. Section 53G-5-411 is enacted to read:
3798          53G-5-411. Charter school fiscal year -- Statistical reports.
3799          (1) A charter school's fiscal year begins on July 1 and ends on June 30.
3800          (2) (a) A charter school shall forward statistical reports for the preceding school year,
3801     containing items required by law or by the State Board of Education, to the state superintendent
3802     on or before November 1 of each year.
3803          (b) The reports shall include information to enable the state superintendent to complete
3804     the statement required under Subsection 53E-3-301(3)(d)(v).
3805          (3) A charter school shall forward the accounting report required under Section
3806     51-2a-201 to the state superintendent on or before October 15 of each year.
3807          Section 113. Section 53G-5-412 is enacted to read:
3808          53G-5-412. Contract with regional service centers.
3809          A public school that is a charter school may enter into a contract with an eligible

3810     regional service center, as defined in Section 53G-4-410, to receive education-related services
3811     from the eligible regional service center.
3812          Section 114. Section 53G-5-413 is enacted to read:
3813          53G-5-413. Charter school governing board meetings -- Rules of order and
3814     procedure.
3815          (1) As used in this section, "rules of order and procedure" means a set of rules that
3816     governs and prescribes in a public meeting:
3817          (a) parliamentary order and procedure;
3818          (b) ethical behavior; and
3819          (c) civil discourse.
3820          (2) Subject to Subsection (4), a charter school governing board shall:
3821          (a) adopt rules of order and procedure to govern a public meeting of the charter school
3822     governing board;
3823          (b) conduct a public meeting in accordance with the rules of order and procedure
3824     described in Subsection (2)(a); and
3825          (c) make the rules of order and procedure described in Subsection (2)(a) available to
3826     the public:
3827          (i) at each public meeting of the charter school governing board; and
3828          (ii) on the charter school governing board's public website, if available.
3829          (3) The requirements of this section do not affect a charter school governing board's
3830     duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
3831          Section 115. Section 53G-5-501, which is renumbered from Section 53A-1a-509 is
3832     renumbered and amended to read:
3833     
Part 5. Noncompliance, Charter Termination, and Liability

3834          [53A-1a-509].      53G-5-501. Noncompliance -- Rulemaking.
3835          (1) If a charter school is found to be out of compliance with the requirements of
3836     Section [53A-1a-507] 53G-5-404 or the school's charter, the charter school authorizer shall
3837     notify the following in writing that the charter school has a reasonable time to remedy the

3838     deficiency, except as otherwise provided in Subsection [53A-1a-510] 53G-5-503(4):
3839          (a) the governing board of the charter school; and
3840          (b) if the charter school is a qualifying charter school with outstanding bonds issued in
3841     accordance with [Chapter 20b, Part 2] Part 6, Charter School Credit Enhancement Program, the
3842     Utah Charter School Finance Authority.
3843          (2) If the charter school does not remedy the deficiency within the established timeline,
3844     the authorizer may:
3845          (a) subject to the requirements of Subsection (4), take one or more of the following
3846     actions:
3847          (i) remove a charter school director or finance officer;
3848          (ii) remove a governing board member; or
3849          (iii) appoint an interim director or mentor to work with the charter school; or
3850          (b) subject to the requirements of Section [53A-1a-510] 53G-5-503, terminate the
3851     school's charter.
3852          (3) The costs of an interim director or mentor appointed pursuant to Subsection (2)(a)
3853     shall be paid from the funds of the charter school for which the interim director or mentor is
3854     working.
3855          (4) The authorizer shall notify the Utah Charter School Finance Authority before the
3856     authorizer takes an action described in Subsections (2)(a)(i) through (iii) if the charter school is
3857     a qualifying charter school with outstanding bonds issued in accordance with [Chapter 20b,
3858     Part 2] Part 6, Charter School Credit Enhancement Program.
3859          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3860     State Board of Education shall make rules:
3861          (a) specifying the timeline for remedying deficiencies under Subsection (1); and
3862          (b) ensuring the compliance of a charter school with its approved charter.
3863          Section 116. Section 53G-5-502, which is renumbered from Section 53A-1a-509.5 is
3864     renumbered and amended to read:
3865          [53A-1a-509.5].      53G-5-502. Voluntary school improvement process.

3866          (1) As used in this section, "high performing charter school" means a charter school
3867     that:
3868          (a) satisfies all requirements of state law and State Board of Education rules;
3869          (b) has operated for at least three years meeting the terms of the school's charter
3870     agreement; and
3871          (c) has students performing at or above the academic performance standard in the
3872     school's charter agreement.
3873          (2) (a) Subject to Subsection (2)(b), a governing board may voluntarily request the
3874     charter school's authorizer to place the school in a school improvement process.
3875          (b) A governing board shall provide notice and a hearing on the governing board's
3876     intent to make a request under Subsection (2)(a) to parents and guardians of students enrolled
3877     in the charter school.
3878          (3) An authorizer may grant a governing board's request to be placed in a school
3879     improvement process if the governing board has provided notice and a hearing under
3880     Subsection (2)(b).
3881          (4) An authorizer that has entered into a school improvement process with a governing
3882     board shall:
3883          (a) enter into a contract with the governing board on the terms of the school
3884     improvement process;
3885          (b) notify the State Board of Education that the authorizer has entered into a school
3886     improvement process with the governing board;
3887          (c) make a report to a committee of the State Board of Education regarding the school
3888     improvement process; and
3889          (d) notify the Utah Charter School Finance Authority that the authorizer has entered
3890     into a school improvement process with the governing board if the charter school is a
3891     qualifying charter school with outstanding bonds issued in accordance with [Chapter 20b, Part
3892     2] Part 6, Charter School Credit Enhancement Program.
3893          (5) Upon notification under Subsection (4)(b), and after the report described in

3894     Subsection (4)(c), the State Board of Education shall notify charter schools and the school
3895     district in which the charter school is located that the governing board has entered into a school
3896     improvement process with the charter school's authorizer.
3897          (6) A high performing charter school or the school district in which the charter school
3898     is located may apply to the governing board to assume operation and control of the charter
3899     school that has been placed in a school improvement process.
3900          (7) A governing board that has entered into a school improvement process shall review
3901     applications submitted under Subsection (6) and submit a proposal to the charter school's
3902     authorizer to:
3903          (a) terminate the school's charter, notwithstanding the requirements of Section
3904     [53A-1a-510] 53G-5-503; and
3905          (b) transfer operation and control of the charter school to:
3906          (i) the school district in which the charter school is located; or
3907          (ii) a high performing charter school.
3908          (8) Except as provided in Subsection (9) and subject to Subsection (10), an authorizer
3909     may:
3910          (a) approve a governing board's proposal under Subsection (7); or
3911          (b) (i) deny a governing board's proposal under Subsection (7); and
3912          (ii) (A) terminate the school's charter in accordance with Section [53A-1a-510]
3913     53G-5-503;
3914          (B) allow the governing board to submit a revised proposal; or
3915          (C) take no action.
3916          (9) An authorizer may not take an action under Subsection (8) for a qualifying charter
3917     school with outstanding bonds issued in accordance with [Chapter 20b, Part 2] Part 6, Charter
3918     School Credit Enhancement Program, without mutual agreement of the Utah Charter School
3919     Finance Authority and the authorizer.
3920          (10) (a) An authorizer that intends to transfer operation and control of a charter school
3921     as described in Subsection (7)(b) shall request approval from the State Board of Education.

3922          (b) (i) The State Board of Education shall consider an authorizer's request under
3923     Subsection (10)(a) within 30 days of receiving the request.
3924          (ii) If the State Board of Education denies an authorizer's request under Subsection
3925     (10)(a), the authorizer may not transfer operation and control of the charter school as described
3926     in Subsection (7)(b).
3927          (iii) If the State Board of Education does not take action on an authorizer's request
3928     under Subsection (10)(a) within 30 days of receiving the request, an authorizer may proceed to
3929     transfer operation and control of the charter school as described in Subsection (7)(b).
3930          Section 117. Section 53G-5-503, which is renumbered from Section 53A-1a-510 is
3931     renumbered and amended to read:
3932          [53A-1a-510].      53G-5-503. Termination of a charter.
3933          (1) Subject to the requirements of Subsection (3), a charter school authorizer may
3934     terminate a school's charter for any of the following reasons:
3935          (a) failure of the charter school to meet the requirements stated in the charter;
3936          (b) failure to meet generally accepted standards of fiscal management;
3937          (c) subject to Subsection (8), failure to make adequate yearly progress under the No
3938     Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq.;
3939          (d) (i) designation as a low performing school under [Chapter 1, Part 12] Title 53E,
3940     Chapter 5, Part 3, School Turnaround and Leadership Development [Act]; and
3941          (ii) failure to improve the school's grade under the conditions described in [Chapter 1,
3942     Part 12] Title 53E, Chapter 5, Part 3, School Turnaround and Leadership Development [Act];
3943          (e) violation of requirements under this [part] chapter or another law; or
3944          (f) other good cause shown.
3945          (2) (a) The authorizer shall notify the following of the proposed termination in writing,
3946     state the grounds for the termination, and stipulate that the governing board may request an
3947     informal hearing before the authorizer:
3948          (i) the governing board of the charter school; and
3949          (ii) if the charter school is a qualifying charter school with outstanding bonds issued in

3950     accordance with [Chapter 20b, Part 2] Part 6, Charter School Credit Enhancement Program, the
3951     Utah Charter School Finance Authority.
3952          (b) Except as provided in Subsection (2)(e), the authorizer shall conduct the hearing in
3953     accordance with Title 63G, Chapter 4, Administrative Procedures Act, within 30 days after
3954     receiving a written request under Subsection (2)(a).
3955          (c) If the authorizer, by majority vote, approves a motion to terminate a charter school,
3956     the governing board of the charter school may appeal the decision to the State Board of
3957     Education.
3958          (d) (i) The State Board of Education shall hear an appeal of a termination made
3959     pursuant to Subsection (2)(c).
3960          (ii) The State Board of Education's action is final action subject to judicial review.
3961          (e) (i) If the authorizer proposes to terminate the charter of a qualifying charter school
3962     with outstanding bonds issued in accordance with [Chapter 20b, Part 2] Part 6, Charter School
3963     Credit Enhancement Program, the authorizer shall conduct a hearing described in Subsection
3964     (2)(b) 120 days or more after notifying the following of the proposed termination:
3965          (A) the governing board of the qualifying charter school; and
3966          (B) the Utah Charter School Finance Authority.
3967          (ii) Prior to the hearing described in Subsection (2)(e)(i), the Utah Charter School
3968     Finance Authority shall meet with the authorizer to determine whether the deficiency may be
3969     remedied in lieu of termination of the qualifying charter school's charter.
3970          (3) An authorizer may not terminate the charter of a qualifying charter school with
3971     outstanding bonds issued in accordance with [Chapter 20b, Part 2] Part 6, Charter School
3972     Credit Enhancement Program, without mutual agreement of the Utah Charter School Finance
3973     Authority and the authorizer.
3974          (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3975     the State Board of Education shall make rules that require a charter school to report any threats
3976     to the health, safety, or welfare of its students to the State Charter School Board in a timely
3977     manner.

3978          (b) The rules under Subsection (4)(a) shall also require the charter school report to
3979     include what steps the charter school has taken to remedy the threat.
3980          (5) Subject to the requirements of Subsection (3), the authorizer may terminate a
3981     charter immediately if good cause has been shown or if the health, safety, or welfare of the
3982     students at the school is threatened.
3983          (6) If a charter is terminated during a school year, the following entities may apply to
3984     the charter school's authorizer to assume operation of the school:
3985          (a) the school district where the charter school is located;
3986          (b) the governing board of another charter school; or
3987          (c) a private management company.
3988          (7) (a) If a charter is terminated, a student who attended the school may apply to and
3989     shall be enrolled in another public school under the enrollment provisions of [Chapter 2, Part
3990     2,] Chapter 6, Part 3, School District [of] Residency, subject to space availability.
3991          (b) Normal application deadlines shall be disregarded under Subsection (7)(a).
3992          (8) Subject to the requirements of Subsection (3), an authorizer may terminate a charter
3993     pursuant to Subsection (1)(c) under the same circumstances that local educational agencies are
3994     required to implement alternative governance arrangements under 20 U.S.C. Sec. 6316.
3995          Section 118. Section 53G-5-504, which is renumbered from Section 53A-1a-510.5 is
3996     renumbered and amended to read:
3997          [53A-1a-510.5].      53G-5-504. Charter school closure.
3998          (1) If a charter school is closed for any reason, including the termination of a charter in
3999     accordance with Section [53A-1a-510] 53G-5-503 or the conversion of a charter school to a
4000     private school, the provisions of this section apply.
4001          (2) A decision to close a charter school is made:
4002          (a) when a charter school authorizer approves a motion to terminate described in
4003     Subsection [53A-1a-510] 53G-5-503(2)(c);
4004          (b) when the State Board of Education takes final action described in Subsection
4005     [53A-1a-510] 53G-5-503(2)(d)(ii); or

4006          (c) when a charter school provides notice to the charter school's authorizer that the
4007     charter school is relinquishing the charter school's charter.
4008          (3) (a) No later than 10 days after the day on which a decision to close a charter school
4009     is made, the charter school shall:
4010          (i) provide notice to the following, in writing, of the decision:
4011          (A) if the charter school made the decision to close, the charter school's authorizer;
4012          (B) the State Charter School Board;
4013          (C) if the State Board of Education did not make the decision to close, the State Board
4014     of Education;
4015          (D) parents of students enrolled at the charter school;
4016          (E) the charter school's creditors;
4017          (F) the charter school's lease holders;
4018          (G) the charter school's bond issuers;
4019          (H) other entities that may have a claim to the charter school's assets;
4020          (I) the school district in which the charter school is located and other charter schools
4021     located in that school district; and
4022          (J) any other person that the charter school determines to be appropriate; and
4023          (ii) post notice of the decision on the Utah Public Notice Website, created in Section
4024     63F-1-701.
4025          (b) The notice described in Subsection (3)(a) shall include:
4026          (i) the proposed date of the charter school closure;
4027          (ii) the charter school's plans to help students identify and transition into a new school;
4028     and
4029          (iii) contact information for the charter school during the transition.
4030          (4) After a decision to close a charter school is made, the closing charter school shall:
4031          (a) designate a custodian for the protection of student files and school business records;
4032          (b) maintain a base of operation throughout the charter school closing, including:
4033          (i) an office;

4034          (ii) hours of operation;
4035          (iii) operational telephone service with voice messaging stating the hours of operation;
4036     and
4037          (iv) a designated individual to respond to questions or requests during the hours of
4038     operation;
4039          (c) maintain insurance coverage and risk management coverage throughout the
4040     transition to closure and for a period following closure of the charter school as specified by the
4041     charter school's authorizer;
4042          (d) complete a financial audit or other procedure required by board rule immediately
4043     after the decision to close is made;
4044          (e) inventory all assets of the charter school; and
4045          (f) list all creditors of the charter school and specifically identify secured creditors and
4046     assets that are security interests.
4047          (5) The closing charter school's authorizer shall oversee the closing charter school's
4048     compliance with Subsection (4).
4049          (6) (a) A closing charter school shall return any assets remaining, after all liabilities
4050     and obligations of the closing charter school are paid or discharged, to the closing charter
4051     school's authorizer.
4052          (b) The closing charter school's authorizer shall liquidate assets at fair market value or
4053     assign the assets to another public school.
4054          (7) The closing charter school's authorizer shall oversee liquidation of assets and
4055     payment of debt in accordance with board rule.
4056          (8) The closing charter school shall:
4057          (a) comply with all state and federal reporting requirements; and
4058          (b) submit all documentation and complete all state and federal reports required by the
4059     closing charter school's authorizer or the State Board of Education , including documents to
4060     verify the closing charter school's compliance with procedural requirements and satisfaction of
4061     all financial issues.

4062          (9) When the closing charter school's financial affairs are closed out and dissolution is
4063     complete, the authorizer shall ensure that a final audit of the charter school is completed.
4064          (10) On or before January 1, 2017, in accordance with Title 63G, Chapter 3, Utah
4065     Administrative Rulemaking Act, the State Board of Education shall, after considering
4066     suggestions from charter school authorizers, make rules that:
4067          (a) provide additional closure procedures for charter schools ; and
4068          (b) establish a charter school closure process.
4069          Section 119. Section 53G-5-505, which is renumbered from Section 53A-1a-514 is
4070     renumbered and amended to read:
4071          [53A-1a-514].      53G-5-505. Tort liability.
4072          (1) An employee of a charter school is a public employee and the governing board is a
4073     public employer in the same manner as a local school board for purposes of tort liability.
4074          (2) The governing board of a charter school, the nonprofit corporation under which the
4075     charter school is organized and managed, and the school are solely liable for any damages
4076     resulting from a legal challenge involving the operation of the school.
4077          Section 120. Section 53G-5-601, which is renumbered from Section 53A-20b-102 is
4078     renumbered and amended to read:
4079     
Part 6. Charter School Credit Enhancement Program

4080          [53A-20b-102].      53G-5-601. Definitions.
4081          As used in this [chapter] part:
4082          (1) "Annual charter school enrollment" means the total enrollment of all students in the
4083     state enrolled in a charter school in grades kindergarten through grade 12, based on October 1
4084     enrollment counts.
4085          (2) "Annual state enrollment" means the total enrollment of all students in the state
4086     enrolled in a public school in grades kindergarten through grade 12, based on October 1
4087     enrollment counts.
4088          (3) "Authority" means the Utah Charter School Finance Authority created by this part.
4089          (4) "Board" means the governing board of the authority described in Section

4090     [53A-20b-103] 53G-5-602.
4091          (5) "Charter school" means a school created under [Title 53A, Chapter 1a, Part 5, The
4092     Utah Charter Schools Act] this chapter.
4093          (6) "Credit enhancement program" means the Charter School Credit Enhancement
4094     Program established in [Part 2, Charter School Credit Enhancement Program] Section
4095     53G-5-606.
4096          (7) "Debt service reserve fund" means the reserve fund created or established by, or for
4097     the benefit of, a qualifying charter school for the purpose of paying principal of and interest on
4098     bonds issued under the credit enhancement program as the payments become due and other
4099     money of the qualifying charter school is not available to make the payments.
4100          (8) "Debt service reserve fund requirement" means, as of a particular date of
4101     computation, and with respect to a particular issue of bonds, the amount required to be on
4102     deposit in the debt service reserve fund, which amount:
4103          (a) may be a sum certain or as set forth in a formula; and
4104          (b) may not be less than the maximum annual debt service requirement for the related
4105     bonds.
4106          (9) (a) "Obligations" mean any notes, debentures, revenue bonds, or other evidences of
4107     financial indebtedness, except as provided in Subsection (9)(b).
4108          (b) "Obligations" do not include general obligation bonds.
4109          (10) "Project" means:
4110          (a) any building, structure, or property owned, to be acquired, or used by a charter
4111     school for any of its educational purposes and the related appurtenances, easements,
4112     rights-of-way, improvements, paving, utilities, landscaping, parking facilities, and lands; or
4113          (b) any capital equipment owned, to be acquired, or used by a charter school for any of
4114     its educational purposes, interests in land, and grounds, together with the personal property
4115     necessary, convenient, or appurtenant to them.
4116          (11) "Qualifying charter school" means a charter school that:
4117          (a) meets standards adopted by the authority for participation in the credit enhancement

4118     program; and
4119          (b) is designated by the authority as a qualifying charter school for purposes of
4120     participation in the credit enhancement program.
4121          (12) "Reserve account" means the Charter School Reserve Account created in Section
4122     [53A-20b-301] 53F-9-303.
4123          Section 121. Section 53G-5-602, which is renumbered from Section 53A-20b-103 is
4124     renumbered and amended to read:
4125          [53A-20b-103].      53G-5-602. Utah Charter School Finance Authority created
4126     -- Members -- Compensation -- Services.
4127          (1) There is created a body politic and corporate known as the Utah Charter School
4128     Finance Authority. The authority is created to provide an efficient and cost-effective method of
4129     financing charter school facilities.
4130          (2) The governing board of the authority shall be composed of:
4131          (a) the governor or the governor's designee;
4132          (b) the state treasurer; and
4133          (c) the state superintendent of public instruction or the state superintendent's designee.
4134          (3) A member may not receive compensation or benefits for the member's service, but
4135     may receive per diem and travel expenses in accordance with:
4136          (a) Section 63A-3-106;
4137          (b) Section 63A-3-107; and
4138          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4139     63A-3-107.
4140          (4) Upon request, the State Board of Education shall provide staff support to the
4141     authority.
4142          Section 122. Section 53G-5-603, which is renumbered from Section 53A-20b-104 is
4143     renumbered and amended to read:
4144          [53A-20b-104].      53G-5-603. Powers and duties of authority.
4145          (1) The authority shall have perpetual succession as a body politic and corporate.

4146          (2) The authority may:
4147          (a) sue and be sued in its own name;
4148          (b) have, and alter at will, an official seal;
4149          (c) contract with experts, advisers, consultants, and agents for needed services;
4150          (d) receive and accept aid or contributions from any source, including the United States
4151     or this state, in the form of money, property, labor, or other things of value to be held, used,
4152     and applied to carry out the purposes of this part, subject to the conditions upon which the aid
4153     and contributions are made, for any purpose consistent with this part;
4154          (e) exercise the powers granted to municipalities and counties pursuant to Title 11,
4155     Chapter 17, Utah Industrial Facilities and Development Act, including the power to borrow
4156     money and issue obligations, including refunding obligations, subject to the same limitations as
4157     that imposed on a municipality or county under the act, except:
4158          (i) the authority may only exercise powers under the act to finance or refinance a
4159     project as defined in Section [53A-20b-102] 53G-5-601; and
4160          (ii) the authority's area of operation shall include all areas of the state;
4161          (f) employ advisers, consultants, and agents, including financial experts, independent
4162     legal counsel, and any advisers, consultants, and agents as may be necessary in its judgment
4163     and fix their compensation;
4164          (g) make and execute contracts and other instruments necessary or convenient for the
4165     performance of its duties and the exercise of its powers and functions;
4166          (h) in accordance with Section [53A-20b-201] 53G-5-606, designate a charter school
4167     as a qualifying charter school for purposes of participation in the credit enhancement program;
4168     and
4169          (i) have and exercise any other powers or duties that are necessary or appropriate to
4170     carry out and effectuate the purposes of this [chapter] part.
4171          (3) Except as provided in [Part 2, Charter School Credit Enhancement Program]
4172     Section 53G-5-607, 53G-5-608, or 53G-5-609, the Utah Charter School Finance Authority may
4173     not exercise power in any manner which would create general or moral obligations of the state

4174     or of any agency, department, or political subdivision of the state.
4175          Section 123. Section 53G-5-604, which is renumbered from Section 53A-20b-105 is
4176     renumbered and amended to read:
4177          [53A-20b-105].      53G-5-604. Limited obligations.
4178          Except as provided in [Part 2, Charter School Credit Enhancement Program] Section
4179     53G-5-607, 53G-5-608, or 53G-5-609, bonds, notes, and other obligations issued by the
4180     authority:
4181          (1) do not constitute a debt, moral obligation, or liability of the state, or of any county,
4182     city, town, school district, or any other political subdivision of the state;
4183          (2) do not constitute the loan of credit of the state or of any county, city, town, school
4184     district, or any other political subdivision of the state; and
4185          (3) may not be paid from funds other than loan payments or lease revenues received
4186     from a charter school or other funds pledged by a charter school.
4187          Section 124. Section 53G-5-605, which is renumbered from Section 53A-20b-106 is
4188     renumbered and amended to read:
4189          [53A-20b-106].      53G-5-605. State to succeed to property of authority when
4190     encumbrances paid or authority dissolved.
4191          (1) If the authority is dissolved at any time, for any reason, all funds, property, rights,
4192     and interests of the authority, following the satisfaction of the authority's obligations, shall
4193     immediately vest in and become the property of the state, which shall succeed to all rights of
4194     the authority subject to any encumbrances which may then exist on any particular properties.
4195          (2) None of the net earnings of the authority shall inure to the benefit of any private
4196     person.
4197          Section 125. Section 53G-5-606, which is renumbered from Section 53A-20b-201 is
4198     renumbered and amended to read:
4199          [53A-20b-201].      53G-5-606. Charter School Credit Enhancement Program --
4200     Standards for the designation of qualifying charter schools -- Debt service reserve fund
4201     requirements.

4202          (1) There is created the Charter School Credit Enhancement Program to assist
4203     qualifying charter schools in obtaining favorable financing by providing a means of
4204     replenishing a qualifying charter school's debt service reserve fund.
4205          (2) The authority shall establish standards for a charter school to be designated as a
4206     qualifying charter school.
4207          (3) In establishing the standards described in Subsection (2) the authority shall
4208     consider:
4209          (a) whether a charter school has received an investment grade rating, independent of
4210     any rating enhancement resulting from the issuance of bonds pursuant to the credit
4211     enhancement program;
4212          (b) the location of the charter school's project;
4213          (c) the operating history of the charter school;
4214          (d) the financial strength of the charter school; and
4215          (e) any other criteria the authority determines are relevant.
4216          (4) The bonds issued by the authority for a qualifying charter school are not an
4217     indebtedness of the state or of the authority but are special obligations payable solely from:
4218          (a) the revenues or other funds pledged by the qualifying charter school; and
4219          (b) amounts appropriated by the Legislature pursuant to Subsection (9).
4220          (5) The authority shall notify the authorizer of a charter school that the charter school is
4221     participating in the credit enhancement program if the authority:
4222          (a) designates the charter school as a qualifying charter school; and
4223          (b) issues bonds for the qualifying charter school under the credit enhancement
4224     program.
4225          (6) One or more debt service reserve funds shall be established for a qualifying charter
4226     school with respect to bonds issued pursuant to the credit enhancement program.
4227          (7) (a) Except as provided in Subsection (7)(b), money in a debt service reserve fund
4228     may not be withdrawn from the debt service reserve fund if the amount withdrawn would
4229     reduce the level of money in the debt service reserve fund to less than the debt service reserve

4230     fund requirement.
4231          (b) So long as the applicable bonds issued under the credit enhancement program
4232     remain outstanding, money in a debt service reserve fund may be withdrawn in an amount that
4233     would reduce the level of money in the debt service reserve fund to less than the debt service
4234     reserve fund requirement if the money is withdrawn for the purpose of:
4235          (i) paying the principal of, redemption price of, or interest on a bond when due and if
4236     no other money of the qualifying charter school is available to make the payment, as
4237     determined by the authority; or
4238          (ii) paying any redemption premium required to be paid when the bonds are redeemed
4239     prior to maturity if no bonds will remain outstanding upon payment from the funds in the
4240     qualifying charter school's debt service reserve fund.
4241          (8) Money in a qualifying charter school's debt service reserve fund that exceeds the
4242     debt service reserve fund requirement may be withdrawn by the qualifying charter school.
4243          (9) (a) The authority shall annually, on or before December 1, certify to the governor
4244     the amount, if any, required to restore amounts on deposit in the debt service reserve funds of
4245     qualifying charter schools to the respective debt service reserve fund requirements.
4246          (b) The governor shall request from the Legislature an appropriation of the certified
4247     amount to restore amounts on deposit in the debt service reserve funds of qualifying charter
4248     schools to the respective debt service reserve fund requirements.
4249          (c) The Legislature may appropriate money to the authority to restore amounts on
4250     deposit in the debt service reserve funds of qualifying charter schools to the respective debt
4251     service reserve fund requirements.
4252          (d) A qualifying charter school that receives money from an appropriation to restore
4253     amounts on deposit in a debt service reserve fund to the debt service reserve fund requirement,
4254     shall repay the state at the time and in the manner as the authority shall require.
4255          (10) The authority may create and establish other funds for its purposes.
4256          Section 126. Section 53G-5-607, which is renumbered from Section 53A-20b-202 is
4257     renumbered and amended to read:

4258          [53A-20b-202].      53G-5-607. Charter School Reserve Account contribution
4259     requirements for qualifying charter schools.
4260          (1) When bonds are issued under the credit enhancement program for a qualifying
4261     charter school, the qualifying charter school shall contribute money to the reserve account in
4262     the amount determined as provided in Subsection (2).
4263          (2) The authority shall determine the up-front and ongoing requirements for
4264     contributions of money to the reserve account for each qualifying charter school.
4265          Section 127. Section 53G-5-608, which is renumbered from Section 53A-20b-203 is
4266     renumbered and amended to read:
4267          [53A-20b-203].      53G-5-608. Bond issuance.
4268          (1) (a) The state may not alter, impair, or limit the rights of bondholders or persons
4269     contracting with a qualifying charter school until the bonds, including interest and other
4270     contractual obligations, are fully met and discharged.
4271          (b) Nothing in this [chapter] part precludes an alteration, impairment, or limitation if
4272     provision is made by law for the protection of bondholders or persons entering into contracts
4273     with a qualifying charter school.
4274          (2) The authority may require a qualifying charter school to vest in the authority the
4275     right to enforce any covenant made to secure bonds issued under the credit enhancement
4276     program by making appropriate provisions in the indenture related to the qualifying charter
4277     school's bonds.
4278          (3) The authority may require a qualifying charter school to make covenants and
4279     agreements in indentures or in a reimbursement agreement to protect the interests of the state
4280     and to secure repayment to the state of any money received by the qualifying charter school
4281     from an appropriation to restore amounts deposited in the qualifying charter school's debt
4282     service reserve fund to the debt service reserve fund requirement.
4283          (4) The authority may charge a fee to administer the issuance of bonds for a qualifying
4284     charter school.
4285          Section 128. Section 53G-5-609, which is renumbered from Section 53A-20b-204 is

4286     renumbered and amended to read:
4287          [53A-20b-204].      53G-5-609. Limitation on participation in Charter School
4288     Credit Enhancement Program.
4289          (1) In accordance with Subsection (2), on or before January 1 of each year, the
4290     authority shall determine the credit enhancement program's bond issuance limitation.
4291          (2) The authority may not issue bonds for a qualifying charter school under the credit
4292     enhancement program if the total par amount outstanding under the program would exceed an
4293     amount equal to the product of:
4294          (a) 1.3;
4295          (b) an amount equal to the quotient of:
4296          (i) annual charter school enrollment; divided by
4297          (ii) annual state enrollment; and
4298          (c) the total par amount then outstanding under the school bond guarantee program
4299     established in [Chapter 28, Utah School Bond Guaranty Act] Chapter 4, Part 8, School District
4300     Bond Guaranty.
4301          Section 129. Section 53G-6-101 is enacted to read:
4302     
CHAPTER 6. PARTICIPATION IN PUBLIC SCHOOLS

4303     
Part 1. General Provisions

4304          53G-6-101. Title.
4305          This chapter is known as "Participation in Public Schools."
4306          Section 130. Section 53G-6-102 is enacted to read:
4307          53G-6-102. Definitions.
4308          Reserved
4309          Section 131. Section 53G-6-201, which is renumbered from Section 53A-11-101 is
4310     renumbered and amended to read:
4311     
Part 2. Compulsory Education

4312          [53A-11-101].      53G-6-201. Definitions.
4313          For purposes of this part:

4314          (1) (a) "Absence" or "absent" means, consistent with Subsection (1)(b), failure of a
4315     school-age minor assigned to a class or class period to attend the entire class or class period.
4316          (b) A school-age minor may not be considered absent under this part more than one
4317     time during one day.
4318          (2) "Habitual truant" means a school-age minor who:
4319          (a) is at least 12 years old;
4320          (b) is subject to the requirements of Section [53A-11-101.5] 53G-6-202; and
4321          (c) (i) is truant at least 10 times during one school year; or
4322          (ii) fails to cooperate with efforts on the part of school authorities to resolve the
4323     minor's attendance problem as required under Section [53A-11-103] 53G-6-206.
4324          (3) "Minor" means a person under the age of 18 years.
4325          (4) "Parent" includes:
4326          (a) a custodial parent of the minor;
4327          (b) a legally appointed guardian of a minor; or
4328          (c) any other person purporting to exercise any authority over the minor which could be
4329     exercised by a person described in Subsection (4)(a) or (b).
4330          (5) "School-age minor" means a minor who:
4331          (a) is at least six years old, but younger than 18 years old; and
4332          (b) is not emancipated.
4333          (6) "School year" means the period of time designated by a local school board or local
4334     charter board as the school year for the school where the school-age minor:
4335          (a) is enrolled; or
4336          (b) should be enrolled, if the school-age minor is not enrolled in school.
4337          (7) "Truant" means absent without a valid excuse.
4338          (8) "Truant minor" means a school-age minor who:
4339          (a) is subject to the requirements of Section [53A-11-101.5] 53G-6-202 or
4340     [53A-11-101.7] 53G-6-203; and
4341          (b) is truant.

4342          (9) "Valid excuse" means:
4343          (a) an illness;
4344          (b) a family death;
4345          (c) an approved school activity;
4346          (d) an absence permitted by a school-age minor's:
4347          (i) individualized education program, developed pursuant to the Individuals with
4348     Disabilities Education Improvement Act of 2004, as amended; or
4349          (ii) accommodation plan, developed pursuant to Section 504 of the Rehabilitation Act
4350     of 1973, as amended; or
4351          (e) any other excuse established as valid by a local school board, local charter board, or
4352     school district.
4353          Section 132. Section 53G-6-202, which is renumbered from Section 53A-11-101.5 is
4354     renumbered and amended to read:
4355          [53A-11-101.5].      53G-6-202. Compulsory education.
4356          (1) For purposes of this section:
4357          (a) "Intentionally" is as defined in Section 76-2-103.
4358          (b) "Recklessly" is as defined in Section 76-2-103.
4359          (c) "Remainder of the school year" means the portion of the school year beginning on
4360     the day after the day on which the notice of compulsory education violation described in
4361     Subsection (3) is served and ending on the last day of the school year.
4362          (d) "School-age child" means a school-age minor under the age of 14.
4363          (2) Except as provided in Section [53A-11-102] 53G-6-204 or [53A-11-102.5]
4364     53G-6-702, the parent of a school-age minor shall enroll and send the school-age minor to a
4365     public or regularly established private school.
4366          (3) A school administrator, a designee of a school administrator, a law enforcement
4367     officer acting as a school resource officer, or a truancy specialist may issue a notice of
4368     compulsory education violation to a parent of a school-age child if the school-age child is
4369     absent without a valid excuse at least five times during the school year.

4370          (4) The notice of compulsory education violation, described in Subsection (3):
4371          (a) shall direct the parent of the school-age child to:
4372          (i) meet with school authorities to discuss the school-age child's school attendance
4373     problems; and
4374          (ii) cooperate with the school board, local charter board, or school district in securing
4375     regular attendance by the school-age child;
4376          (b) shall designate the school authorities with whom the parent is required to meet;
4377          (c) shall state that it is a class B misdemeanor for the parent of the school-age child to
4378     intentionally or recklessly:
4379          (i) fail to meet with the designated school authorities to discuss the school-age child's
4380     school attendance problems; or
4381          (ii) fail to prevent the school-age child from being absent without a valid excuse five or
4382     more times during the remainder of the school year;
4383          (d) shall be served on the school-age child's parent by personal service or certified
4384     mail; and
4385          (e) may not be issued unless the school-age child has been truant at least five times
4386     during the school year.
4387          (5) It is a class B misdemeanor for a parent of a school-age minor to intentionally or
4388     recklessly fail to enroll the school-age minor in school, unless the school-age minor is exempt
4389     from enrollment under Section [53A-11-102] 53G-6-204 or [53A-11-102.5] 53G-6-702.
4390          (6) It is a class B misdemeanor for a parent of a school-age child to, after being served
4391     with a notice of compulsory education violation in accordance with Subsections (3) and (4),
4392     intentionally or recklessly:
4393          (a) fail to meet with the school authorities designated in the notice of compulsory
4394     education violation to discuss the school-age child's school attendance problems; or
4395          (b) fail to prevent the school-age child from being absent without a valid excuse five or
4396     more times during the remainder of the school year.
4397          (7) A local school board, local charter board, or school district shall report violations of

4398     this section to the appropriate county or district attorney.
4399          Section 133. Section 53G-6-203, which is renumbered from Section 53A-11-101.7 is
4400     renumbered and amended to read:
4401          [53A-11-101.7].      53G-6-203. Truancy -- Notice of truancy -- Failure to
4402     cooperate with school authorities.
4403          (1) Except as provided in Section [53A-11-102] 53G-6-204 or [53A-11-102.5]
4404     53G-6-702, a school-age minor who is enrolled in a public school shall attend the public school
4405     in which the school-age minor is enrolled.
4406          (2) A local school board, charter school governing board, or school district may impose
4407     administrative penalties on a school-age minor in accordance with Section [53A-11-911]
4408     53G-8-211 who is truant.
4409          (3) A local school board or charter school governing board:
4410          (a) may authorize a school administrator, a designee of a school administrator, a law
4411     enforcement officer acting as a school resource officer, or a truancy specialist to issue notices
4412     of truancy to school-age minors who are at least 12 years old; and
4413          (b) shall establish a procedure for a school-age minor, or the school-age minor's
4414     parents, to contest a notice of truancy.
4415          (4) The notice of truancy described in Subsection (3):
4416          (a) may not be issued until the school-age minor has been truant at least five times
4417     during the school year;
4418          (b) may not be issued to a school-age minor who is less than 12 years old;
4419          (c) may not be issued to a minor exempt from school attendance as provided in Section
4420     [53A-11-102] 53G-6-204 or [53A-11-102.5] 53G-6-702;
4421          (d) shall direct the school-age minor and the parent of the school-age minor to:
4422          (i) meet with school authorities to discuss the school-age minor's truancies; and
4423          (ii) cooperate with the school board, local charter board, or school district in securing
4424     regular attendance by the school-age minor; and
4425          (e) shall be mailed to, or served on, the school-age minor's parent.

4426          (5) Nothing in this part prohibits a local school board, charter school governing board,
4427     or school district from taking action to resolve a truancy problem with a school-age minor who
4428     has been truant less than five times, provided that the action does not conflict with the
4429     requirements of this part.
4430          Section 134. Section 53G-6-204, which is renumbered from Section 53A-11-102 is
4431     renumbered and amended to read:
4432          [53A-11-102].      53G-6-204. Minors exempt from school attendance.
4433          (1) (a) A local school board or charter school governing board may excuse a school-age
4434     minor from attendance for any of the following reasons:
4435          (i) a school-age minor over age 16 may receive a partial release from school to enter
4436     employment, or attend a trade school, if the school-age minor has completed the eighth grade;
4437     or
4438          (ii) on an annual basis, a school-age minor may receive a full release from attending a
4439     public, regularly established private, or part-time school or class if:
4440          (A) the school-age minor has already completed the work required for graduation from
4441     high school, or has demonstrated mastery of required skills and competencies in accordance
4442     with Subsection [53A-15-102] 53F-2-501(1);
4443          (B) the school-age minor is in a physical or mental condition, certified by a competent
4444     physician if required by the local school board or charter school governing board, which
4445     renders attendance inexpedient and impracticable;
4446          (C) proper influences and adequate opportunities for education are provided in
4447     connection with the school-age minor's employment; or
4448          (D) the district superintendent or charter school governing board has determined that a
4449     school-age minor over the age of 16 is unable to profit from attendance at school because of
4450     inability or a continuing negative attitude toward school regulations and discipline.
4451          (b) A school-age minor receiving a partial release from school under Subsection
4452     (1)(a)(i) is required to attend:
4453          (i) school part time as prescribed by the local school board or charter school governing

4454     board; or
4455          (ii) a home school part time.
4456          (c) In each case, evidence of reasons for granting an exemption under Subsection (1)
4457     must be sufficient to satisfy the local school board or charter school governing board.
4458          (d) A local school board or charter school governing board that excuses a school-age
4459     minor from attendance as provided by this Subsection (1) shall issue a certificate that the minor
4460     is excused from attendance during the time specified on the certificate.
4461          (2) (a) A local school board shall excuse a school-age minor from attendance, if the
4462     school-age minor's parent files a signed and notarized affidavit with the school-age minor's
4463     school district of residence, as defined in Section [53A-2-201] 53G-6-302, that:
4464          (i) the school-age minor will attend a home school; and
4465          (ii) the parent assumes sole responsibility for the education of the school-age minor,
4466     except to the extent the school-age minor is dual enrolled in a public school as provided in
4467     Section [53A-11-102.5] 53G-6-702.
4468          (b) A signed and notarized affidavit filed in accordance with Subsection (2)(a) shall
4469     remain in effect as long as:
4470          (i) the school-age minor attends a home school; and
4471          (ii) the school district where the affidavit was filed remains the school-age minor's
4472     district of residence.
4473          (c) A parent of a school-age minor who attends a home school is solely responsible for:
4474          (i) the selection of instructional materials and textbooks;
4475          (ii) the time, place, and method of instruction; and
4476          (iii) the evaluation of the home school instruction.
4477          (d) A local school board may not:
4478          (i) require a parent of a school-age minor who attends a home school to maintain
4479     records of instruction or attendance;
4480          (ii) require credentials for individuals providing home school instruction;
4481          (iii) inspect home school facilities; or

4482          (iv) require standardized or other testing of home school students.
4483          (e) Upon the request of a parent, a local school board shall identify the knowledge,
4484     skills, and competencies a student is recommended to attain by grade level and subject area to
4485     assist the parent in achieving college and career readiness through home schooling.
4486          (f) A local school board that excuses a school-age minor from attendance as provided
4487     by this Subsection (2) shall annually issue a certificate stating that the school-age minor is
4488     excused from attendance for the specified school year.
4489          (g) A local school board shall issue a certificate excusing a school-age minor from
4490     attendance:
4491          (i) within 30 days after receipt of a signed and notarized affidavit filed by the
4492     school-age minor's parent pursuant to Subsection (2); and
4493          (ii) on or before August 1 each year thereafter unless:
4494          (A) the school-age minor enrolls in a school within the school district;
4495          (B) the school-age minor's parent or guardian notifies the school district that the
4496     school-age minor no longer attends a home school; or
4497          (C) the school-age minor's parent or guardian notifies the school district that the
4498     school-age minor's school district of residence has changed.
4499          (3) A parent who files a signed and notarized affidavit as provided in Subsection (2)(a)
4500     is exempt from the application of Subsections [53A-11-101.5] 53G-6-202(2), (5), and (6).
4501          (4) Nothing in this section may be construed to prohibit or discourage voluntary
4502     cooperation, resource sharing, or testing opportunities between a school or school district and a
4503     parent or guardian of a minor attending a home school.
4504          Section 135. Section 53G-6-205, which is renumbered from Section 53A-11-101.3 is
4505     renumbered and amended to read:
4506          [53A-11-101.3].      53G-6-205. Preapproval of extended absence.
4507          In determining whether to preapprove an extended absence of a school-age minor as a
4508     valid excuse under Subsection [53A-11-101] 53G-6-201(9)(e), a local school board, local
4509     charter board, or school district shall approve the absence if the local school board, local

4510     charter board, or school district determines that the extended absence will not adversely impact
4511     the school-age minor's education.
4512          Section 136. Section 53G-6-206, which is renumbered from Section 53A-11-103 is
4513     renumbered and amended to read:
4514          [53A-11-103].      53G-6-206. Duties of a school board, local charter board, or
4515     school district in resolving attendance problems -- Parental involvement -- Liability not
4516     imposed.
4517          (1) (a) Except as provided in Subsection (1)(b), a local school board, local charter
4518     board, or school district shall make efforts to resolve the school attendance problems of each
4519     school-age minor who is, or should be, enrolled in the school district.
4520          (b) A minor exempt from school attendance under Section [53A-11-102] 53G-6-204 or
4521     [53A-11-102.5] 53G-6-702 is not considered to be a minor who is or should be enrolled in a
4522     school district or charter school under Subsection (1)(a).
4523          (2) The efforts described in Subsection (1) shall include, as reasonably feasible:
4524          (a) counseling of the minor by school authorities;
4525          (b) issuing a notice of truancy to a school-age minor who is at least 12 years old, in
4526     accordance with Section [53A-11-101.7] 53G-6-203;
4527          (c) issuing a notice of compulsory education violation to a parent of a school-age child,
4528     in accordance with Section [53A-11-101.5] 53G-6-202;
4529          (d) making any necessary adjustment to the curriculum and schedule to meet special
4530     needs of the minor;
4531          (e) considering alternatives proposed by a parent;
4532          (f) monitoring school attendance of the minor;
4533          (g) voluntary participation in truancy mediation, if available; and
4534          (h) providing a school-age minor's parent, upon request, with a list of resources
4535     available to assist the parent in resolving the school-age minor's attendance problems.
4536          (3) In addition to the efforts described in Subsection (2), the local school board, local
4537     charter board, or school district may enlist the assistance of community and law enforcement

4538     agencies as appropriate and reasonably feasible in accordance with Section [53A-11-911]
4539     53G-8-211.
4540          (4) This section does not impose civil liability on boards of education, local school
4541     boards, local charter boards, school districts, or their employees.
4542          (5) Proceedings initiated under this part do not obligate or preclude action by the
4543     Division of Child and Family Services under Section 78A-6-319.
4544          Section 137. Section 53G-6-207, which is renumbered from Section 53A-11-104 is
4545     renumbered and amended to read:
4546          [53A-11-104].      53G-6-207. Truancy specialists.
4547          A local school board or local charter board may appoint and fix the compensation of a
4548     truancy specialist to assist in enforcing laws related to school attendance and to perform other
4549     duties prescribed by law or the board.
4550          Section 138. Section 53G-6-208, which is renumbered from Section 53A-11-105 is
4551     renumbered and amended to read:
4552          [53A-11-105].      53G-6-208. Taking custody of a person believed to be a
4553     truant minor -- Disposition -- Reports -- Immunity from liability.
4554          (1) A peace officer or public school administrator may take a minor into temporary
4555     custody if there is reason to believe the minor is a truant minor.
4556          (2) An individual taking a school-age minor into custody under Subsection (1) shall,
4557     without unnecessary delay, release the minor to:
4558          (a) the principal of the minor's school;
4559          (b) a person who has been designated by the local school board or local charter board
4560     to receive and return the minor to school; or
4561          (c) a truancy center established under Subsection (5).
4562          (3) If the minor refuses to return to school or go to the truancy center, the officer or
4563     administrator shall, without unnecessary delay, notify the minor's parents and release the minor
4564     to their custody.
4565          (4) If the parents cannot be reached or are unable or unwilling to accept custody and

4566     none of the options in Subsection (2) are available, the minor shall be referred to the Division
4567     of Child and Family Services.
4568          (5) (a) A local school board or local charter board, singly or jointly with another school
4569     board, may establish or designate truancy centers within existing school buildings and staff the
4570     centers with existing teachers or staff to provide educational guidance and counseling for truant
4571     minors. Upon receipt of a truant minor, the center shall, without unnecessary delay, notify and
4572     direct the minor's parents to come to the center, pick up the minor, and return the minor to the
4573     school in which the minor is enrolled.
4574          (b) If the parents cannot be reached or are unable or unwilling to comply with the
4575     request within a reasonable time, the center shall take such steps as are reasonably necessary to
4576     insure the safety and well being of the minor, including, when appropriate, returning the minor
4577     to school or referring the minor to the Division of Child and Family Services. A minor taken
4578     into custody under this section may not be placed in a detention center or other secure
4579     confinement facility.
4580          (6) Action taken under this section shall be reported to the appropriate school district.
4581     The district shall promptly notify the minor's parents of the action taken.
4582          (7) The Utah Governmental Immunity Act applies to all actions taken under this
4583     section.
4584          (8) Nothing in this section may be construed to grant authority to a public school
4585     administrator to place a minor in the custody of the Division of Child and Family Services,
4586     without complying with Title 62A, Chapter 4a, Part 2, Child Welfare Services, and Title 78A,
4587     Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
4588          Section 139. Section 53G-6-209, which is renumbered from Section 53A-11-106 is
4589     renumbered and amended to read:
4590          [53A-11-106].      53G-6-209. Truancy support centers.
4591          (1) A school district may establish one or more truancy support centers for:
4592          (a) truant minors taken into custody under Section [53A-11-105] 53G-6-208; or
4593          (b) students suspended or expelled from school.

4594          (2) A truancy support center shall provide services to the truant minor and the truant
4595     minor's family, including:
4596          (a) assessments of the truant minor's needs and abilities;
4597          (b) support for the parents and truant minor through counseling and community
4598     programs; and
4599          (c) tutoring for the truant minor during the time spent at the center.
4600          (3) For the suspended or expelled student, the truancy support center shall provide an
4601     educational setting, staffed with certified teachers and aides, to provide the student with
4602     ongoing educational programming appropriate to the student's grade level.
4603          (4) In a district with a truancy support center, all students suspended or expelled from
4604     school shall be referred to the center. A parent or guardian shall appear with the student at the
4605     center within 48 hours of the suspension or expulsion, not including weekends or holidays.
4606     The student shall register and attend classes at the truancy support center for the duration of the
4607     suspension or expulsion unless the parent or guardian demonstrates that alternative
4608     arrangements have been made for the education or supervision of the student during the time of
4609     suspension or expulsion.
4610          (5) The truancy support center may provide counseling and other support programming
4611     for students suspended or expelled from school and their parents or guardian.
4612          Section 140. Section 53G-6-301 is enacted to read:
4613     
Part 3. School District Residency

4614          53G-6-301. Definitions.
4615          Reserved
4616          Section 141. Section 53G-6-302, which is renumbered from Section 53A-2-201 is
4617     renumbered and amended to read:
4618          [53A-2-201].      53G-6-302. Child's school district of residence --
4619     Determination -- Responsibility for providing educational services.
4620          (1) As used in this section:
4621          (a) "Health care facility" means the same as that term is defined in Section 26-21-2.

4622          (b) "Human services program" means the same as that term is defined in Section
4623     62A-2-101.
4624          (2) The school district of residence of a minor child whose custodial parent or legal
4625     guardian resides within Utah is:
4626          (a) the school district in which the custodial parent or legal guardian resides; or
4627          (b) the school district in which the child resides:
4628          (i) while in the custody or under the supervision of a Utah state agency;
4629          (ii) while under the supervision of a private or public agency which is in compliance
4630     with Section 62A-4a-606 and is authorized to provide child placement services by the state;
4631          (iii) while living with a responsible adult resident of the district, if a determination has
4632     been made in accordance with rules made by the State Board of Education in accordance with
4633     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
4634          (A) the child's physical, mental, moral, or emotional health will best be served by
4635     considering the child to be a resident for school purposes;
4636          (B) exigent circumstances exist that do not permit the case to be appropriately
4637     addressed under Section [53A-2-207] 53G-6-402; and
4638          (C) considering the child to be a resident of the district under this Subsection (2)(b)(iii)
4639     does not violate any other law or rule of the State Board of Education;
4640          (iv) while the child is receiving services from a health care facility or human services
4641     program, if a determination has been made in accordance with rules made by the State Board of
4642     Education in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
4643          (A) the child's physical, mental, moral, or emotional health will best be served by
4644     considering the child to be a resident for school purposes;
4645          (B) exigent circumstances exist that do not permit the case to be appropriately
4646     addressed under Section [53A-2-207] 53G-6-402; and
4647          (C) considering the child to be a resident of the district under this Subsection (2)(b)(iv)
4648     does not violate any other law or rule of the State Board of Education; or
4649          (v) if the child is married or has been determined to be an emancipated minor by a

4650     court of law or by a state administrative agency authorized to make that determination.
4651          (3) A minor child whose custodial parent or legal guardian does not reside in the state
4652     is considered to be a resident of the district in which the child lives, unless that designation
4653     violates any other law or rule of the State Board of Education, if:
4654          (a) the child is married or an emancipated minor under Subsection (2)(b)(v);
4655          (b) the child lives with a resident of the district who is a responsible adult and whom
4656     the district agrees to designate as the child's legal guardian under Section [53A-2-202]
4657     53G-6-303; or
4658          (c) if permissible under policies adopted by a local school board, it is established to the
4659     satisfaction of the local school board that:
4660          (i) the child lives with a responsible adult who is a resident of the district and is the
4661     child's noncustodial parent, grandparent, brother, sister, uncle, or aunt;
4662          (ii) the child's presence in the district is not for the primary purpose of attending the
4663     public schools;
4664          (iii) the child's physical, mental, moral, or emotional health will best be served by
4665     considering the child to be a resident for school purposes; and
4666          (iv) the child is prepared to abide by the rules and policies of the school and school
4667     district in which attendance is sought.
4668          (4) (a) If admission is sought under Subsection (2)(b)(iii), or (3)(c), then the district
4669     may require the person with whom the child lives to be designated as the child's custodian in a
4670     durable power of attorney, issued by the party who has legal custody of the child, granting the
4671     custodian full authority to take any appropriate action, including authorization for educational
4672     or medical services, in the interests of the child.
4673          (b) Both the party granting and the party empowered by the power of attorney shall
4674     agree to:
4675          (i) assume responsibility for any fees or other charges relating to the child's education
4676     in the district; and
4677          (ii) if eligibility for fee waivers is claimed under Section [53A-12-103] 53G-7-504,

4678     provide the school district with all financial information requested by the district for purposes
4679     of determining eligibility for fee waivers.
4680          (c) Notwithstanding Section 75-5-103, a power of attorney meeting the requirements of
4681     this section and accepted by the school district shall remain in force until the earliest of the
4682     following occurs:
4683          (i) the child reaches the age of 18, marries, or becomes emancipated;
4684          (ii) the expiration date stated in the document; or
4685          (iii) the power of attorney is revoked or rendered inoperative by the grantor or grantee,
4686     or by order of a court of competent jurisdiction.
4687          (5) A power of attorney does not confer legal guardianship.
4688          (6) Each school district is responsible for providing educational services for all
4689     children of school age who are residents of the district.
4690          Section 142. Section 53G-6-303, which is renumbered from Section 53A-2-202 is
4691     renumbered and amended to read:
4692          [53A-2-202].      53G-6-303. Guardianship for residency purposes by
4693     responsible adult -- Procedure to obtain -- Termination.
4694          (1) For purposes of this part, "responsible adult" means a person 21 years of age or
4695     older who is a resident of this state and is willing and able to provide reasonably adequate food,
4696     clothing, shelter, and supervision for a minor child.
4697          (2) A local board of education may adopt a policy permitting it to designate a
4698     responsible adult residing in the school district as legal guardian of a child whose custodial
4699     parent or legal guardian does not reside within the state upon compliance with the following
4700     requirements:
4701          (a) submission to the school district of a signed and notarized affidavit by the child's
4702     custodial parent or legal guardian stating that:
4703          (i) the child's presence in the district is not for the primary purpose of attending the
4704     public schools;
4705          (ii) the child's physical, mental, moral, or emotional health would best be served by a

4706     transfer of guardianship to the Utah resident;
4707          (iii) the affiant is aware that designation of a guardian under this section is equivalent
4708     to a court-ordered guardianship under Section 75-5-206 and will suspend or terminate any
4709     existing parental or guardianship rights in the same manner as would occur under a
4710     court-ordered guardianship;
4711          (iv) the affiant consents and submits to any such suspension or termination of parental
4712     or guardianship rights;
4713          (v) the affiant consents and submits to the jurisdiction of the state district court in
4714     which the school district is located in any action relating to the guardianship or custody of the
4715     child in question;
4716          (vi) the affiant designates a named responsible adult as agent, authorized to accept
4717     service on behalf of the affiant of any process, notice, or demand required or permitted to be
4718     served in connection with any action under Subsection (2)(a)(v); and
4719          (vii) it is the affiant's intent that the child become a permanent resident of the state and
4720     reside with and be under the supervision of the named responsible adult;
4721          (b) submission to the school district of a signed and notarized affidavit by the
4722     responsible adult stating that:
4723          (i) the affiant is a resident of the school district and desires to become the guardian of
4724     the child;
4725          (ii) the affiant consents and submits to the jurisdiction of the state district court in
4726     which the school district is located in any action relating to the guardianship or custody of the
4727     child in question;
4728          (iii) the affiant will accept the responsibilities of guardianship for the duration,
4729     including the responsibility to provide adequate supervision, discipline, food, shelter,
4730     educational and emotional support, and medical care for the child if designated as the child's
4731     guardian; and
4732          (iv) the affiant accepts the designation as agent under Subsection (2)(a)(vi);
4733          (c) submission to the school district of a signed and notarized affidavit by the child

4734     stating that:
4735          (i) the child desires to become a permanent resident of Utah and reside with and be
4736     responsible to the named responsible adult; and
4737          (ii) the child will abide by all applicable rules of any public school which the child may
4738     attend after guardianship is awarded; and
4739          (d) if the child's custodial parent or legal guardian cannot be found in order to execute
4740     the statement required under Subsection (2)(a), the responsible adult must submit an affidavit
4741     to that effect to the district. The district shall also submit a copy of the statement to the
4742     Criminal Investigations and Technical Services Division of the Department of Public Safety,
4743     established in Section 53-10-103.
4744          (3) The district may require the responsible adult, in addition to the documents set forth
4745     in Subsection (2), to also submit any other documents which are relevant to the appointment of
4746     a guardian of a minor or which the district reasonably believes to be necessary in connection
4747     with a given application to substantiate any claim or assertion made in connection with the
4748     application for guardianship.
4749          (4) Upon receipt of the information and documentation required under Subsections (2)
4750     and (3), and a determination by the board that the information is accurate, that the requirements
4751     of this section have been met, and that the interests of the child would best be served by
4752     granting the requested guardianship, the school board or its authorized representative may
4753     designate the applicant as guardian of the child by issuing a designation of guardianship letter
4754     to the applicant.
4755          (5) (a) If a local school board has adopted a policy permitting the board to designate a
4756     guardian under this section, a denial of an application for appointment of a guardian may be
4757     appealed to the district court in which the school district is located.
4758          (b) The court shall uphold the decision of the board unless it finds, by clear and
4759     convincing evidence, that the board's decision was arbitrary and capricious.
4760          (c) An applicant may, rather than appealing the board's decision under Subsection
4761     (5)(b), file an original Petition for Appointment of Guardian with the district court, which

4762     action shall proceed as if no decision had been made by the school board.
4763          (6) A responsible adult obtaining guardianship under this section has the same rights,
4764     authority, and responsibilities as a guardian appointed under Section 75-5-201.
4765          (7) (a) The school district shall deliver the original documents filed with the school
4766     district, together with a copy of the designation of guardianship issued by the district, in person
4767     or by any form of mail requiring a signed receipt, to the clerk of the state district court in which
4768     the school district is located.
4769          (b) The court may not charge the school district a fee for filing guardianship papers
4770     under this section.
4771          (8) (a) The authority and responsibility of a custodial parent or legal guardian
4772     submitting an affidavit under this section may be restored by the district, and the guardianship
4773     obtained under this section terminated by the district:
4774          (i) upon submission to the school district in which the guardianship was obtained of a
4775     signed and notarized statement by the person who consented to guardianship under Subsection
4776     (2)(a) requesting termination of the guardianship; or
4777          (ii) by the person accepting guardianship under Subsection (2)(b) requesting the
4778     termination of the guardianship.
4779          (b) If the school district determines that it would not be in the best interests of the child
4780     to terminate the guardianship, the district may refer the request for termination to the state
4781     district court in which the documents were filed under Subsection (5) for further action
4782     consistent with the interests of the child.
4783          (9) The school district shall retain copies of all documents required by this section
4784     until the child in question has reached the age of 18 unless directed to surrender the documents
4785     by a court of competent jurisdiction.
4786          (10) (a) Intentional submission to a school district of fraudulent or misleading
4787     information under this part is punishable under Section 76-8-504.
4788          (b) A school district which has reason to believe that a party has intentionally
4789     submitted false or misleading information under this part may, after notice and opportunity for

4790     the party to respond to the allegation:
4791          (i) void any guardianship, authorization, or action which was based upon the false or
4792     misleading information; and
4793          (ii) recover, from the party submitting the information, the full cost of any benefits
4794     received by the child on the basis of the false or misleading information, including tuition, fees,
4795     and other unpaid school charges, together with any related costs of recovery.
4796          (c) A student whose guardianship or enrollment has been terminated under this section
4797     may, upon payment of all applicable tuition and fees, continue in enrollment until the end of
4798     the school year unless excluded from attendance for cause.
4799          Section 143. Section 53G-6-304, which is renumbered from Section 53A-2-203.5 is
4800     renumbered and amended to read:
4801          [53A-2-203.5].      53G-6-304. Recognition of guardianship.
4802          (1) A document issued by other than a court of law which purports to award
4803     guardianship to a person who is not a legal resident of the jurisdiction in which the
4804     guardianship is awarded is not valid in the state of Utah until reviewed and approved by a Utah
4805     court.
4806          (2) The procedure for obtaining approval under Subsection (1) is the procedure
4807     required under Title 75, Chapter 5, Part 2, Guardians of Minors, for obtaining a court
4808     appointment of a guardian.
4809          Section 144. Section 53G-6-305, which is renumbered from Section 53A-2-204 is
4810     renumbered and amended to read:
4811          [53A-2-204].      53G-6-305. District paying tuition -- Effect on state aid.
4812          (1) A local school board may by written agreement pay the tuition of a child attending
4813     school in a district outside the state. Both districts shall approve the agreement and file it with
4814     the State Board of Education.
4815          (2) The average daily membership of the child may be added to that of other eligible
4816     children attending schools within the district of residence for the purpose of apportionment of
4817     state funds.

4818          (3) (a) The district of residence shall bear any excess tuition costs over the state's
4819     contribution for attendance in the district of residence unless otherwise approved in advance by
4820     the State Board of Education.
4821          (b) (i) If a child who resides in a Utah school district's boundaries attends school in a
4822     neighboring state under this section, the State Board of Education may make an out-of-state
4823     tuition payment to the Utah school district of residence.
4824          (ii) If the State Board of Education approves the use of state funds for an out-of-state
4825     tuition payment described in Subsection (3)(b)(i), the State Board of Education shall use funds
4826     appropriated by the Legislature for necessarily existent small schools as described in Section
4827     [53A-17a-109] 53F-2-304.
4828          Section 145. Section 53G-6-306, which is renumbered from Section 53A-2-205 is
4829     renumbered and amended to read:
4830          [53A-2-205].      53G-6-306. Permitting attendance by nonresident of the state
4831     -- Tuition.
4832          (1) A local school board may permit a child residing outside the state to attend school
4833     within the district. With the exception of a child enrolled under Section [53A-2-206]
4834     53G-6-707, the child is not included for the purpose of apportionment of state funds.
4835          (2) The board shall charge the nonresident child tuition at least equal to the per capita
4836     cost of the school program in which the child enrolls unless the board, in open meeting,
4837     determines to waive the charge for that child in whole or in part. The official minutes of the
4838     meeting shall reflect the determination.
4839          Section 146. Section 53G-6-401, which is renumbered from Section 53A-2-206.5 is
4840     renumbered and amended to read:
4841     
Part 4. School District Enrollment

4842          [53A-2-206.5].      53G-6-401. Definitions.
4843          As used in Sections [53A-2-207] 53G-6-402 through [53A-2-213] 53G-6-407:
4844          (1) "Early enrollment" means:
4845          (a) except as provided in Subsection (1)(b), application prior to the third Friday in

4846     February for admission for the next school year to a school that is not a student's school of
4847     residence; and
4848          (b) application prior to November 1 for admission for the next school year to a school
4849     that is not a student's school of residence if:
4850          (i) the school district is doing a district wide grade reconfiguration of its elementary,
4851     middle, junior, and senior high schools; and
4852          (ii) the grade reconfiguration described in Subsection (1)(b) will be implemented in the
4853     next school year.
4854          (2) (a) "Early enrollment school capacity" or "maximum capacity" means the total
4855     number of students who could be served in a school building if each of the building's
4856     instructional stations were to have the enrollment specified in Subsection (2)(b).
4857          (b) (i) Except as provided in Subsection (2)(b)(ii):
4858          (A) for an elementary school, an instructional station shall have an enrollment at least
4859     equal to the school district's average class size for the corresponding grade; and
4860          (B) for a middle, junior, or senior high school, an instructional station shall have an
4861     enrollment at least equal to the district's average class size for similar classes.
4862          (ii) (A) A local school board shall determine the instructional station capacity for
4863     laboratories, physical education facilities, shops, study halls, self-contained special education
4864     classrooms, facilities jointly financed by the school district and another community agency for
4865     joint use, and similar rooms.
4866          (B) Capacity for self-contained special education classrooms shall be based upon
4867     students per class as defined by State Board of Education and federal special education
4868     standards.
4869          (3) (a) "Instructional station" means a classroom, laboratory, shop, study hall, or
4870     physical education facility to which a local board of education could reasonably assign a class,
4871     teacher, or program during a given class period.
4872          (b) More than one instructional station may be assigned to a classroom, laboratory,
4873     shop, study hall, or physical education facility during a class period.

4874          (4) "Late enrollment" means application:
4875          (a) after the third Friday in February for admission for the next school year to a school
4876     that is not the student's school of residence; or
4877          (b) for admission for the current year to a school that is not the student's school of
4878     residence.
4879          (5) (a) "Late enrollment school capacity" or "adjusted capacity" means the total number
4880     of students who could be served in a school if each teacher were to have the class size specified
4881     in Subsection (5)(b).
4882          (b) (i) An elementary school teacher shall have a class size at least equal to the district's
4883     average class size for the corresponding grade.
4884          (ii) A middle, junior, or senior high school teacher shall have a class size at least equal
4885     to the district's average class size for similar classes.
4886          (6) "Nonresident student" means a student who lives outside the boundaries of the
4887     school attendance area.
4888          (7) "Open enrollment threshold" means:
4889          (a) for early enrollment, a projected school enrollment level that is the greater of:
4890          (i) 90% of the maximum capacity; or
4891          (ii) maximum capacity minus 40 students; and
4892          (b) for late enrollment, actual school enrollment that is the greater of:
4893          (i) 90% of adjusted capacity; or
4894          (ii) adjusted capacity minus 40 students.
4895          (8) "Projected school enrollment" means the current year enrollment of a school as of
4896     October 1, adjusted for projected growth for the next school year.
4897          (9) "School attendance area" means an area established by a local school board from
4898     which students are assigned to attend a certain school.
4899          (10) "School of residence" means the school to which a student is assigned to attend
4900     based on the student's place of residence.
4901          Section 147. Section 53G-6-402, which is renumbered from Section 53A-2-207 is

4902     renumbered and amended to read:
4903          [53A-2-207].      53G-6-402. Open enrollment options -- Procedures --
4904     Processing fee -- Continuing enrollment.
4905          (1) Each local school board is responsible for providing educational services consistent
4906     with Utah state law and rules of the State Board of Education for each student who resides in
4907     the district and, as provided in this section through Section [53A-2-213] 53G-6-407 and to the
4908     extent reasonably feasible, for any student who resides in another district in the state and
4909     desires to attend a school in the district.
4910          (2) (a) A school is open for enrollment of nonresident students if the enrollment level
4911     is at or below the open enrollment threshold.
4912          (b) If a school's enrollment falls below the open enrollment threshold, the local school
4913     board shall allow a nonresident student to enroll in the school.
4914          (3) A local school board may allow enrollment of nonresident students in a school that
4915     is operating above the open enrollment threshold.
4916          (4) (a) A local school board shall adopt policies describing procedures for nonresident
4917     students to follow in applying for entry into the district's schools.
4918          (b) Those procedures shall provide, as a minimum, for:
4919          (i) distribution to interested parties of information about the school or school district
4920     and how to apply for admission;
4921          (ii) use of standard application forms prescribed by the State Board of Education;
4922          (iii) (A) submission of applications from December 1 through the third Friday in
4923     February by those seeking admission during the early enrollment period for the following year;
4924     or
4925          (B) submission of applications from August 1 through November 1 by those seeking
4926     admission during the early enrollment period for the following year in a school district
4927     described in Subsection [53A-2-206.5] 53G-6-401(1)(b);
4928          (iv) submission of applications by those seeking admission during the late enrollment
4929     period;

4930          (v) written notification to the student's parent or legal guardian of acceptance or
4931     rejection of an application:
4932          (A) within six weeks after receipt of the application by the district or by March 31,
4933     whichever is later, for applications submitted during the early enrollment period;
4934          (B) within two weeks after receipt of the application by the district or by the Friday
4935     before the new school year begins, whichever is later, for applications submitted during the late
4936     enrollment period for admission in the next school year; and
4937          (C) within two weeks after receipt of the application by the district, for applications
4938     submitted during the late enrollment period for admission in the current year;
4939          (vi) written notification to the resident school for intradistrict transfers or the resident
4940     district for interdistrict transfers upon acceptance of a nonresident student for enrollment; and
4941          (vii) written notification to the parents or legal guardians of each student that resides
4942     within the school district and other interested parties of the revised early enrollment period
4943     described in Subsection [53A-2-206.5] 53G-6-401(1)(b) if:
4944          (A) the school district is doing a district wide grade reconfiguration of its elementary,
4945     middle, junior, and senior high schools; and
4946          (B) the grade reconfiguration described in Subsection (4)(b)(vii)(A) will be
4947     implemented in the next school year.
4948          (c) (i) Notwithstanding the dates established in Subsection (4)(b) for submitting
4949     applications and notifying parents of acceptance or rejection of an application, a local school
4950     board may delay the dates if a local school board is not able to make a reasonably accurate
4951     projection of the early enrollment school capacity or late enrollment school capacity of a school
4952     due to:
4953          (A) school construction or remodeling;
4954          (B) drawing or revision of school boundaries; or
4955          (C) other circumstances beyond the control of the local school board.
4956          (ii) The delay may extend no later than four weeks beyond the date the local school
4957     board is able to make a reasonably accurate projection of the early enrollment school capacity

4958     or late enrollment school capacity of a school.
4959          (5) A school district may charge a one-time $5 processing fee, to be paid at the time of
4960     application.
4961          (6) An enrolled nonresident student shall be permitted to remain enrolled in a school,
4962     subject to the same rules and standards as resident students, without renewed applications in
4963     subsequent years unless one of the following occurs:
4964          (a) the student graduates;
4965          (b) the student is no longer a Utah resident;
4966          (c) the student is suspended or expelled from school; or
4967          (d) the district determines that enrollment within the school will exceed the school's
4968     open enrollment threshold.
4969          (7) (a) Determination of which nonresident students will be excluded from continued
4970     enrollment in a school during a subsequent year under Subsection (6)(d) is based upon time in
4971     the school, with those most recently enrolled being excluded first and the use of a lottery
4972     system when multiple nonresident students have the same number of school days in the school.
4973          (b) Nonresident students who will not be permitted to continue their enrollment shall
4974     be notified no later than March 15 of the current school year.
4975          (8) The parent or guardian of a student enrolled in a school that is not the student's
4976     school of residence may withdraw the student from that school for enrollment in another public
4977     school by submitting notice of intent to enroll the student in:
4978          (a) the district of residence; or
4979          (b) another nonresident district.
4980          (9) Unless provisions have previously been made for enrollment in another school, a
4981     nonresident district releasing a student from enrollment shall immediately notify the district of
4982     residence, which shall enroll the student in the resident district and take such additional steps
4983     as may be necessary to ensure compliance with laws governing school attendance.
4984          (10) (a) Except as provided in Subsection (10)(c), a student who transfers between
4985     schools, whether effective on the first day of the school year or after the school year has begun,

4986     by exercising an open enrollment option under this section may not transfer to a different
4987     school during the same school year by exercising an open enrollment option under this section.
4988          (b) The restriction on transfers specified in Subsection (10)(a) does not apply to a
4989     student transfer made for health or safety reasons.
4990          (c) A local school board may adopt a policy allowing a student to exercise an open
4991     enrollment option more than once in a school year.
4992          (11) Notwithstanding Subsections (2) and (6)(d), a student who is enrolled in a school
4993     that is not the student's school of residence, because school bus service is not provided between
4994     the student's neighborhood and school of residence for safety reasons:
4995          (a) shall be allowed to continue to attend the school until the student finishes the
4996     highest grade level offered; and
4997          (b) shall be allowed to attend the middle school, junior high school, or high school into
4998     which the school's students feed until the student graduates from high school.
4999          (12) Notwithstanding any other provision of this part or Part 3, School District
5000     Residency, a student shall be allowed to enroll in any charter school or other public school in
5001     any district, including a district where the student does not reside, if the enrollment is
5002     necessary, as determined by the Division of Child and Family Services, to comply with the
5003     provisions of 42 U.S.C. Section 675.
5004          Section 148. Section 53G-6-403, which is renumbered from Section 53A-2-208 is
5005     renumbered and amended to read:
5006          [53A-2-208].      53G-6-403. Rules for acceptance and rejection of
5007     applications.
5008          (1) (a) A local school board shall adopt rules governing acceptance and rejection of
5009     applications required under Section [53A-2-207] 53G-6-402.
5010          (b) The rules adopted under Subsection (1)(a) shall include policies and procedures to
5011     assure that decisions regarding enrollment requests are administered fairly without prejudice to
5012     any student or class of student, except as provided in Subsection (2).
5013          (2) Standards for accepting or rejecting an application for enrollment may include:

5014          (a) for an elementary school, the capacity of the grade level;
5015          (b) maintenance of heterogeneous student populations if necessary to avoid violation of
5016     constitutional or statutory rights of students;
5017          (c) not offering, or having capacity in, an elementary or secondary special education or
5018     other special program the student requires;
5019          (d) maintenance of reduced class sizes:
5020          (i) in a Title I school that uses federal, state, and local money to reduce class sizes for
5021     the purpose of improving student achievement; or
5022          (ii) in a school that uses school trust money to reduce class size;
5023          (e) willingness of prospective students to comply with district policies; and
5024          (f) giving priority to intradistrict transfers over interdistrict transfers.
5025          (3) (a) Standards for accepting or rejecting applications for enrollment may not
5026     include:
5027          (i) previous academic achievement;
5028          (ii) athletic or other extracurricular ability;
5029          (iii) the fact that the student requires special education services for which space is
5030     available;
5031          (iv) proficiency in the English language; or
5032          (v) previous disciplinary proceedings, except as provided in Subsection (3)(b).
5033          (b) A board may provide for the denial of applications from students who:
5034          (i) have committed serious infractions of the law or school rules, including rules of the
5035     district in which enrollment is sought; or
5036          (ii) have been guilty of chronic misbehavior which would, if it were to continue after
5037     the student was admitted:
5038          (A) endanger persons or property;
5039          (B) cause serious disruptions in the school; or
5040          (C) place unreasonable burdens on school staff.
5041          (c) A board may also provide for provisional enrollment of students with prior

5042     behavior problems, establishing conditions under which enrollment of a nonresident student
5043     would be permitted or continued.
5044          (4) (a) The State Board of Education, in consultation with the Utah High School
5045     Activities Association, shall establish policies regarding nonresident student participation in
5046     interscholastic competition.
5047          (b) Nonresident students shall be eligible for extracurricular activities at a public
5048     school consistent with eligibility standards as applied to students that reside within the school
5049     attendance area, except as provided by policies established under Subsection (4)(a).
5050          (5) For each school in the district, the local school board shall post on the school
5051     district's website:
5052          (a) the school's maximum capacity;
5053          (b) the school's adjusted capacity;
5054          (c) the school's projected enrollment used in the calculation of the open enrollment
5055     threshold;
5056          (d) actual enrollment on October 1, January 2, and April 1;
5057          (e) the number of nonresident student enrollment requests;
5058          (f) the number of nonresident student enrollment requests accepted; and
5059          (g) the number of resident students transferring to another school.
5060          Section 149. Section 53G-6-404, which is renumbered from Section 53A-2-209 is
5061     renumbered and amended to read:
5062          [53A-2-209].      53G-6-404. Denial of enrollment -- Appeal.
5063          (1) Denial of initial or continuing enrollment in a nonresident school may be appealed
5064     to the board of education of the nonresident district.
5065          (2) The decision of the board shall be upheld in any subsequent proceedings unless the
5066     board's decision is found, by clear and convincing evidence, to be in violation of applicable law
5067     or regulation, or to be arbitrary and capricious.
5068          Section 150. Section 53G-6-405, which is renumbered from Section 53A-2-210 is
5069     renumbered and amended to read:

5070          [53A-2-210].      53G-6-405. Funding.
5071          (1) A student who enrolls in a nonresident district is considered a resident of that
5072     district for purposes of state funding.
5073          (2) The State Board of Education shall adopt rules providing that:
5074          (a) the resident district pay the nonresident district, for each of the resident district's
5075     students who enroll in the nonresident district, 1/2 of the amount by which the resident
5076     district's per student expenditure exceeds the value of the state's contribution; and
5077          (b) if a student is enrolled in a nonresident district for less than a full year, the resident
5078     district shall pay a portion of the amount specified in Subsection (2)(a) based on the percentage
5079     of school days the student is enrolled in the nonresident district.
5080          (3) (a) Except as provided in this Subsection (3), the parent or guardian of a
5081     nonresident student shall arrange for the student's own transportation to and from school.
5082          (b) The State Board of Education may adopt rules under which nonresident students
5083     may be transported to their schools of attendance if:
5084          (i) the transportation of students to schools in other districts would relieve
5085     overcrowding or other serious problems in the district of residence and the costs of
5086     transportation are not excessive; or
5087          (ii) the Legislature has granted an adequate specific appropriation for that purpose.
5088          (c) A receiving district shall provide transportation for a nonresident student on the
5089     basis of available space on an approved route within the district to the school of attendance if
5090     district students would be eligible for transportation to the same school from that point on the
5091     bus route and the student's presence does not increase the cost of the bus route.
5092          (d) Nothing in this section shall be construed as prohibiting the resident district or the
5093     receiving district from providing bus transportation on any approved route.
5094          (e) Except as provided in Subsection (3)(b), the district of residence may not claim any
5095     state transportation costs for students enrolled in other school districts.
5096          Section 151. Section 53G-6-406, which is renumbered from Section 53A-2-211 is
5097     renumbered and amended to read:

5098          [53A-2-211].      53G-6-406. Graduation credits.
5099          (1) A nonresident district shall accept credits toward graduation that were awarded by a
5100     school accredited or approved by the State Board of Education or a regional accrediting body
5101     recognized by the U.S. Department of Education.
5102          (2) A nonresident district shall award a diploma to a nonresident student attending
5103     school within the district during the semester immediately preceding graduation if the student
5104     meets graduation requirements generally applicable to students in the school.
5105          (3) A district may not require that a student attend school within the district for more
5106     than one semester prior to graduation in order to receive a diploma.
5107          Section 152. Section 53G-6-407, which is renumbered from Section 53A-2-213 is
5108     renumbered and amended to read:
5109          [53A-2-213].      53G-6-407. Intradistrict transfers for students impacted by
5110     boundary changes -- Transportation of students who transfer within a district.
5111          (1) (a) In adjusting school boundaries, a local school board shall strive to avoid
5112     requiring current students to change schools and shall, to the extent reasonably feasible,
5113     accommodate parents who wish to avoid having their children attend different schools of the
5114     same level because of boundary changes which occur after one or more children in the family
5115     begin attending one of the affected schools.
5116          (b) In granting interdistrict and intradistrict transfers to a particular school, the local
5117     school board shall take into consideration the fact that an applicant's brother or sister is
5118     attending the school or another school within the district.
5119          (2) (a) A district shall receive transportation money under Sections [53A-17a-126]
5120     53F-2-402 and [53A-17a-127] 53F-2-403 for resident students who enroll in schools other than
5121     the regularly assigned school on the basis of the distance from the student's residence to the
5122     school the student would have attended had the intradistrict attendance option not been used.
5123          (b) The parent or guardian of the student shall arrange for the student's transportation to
5124     and from school, except that the district shall provide transportation on the basis of available
5125     space on an approved route within the district to the school of the student's attendance if the

5126     student would be otherwise eligible for transportation to the same school from that point on the
5127     bus route and the student's presence does not increase the cost of the bus route.
5128          Section 153. Section 53G-6-501 is enacted to read:
5129     
Part 5. Charter School Enrollment

5130          53G-6-501. Definitions.
5131          As used in this part:
5132          (1) "Asset" means the same as that term is defined in Section 53G-5-102.
5133          (2) "Board of trustees of a higher education institution" or "board of trustees" means
5134     the same as that term is defined in Section 53G-5-102.
5135          (3) "Charter agreement" or "charter" means the same as that term is defined in Section
5136     53G-5-102.
5137          (4) "Charter school authorizer" or "authorizer" means the same as that term is defined
5138     in Section 53G-5-102.
5139          (5) "Governing board" means the same as that term is defined in Section 53G-5-102.
5140          Section 154. Section 53G-6-502, which is renumbered from Section 53A-1a-506 is
5141     renumbered and amended to read:
5142          [53A-1a-506].      53G-6-502. Eligible students.
5143          (1) As used in this section:
5144          (a) "At capacity" means operating above the school's open enrollment threshold.
5145          (b) "District school" means a public school under the control of a local school board
5146     elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
5147     Boards.
5148          (c) "Open enrollment threshold" means the same as that term is defined in Section
5149     [53A-2-206.5] 53G-6-401.
5150          (d) "Refugee" means a person who is eligible to receive benefits and services from the
5151     federal Office of Refugee Resettlement.
5152          (e) "School of residence" means the same as that term is defined in Section
5153     [53A-2-206.5] 53G-6-401.

5154          (2) All resident students of the state qualify for admission to a charter school, subject
5155     to the limitations set forth in this section and Section [53A-1a-506.5] 53G-6-503.
5156          (3) (a) A charter school shall enroll an eligible student who submits a timely
5157     application, unless the number of applications exceeds the capacity of a program, class, grade
5158     level, or the charter school.
5159          (b) If the number of applications exceeds the capacity of a program, class, grade level,
5160     or the charter school, the charter school shall select students on a random basis, except as
5161     provided in Subsections (4) through (8).
5162          (4) A charter school may give an enrollment preference to:
5163          (a) a child or grandchild of an individual who has actively participated in the
5164     development of the charter school;
5165          (b) a child or grandchild of a member of the charter school governing board;
5166          (c) a sibling of an individual who was previously or is presently enrolled in the charter
5167     school;
5168          (d) a child of an employee of the charter school;
5169          (e) a student articulating between charter schools offering similar programs that are
5170     governed by the same charter school governing board;
5171          (f) a student articulating from one charter school to another pursuant to an articulation
5172     agreement between the charter schools that is approved by the State Charter School Board; or
5173          (g) a student who resides within a two-mile radius of the charter school and whose
5174     school of residence is at capacity.
5175          (5) (a) Except as provided in Subsection (5)(b), and notwithstanding Subsection (4)(g),
5176     a charter school that is approved by the State Board of Education after May 13, 2014, and is
5177     located in a high growth area as defined in Section [53A-1a-502.5] 53G-6-504 shall give an
5178     enrollment preference to a student who resides within a two-mile radius of the charter school.
5179          (b) The requirement to give an enrollment preference under Subsection (5)(a) does not
5180     apply to a charter school that was approved without a high priority status pursuant to
5181     Subsection [53A-1a-502.5] 53G-6-504(7)(b).

5182          (6) If a district school converts to charter status, the charter school shall give an
5183     enrollment preference to students who would have otherwise attended it as a district school.
5184          (7) (a) A charter school whose mission is to enhance learning opportunities for
5185     refugees or children of refugee families may give an enrollment preference to refugees or
5186     children of refugee families.
5187          (b) A charter school whose mission is to enhance learning opportunities for English
5188     language learners may give an enrollment preference to English language learners.
5189          (8) A charter school may weight the charter school's lottery to give a slightly better
5190     chance of admission to educationally disadvantaged students, including:
5191          (a) low-income students;
5192          (b) students with disabilities;
5193          (c) English language learners;
5194          (d) migrant students;
5195          (e) neglected or delinquent students; and
5196          (f) homeless students.
5197          (9) A charter school may not discriminate in the charter school's admission policies or
5198     practices on the same basis as other public schools may not discriminate in admission policies
5199     and practices.
5200          Section 155. Section 53G-6-503, which is renumbered from Section 53A-1a-506.5 is
5201     renumbered and amended to read:
5202          [53A-1a-506.5].      53G-6-503. Charter school students -- Admissions
5203     procedures -- Transfers.
5204          (1) As used in this section:
5205          (a) "District school" means a public school under the control of a local school board
5206     elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
5207     Boards.
5208          (b) "Nonresident school district" means a school district other than a student's school
5209     district of residence.

5210          (c) "School district of residence" means a student's school district of residence as
5211     determined under Section [53A-2-201] 53G-6-302.
5212          (d) "School of residence" means the school to which a student is assigned to attend
5213     based on the student's place of residence.
5214          (2) (a) The State School Board, in consultation with the State Charter School Board,
5215     shall make rules describing procedures for students to follow in applying for entry into, or
5216     exiting, a charter school.
5217          (b) The rules under Subsection (2)(a) shall, at a minimum, provide for:
5218          (i) posting on a charter school's Internet website, beginning no later than 60 days before
5219     the school's initial period of applications:
5220          (A) procedures for applying for admission to the charter school;
5221          (B) the school's opening date, if the school has not yet opened, or the school calendar;
5222     and
5223          (C) information on how a student may transfer from a charter school to another charter
5224     school or a district school;
5225          (ii) written notification to a student's parent or legal guardian of an offer of admission;
5226          (iii) written acceptance of an offer of admission by a student's parent or legal guardian;
5227          (iv) written notification to a student's current charter school or school district of
5228     residence upon acceptance of the student for enrollment in a charter school; and
5229          (v) the admission of students at:
5230          (A) any time to protect the health or safety of a student; or
5231          (B) times other than those permitted under standard policies if there are other
5232     conditions of special need that warrant consideration.
5233          (c) The rules under Subsection (2)(a) shall prevent the parent of a student who is
5234     enrolled in a charter school or who has accepted an offer of admission to a charter school from
5235     duplicating enrollment for the student in another charter school or a school district without
5236     following the withdrawal procedures described in Subsection (3).
5237          (3) The parent of a student enrolled in a charter school may withdraw the student from

5238     the charter school for enrollment in another charter school or a school district by submitting to
5239     the charter school:
5240          (a) on or before June 30, a notice of intent to enroll the student in the student's school
5241     of residence for the following school year;
5242          (b) after June 30, a letter of acceptance for enrollment in the student's school district of
5243     residence for the following year;
5244          (c) a letter of acceptance for enrollment in the student's school district of residence in
5245     the current school year;
5246          (d) a letter of acceptance for enrollment in a nonresident school district; or
5247          (e) a letter of acceptance for enrollment in a charter school.
5248          (4) (a) A charter school shall report to a school district, by the last business day of each
5249     month the aggregate number of new students, sorted by their school of residence and grade
5250     level, who have accepted enrollment in the charter school for the following school year.
5251          (b) A school district shall report to a charter school, by the last business day of each
5252     month, the aggregate number of students enrolled in the charter school who have accepted
5253     enrollment in the school district in the following school year, sorted by grade level.
5254          (5) When a vacancy occurs because a student has withdrawn from a charter school, the
5255     charter school may immediately enroll a new student from its list of applicants.
5256          (6) Unless provisions have previously been made for enrollment in another school, a
5257     charter school releasing a student from enrollment during a school year shall immediately
5258     notify the school district of residence, which shall enroll the student in the school district of
5259     residence and take additional steps as may be necessary to ensure compliance with laws
5260     governing school attendance.
5261          (7) (a) The parent of a student enrolled in a charter school may withdraw the student
5262     from the charter school for enrollment in the student's school of residence in the following
5263     school year if an application of admission is submitted to the school district of residence by
5264     June 30.
5265          (b) If the parent of a student enrolled in a charter school submits an application of

5266     admission to the student's school district of residence after June 30 for the student's enrollment
5267     in the school district of residence in the following school year, or an application of admission is
5268     submitted for enrollment during the current school year, the student may enroll in a school of
5269     the school district of residence that has adequate capacity in:
5270          (i) the student's grade level, if the student is an elementary school student; or
5271          (ii) the core classes that the student needs to take, if the student is a secondary school
5272     student.
5273          (c) State Board of Education rules made under Subsection (2)(a) shall specify how
5274     adequate capacity in a grade level or core classes is determined for the purposes of Subsection
5275     (7)(b).
5276          (8) Notwithstanding Subsection (7), a school district may enroll a student at any time
5277     to protect the health and safety of the student.
5278          (9) A school district or charter school may charge secondary students a one-time $5
5279     processing fee, to be paid at the time of application.
5280          Section 156. Section 53G-6-504, which is renumbered from Section 53A-1a-502.5 is
5281     renumbered and amended to read:
5282          [53A-1a-502.5].      53G-6-504. Approval of increase in charter school
5283     enrollment capacity -- Expansion.
5284          (1) For the purposes of this section:
5285          (a) "High growth area" means an area of the state where school enrollment is
5286     significantly increasing or projected to significantly increase.
5287          (b) "Next school year" means the school year that begins on or after the July 1
5288     immediately following the end of a general session of the Legislature.
5289          (2) The State Board of Education may approve an increase in charter school enrollment
5290     capacity subject to the Legislature:
5291          (a) appropriating funds for an increase in charter school enrollment capacity in the next
5292     school year; or
5293          (b) authorizing an increase in charter school enrollment capacity in the school year

5294     immediately following the next school year.
5295          (3) In appropriating funds for, or authorizing, an increase in charter school enrollment
5296     capacity, the Legislature shall provide a separate appropriation or authorization of enrollment
5297     capacity for a charter school proposed and approved in response to a request for applications
5298     issued under Section [53A-1a-501.9] 53G-5-301.
5299          (4) (a) A charter school may annually submit a request to the State Board of Education
5300     for an increase in enrollment capacity in the amount of .25 times the number of students in
5301     grades 9 through 12 enrolled in an online course in the previous school year through the
5302     Statewide Online Education Program.
5303          (b) A charter school shall submit a request for an increase in enrollment capacity
5304     pursuant to Subsection (4)(a) on or before October 1 of the school year for which the increase
5305     in enrollment capacity is requested.
5306          (c) The State Board of Education shall approve a request for an increase in enrollment
5307     capacity made under Subsection (4)(a) subject to the availability of sufficient funds
5308     appropriated under [Section 53A-1a-513] Title 53F, Chapter 2, Part 7, Charter School Funding,
5309     to provide the full amount of the per student allocation for each charter school student in the
5310     state to supplement school district property tax revenues.
5311          (d) An increase in enrollment capacity approved under Subsection (4)(c) shall be a
5312     permanent increase in the charter school's enrollment capacity.
5313          (5) (a) On or before January 1, 2017, in accordance with Title 63G, Chapter 3, Utah
5314     Administrative Rulemaking Act, the State Board of Education shall, after considering
5315     suggestions from charter school authorizers, make rules establishing requirements, procedures,
5316     and deadlines for an expansion of a charter school.
5317          (b) The rules described in Subsection (5)(a) shall include rules related to:
5318          (i) an expansion of a charter school when another charter school issues a notice of
5319     closure; and
5320          (ii) the establishment of a satellite campus.
5321          (6) (a) If the Legislature does not appropriate funds for an increase in charter school

5322     enrollment capacity that is tentatively approved by the State Board of Education, the State
5323     Board of Education shall prioritize the tentatively approved schools and expansions based on
5324     approved funds.
5325          (b) A charter school or expansion that is tentatively approved, but not funded, shall be
5326     considered to be tentatively approved for the next application year and receive priority status
5327     for available funding.
5328          (7) (a) Except as provided in Subsection (6)(b) or (7)(b), in approving an increase in
5329     charter school enrollment capacity for new charter schools and expanding charter schools, the
5330     State Board of Education shall give:
5331          (i) high priority to approving a new charter school or a charter school expansion in a
5332     high growth area; and
5333          (ii) low priority to approving a new charter school or a charter school expansion in an
5334     area where student enrollment is stable or declining.
5335          (b) An applicant seeking to establish a charter school in a high growth area may elect
5336     to not receive high priority status as provided in Subsection (7)(a)(i).
5337          Section 157. Section 53G-6-601, which is renumbered from Section 53A-11-501 is
5338     renumbered and amended to read:
5339     
Part 6. Preventing Enrollment or Transfer of Missing Children

5340          [53A-11-501].      53G-6-601. Definitions.
5341          As used in this [chapter] part:
5342          (1) "Division" means the Criminal Investigations and Technical Services Division of
5343     the Department of Public Safety, established in Section 53-10-103.
5344          (2) "Missing child" has the same meaning as provided in Section 26-2-27.
5345          (3) "State registrar" means the State Registrar of Vital Statistics within the Department
5346     of Health.
5347          Section 158. Section 53G-6-602, which is renumbered from Section 53A-11-502 is
5348     renumbered and amended to read:
5349          [53A-11-502].      53G-6-602. Identifying records -- Reporting requirements.

5350          (1) Upon notification by the division of a missing child in accordance with Section
5351     53-10-203, a school in which that child is currently or was previously enrolled shall flag the
5352     record of that child in a manner that whenever a copy of or information regarding the record is
5353     requested, the school is alerted to the fact that the record is that of a missing child.
5354          (2) The school shall immediately report any request concerning flagged records or
5355     knowledge as to the whereabouts of any missing child to the division.
5356          (3) Upon notification by the division that a missing child has been recovered, the
5357     school shall remove the flag from that child's record.
5358          Section 159. Section 53G-6-603, which is renumbered from Section 53A-11-503 is
5359     renumbered and amended to read:
5360          [53A-11-503].      53G-6-603. Requirement of birth certificate for enrollment
5361     of students -- Procedures.
5362          (1) Upon enrollment of a student for the first time in a particular school, that school
5363     shall notify in writing the person enrolling the student that within 30 days he must provide
5364     either a certified copy of the student's birth certificate, or other reliable proof of the student's
5365     identity and age, together with an affidavit explaining the inability to produce a copy of the
5366     birth certificate.
5367          (2) (a) Upon the failure of a person enrolling a student to comply with Subsection (1),
5368     the school shall notify that person in writing that unless he complies within 10 days the case
5369     shall be referred to the local law enforcement authority for investigation.
5370          (b) If compliance is not obtained within that 10 day period, the school shall refer the
5371     case to the division.
5372          (3) The school shall immediately report to the division any affidavit received pursuant
5373     to this subsection which appears inaccurate or suspicious.
5374          Section 160. Section 53G-6-604, which is renumbered from Section 53A-11-504 is
5375     renumbered and amended to read:
5376          [53A-11-504].      53G-6-604. Requirement of school record for transfer of
5377     student -- Procedures.

5378          (1) Except as provided in Section [53A-1-1004] 53E-3-905, a school shall request a
5379     certified copy of a transfer student's record, directly from the transfer student's previous school,
5380     within 14 days after enrolling the transfer student.
5381          (2) (a) Except as provided in Subsection (2)(b) and Section [53A-1-1004] 53E-3-905, a
5382     school requested to forward a certified copy of a transferring student's record to the new school
5383     shall comply within 30 school days of the request.
5384          (b) If the record has been flagged pursuant to Section [53A-11-502] 53G-6-602, a
5385     school may not forward the record to the new school and the requested school shall notify the
5386     division of the request.
5387          Section 161. Section 53G-6-701 is enacted to read:
5388     
Part 7. Other Public School Participation

5389          53G-6-701. Definitions.
5390          Reserved
5391          Section 162. Section 53G-6-702, which is renumbered from Section 53A-11-102.5 is
5392     renumbered and amended to read:
5393          [53A-11-102.5].      53G-6-702. Dual enrollment.
5394          (1) (a) "District school" means a public school under the control of a local school board
5395     elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
5396     Boards.
5397          (b) "Minor" means the same as that term is defined in Section 53G-6-201.
5398          (2) A person having control of a minor who is enrolled in a regularly established
5399     private school or a home school may also enroll the minor in a public school for dual
5400     enrollment purposes.
5401          (3) The minor may participate in any academic activity in the public school available to
5402     students in the minor's grade or age group, subject to compliance with the same rules and
5403     requirements that apply to a full-time student's participation in the activity.
5404          (4) (a) A student enrolled in a dual enrollment program in a district school is
5405     considered a student of the district in which the district school of attendance is located for

5406     purposes of state funding to the extent of the student's participation in the district school
5407     programs.
5408          (b) A student enrolled in a dual enrollment program in a charter school is considered a
5409     student of the charter school for purposes of state funding to the extent of the student's
5410     participation in the charter school programs.
5411          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5412     State Board of Education shall make rules for purposes of dual enrollment to govern and
5413     regulate the transferability of credits toward graduation that are earned in a private or home
5414     school.
5415          Section 163. Section 53G-6-703, which is renumbered from Section 53A-11-102.6 is
5416     renumbered and amended to read:
5417          [53A-11-102.6].      53G-6-703. Private school and home school students'
5418     participation in extracurricular activities in a public school.
5419          (1) As used in this section:
5420          (a) "Academic eligibility requirements" means the academic eligibility requirements
5421     that a home school student is required to meet to participate in an extracurricular activity in a
5422     public school.
5423          (b) "Minor" means the same as that term is defined in Section 53G-6-201.
5424          (c) "Parent" means the same as that term is defined in Section 53G-6-201.
5425          [(b)] (d) "Principal" means the principal of the school in which a home school student
5426     participates or intends to participate in an extracurricular activity.
5427          (2) (a) A minor who is enrolled in a private school or a home school shall be eligible to
5428     participate in an extracurricular activity at a public school as provided in this section.
5429          (b) A private school student may only participate in an extracurricular activity at a
5430     public school that is not offered by the student's private school.
5431          (c) Except as provided in Subsection (2)(d), a private school student or a home school
5432     student may only participate in an extracurricular activity at:
5433          (i) the school within whose attendance boundaries the student's custodial parent or

5434     legal guardian resides; or
5435          (ii) the school from which the student withdrew for the purpose of attending a private
5436     or home school.
5437          (d) A school other than a school described in Subsection (2)(c)(i) or (ii) may allow a
5438     private school student or a home school student to participate in an extracurricular activity
5439     other than:
5440          (i) an interscholastic competition of athletic teams sponsored and supported by a public
5441     school; or
5442          (ii) an interscholastic contest or competition for music, drama, or forensic groups or
5443     teams sponsored and supported by a public school.
5444          (3) (a) Except as provided in Subsections (4) through (13), a private school or home
5445     school student shall be eligible to participate in an extracurricular activity at a public school
5446     consistent with eligibility standards:
5447          (i) applied to a fully enrolled public school student;
5448          (ii) of the public school where the private school or home school student participates in
5449     an extracurricular activity; and
5450          (iii) for the extracurricular activity in which the private school or home school student
5451     participates.
5452          (b) A school district or public school may not impose additional requirements on a
5453     private school or home school student to participate in an extracurricular activity that are not
5454     imposed on a fully enrolled public school student.
5455          (c) (i) A private school or home school student who participates in an extracurricular
5456     activity at a public school shall pay the same fees as required of a fully enrolled public school
5457     student to participate in an extracurricular activity.
5458          (ii) If a local school board or charter school governing board imposes a mandatory
5459     student activity fee for a student enrolled in a public school, the fee may be imposed on a
5460     private school or home school student who participates in an extracurricular activity at the
5461     public school if the same benefits of paying the mandatory student activity fee that are

5462     available to a fully enrolled public school student are available to a private school or home
5463     school student who participates in an extracurricular activity at the public school.
5464          (4) Eligibility requirements based on school attendance are not applicable to a home
5465     school student.
5466          (5) A home school student meets academic eligibility requirements to participate in an
5467     extracurricular activity if:
5468          (a) the student is mastering the material in each course or subject being taught; and
5469          (b) the student is maintaining satisfactory progress towards achievement or promotion.
5470          (6) (a) To establish a home school student's academic eligibility, a parent, teacher, or
5471     organization providing instruction to the student shall submit an affidavit to the principal
5472     indicating the student meets academic eligibility requirements.
5473          (b) Upon submission of an affidavit pursuant to Subsection (6)(a), a home school
5474     student shall:
5475          (i) be considered to meet academic eligibility requirements; and
5476          (ii) retain academic eligibility for all extracurricular activities during the activity season
5477     for which the affidavit is submitted, until:
5478          (A) a panel established under Subsection (10) determines the home school student does
5479     not meet academic eligibility requirements; or
5480          (B) the person who submitted the affidavit under Subsection (6)(a) provides written
5481     notice to the school principal that the student no longer meets academic eligibility
5482     requirements.
5483          (7) (a) A home school student who loses academic eligibility pursuant to Subsection
5484     (6)(b)(ii)(B) may not participate in an extracurricular activity until the person who submitted
5485     the affidavit under Subsection (6)(a) provides written notice to the school principal that the
5486     home school student has reestablished academic eligibility.
5487          (b) If a home school student reestablishes academic eligibility pursuant to Subsection
5488     (7)(a), the home school student may participate in extracurricular activities for the remainder of
5489     the activity season for which an affidavit was submitted under Subsection (6)(a).

5490          (8) A person who has probable cause to believe a home school student does not meet
5491     academic eligibility requirements may submit an affidavit to the principal:
5492          (a) asserting the home school student does not meet academic eligibility requirements;
5493     and
5494          (b) providing information indicating that the home school student does not meet the
5495     academic eligibility requirements.
5496          (9) A principal shall review the affidavit submitted under Subsection (8), and if the
5497     principal determines it contains information which constitutes probable cause to believe a
5498     home school student may not meet academic eligibility requirements, the principal shall
5499     request a panel established pursuant to Subsection (10) to verify the student's compliance with
5500     academic eligibility requirements.
5501          (10) (a) A school district superintendent shall:
5502          (i) appoint a panel of three individuals to verify a home school student's compliance
5503     with academic eligibility requirements when requested by a principal pursuant to Subsection
5504     (9); and
5505          (ii) select the panel members from nominees submitted by national, state, or regional
5506     organizations whose members are home school students and parents.
5507          (b) Of the members appointed to a panel under Subsection (10)(a):
5508          (i) one member shall have experience teaching in a public school as a licensed teacher
5509     and in home schooling high school-age students;
5510          (ii) one member shall have experience teaching in a higher education institution and in
5511     home schooling; and
5512          (iii) one member shall have experience in home schooling high school-age students.
5513          (11) A panel appointed under Subsection (10):
5514          (a) shall review the affidavit submitted under Subsection (8);
5515          (b) may confer with the person who submitted the affidavit under Subsection (8);
5516          (c) shall request the home school student to submit test scores or a portfolio of work
5517     documenting the student's academic achievement to the panel;

5518          (d) shall review the test scores or portfolio of work; and
5519          (e) shall determine whether the home school student meets academic eligibility
5520     requirements.
5521          (12) A home school student who meets academic eligibility requirements pursuant to
5522     Subsection (11), retains academic eligibility for all extracurricular activities during the activity
5523     season for which an affidavit is submitted pursuant to Subsection (6).
5524          (13) (a) A panel's determination that a home school student does not comply with
5525     academic eligibility requirements is effective for an activity season and all extracurricular
5526     activities that have academic eligibility requirements.
5527          (b) A home school student who is not in compliance with academic eligibility
5528     requirements as determined by a panel appointed under Subsection (11) may seek to establish
5529     academic eligibility under this section for the next activity season.
5530          (14) (a) A public school student who has been declared to be academically ineligible to
5531     participate in an extracurricular activity and who subsequently enrolls in a home school shall
5532     lose eligibility for participation in the extracurricular activity until the student:
5533          (i) demonstrates academic eligibility by providing test results or a portfolio of the
5534     student's work to the school principal, provided that a student may not reestablish academic
5535     eligibility under this Subsection (14)(a) during the same activity season in which the student
5536     was declared to be academically ineligible;
5537          (ii) returns to public school and reestablishes academic eligibility; or
5538          (iii) enrolls in a private school and establishes academic eligibility.
5539          (b) A public school student who has been declared to be behaviorally ineligible to
5540     participate in an extracurricular activity and who subsequently enrolls in a home school shall
5541     lose eligibility for participation in the extracurricular activity until the student meets eligibility
5542     standards as provided in Subsection (3).
5543          (15) When selection to participate in an extracurricular activity at a public school is
5544     made on a competitive basis, a private school student and a home school student shall be
5545     eligible to try out for and participate in the activity as provided in this section.

5546          (16) (a) If a student exits a public school to enroll in a private or home school
5547     mid-semester or during an activity season, and the student desires to participate in an
5548     extracurricular activity at the public school, the public school shall issue an interim academic
5549     assessment based on the student's work in each class.
5550          (b) A student's academic eligibility to participate in an extracurricular activity under
5551     the circumstances described in Subsection (16)(a) shall be based on the student meeting public
5552     school academic eligibility standards at the time of exiting public school.
5553          (c) A student may appeal an academic eligibility determination made under Subsection
5554     (16)(b) in accordance with procedures for appealing a public school student's academic
5555     eligibility.
5556          Section 164. Section 53G-6-704, which is renumbered from Section 53A-1a-519 is
5557     renumbered and amended to read:
5558          [53A-1a-519].      53G-6-704. Charter school students' participation in
5559     extracurricular activities at other public schools.
5560          (1) A charter school student is eligible to participate in an extracurricular activity not
5561     offered by the student's charter school at:
5562          (a) the school within whose attendance boundaries the student's custodial parent or
5563     legal guardian resides;
5564          (b) the public school from which the student withdrew for the purpose of attending a
5565     charter school; or
5566          (c) a public school that is not a charter school if the student's charter school is located
5567     on the campus of the public school or has local school board approval to locate on the campus
5568     of the public school.
5569          (2) In addition to the public schools listed in Subsection (1), the State Board of
5570     Education may establish rules to allow a charter school student to participate in an
5571     extracurricular activity at a public school other than a public school listed in Subsection (1).
5572          (3) A school other than a school described in Subsection (1)(a), (b), or (c) may allow a
5573     charter school student to participate in extracurricular activities other than:

5574          (a) interschool competitions of athletic teams sponsored and supported by a public
5575     school; or
5576          (b) interschool contests or competitions for music, drama, or forensic groups or teams
5577     sponsored and supported by a public school.
5578          (4) A charter school student is eligible for extracurricular activities at a public school
5579     consistent with eligibility standards as applied to full-time students of the public school.
5580          (5) A school district or public school may not impose additional requirements on a
5581     charter school student to participate in extracurricular activities that are not imposed on
5582     full-time students of the public school.
5583          (6) (a) The State Board of Education shall make rules establishing fees for charter
5584     school students' participation in extracurricular activities at school district schools.
5585          (b) The rules shall provide that:
5586          (i) charter school students pay the same fees as other students to participate in
5587     extracurricular activities;
5588          (ii) charter school students are eligible for fee waivers pursuant to Section
5589     [53A-12-103] 53G-7-504;
5590          (iii) for each charter school student who participates in an extracurricular activity at a
5591     school district school, the charter school shall pay a share of the school district's costs for the
5592     extracurricular activity; and
5593          (iv) a charter school's share of the costs of an extracurricular activity shall reflect state
5594     and local tax revenues expended, except capital facilities expenditures, for an extracurricular
5595     activity in a school district or school divided by total student enrollment of the school district
5596     or school.
5597          (c) In determining a charter school's share of the costs of an extracurricular activity
5598     under Subsections (6)(b)(iii) and (iv), the State Board of Education may establish uniform fees
5599     statewide based on average costs statewide or average costs within a sample of school districts.
5600          (7) When selection to participate in an extracurricular activity at a public school is
5601     made on a competitive basis, a charter school student is eligible to try out for and participate in

5602     the activity as provided in this section.
5603          Section 165. Section 53G-6-705, which is renumbered from Section 53A-2-214 is
5604     renumbered and amended to read:
5605          [53A-2-214].      53G-6-705. Online students' participation in extracurricular
5606     activities.
5607          (1) As used in this section:
5608          (a) "Online education" means the use of information and communication technologies
5609     to deliver educational opportunities to a student in a location other than a school.
5610          (b) "Online student" means a student who:
5611          (i) participates in an online education program sponsored or supported by the State
5612     Board of Education, a school district, or charter school; and
5613          (ii) generates funding for the school district or school pursuant to Subsection
5614     [53A-17a-103] 53F-2-102(7) and rules of the State Board of Education.
5615          (2) An online student is eligible to participate in extracurricular activities at:
5616          (a) the school within whose attendance boundaries the student's custodial parent or
5617     legal guardian resides; or
5618          (b) the public school from which the student withdrew for the purpose of participating
5619     in an online education program.
5620          (3) A school other than a school described in Subsection (2)(a) or (b) may allow an
5621     online student to participate in extracurricular activities other than:
5622          (a) interschool competitions of athletic teams sponsored and supported by a public
5623     school; or
5624          (b) interschool contests or competitions for music, drama, or forensic groups or teams
5625     sponsored and supported by a public school.
5626          (4) An online student is eligible for extracurricular activities at a public school
5627     consistent with eligibility standards as applied to full-time students of the public school.
5628          (5) A school district or public school may not impose additional requirements on an
5629     online school student to participate in extracurricular activities that are not imposed on

5630     full-time students of the public school.
5631          (6) (a) The State Board of Education shall make rules establishing fees for an online
5632     school student's participation in extracurricular activities at school district schools.
5633          (b) The rules shall provide that:
5634          (i) online school students pay the same fees as other students to participate in
5635     extracurricular activities;
5636          (ii) online school students are eligible for fee waivers pursuant to Section
5637     [53A-12-103] 53G-7-504;
5638          (iii) for each online school student who participates in an extracurricular activity at a
5639     school district school, the online school shall pay a share of the school district's costs for the
5640     extracurricular activity; and
5641          (iv) an online school's share of the costs of an extracurricular activity shall reflect state
5642     and local tax revenues expended, except capital facilities expenditures, for an extracurricular
5643     activity in a school district or school divided by total student enrollment of the school district
5644     or school.
5645          (c) In determining an online school's share of the costs of an extracurricular activity
5646     under Subsections (6)(b)(iii) and (iv), the State Board of Education may establish uniform fees
5647     statewide based on average costs statewide or average costs within a sample of school districts.
5648          (7) When selection to participate in an extracurricular activity at a public school is
5649     made on a competitive basis, an online student is eligible to try out for and participate in the
5650     activity as provided in this section.
5651          Section 166. Section 53G-6-706, which is renumbered from Section 53A-11-102.7 is
5652     renumbered and amended to read:
5653          [53A-11-102.7].      53G-6-706. Placement of a home school student who
5654     transfers to a public school.
5655          (1) For the purposes of this section[, "home]:
5656          (a) "Home school student" means a student who attends a home school pursuant to
5657     Section [53A-11-102] 53G-6-204.

5658          (b) "Parent" means the same as that term is defined in Section 53G-6-201.
5659          (2) When a home school student transfers from a home school to a public school, the
5660     public school shall place the student in the grade levels, classes, or courses that the student's
5661     parent or guardian and in consultation with the school administrator determine are appropriate
5662     based on the parent's or guardian's assessment of the student's academic performance.
5663          (3) (a) Within 30 days of a home school student's placement in a public school grade
5664     level, class, or course, either the student's teacher or the student's parent or guardian may
5665     request a conference to consider changing the student's placement.
5666          (b) If the student's teacher and the student's parent or guardian agree on a placement
5667     change, the public school shall place the student in the agreed upon grade level, class, or
5668     course.
5669          (c) If the student's teacher and the student's parent or guardian do not agree on a
5670     placement change, the public school shall evaluate the student's subject matter mastery in
5671     accordance with Subsection (3)(d).
5672          (d) The student's parent or guardian has the option of:
5673          (i) allowing the public school to administer, to the student, assessments that are:
5674          (A) regularly administered to public school students; and
5675          (B) used to measure public school students' subject matter mastery and determine
5676     placement; or
5677          (ii) having a private entity or individual administer assessments of subject matter
5678     mastery to the student at the parent's or guardian's expense.
5679          (e) After an evaluation of a student's subject matter mastery, a public school may
5680     change a student's placement in a grade level, class, or course.
5681          (4) This section does not apply to a student who is dual enrolled in a public school and
5682     a home school pursuant to Section [53A-11-102.5] 53G-6-702.
5683          Section 167. Section 53G-6-707, which is renumbered from Section 53A-2-206 is
5684     renumbered and amended to read:
5685          [53A-2-206].      53G-6-707. Interstate compact students -- Inclusion in

5686     attendance count -- Foreign exchange students -- Annual report -- Requirements for
5687     exchange student agencies.
5688          (1) A school district or charter school may include the following students in the
5689     district's or school's membership and attendance count for the purpose of apportionment of
5690     state money:
5691          (a) a student enrolled under an interstate compact, established between the State Board
5692     of Education and the state education authority of another state, under which a student from one
5693     compact state would be permitted to enroll in a public school in the other compact state on the
5694     same basis as a resident student of the receiving state; or
5695          (b) a student receiving services under Title 62A, Chapter 4a, Part 7, Interstate Compact
5696     on Placement of Children.
5697          [(2) (a) A school district or charter school may include foreign exchange students in the
5698     district's or school's membership and attendance count for the purpose of apportionment of
5699     state money, except as provided in Subsections (2)(b) through (d).]
5700          [(b) (i) Notwithstanding Section 53A-17a-106, foreign exchange students may not be
5701     included in average daily membership for the purpose of determining the number of weighted
5702     pupil units in the grades 1-12 basic program.]
5703          [(ii) Subject to the limitation in Subsection (2)(c), the number of weighted pupil units
5704     in the grades 1-12 basic program attributed to foreign exchange students shall be equal to the
5705     number of foreign exchange students who were:]
5706          [(A) enrolled in a school district or charter school on October 1 of the previous fiscal
5707     year; and]
5708          [(B) sponsored by an agency approved by the district's local school board or charter
5709     school's governing board.]
5710          [(c) (i) The total number of foreign exchange students in the state that may be counted
5711     for the purpose of apportioning state money under Subsection (2)(b) shall be the lesser of:]
5712          [(A) the number of foreign exchange students enrolled in public schools in the state on
5713     October 1 of the previous fiscal year; or]

5714          [(B) 328 foreign exchange students.]
5715          [(ii) The State Board of Education shall make rules in accordance with Title 63G,
5716     Chapter 3, Utah Administrative Rulemaking Act, to administer the cap on the number of
5717     foreign exchange students that may be counted for the purpose of apportioning state money
5718     under Subsection (2)(b).]
5719          [(d) Notwithstanding Sections 53A-17a-133 and 53A-17a-164, weighted pupil units in
5720     the grades 1 through 12 basic program for foreign exchange students, as determined by
5721     Subsections (2)(b) and (c), may not be included for the purposes of determining a school
5722     district's state guarantee money under the voted or board local levies.]
5723          [(3)] (2) A school district or charter school may:
5724          (a) enroll foreign exchange students that do not qualify for state money; and
5725          (b) pay for the costs of those students with other funds available to the school district
5726     or charter school.
5727          [(4)] (3) Due to the benefits to all students of having the opportunity to become
5728     familiar with individuals from diverse backgrounds and cultures, school districts are
5729     encouraged to enroll foreign exchange students, as provided in Subsection [(3)] (2), particularly
5730     in schools with declining or stable enrollments where the incremental cost of enrolling the
5731     foreign exchange student may be minimal.
5732          [(5)] (4) The board shall make an annual report to the Legislature on the number of
5733     exchange students and the number of interstate compact students sent to or received from
5734     public schools outside the state.
5735          [(6)] (5) (a) A local school board or charter school governing board shall require each
5736     approved exchange student agency to provide it with a sworn affidavit of compliance prior to
5737     the beginning of each school year.
5738          (b) The affidavit shall include the following assurances:
5739          (i) that the agency has complied with all applicable policies of the board;
5740          (ii) that a household study, including a background check of all adult residents, has
5741     been made of each household where an exchange student is to reside, and that the study was of

5742     sufficient scope to provide reasonable assurance that the exchange student will receive proper
5743     care and supervision in a safe environment;
5744          (iii) that host parents have received training appropriate to their positions, including
5745     information about enhanced criminal penalties under Subsection 76-5-406(10) for persons who
5746     are in a position of special trust;
5747          (iv) that a representative of the exchange student agency shall visit each student's place
5748     of residence at least once each month during the student's stay in Utah;
5749          (v) that the agency will cooperate with school and other public authorities to ensure
5750     that no exchange student becomes an unreasonable burden upon the public schools or other
5751     public agencies;
5752          (vi) that each exchange student will be given in the exchange student's native language
5753     names and telephone numbers of agency representatives and others who could be called at any
5754     time if a serious problem occurs; and
5755          (vii) that alternate placements are readily available so that no student is required to
5756     remain in a household if conditions appear to exist which unreasonably endanger the student's
5757     welfare.
5758          [(7)] (6) (a) A local school board or charter school governing board shall provide each
5759     approved exchange student agency with a list of names and telephone numbers of individuals
5760     not associated with the agency who could be called by an exchange student in the event of a
5761     serious problem.
5762          (b) The agency shall make a copy of the list available to each of its exchange students
5763     in the exchange student's native language.
5764          [(8)] (7) Notwithstanding Subsection [(2)(c)(i)] 53F-2-303(3)(a), a school district or
5765     charter school shall enroll a foreign exchange student if the foreign exchange student:
5766          (a) is sponsored by an agency approved by the State Board of Education;
5767          (b) attends the same school during the same time period that another student from the
5768     school is:
5769          (i) sponsored by the same agency; and

5770          (ii) enrolled in a school in a foreign country; and
5771          (c) is enrolled in the school for one year or less.
5772          Section 168. Section 53G-6-708, which is renumbered from Section 53A-17a-114 is
5773     renumbered and amended to read:
5774          [53A-17a-114].      53G-6-708. Career and technical education program
5775     alternatives.
5776          (1) A secondary student may attend a technical college described in Section
5777     53B-2a-105 if the secondary student's career and technical education goals are better achieved
5778     by attending a technical college as determined by:
5779          (a) the secondary student; and
5780          (b) if the secondary student is a minor, the secondary student's parent or legal guardian.
5781          (2) A secondary student served under this section by a technical college described in
5782     Section 53B-2a-105 shall be counted in the average daily membership of the sending school
5783     district or charter school.
5784          Section 169. Section 53G-6-801, which is renumbered from Section 53A-15-1401 is
5785     renumbered and amended to read:
5786     
Part 8. Parental Rights

5787          [53A-15-1401].      53G-6-801. Definitions.
5788          As used in this part:
5789          (1) "Federal law" means:
5790          (a) a statute passed by the Congress of the United States; or
5791          (b) a final regulation:
5792          (i) adopted by an administrative agency of the United States government; and
5793          (ii) published in the code of federal regulations or the federal register.
5794          (2) "Individualized Education Program" or "IEP" means a written statement, for a
5795     student with a disability, that is developed, reviewed, and revised in accordance with the
5796     Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
5797          (3) "LEA" means a school district, charter school, or the Utah Schools for the Deaf and

5798     the Blind.
5799          (4) "Reasonably accommodate" means an LEA shall make its best effort to enable a
5800     parent or guardian to exercise a parental right specified in Section [53A-15-1403] 53G-6-803:
5801          (a) without substantial impact to staff and resources, including employee working
5802     conditions, safety and supervision on school premises and for school activities, and the
5803     efficient allocation of expenditures; and
5804          (b) while balancing:
5805          (i) the parental rights of parents or guardians;
5806          (ii) the educational needs of other students;
5807          (iii) the academic and behavioral impacts to a classroom;
5808          (iv) a teacher's workload; and
5809          (v) the assurance of the safe and efficient operation of a school.
5810          Section 170. Section 53G-6-802, which is renumbered from Section 53A-15-1402 is
5811     renumbered and amended to read:
5812          [53A-15-1402].      53G-6-802. Annual notice of parental rights.
5813          (1) An LEA shall annually notify a parent or guardian of a student enrolled in the LEA
5814     of the parent's or guardian's rights as specified in this part.
5815          (2) An LEA satisfies the notification requirement described in Subsection (1) by
5816     posting the information on the LEA's website or through other means of electronic
5817     communication.
5818          Section 171. Section 53G-6-803, which is renumbered from Section 53A-15-1403 is
5819     renumbered and amended to read:
5820          [53A-15-1403].      53G-6-803. Parental right to academic accommodations.
5821          (1) (a) A student's parent or guardian is the primary person responsible for the
5822     education of the student, and the state is in a secondary and supportive role to the parent or
5823     guardian. As such, a student's parent or guardian has the right to reasonable academic
5824     accommodations from the student's LEA as specified in this section.
5825          (b) Each accommodation shall be considered on an individual basis and no student

5826     shall be considered to a greater or lesser degree than any other student.
5827          (c) The parental rights specified in this section do not include all the rights or
5828     accommodations that may be available to a student's parent or guardian as a user of the public
5829     education system.
5830          (d) An accommodation under this section may only be provided if the accommodation
5831     is:
5832          (i) consistent with federal law; and
5833          (ii) consistent with a student's IEP if the student already has an IEP.
5834          (2) An LEA shall reasonably accommodate a parent's or guardian's written request to
5835     retain a student in kindergarten through grade 8 on grade level based on the student's academic
5836     ability or the student's social, emotional, or physical maturity.
5837          (3) An LEA shall reasonably accommodate a parent's or guardian's initial selection of a
5838     teacher or request for a change of teacher.
5839          (4) An LEA shall reasonably accommodate the request of a student's parent or guardian
5840     to visit and observe any class the student attends.
5841          (5) Notwithstanding [Chapter 11, Part 1, Compulsory Education Requirements] Part 2,
5842     Compulsory Education, an LEA shall record an excused absence for a scheduled family event
5843     or a scheduled proactive visit to a health care provider if:
5844          (a) the parent or guardian submits a written statement at least one school day before the
5845     scheduled absence; and
5846          (b) the student agrees to make up course work for school days missed for the scheduled
5847     absence in accordance with LEA policy.
5848          (6) (a) An LEA shall reasonably accommodate a parent's or guardian's written request
5849     to place a student in a specialized class, a specialized program, or an advanced course.
5850          (b) An LEA shall consider multiple academic data points when determining an
5851     accommodation under Subsection (6)(a).
5852          (7) Consistent with Section [53A-13-108] 53E-4-204, which requires the State Board
5853     of Education to establish graduation requirements that use competency-based standards and

5854     assessments, an LEA shall allow a student to earn course credit towards high school graduation
5855     without completing a course in school by:
5856          (a) testing out of the course; or
5857          (b) demonstrating competency in course standards.
5858          (8) An LEA shall reasonably accommodate a parent's or guardian's request to meet
5859     with a teacher at a mutually agreeable time if the parent or guardian is unable to attend a
5860     regularly scheduled parent teacher conference.
5861          (9) (a) At the request of a student's parent or guardian, an LEA shall excuse a student
5862     from taking an assessment that:
5863          (i) is federally mandated;
5864          (ii) is mandated by the state under this [title] public education code; or
5865          (iii) requires the use of:
5866          (A) a state assessment system; or
5867          (B) software that is provided or paid for by the state.
5868          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5869     State Board of Education shall make rules:
5870          (i) to establish a statewide procedure for excusing a student under Subsection (9)(a)
5871     that:
5872          (A) does not place an undue burden on a parent or guardian; and
5873          (B) may be completed online; and
5874          (ii) to prevent negative impact, to the extent authorized by state statute, to an LEA or
5875     an LEA's employees through school grading or employee evaluations due to a student not
5876     taking a test under Subsection (9)(a).
5877          (c) An LEA:
5878          (i) shall follow the procedures outlined in rules made by the State Board of Education
5879     under Subsection (9)(b) to excuse a student under Subsection (9)(a);
5880          (ii) may not require procedures to excuse a student under Subsection (9)(a) in addition
5881     to the procedures outlined in rules made by the State Board of Education under Subsection

5882     (9)(b); and
5883          (iii) may not reward a student for taking an assessment described in Subsection (9)(a).
5884          (d) The State Board of Education shall:
5885          (i) maintain and publish a list of state assessments, state assessment systems, and
5886     software that qualify under Subsection (9)(a); and
5887          (ii) audit and verify an LEA's compliance with the requirements of this Subsection (9).
5888          (10) (a) An LEA shall provide for:
5889          (i) the distribution of a copy of a school's discipline and conduct policy to each student
5890     in accordance with Section [53A-11-903] 53G-8-204; and
5891          (ii) a parent's or guardian's signature acknowledging receipt of the school's discipline
5892     and conduct policy.
5893          (b) An LEA shall notify a parent or guardian of a student's violation of a school's
5894     discipline and conduct policy and allow a parent or guardian to respond to the notice in
5895     accordance with [Chapter 11, Part 9] Chapter 8, Part 2, School Discipline and Conduct Plans.
5896          Section 172. Section 53G-7-101 is enacted to read:
5897     
CHAPTER 7. PUBLIC SCHOOL GENERAL REQUIREMENTS

5898     
Part 1. General Provisions

5899          53G-7-101. Title.
5900          This chapter is known as "Public School General Requirements."
5901          Section 173. Section 53G-7-102 is enacted to read:
5902          53G-7-102. Definitions.
5903          Reserved
5904          Section 174. Section 53G-7-201 is enacted to read:
5905     
Part 2. Powers and Miscellaneous Duties

5906          53G-7-201. Definitions.
5907          Reserved
5908          Section 175. Section 53G-7-202 is enacted to read:
5909          53G-7-202. Waivers from state board rules.

5910          (1) A charter school or any other public school or school district may apply to the State
5911     Board of Education for a waiver of any state board rule that inhibits or hinders the school or the
5912     school district from accomplishing its mission or educational goals set out in its strategic plan
5913     or charter.
5914          (2) The state board may grant the waiver, unless:
5915          (a) the waiver would cause the school district or the school to be in violation of state or
5916     federal law; or
5917          (b) the waiver would threaten the health, safety, or welfare of students in the district or
5918     at the school.
5919          (3) If the State Board of Education denies the waiver, the reason for the denial shall be
5920     provided in writing to the waiver applicant.
5921          Section 176. Section 53G-7-203, which is renumbered from Section 53A-3-402.7 is
5922     renumbered and amended to read:
5923          [53A-3-402.7].      53G-7-203. Kindergartens -- Establishment -- Funding.
5924          (1) Kindergartens are an integral part of the state's public education system.
5925          (2) [By July 1, 1994, each] Each local board of education shall provide kindergarten
5926     classes free of charge for kindergarten children residing within the district.
5927          (3) Kindergartens established under Subsection (2) shall receive state money under
5928     [Title 53A, Chapter 17a, Minimum School Program Act] Title 53F, Public Education System --
5929     Funding.
5930          Section 177. Section 53G-7-204, which is renumbered from Section 53A-3-402.1 is
5931     renumbered and amended to read:
5932          [53A-3-402.1].      53G-7-204. Access to student records by custodial and
5933     noncustodial parents.
5934          (1) Except as provided in Subsection (2), a public school shall allow a custodial parent
5935     and a noncustodial parent of a child the same access to their child's education records.
5936          (2) A school may not allow a noncustodial parent access to the child's education
5937     records if:

5938          (a) a court has issued an order that limits the noncustodial parent's access to the child's
5939     education records; and
5940          (b) the school has received a copy of the court order or has actual knowledge of the
5941     court order.
5942          Section 178. Section 53G-7-205, which is renumbered from Section 53A-3-402.9 is
5943     renumbered and amended to read:
5944          [53A-3-402.9].      53G-7-205. Assessment of emerging and early reading skills
5945     -- Resources provided by school districts.
5946          (1) The Legislature recognizes that well-developed reading skills help:
5947          (a) children to succeed in school, develop self esteem, and build positive relationships
5948     with others;
5949          (b) young adults to become independent learners; and
5950          (c) adults to become and remain productive members of a rapidly changing
5951     technology-based society.
5952          (2) (a) Each potential kindergarten student, the student's parent or guardian, and
5953     kindergarten personnel at the student's school may participate in an assessment of the student's
5954     reading and numeric skills.
5955          (b) The State Board of Education, in cooperation with the state's school districts, may
5956     develop the assessment instrument and any additional materials needed to implement and
5957     supplement the assessment program.
5958          (3) The potential kindergarten student's teacher may use the assessment in planning and
5959     developing an instructional program to meet the student's identified needs.
5960          (4) (a) Each school is encouraged to schedule the assessment early enough before the
5961     kindergarten starting date so that a potential kindergarten student's parent or guardian has time
5962     to develop the child's needed skills as identified by the assessment.
5963          (b) Based on the assessment under Subsection (2), the school shall provide the
5964     potential student's parent or guardian with appropriate resource materials to assist the parent or
5965     guardian at home in the student's literacy development.

5966          Section 179. Section 53G-7-206, which is renumbered from Section 53A-13-108.5 is
5967     renumbered and amended to read:
5968          [53A-13-108.5].      53G-7-206. Acceptance of credits and grades awarded by
5969     accredited schools.
5970          (1) (a) A public school shall accept credits and grades awarded to a student by a school
5971     accredited or approved by the State Board of Education or accredited or recognized by the
5972     Northwest Association of Accredited Schools as issued by the school, without alterations.
5973          (b) Credits awarded for a core standards for Utah public schools course shall be applied
5974     to fulfilling core standards for Utah public schools requirements.
5975          (2) Subsection (1) applies to credits awarded to a student who:
5976          (a) transfers to a public school; or
5977          (b) while enrolled in the public school, takes courses offered by another public or
5978     private school.
5979          (3) Subsection (1) applies to:
5980          (a) traditional classes in which an instructor is present in the classroom and the student
5981     is required to attend the class for a particular length of time;
5982          (b) open entry/open exit classes in which the student has the flexibility to begin or end
5983     study at any time, progress through course material at his own pace, and demonstrate
5984     competency when knowledge and skills have been mastered;
5985          (c) courses offered over the Internet; or
5986          (d) distance learning courses.
5987          Section 180. Section 53G-7-207, which is renumbered from Section 53A-11-901.5 is
5988     renumbered and amended to read:
5989          [53A-11-901.5].      53G-7-207. Period of silence.
5990          A teacher may provide for the observance of a period of silence each school day in a
5991     public school.
5992          Section 181. Section 53G-7-208, which is renumbered from Section 53A-3-409 is
5993     renumbered and amended to read:

5994          [53A-3-409].      53G-7-208. Local governmental entities and school districts
5995     -- Contracts and cooperation -- Disbursement of funds -- Municipal and county
5996     representative participation in school district board meetings -- Notice required.
5997          (1) Local governmental entities and school districts may contract and cooperate with
5998     one another in matters affecting the health, welfare, education, and convenience of the
5999     inhabitants within their respective territorial limits.
6000          (2) A local governmental entity may disburse public funds in aid of a school district
6001     located wholly or partially within the limits of its jurisdiction.
6002          (3) (a) As used in this Subsection (3):
6003          (i) "Interested county executive" means the county executive or county manager of a
6004     county with unincorporated area within the boundary of a school district, or the designee of the
6005     county executive or county manager.
6006          (ii) "Interested mayor" means the mayor of a municipality that is partly or entirely
6007     within the boundary of a school district, or the mayor's designee.
6008          (b) A school district board shall allow an interested mayor and interested county
6009     executive to attend and participate in the board discussions at a school district board meeting
6010     that is open to the public under Title 52, Chapter 4, Open and Public Meetings Act.
6011          (c) An interested county executive and interested mayor may attend and participate in
6012     board discussions at a school district board meeting that is closed to the public under Title 52,
6013     Chapter 4, Open and Public Meetings Act, if:
6014          (i) the school district board invites the interested county executive or interested mayor
6015     to attend and participate; and
6016          (ii) for a closed meeting held for the purpose of discussing the board's disposition or
6017     acquisition of real property, the interested county executive or interested mayor does not have a
6018     conflict of interest with respect to the real estate disposition or acquisition.
6019          (d) (i) A county or municipality may enter into an agreement with a school district
6020     under Title 11, Chapter 13, Interlocal Cooperation Act, to govern the attendance of an
6021     interested county executive or interested mayor at a school district board meeting.

6022          (ii) An agreement under Subsection (3)(d)(i) may not be inconsistent with the
6023     provisions of this Subsection (3).
6024          (e) Each local school board shall give notice of board meetings to each interested
6025     mayor and interested county executive.
6026          (f) The notice required under Subsection (3)(c) shall be provided by:
6027          (i) mail;
6028          (ii) e-mail; or
6029          (iii) other effective means agreed to by the person to whom notice is given.
6030          Section 182. Section 53G-7-209, which is renumbered from Section 53A-3-413 is
6031     renumbered and amended to read:
6032          [53A-3-413].      53G-7-209. Use of public school buildings and grounds as
6033     civic centers.
6034          (1) As used in this section, "civic center" means a public school building or ground,
6035     including a charter school building or ground, that is established and maintained as a limited
6036     public forum for supervised recreational activities and meetings.
6037          (2) Except as provided in Subsection (3), all public school buildings and grounds shall
6038     be civic centers.
6039          (3) The use of school property as a civic center:
6040          (a) may not interfere with a school function or purpose; and
6041          (b) is considered a permit for governmental immunity purposes for a governmental
6042     entity under Subsection 63G-7-201(4)(c).
6043          (4) The organizer of an event may not use a civic center unless the organizer resides
6044     within the geographic boundaries of the school district in which the civic center is located.
6045          Section 183. Section 53G-7-210, which is renumbered from Section 53A-3-414 is
6046     renumbered and amended to read:
6047          [53A-3-414].      53G-7-210. Local school boards' and charter school
6048     governing boards' responsibility for school buildings and grounds when used as civic
6049     centers.

6050          (1) As used in this section, "civic center" means the same as that term is defined in
6051     Section [53A-3-413] 53G-7-209.
6052          (2) A local school board or charter school governing board:
6053          (a) shall manage, direct, and control civic centers [under this chapter];
6054          (b) shall adopt policies for the use of civic centers;
6055          (c) may charge a reasonable fee for the use of a civic center so that the school district
6056     or charter school incurs no expense for that use;
6057          (d) may appoint a special functions officer under Section 53-13-105 to have charge of
6058     the grounds and protect school property when used for civic center purposes;
6059          (e) shall allow the use of a civic center, for other than school purposes, unless it
6060     determines that the use interferes with a school function or purpose; and
6061          (f) shall ensure that school administrators are trained about and properly implement the
6062     provisions of this section and Section [53A-3-413] 53G-7-209.
6063          Section 184. Section 53G-7-211, which is renumbered from Section 53A-3-407 is
6064     renumbered and amended to read:
6065          [53A-3-407].      53G-7-211. Display of American flag.
6066          (1) Each local school board shall provide each school within the district with a suitable
6067     flagpole.
6068          (2) The American flag shall be displayed on every school day and on every state and
6069     national holiday.
6070          (3) The flag shall be maintained in a respectable condition.
6071          Section 185. Section 53G-7-212, which is renumbered from Section 53A-3-402.5 is
6072     renumbered and amended to read:
6073          [53A-3-402.5].      53G-7-212. Voter registration forms for high school
6074     students.
6075          Each public school district and each accredited nonpublic school shall provide voter
6076     registration forms to students as required by Section 20A-2-302.
6077          Section 186. Section 53G-7-213, which is renumbered from Section 53A-3-417 is

6078     renumbered and amended to read:
6079          [53A-3-417].      53G-7-213. Child care centers in public schools --
6080     Requirements -- Availability -- Compliance with state and local laws.
6081          (1) (a) Upon receiving a request from a community group such as a community
6082     council, local PTA, or parent/student organization, a local school board may authorize the use
6083     of a part of any school building in the district to provide child care services for school aged
6084     children.
6085          (b) (i) The school board shall provide written public notice of its intent to authorize a
6086     child care center.
6087          (ii) The board shall file a copy of the notice with the Office of Child Care within the
6088     Department of Workforce Services and the Department of Health.
6089          (2) (a) Establishment of a child care center in a public school building is contingent
6090     upon the local school board determining that the center will not interfere with the building's use
6091     for regular school purposes.
6092          (b) The decision shall be made at the sole discretion of the school board.
6093          (c) A school board may withdraw its approval to operate a child care center at any time
6094     if it determines that such use interferes with the operation or interest of the school.
6095          (d) The school district and its employees and agents are immune from any liability that
6096     might otherwise result from a withdrawal of approval if the withdrawal was made in good
6097     faith.
6098          (3) (a) The board shall charge a commercially reasonable fee for the use of a school
6099     building as a child care center so that the district does not incur an expense.
6100          (b) The fee shall include but not be limited to costs for utility, building maintenance,
6101     and administrative services supplied by the school that are related to the operation of the child
6102     care center.
6103          (4) (a) Child care service may be provided by governmental agencies other than school
6104     districts, nonprofit community service groups, or private providers.
6105          (b) If competitive proposals to provide child care services are submitted by the entities

6106     listed in Subsection (4)(a), the board shall give preference to the private provider and nonprofit
6107     community service groups so long as their proposals are judged to be at least equal to the
6108     proposal of the governmental agency.
6109          (c) It is intended that these programs function at the local community level with
6110     minimal state and district involvement.
6111          (5) It is the intent of the Legislature that providers not be required to go through a
6112     complex procedure in order to obtain approval for providing the service.
6113          (6) (a) Child care centers within a public school building shall make their services
6114     available to all children regardless of where the children reside.
6115          (b) If space and resources are limited, first priority shall be given to those who reside
6116     within the school boundaries where the center is located, and to the children of teachers and
6117     other employees of the school where the child care center is located.
6118          (c) Second priority shall be given to those who reside within the school district
6119     boundaries where the center is located.
6120          (7) (a) The school board shall require proof of liability insurance which is adequate in
6121     the opinion of the school board for use of school property as a child care center.
6122          (b) A school district participating in the state Risk Management Fund shall require the
6123     provider of child care services to comply with the applicable provisions of Title 63A, Chapter
6124     4, Risk Management.
6125          (8) Child care centers established under this section shall operate in compliance with
6126     state and local laws and regulations, including zoning and licensing requirements, and
6127     applicable school rules.
6128          (9) Except for Subsection (8), this section does not apply to child care centers
6129     established by a school district within a public school building if the center offers child care
6130     services primarily to children of employees or children of students of the school district.
6131          Section 187. Section 53G-7-214, which is renumbered from Section 53A-3-427 is
6132     renumbered and amended to read:
6133          [53A-3-427].      53G-7-214. Honorary high school diploma for certain

6134     veterans.
6135          (1) A board of education of a school district may award an honorary high school
6136     diploma to a veteran, if the veteran:
6137          (a) left high school before graduating in order to serve in the armed forces of the
6138     United States;
6139          (b) served in the armed forces of the United States during the period of World War II,
6140     the Korean War, or the Vietnam War;
6141          (c) (i) was honorably discharged; or
6142          (ii) was released from active duty because of a service-related disability; and
6143          (d) (i) resides within the school district; or
6144          (ii) resided within the school district at the time of leaving high school to serve in the
6145     armed forces of the United States.
6146          (2) To receive an honorary high school diploma, a veteran or immediate family
6147     member or guardian of a veteran shall submit to a local school board:
6148          (a) a request for an honorary high school diploma; and
6149          (b) information required by the local school board to verify the veteran's eligibility for
6150     an honorary high school diploma under Subsection (1).
6151          (3) At the request of a veteran, a veteran's immediate family member or guardian, or a
6152     local school board, the Department of Veterans' and Military Affairs shall certify whether the
6153     veteran meets the requirements of Subsections (1)(b) and (c).
6154          Section 188. Section 53G-7-215, which is renumbered from Section 53A-1-409 is
6155     renumbered and amended to read:
6156          [53A-1-409].      53G-7-215. Competency-based education --
6157     Recommendations -- Coordination.
6158          (1) As used in this section, "competency-based education" means the same as that term
6159     is defined in Section [53A-15-1802] 53F-5-501.
6160          (2) A local school board or a charter school governing board may establish a
6161     competency-based education program.

6162          (3) A local school board or charter school governing board that establishes a
6163     competency-based education program shall:
6164          (a) establish assessments to accurately measure competency;
6165          (b) provide the assessments to an enrolled student at no cost to the student;
6166          (c) award credit to a student who demonstrates competency and subject mastery;
6167          (d) submit the competency-based standards to the State Board of Education for review;
6168     and
6169          (e) publish the competency-based standards on its website or by other electronic means
6170     readily accessible to the public.
6171          (4) A local school board or charter school governing board may:
6172          (a) on a random lottery-based basis, limit enrollment to courses that have been
6173     designated as competency-based courses;
6174          (b) waive or adapt traditional attendance requirements;
6175          (c) adjust class sizes to maximize the value of course instructors or course mentors;
6176          (d) enroll students from any geographic location within the state; and
6177          (e) provide proctored online competency-based assessments.
6178          Section 189. Section 53G-7-216, which is renumbered from Section 53A-1-706 is
6179     renumbered and amended to read:
6180          [53A-1-706].      53G-7-216. Purchases of educational technology.
6181          (1) (a) A school district[,] or charter school[, or college of education] shall comply
6182     with Title 63G, Chapter 6a, Utah Procurement Code, in purchasing technology, except as
6183     otherwise provided in Subsection (1)(b).
6184          (b) A school district or charter school may purchase computers from, and contract for
6185     the repair or refurbishing of computers with, the Utah Correctional Industries without going
6186     through the bidding or competition procedures outlined in Title 63G, Chapter 6a, Utah
6187     Procurement Code.
6188          (2) A school district[,] or charter school[, or college of education] may purchase
6189     technology through cooperative purchasing contracts administered by the state Division of

6190     Purchasing or through its own established purchasing program.
6191          (3) Consistent with policies adopted by a local school board or charter school
6192     governing board, a school district or charter school that purchases technology under this section
6193     shall ensure that adequate on and off campus Internet filtering is installed and consistently
6194     configured to prevent viewing of harmful content by students and school personnel.
6195          Section 190. Section 53G-7-301 is enacted to read:
6196     
Part 3. Budgets

6197          53G-7-301. Definitions.
6198          Reserved
6199          Section 191. Section 53G-7-302, which is renumbered from Section 53A-19-101 is
6200     renumbered and amended to read:
6201          [53A-19-101].      53G-7-302. School district and charter school budgets.
6202          (1) As used in this section:
6203          (a) "Budget officer" means:
6204          (i) for a school district, the school district's superintendent; or
6205          (ii) for a charter school, an individual selected by the charter school governing board.
6206          (b) "Governing board" means:
6207          (i) for a school district, the local school board; or
6208          (ii) for a charter school, the charter school governing board.
6209          (2) Before June 1 of each year, the budget officer shall prepare a tentative budget, with
6210     supporting documentation, to be submitted to the budget officer's governing board.
6211          (3) The tentative budget and supporting documents shall include the following items:
6212          (a) the revenues and expenditures of the preceding fiscal year;
6213          (b) the estimated revenues and expenditures of the current fiscal year;
6214          (c) for a school district, an estimate of the revenues for the succeeding fiscal year based
6215     upon the lowest tax levy that will raise the required revenue, using the current year's taxable
6216     value as the basis for this calculation;
6217          (d) a detailed estimate of the essential expenditures for all purposes for the next

6218     succeeding fiscal year; and
6219          (e) the estimated financial condition of the school district or charter school by funds at
6220     the close of the current fiscal year.
6221          (4) The tentative budget shall be filed with the district business administrator or charter
6222     school executive director for public inspection at least 15 days before the date of the tentative
6223     budget's proposed adoption by the governing board.
6224          Section 192. Section 53G-7-303, which is renumbered from Section 53A-19-102 is
6225     renumbered and amended to read:
6226          [53A-19-102].      53G-7-303. Local governing board budget procedures.
6227          (1) As used in this section:
6228          (a) "Budget officer" means:
6229          (i) for a school district, the school district's superintendent; or
6230          (ii) for a charter school, an individual selected by the charter school governing board.
6231          (b) "Governing board" means:
6232          (i) for a school district, the local school board; or
6233          (ii) for a charter school, the charter school governing board.
6234          (2) (a) For a school district, before June 22 of each year, a local school board shall
6235     adopt a budget and make appropriations for the next fiscal year.
6236          (b) For a school district, if the tax rate in the school district's proposed budget exceeds
6237     the certified tax rate defined in Section 59-2-924, the local school board shall comply with
6238     Section 59-2-919 in adopting the budget, except as provided by Section [53A-17a-133]
6239     53F-8-301.
6240          (3) (a) For a school district, before the adoption or amendment of a budget, a local
6241     school board shall hold a public hearing, as defined in Section 10-9a-103, on the proposed
6242     budget or budget amendment.
6243          (b) In addition to complying with Title 52, Chapter 4, Open and Public Meetings Act,
6244     in regards to the public hearing described in Subsection (3)(a), at least 10 days prior to the
6245     public hearing, a local school board shall:

6246          (i) publish a notice of the public hearing in a newspaper or combination of newspapers
6247     of general circulation in the school district, except as provided in Section 45-1-101;
6248          (ii) publish a notice of the public hearing electronically in accordance with Section
6249     45-1-101;
6250          (iii) file a copy of the proposed budget with the local school board's business
6251     administrator for public inspection; and
6252          (iv) post the proposed budget on the school district's Internet website.
6253          (c) A notice of a public hearing on a school district's proposed budget shall include
6254     information on how the public may access the proposed budget as provided in Subsections
6255     (3)(b)(iii) and (iv).
6256          (4) For a charter school, before June 22 of each year, a charter school governing board
6257     shall adopt a budget for the next fiscal year.
6258          (5) Within 30 days of adopting a budget, a governing board shall file a copy of the
6259     adopted budget with the state auditor and the State Board of Education.
6260          Section 193. Section 53G-7-304, which is renumbered from Section 53A-19-103 is
6261     renumbered and amended to read:
6262          [53A-19-103].      53G-7-304. Undistributed reserve in school board budget.
6263          (1) A local school board may adopt a budget with an undistributed reserve. The reserve
6264     may not exceed 5% of the maintenance and operation budget adopted by the board in
6265     accordance with a scale developed by the State Board of Education. The scale is based on the
6266     size of the school district's budget.
6267          (2) The board may appropriate all or a part of the undistributed reserve made to any
6268     expenditure classification in the maintenance and operation budget by written resolution
6269     adopted by a majority vote of the board setting forth the reasons for the appropriation. The
6270     board shall file a copy of the resolution with the State Board of Education and the state auditor.
6271          (3) The board may not use undistributed reserves in the negotiation or settlement of
6272     contract salaries for school district employees.
6273          Section 194. Section 53G-7-305, which is renumbered from Section 53A-19-104 is

6274     renumbered and amended to read:
6275          [53A-19-104].      53G-7-305. Limits on appropriations -- Estimated
6276     expendable revenue.
6277          (1) As used in this section:
6278          (a) "Budget officer" means:
6279          (i) for a school district, the school district's superintendent; or
6280          (ii) for a charter school, an individual selected by the charter school governing board.
6281          (b) "Governing board" means:
6282          (i) for a school district, the local school board; or
6283          (ii) for a charter school, the charter school governing board.
6284          (2) A governing board may not make an appropriation in excess of its estimated
6285     expendable revenue, including undistributed reserves, for the following fiscal year.
6286          (3) A governing board may reduce a budget appropriation at the governing board's
6287     regular meeting if notice of the proposed action is given to all governing board members and to
6288     the district superintendent or charter school executive director, as applicable, at least one week
6289     before the meeting.
6290          (4) For a school district, in determining the estimated expendable revenue, any existing
6291     deficits arising through excessive expenditures from former years are deducted from the
6292     estimated revenue for the ensuing year to the extent of at least 10% of the entire tax revenue of
6293     the district for the previous year.
6294          (5) For a school district, in the event of financial hardships, the local school board may
6295     deduct from the estimated expendable revenue for the ensuing year, by fund, at least 25% of
6296     the deficit amount.
6297          (6) For a school district, all estimated balances available for appropriations at the end
6298     of the fiscal year shall revert to the funds from which they were appropriated and shall be fund
6299     balances available for appropriation in the budget of the following year.
6300          (7) For a school district, an increase in an appropriation may not be made by the local
6301     school board unless the following steps are taken:

6302          (a) the local school board receives a written request from the district superintendent
6303     that sets forth the reasons for the proposed increase;
6304          (b) notice of the request is published:
6305          (i) in a newspaper of general circulation within the school district at least one week
6306     before the local school board meeting at which the request will be considered; and
6307          (ii) in accordance with Section 45-1-101, at least one week before the local school
6308     board meeting at which the request will be considered; and
6309          (c) the local school board holds a public hearing on the request before the local school
6310     board's acting on the request.
6311          Section 195. Section 53G-7-306, which is renumbered from Section 53A-19-105 is
6312     renumbered and amended to read:
6313          [53A-19-105].      53G-7-306. School district interfund transfers.
6314          (1) A school district shall spend revenues only within the fund for which they were
6315     originally authorized, levied, collected, or appropriated.
6316          (2) Except as otherwise provided in this section, school district interfund transfers of
6317     residual equity are prohibited.
6318          (3) The State Board of Education may authorize school district interfund transfers of
6319     residual equity when a district states its intent to create a new fund or expand, contract, or
6320     liquidate an existing fund.
6321          (4) The State Board of Education may also authorize school district interfund transfers
6322     of residual equity for a financially distressed district if the board determines the following:
6323          (a) the district has a significant deficit in its maintenance and operations fund caused
6324     by circumstances not subject to the administrative decisions of the district;
6325          (b) the deficit cannot be reasonably reduced under Section [53A-19-104] 53G-7-305;
6326     and
6327          (c) without the transfer, the school district will not be capable of meeting statewide
6328     educational standards adopted by the State Board of Education.
6329          (5) The board shall develop standards for defining and aiding financially distressed

6330     school districts under this section in accordance with Title 63G, Chapter 3, Utah
6331     Administrative Rulemaking Act.
6332          (6) (a) All debt service levies not subject to certified tax rate hearings shall be recorded
6333     and reported in the debt service fund.
6334          (b) Debt service levies under Subsection 59-2-924 (5)(c) that are not subject to the
6335     public hearing provisions of Section 59-2-919 may not be used for any purpose other than
6336     retiring general obligation debt.
6337          (c) Amounts from these levies remaining in the debt service fund at the end of a fiscal
6338     year shall be used in subsequent years for general obligation debt retirement.
6339          (d) Any amounts left in the debt service fund after all general obligation debt has been
6340     retired may be transferred to the capital projects fund upon completion of the budgetary hearing
6341     process required under Section [53A-19-102] 53G-7-303.
6342          Section 196. Section 53G-7-307, which is renumbered from Section 53A-19-106 is
6343     renumbered and amended to read:
6344          [53A-19-106].      53G-7-307. Warrants drawn by budget officer.
6345          (1) As used in this section:
6346          (a) "Budget officer" means:
6347          (i) for a school district, the school district's superintendent; or
6348          (ii) for a charter school, an individual selected by the charter school governing board.
6349          (b) "Governing board" means:
6350          (i) for a school district, the local school board; or
6351          (ii) for a charter school, the charter school governing board.
6352          (2) The budget officer of a governing board may not draw warrants on school district
6353     or charter school funds except in accordance with and within the limits of the budget passed by
6354     the governing board.
6355          Section 197. Section 53G-7-308, which is renumbered from Section 53A-19-107 is
6356     renumbered and amended to read:
6357          [53A-19-107].      53G-7-308. Emergency expenditures.

6358          This [chapter] part does not apply to appropriations required because of emergencies
6359     involving loss of life or great loss of property.
6360          Section 198. Section 53G-7-309, which is renumbered from Section 53A-19-108 is
6361     renumbered and amended to read:
6362          [53A-19-108].      53G-7-309. Monthly budget reports.
6363          (1) As used in this section:
6364          (a) "Budget officer" means:
6365          (i) for a school district, the school district's superintendent; or
6366          (ii) for a charter school, an individual selected by the charter school governing board.
6367          (b) "Governing board" means:
6368          (i) for a school district, the local school board; or
6369          (ii) for a charter school, the charter school governing board.
6370          (2) The business administrator or budget officer of a governing board shall provide
6371     each board member with a report, on a monthly basis, that includes the following information:
6372          (a) the amounts of all budget appropriations;
6373          (b) the disbursements from the appropriations as of the date of the report; and
6374          (c) the percentage of the disbursements as of the date of the report.
6375          (3) Within five days of providing the monthly report described in Subsection (2) to a
6376     governing board, the business administrator or budget officer shall make a copy of the report
6377     available for public review.
6378          Section 199. Section 53G-7-401, which is renumbered from Section 53A-30-102 is
6379     renumbered and amended to read:
6380     
Part 4. Internal Audits

6381          [53A-30-102].      53G-7-401. Definitions.
6382          As used in this part:
6383          (1) "Audit committee" means a standing committee:
6384          (a) appointed by the local school board or charter school governing board with the
6385     following number of members as applicable to the local school board or charter school

6386     governing board:
6387          (i) for a board of a local education agency that consists of seven or more members,
6388     three members of that board; or
6389          (ii) for a board of a local education agency that consists of six or fewer members, two
6390     members of that board; and
6391          (b) composed of people who are not administrators or employees of the local education
6392     agency.
6393          (2) "Audit director" means the person who directs the internal audit program.
6394          (3) "Audit plan" means a prioritized list of audits to be performed by an internal audit
6395     program within a specified period of time.
6396          (4) "Internal audit" means an independent appraisal activity established within a local
6397     education agency as a control system to examine and evaluate the adequacy and effectiveness
6398     of other internal control systems within the local education agency.
6399          (5) "Internal audit program" means an audit function that:
6400          (a) is conducted by a local school board or charter school governing board independent
6401     of the local education agency offices or other operations;
6402          (b) objectively evaluates the effectiveness of the local education agency governance,
6403     risk management, internal controls, and the efficiency of operations; and
6404          (c) is conducted in accordance with the current:
6405          (i) International Standards for the Professional Practice of Internal Auditing; or
6406          (ii) The Government Auditing Standards, issued by the Comptroller General of the
6407     United States.
6408          (6) "Local education agency" means a school district or charter school.
6409          Section 200. Section 53G-7-402, which is renumbered from Section 53A-30-103 is
6410     renumbered and amended to read:
6411          [53A-30-103].      53G-7-402. Internal auditing program -- Audit committee --
6412     Powers and duties.
6413          (1) A local school board or charter school governing board shall establish an audit

6414     committee.
6415          (2) (a) The audit committee shall establish an internal audit program that provides
6416     internal audit services for the programs administered by the local education agency.
6417          (b) A local education agency that has fewer than 10,000 students is not subject to
6418     Subsection (2)(a).
6419          (3) (a) A local school board or charter school governing board shall appoint the audit
6420     director, with the advisement of the audit committee, if the local school board or charter school
6421     governing board hires an audit director.
6422          (b) If the local school board or charter school governing board has not appointed an
6423     audit director and the school board or governing board contracts directly for internal audit
6424     services, the local school board or charter school governing board shall approve a contract for
6425     internal audit services, with the advisement of the audit committee.
6426          (4) The audit committee shall ensure that copies of all reports of audit findings issued
6427     by the internal auditors are available, upon request, to the audit director of the State Board of
6428     Education, the Office of the State Auditor, and the Office of Legislative Auditor General.
6429          (5) The audit committee shall ensure that significant audit matters that cannot be
6430     appropriately addressed by the local education agency internal auditors are referred to either the
6431     audit director of the State Board of Education, the Office of the State Auditor, or the Office of
6432     Legislative Auditor General.
6433          (6) The audit director may contract with a consultant to assist with an audit.
6434          (7) The audit director of the State Board of Education and the Office of the State
6435     Auditor may contract to provide internal audit services.
6436          Section 201. Section 53G-7-501 is enacted to read:
6437     
Part 5. Student Fees

6438          53G-7-501. Definitions.
6439          Reserved
6440          Section 202. Section 53G-7-502, which is renumbered from Section 53A-12-101 is
6441     renumbered and amended to read:

6442          [53A-12-101].      53G-7-502. Schools to be free -- Age limitations.
6443          (1) Except as otherwise provided in [Title 53A, State System of Public Education] this
6444     public education code, in each school district the public schools shall be free to all children
6445     between five and 18 years of age who are residents of the district, and also to persons over 18
6446     who are domiciled in the state of Utah and have not completed high school.
6447          (2) A person over the age of 18 taking courses under this section must declare an intent
6448     to complete requirements for a high school diploma. All courses taken must lead toward that
6449     diploma and must be approved by those directly responsible for administering the program.
6450          (3) A person required to pay tuition under this section may have the tuition waived
6451     under Section [53A-15-404] 53E-10-205.
6452          Section 203. Section 53G-7-503, which is renumbered from Section 53A-12-102 is
6453     renumbered and amended to read:
6454          [53A-12-102].      53G-7-503. State policy on student fees, deposits, or other
6455     charges.
6456          (1) For purposes of this part:
6457          (a) "Board" means the State Board of Education.
6458          (b) "Secondary school" means a school that provides instruction to students in grades
6459     7, 8, 9, 10, 11, or 12.
6460          (c) "Secondary school student":
6461          (i) means a student enrolled in a secondary school; and
6462          (ii) includes a student in grade 6 if the student attends a secondary school.
6463          (2) (a) A secondary school may impose fees on secondary school students.
6464          (b) The board shall adopt rules regarding the imposition of fees in secondary schools in
6465     accordance with the requirements of this part.
6466          (3) A fee, deposit, or other charge may not be made, or any expenditure required of a
6467     student or the student's parent or guardian, as a condition for student participation in an
6468     activity, class, or program provided, sponsored, or supported by or through a public school or
6469     school district, unless authorized by the local school board or charter school governing board

6470     under rules adopted by the board.
6471          (4) (a) A fee, deposit, charge, or expenditure may not be required for elementary school
6472     activities which are part of the regular school day or for supplies used during the regular school
6473     day.
6474          (b) An elementary school or elementary school teacher may compile and provide to a
6475     student's parent or guardian a suggested list of supplies for use during the regular school day so
6476     that a parent or guardian may furnish on a voluntary basis those supplies for student use.
6477          (c) A list provided to a student's parent or guardian pursuant to Subsection (4)(b) shall
6478     include and be preceded by the following language:
6479          "NOTICE: THE ITEMS ON THIS LIST WILL BE USED DURING THE REGULAR
6480     SCHOOL DAY. THEY MAY BE BROUGHT FROM HOME ON A VOLUNTARY BASIS,
6481     OTHERWISE, THEY WILL BE FURNISHED BY THE SCHOOL."
6482          Section 204. Section 53G-7-504, which is renumbered from Section 53A-12-103 is
6483     renumbered and amended to read:
6484          [53A-12-103].      53G-7-504. Waiver of fees.
6485          (1) (a) A local school board shall require, as part of an authorization granted under
6486     Section [53A-12-102] 53G-7-503, that adequate waivers or other provisions are available to
6487     ensure that no student is denied the opportunity to participate because of an inability to pay the
6488     required fee, deposit, or charge.
6489          (b) (i) If, however, a student must repeat a course or requires remediation to advance or
6490     graduate and a fee is associated with the course or the remediation program, it is presumed that
6491     the student will pay the fee.
6492          (ii) If the student or the student's parent or guardian is financially unable to pay the fee,
6493     the board shall provide for alternatives to waiving the fee, which may include installment
6494     payments and school or community service or work projects for the student.
6495          (iii) In cases of extreme financial hardship or where the student has suffered a
6496     long-term illness, or death in the family, or other major emergency and where installment
6497     payments and the imposition of a service or work requirement would not be reasonable, the

6498     student may receive a partial or full waiver of the fee required under Subsection (1)(b)(i).
6499          (iv) The waiver provisions in Subsections (2) and (3) apply to all other fees, deposits,
6500     and charges made in the secondary schools.
6501          (2) (a) The board shall require each school in the district that charges a fee under this
6502     [chapter] part and Part 6, Textbook Fees, to provide a variety of alternatives for satisfying the
6503     fee requirement to those who qualify for fee waivers, in addition to the outright waiver of the
6504     fee.
6505          (b) The board shall develop and provide a list of alternatives for the schools, including
6506     such options as allowing the student to provide:
6507          (i) tutorial assistance to other students;
6508          (ii) assistance before or after school to teachers and other school personnel on school
6509     related matters; and
6510          (iii) general community or home service.
6511          (c) Each school may add to the list of alternatives provided by the board, subject to
6512     approval by the board.
6513          (3) A local school board may establish policies providing for partial fee waivers or
6514     other alternatives for those students who, because of extenuating circumstances, are not in a
6515     financial position to pay the entire fee.
6516          (4) With regard to children who are in the custody of the Division of Child and Family
6517     Services who are also eligible under Title IV-E of the federal Social Security Act, local school
6518     boards shall require fee waivers or alternatives in accordance with Subsections (1) through (3).
6519          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6520     State Board of Education shall make rules:
6521          (a) requiring a parent or guardian of a student applying for a fee waiver to provide
6522     documentation and certification to the school verifying:
6523          (i) the student's eligibility to receive the waiver; and
6524          (ii) that the alternatives for satisfying the fee requirements under Subsection (2) have
6525     been complied with to the fullest extent reasonably possible according to the individual

6526     circumstances of both the fee waiver applicant and the school; and
6527          (b) specifying the acceptable forms of documentation for the requirement under
6528     Subsection (5)(a), which shall include verification based on income tax returns or current pay
6529     stubs.
6530          (6) Notwithstanding the requirements under Subsection (5), a school is not required to
6531     keep documentation on file after the verification is completed.
6532          Section 205. Section 53G-7-505, which is renumbered from Section 53A-12-104 is
6533     renumbered and amended to read:
6534          [53A-12-104].      53G-7-505. Notice of student fees and waivers.
6535          A local school board shall annually give written notice of its student fee schedules and
6536     fee waiver policies to the parent or guardian of a child who attends a public school within the
6537     district.
6538          Section 206. Section 53G-7-601, which is renumbered from Section 53A-12-202 is
6539     renumbered and amended to read:
6540     
Part 6. Textbook Fees

6541          [53A-12-202].      53G-7-601. "Textbooks" defined.
6542          For the purposes of Sections [53A-12-201] 53G-7-602 through [53A-12-206]
6543     53G-7-605, "textbooks" includes textbooks and workbooks necessary for participation in any
6544     instructional course. Textbooks shall not include personal or consumable items, such as
6545     pencils, papers, pens, erasers, notebooks, other items of personal use, or products which a
6546     student may purchase at his option, such as school publications, class rings, annuals, and
6547     similar items.
6548          Section 207. Section 53G-7-602, which is renumbered from Section 53A-12-201 is
6549     renumbered and amended to read:
6550          [53A-12-201].      53G-7-602. State policy on providing textbooks.
6551          (1) It is the public policy of this state that public education shall be free.
6552          (2) A student may not be denied an education because of economic inability to
6553     purchase textbooks necessary for advancement in or graduation from the public school system.

6554          (3) A school board may not sell textbooks or otherwise charge textbook fees or
6555     deposits except as provided in [Title 53A, State System of Public Education] this public
6556     education code.
6557          Section 208. Section 53G-7-603, which is renumbered from Section 53A-12-204 is
6558     renumbered and amended to read:
6559          [53A-12-204].      53G-7-603. Purchase of textbooks by local school board --
6560     Sales to pupils -- Free textbooks -- Textbooks provided to teachers -- Payment of costs --
6561     Rental of textbooks.
6562          (1) A local school board, under rules adopted by the State Board of Education, may
6563     purchase textbooks for use in the public schools directly from the publisher at prices and terms
6564     approved by the state board and may sell those books to pupils in grades nine through 12 at a
6565     cost not to exceed the actual cost of the book plus costs of transportation and handling.
6566          (2) Each local school board, however, shall provide, free of charge, textbooks and
6567     workbooks required for courses of instruction for each child attending public schools whose
6568     parent or guardian is financially unable to purchase them.
6569          (3) Children who are receiving cash assistance under Title 35A, Chapter 3, Part 3,
6570     Family Employment Program, supplemental security income, or who are in the custody of the
6571     Division of Child and Family Services within the Department of Human Services are eligible
6572     for free textbooks and workbooks under this section.
6573          (4) The local school board shall also purchase all books necessary for teachers to
6574     conduct their classes.
6575          (5) The cost of furnishing textbooks and workbooks may be paid from school operating
6576     funds, the textbook fund, or from other available funds.
6577          (6) Books provided to teachers and pupils without charge or at less than full cost are
6578     paid for out of funds of the district and remain the property of the district.
6579          (7) In school districts that require pupils to rent books instead of purchasing them or
6580     providing them free of charge, the local school board shall waive rental fees for a child whose
6581     parent or guardian is financially unable to pay the rental fee. The children considered eligible

6582     under Subsection (3) are also eligible for the purposes of this Subsection (7).
6583          Section 209. Section 53G-7-604, which is renumbered from Section 53A-12-205 is
6584     renumbered and amended to read:
6585          [53A-12-205].      53G-7-604. Free textbook system.
6586          (1) If a local school board considers it desirable or necessary, or if the board is
6587     petitioned by two-thirds of those voting in the district, it shall provide free textbooks to all
6588     pupils in the schools under its charge.
6589          (2) Books purchased under this section shall be paid for out of the funds of the district.
6590          (3) The board shall assure that sufficient funds are raised and set aside for this purpose.
6591          (4) A board that has adopted the free textbook system shall terminate the system if
6592     petitioned by two-thirds of those voting in an election conducted for that purpose vote to
6593     terminate the system.
6594          (5) The board may not act upon a petition to terminate the free textbook system during
6595     a period of four years after the system is adopted.
6596          (6) The board may not reinstitute a free textbook system until four years after its
6597     termination.
6598          Section 210. Section 53G-7-605, which is renumbered from Section 53A-12-206 is
6599     renumbered and amended to read:
6600          [53A-12-206].      53G-7-605. Repurchase and resale of textbooks.
6601          (1) If a student moves from a district in which free textbooks were not provided, the
6602     school board of that district may purchase the books used by the student at a reasonable price,
6603     based upon the original cost and the condition of the book upon return.
6604          (2) The books purchased by the district under this section may be resold to other
6605     students in the district.
6606          Section 211. Section 53G-7-606, which is renumbered from Section 53A-12-207 is
6607     renumbered and amended to read:
6608          [53A-12-207].      53G-7-606. Disposal of textbooks.
6609          (1) For a school year beginning with or after the 2012-13 school year, a local school

6610     district may not dispose of textbooks used in its public schools without first notifying all other
6611     school districts in the state of its intent to dispose of the textbooks.
6612          (2) Subsection (1) does not apply to textbooks that have been damaged, mutilated, or
6613     worn out.
6614          (3) The State Board of Education shall develop rules and procedures directing the
6615     disposal of textbooks.
6616          Section 212. Section 53G-7-701, which is renumbered from Section 53A-11-1202 is
6617     renumbered and amended to read:
6618     
Part 7. Student Clubs

6619          [53A-11-1202].      53G-7-701. Definitions.
6620          As used in this part:
6621          (1) "Bigotry" means action or advocacy of imminent action involving:
6622          (a) the harassment or denigration of a person or entity; or
6623          (b) any intent to cause a person not to freely enjoy or exercise any right secured by the
6624     constitution or laws of the United States or the state, except that an evaluation or prohibition
6625     may not be made of the truth or falsity of any religious belief or expression of conscience
6626     unless the means of expression or conduct arising therefrom violates the standards of conduct
6627     outlined in this section, Section [53A-13-101.3] 53G-10-203, or 20 U.S.C. [Section] Sec.
6628     4071(f).
6629          (2) "Club" means any student organization that meets during noninstructional time.
6630          (3) "Conscience" means a standard based upon learned experiences, a personal
6631     philosophy or system of belief, religious teachings or doctrine, an absolute or external sense of
6632     right and wrong which is felt on an individual basis, a belief in an external absolute, or any
6633     combination of the foregoing.
6634          (4) "Curricular club" means a club that is school sponsored and that may receive
6635     leadership, direction, and support from the school or school district beyond providing a
6636     meeting place during noninstructional time. An elementary school curricular club means a club
6637     that is organized and directed by school sponsors at the elementary school. A secondary school

6638     curricular club means a club:
6639          (a) whose subject matter is taught or will soon be taught in a regular course;
6640          (b) whose subject matter concerns the body of courses as a whole;
6641          (c) in which participation is required for a particular course; or
6642          (d) in which participation results in academic credit.
6643          (5) (a) "Discretionary time" means school-related time for students that is not
6644     instructional time.
6645          (b) "Discretionary time" includes free time before and after school, during lunch and
6646     between classes or on buses, and private time before athletic and other events or activities.
6647          (6) (a) "Encourage criminal or delinquent conduct" means action or advocacy of
6648     imminent action that violates any law or administrative rule.
6649          (b) "Encourage criminal or delinquent conduct" does not include discussions
6650     concerning changing of laws or rules, or actions taken through lawfully established channels to
6651     effectuate such change.
6652          (7) (a) "Instructional time" means time during which a school is responsible for a
6653     student and the student is required or expected to be actively engaged in a learning activity.
6654          (b) "Instructional time" includes instructional activities in the classroom or study hall
6655     during regularly scheduled hours, required activities outside the classroom, and counseling,
6656     private conferences, or tutoring provided by school employees or volunteers acting in their
6657     official capacities during or outside of regular school hours.
6658          (8) "Involve human sexuality" means:
6659          (a) presenting information in violation of laws governing sex education, including
6660     Sections [53A-13-101] 53G-10-402 and [53A-13-302] 53E-9-203;
6661          (b) advocating or engaging in sexual activity outside of legally recognized marriage or
6662     forbidden by state law; or
6663          (c) presenting or discussing information relating to the use of contraceptive devices or
6664     substances, regardless of whether the use is for purposes of contraception or personal health.
6665          (9) "Limited open forum" means a forum created by a school district or charter school

6666     for student expression within the constraints of Subsection [53A-13-101.3] 53G-10-203(2)(b).
6667          (10) "Noncurricular club" is a student initiated group that may be authorized and
6668     allowed school facilities use during noninstructional time in secondary schools by a school and
6669     school governing board in accordance with the provisions of this part. A noncurricular club's
6670     meetings, ideas, and activities are not sponsored or endorsed in any way by a school governing
6671     board, the school, or by school or school district employees.
6672          (11) "Noninstructional time" means time set aside by a school before instructional time
6673     begins or after instructional time ends, including discretionary time.
6674          (12) "Religious club" means a noncurricular club designated in its application as either
6675     being religiously based or based on expression or conduct mandated by conscience.
6676          (13) "School" means a public school, including a charter school.
6677          (14) (a) "School facilities use" means access to a school facility, premises, or playing
6678     field.
6679          (b) "School facilities use" includes access to a limited open forum.
6680          (15) "School governing board" means a local school board or charter school board.
6681          Section 213. Section 53G-7-702, which is renumbered from Section 53A-11-1203 is
6682     renumbered and amended to read:
6683          [53A-11-1203].      53G-7-702. Student clubs -- Limited open forum --
6684     Authorization.
6685          (1) (a) A school may establish and maintain a limited open forum for student clubs
6686     pursuant to the provisions of this part, State Board of Education rules, and school governing
6687     board policies.
6688          (b) Notwithstanding the provisions under Subsection (1)(a), a school retains the right to
6689     create a closed forum at any time by allowing curricular clubs only.
6690          (2) (a) A school shall review applications for authorization of clubs on a case-by-case
6691     basis.
6692          (b) Before granting an authorization, the school shall find:
6693          (i) that the proposed club meets this part's respective requirements of a curricular club

6694     or a noncurricular club; and
6695          (ii) that the proposed club's purpose and activities comply with this part.
6696          (c) Before granting an authorization, a school may request additional information from
6697     the faculty sponsor, from students proposing the club, or from its school governing board, if
6698     desired.
6699          (3) A school shall grant authorization and school facilities use to curricular and
6700     noncurricular clubs whose applications are found to meet the requirements of this part, rules of
6701     the State Board of Education, and policies of the school governing board and shall limit or
6702     deny authorization or school facilities use to proposed clubs that do not meet the requirements
6703     of this part, rules of the State Board of Education, and policies of the school governing board.
6704          Section 214. Section 53G-7-703, which is renumbered from Section 53A-11-1204 is
6705     renumbered and amended to read:
6706          [53A-11-1204].      53G-7-703. Curricular clubs -- Authorization.
6707          (1) Faculty members or students proposing a curricular club shall submit written
6708     application for authorization on a form approved by the school governing board.
6709          (2) A school governing board may exempt a club whose membership is determined by
6710     student body election or a club that is governed by an association that regulates interscholastic
6711     activities from the authorization requirements under this section.
6712          (3) An application for authorization of a curricular club shall include:
6713          (a) the recommended club name;
6714          (b) a statement of the club's purpose, goals, and activities;
6715          (c) a statement of the club's categorization, which shall be included in the parental
6716     consent required under Section [53A-11-1210] 53G-7-709, indicating all of the following that
6717     may apply:
6718          (i) athletic;
6719          (ii) business/economic;
6720          (iii) agriculture;
6721          (iv) art/music/performance;

6722          (v) science;
6723          (vi) gaming;
6724          (vii) religious;
6725          (viii) community service/social justice; and
6726          (ix) other;
6727          (d) the recommended meeting times, dates, and places;
6728          (e) a statement that the club will comply with the provisions of this part and all other
6729     applicable laws, rules, or policies; and
6730          (f) a budget showing the amount and source of any funding provided or to be provided
6731     to the club and its proposed use.
6732          (4) The application may be as brief as a single page so long as it contains the items
6733     required under this section.
6734          (5) A school shall approve the name of a curricular club consistent with the club's
6735     purposes and its school sponsorship.
6736          (6) (a) A school shall determine curriculum relatedness by strictly applying this part's
6737     definition of curricular club to the club application.
6738          (b) If the school finds that the proposed club is a curricular club, the school shall
6739     continue to review the application as an application for authorization of a curricular club.
6740          (c) If the school finds that the proposed club is a noncurricular club, the school may:
6741          (i) return the application to the faculty member or students proposing the club for
6742     amendment; or
6743          (ii) review the application as an application for authorization of a noncurricular club.
6744          (7) (a) Only curricular clubs may be authorized for elementary schools.
6745          (b) A school governing body may limit, or permit a secondary school to limit, the
6746     authorization of clubs at the secondary school to only curricular clubs.
6747          Section 215. Section 53G-7-704, which is renumbered from Section 53A-11-1205 is
6748     renumbered and amended to read:
6749          [53A-11-1205].      53G-7-704. Noncurricular clubs -- Annual authorization.

6750          (1) A noncurricular club shall have a minimum of three members.
6751          (2) Students proposing a noncurricular club shall submit a written application for
6752     authorization on a form approved by the school governing board.
6753          (3) An application for authorization of a noncurricular club shall include:
6754          (a) the recommended club name;
6755          (b) a statement of the club's purpose, goals, and activities;
6756          (c) a statement of the club's categorization, which shall be included in the parental
6757     consent required under Section [53A-11-1210] 53G-7-709, indicating all of the following that
6758     may apply:
6759          (i) athletic;
6760          (ii) business/economic;
6761          (iii) agriculture;
6762          (iv) art/music/performance;
6763          (v) science;
6764          (vi) gaming;
6765          (vii) religious;
6766          (viii) community service/social justice; and
6767          (ix) other;
6768          (d) the recommended meeting times, dates, and places;
6769          (e) a statement that the club will comply with the provisions of this part and all other
6770     applicable laws, rules, or policies; and
6771          (f) a budget showing the amount and source of any funding provided or to be provided
6772     to the club and its proposed use.
6773          (4) The application may be as brief as a single page so long as it contains the items
6774     required under this section.
6775          (5) (a) A school governing board may provide for approval of a noncurricular club
6776     name in an action separate from that relating to authorization of the club itself.
6777          (b) A school governing board shall require:

6778          (i) that a noncurricular club name shall reasonably reflect the club's purpose, goals, and
6779     activities; and
6780          (ii) that the noncurricular club name shall be a name that would not result in or imply a
6781     violation of this part.
6782          Section 216. Section 53G-7-705, which is renumbered from Section 53A-11-1206 is
6783     renumbered and amended to read:
6784          [53A-11-1206].      53G-7-705. Clubs -- Limitations and denials.
6785          (1) A school shall limit or deny authorization or school facilities use to a club, or
6786     require changes prior to granting authorization or school facilities use:
6787          (a) as the school determines it to be necessary to:
6788          (i) protect the physical, emotional, psychological, or moral well-being of students and
6789     faculty;
6790          (ii) maintain order and discipline on school premises;
6791          (iii) prevent a material and substantial interference with the orderly conduct of a
6792     school's educational activities;
6793          (iv) protect the rights of parents or guardians and students;
6794          (v) maintain the boundaries of socially appropriate behavior; or
6795          (vi) ensure compliance with all applicable laws, rules, regulations, and policies; or
6796          (b) if a club's proposed charter and proposed activities indicate students or advisors in
6797     club related activities would as a substantial, material, or significant part of their conduct or
6798     means of expression:
6799          (i) encourage criminal or delinquent conduct;
6800          (ii) promote bigotry;
6801          (iii) involve human sexuality; or
6802          (iv) involve any effort to engage in or conduct mental health therapy, counseling, or
6803     psychological services for which a license would be required under state law.
6804          (2) A school governing board has the authority to determine whether any club meets
6805     the criteria of Subsection (1).

6806          (3) If a school or school governing board limits or denies authorization to a club, the
6807     school or school governing board shall provide, in writing, to the applicant the factual and legal
6808     basis for the limitation or denial.
6809          (4) A student's spontaneous expression of sentiments or opinions otherwise identified
6810     in Subsection [53A-13-302] 53E-9-203(1) is not prohibited.
6811          Section 217. Section 53G-7-706, which is renumbered from Section 53A-11-1207 is
6812     renumbered and amended to read:
6813          [53A-11-1207].      53G-7-706. Faculty oversight of authorized clubs.
6814          (1) A school shall approve the faculty sponsor, supervisor, or monitor for each
6815     authorized curricular, noncurricular, and religious club to provide oversight consistent with this
6816     part and the needs of the school to ensure that the methods of expression, religious practices, or
6817     other conduct of the students or advisors involved do not:
6818          (a) unreasonably interfere with the ability of school officials to maintain order and
6819     discipline;
6820          (b) unreasonably endanger or threaten the well-being of persons or property;
6821          (c) violate concepts of civility or propriety appropriate to a school setting; or
6822          (d) violate applicable laws, rules, regulations, and policies.
6823          (2) (a) A school shall annually approve faculty members as sponsors of curricular
6824     clubs.
6825          (b) Faculty sponsors shall organize and direct the purpose and activities of a curricular
6826     club.
6827          (3) (a) A school shall approve faculty members to serve as supervisors for authorized
6828     noncurricular clubs.
6829          (b) A faculty supervisor shall provide oversight to ensure compliance with the
6830     approved club purposes, goals, and activities and with the provisions of this part and other
6831     applicable laws, rules, and policies.
6832          (c) The approval of a faculty supervisor or monitor does not constitute school
6833     sponsorship of the club.

6834          (d) A faculty monitor approved for a religious club may not participate in the activities
6835     of the religious club, except to perform the supervisory role required by this section.
6836          (4) Without the prior approval by the school, a person who is not a school faculty
6837     member or a club member may not:
6838          (a) make a presentation to a noncurricular club; or
6839          (b) direct, conduct, control, or regularly attend the meetings of a noncurricular club.
6840          Section 218. Section 53G-7-707, which is renumbered from Section 53A-11-1208 is
6841     renumbered and amended to read:
6842          [53A-11-1208].      53G-7-707. Use of school facilities by clubs.
6843          (1) A school shall determine and assign school facilities use for curricular and
6844     noncurricular clubs consistent with the needs of the school.
6845          (2) The following rules apply to curricular clubs:
6846          (a) in assigning school facilities use, the administrator may give priority to curricular
6847     clubs over noncurricular clubs; and
6848          (b) the school may provide financial or other support to curricular clubs.
6849          (3) The following rules apply to noncurricular clubs:
6850          (a) a preference or priority may not be given among noncurricular clubs;
6851          (b) (i) a school shall only provide the space for noncurricular club meetings; and
6852          (ii) a school may not spend public funds for noncurricular clubs, except as required to
6853     implement the provisions of this part, including providing space and faculty oversight for
6854     noncurricular clubs;
6855          (c) a school shall establish the noninstructional times during which noncurricular clubs
6856     may meet;
6857          (d) a school may establish the places that noncurricular clubs may meet;
6858          (e) a school may set the number of hours noncurricular clubs may use the school's
6859     facilities per month, provided that all noncurricular clubs shall be treated equally; and
6860          (f) a school shall determine what access noncurricular clubs shall be given to the
6861     school newspaper, yearbook, bulletin boards, or public address system, provided that all

6862     noncurricular clubs shall be treated equally.
6863          Section 219. Section 53G-7-708, which is renumbered from Section 53A-11-1209 is
6864     renumbered and amended to read:
6865          [53A-11-1209].      53G-7-708. Club membership.
6866          (1) A school shall require written parental or guardian consent for student participation
6867     in all curricular and noncurricular clubs at the school.
6868          (2) Membership in curricular clubs is governed by the following rules:
6869          (a) (i) membership may be limited to students who are currently attending the
6870     sponsoring school or school district; and
6871          (ii) members who attend a school other than the sponsoring school shall have, in
6872     addition to the consent required under Section [53A-11-1210] 53G-7-709, specific parental or
6873     guardian permission for membership in a curricular club at another school;
6874          (b) (i) curricular clubs may require that prospective members try out based on objective
6875     criteria outlined in the application materials; and
6876          (ii) try-outs may not require activities that violate the provisions of this part and other
6877     applicable laws, rules, and policies; and
6878          (c) other rules as determined by the State Board of Education, school district, or
6879     school.
6880          (3) Membership in noncurricular clubs is governed by the following rules:
6881          (a) student membership in a noncurricular club is voluntary;
6882          (b) membership shall be limited to students who are currently attending the school;
6883          (c) (i) noncurricular clubs may require that prospective members try out based on
6884     objective criteria outlined in the application materials; and
6885          (ii) try-outs may not require activities that violate the provisions of this part and other
6886     applicable laws, rules, and policies;
6887          (d) a copy of any written or other media materials that were presented at a
6888     noncurricular club meeting by a nonschool person shall be delivered to a school administrator
6889     no later than 24 hours after the noncurricular club meeting and, if requested, a student's parent

6890     or legal guardian shall have an opportunity to review those materials; and
6891          (e) other rules as determined by the State Board of Education, school district, or
6892     school.
6893          Section 220. Section 53G-7-709, which is renumbered from Section 53A-11-1210 is
6894     renumbered and amended to read:
6895          [53A-11-1210].      53G-7-709. Parental consent.
6896          (1) A school shall require written parental or guardian consent for student participation
6897     in all curricular and noncurricular clubs at the school.
6898          (2) The consent described in Subsection (1) shall include an activity disclosure
6899     statement containing the following information:
6900          (a) the specific name of the club;
6901          (b) a statement of the club's purpose, goals, and activities;
6902          (c) a statement of the club's categorization, which shall be obtained from the
6903     application for authorization of a club in accordance with the provisions of Section
6904     [53A-11-1204] 53G-7-703 or [53A-11-1205] 53G-7-704, indicating all of the following that
6905     may apply:
6906          (i) athletic;
6907          (ii) business/economic;
6908          (iii) agriculture;
6909          (iv) art/music/performance;
6910          (v) science;
6911          (vi) gaming;
6912          (vii) religious;
6913          (viii) community service/social justice; and
6914          (ix) other;
6915          (d) beginning and ending dates;
6916          (e) a tentative schedule of the club activities with dates, times, and places specified;
6917          (f) personal costs associated with the club, if any;

6918          (g) the name of the sponsor, supervisor, or monitor who is responsible for the club; and
6919          (h) any additional information considered important for the students and parents to
6920     know.
6921          (3) All completed parental consent forms shall be filed by the parent or the club's
6922     sponsor, supervisor, or monitor with the school's principal, the chief administrative officer of a
6923     charter school, or their designee.
6924          Section 221. Section 53G-7-710, which is renumbered from Section 53A-11-1211 is
6925     renumbered and amended to read:
6926          [53A-11-1211].      53G-7-710. Violations -- Investigations -- School responses.
6927          (1) A school shall investigate any report or allegation that an authorized curricular or
6928     noncurricular club is:
6929          (a) participating in activities beyond the scope of its purpose; or
6930          (b) in violation of a provision of this part or another applicable law, rule, regulation, or
6931     policy.
6932          (2) After meeting with the faculty sponsor, faculty supervisor, or faculty monitor, the
6933     students involved, and the person making the report or allegation, if a violation is substantiated,
6934     the school may do any of the following:
6935          (a) allow the club's original statement of its purpose, goals, and activities to be
6936     modified to include the activities if they are in compliance with the provisions of this part and
6937     other applicable laws, rules, regulations, or policies;
6938          (b) instruct the faculty sponsor, supervisor, or monitor not to allow similar violations in
6939     the future;
6940          (c) limit or suspend the club's authorization or school facilities use pending further
6941     corrective action as determined by the school; or
6942          (d) terminate the club's authorization and dissolve the club.
6943          (3) Any limitation on expression, practice, or conduct of any student, advisor, or guest
6944     in a meeting of a curricular or noncurricular club, or limitation on school facilities use, shall be
6945     by the least restrictive means necessary to satisfy the school's interests as identified in this part.

6946          (4) A club that has been terminated in accordance with Subsection (2)(d) may not
6947     reapply for authorization until the following school year.
6948          (5) A student who makes a false allegation or report under this section shall be subject
6949     to school discipline.
6950          Section 222. Section 53G-7-711, which is renumbered from Section 53A-11-1212 is
6951     renumbered and amended to read:
6952          [53A-11-1212].      53G-7-711. Appeals -- Procedures.
6953          (1) (a) A completed application or complaint shall be approved, denied, or investigated
6954     by the school within a reasonable amount of time.
6955          (b) If an application or complaint is denied, written reasons for the denial or results of
6956     the investigation shall be stated and, if appropriate, suggested corrections shall be made to
6957     remedy the deficiency.
6958          (c) A club that is denied school facilities use shall be informed at the time of the denial
6959     of the factual and legal basis for the denial, and, if appropriate, how the basis for the denial
6960     could be corrected.
6961          (2) (a) If denied, suspended, or terminated, a club, student desirous of participating or
6962     speaking, or a complaining parent or guardian, has 10 school days from the date of the denial,
6963     suspension, or termination to file a written appeal from the denial, suspension, or termination
6964     to a designee authorized by the school governing board.
6965          (b) The designee shall issue a determination within a reasonable amount of time from
6966     receipt of the appeal, which decision is final and constitutes satisfaction of all administrative
6967     remedies unless the time for evaluation is extended by agreement of all parties.
6968          (3) A person directly affected by a decision made in accordance with the provisions of
6969     this part may appeal the decision by writing to a person designated by the school governing
6970     board.
6971          Section 223. Section 53G-7-712, which is renumbered from Section 53A-11-1213 is
6972     renumbered and amended to read:
6973          [53A-11-1213].      53G-7-712. Rulemaking -- State Board of Education --

6974     School governing boards.
6975          The State Board of Education may adopt additional rules and school governing boards
6976     may adopt additional rules or policies governing clubs that do not conflict with the provisions
6977     of this part.
6978          Section 224. Section 53G-7-713, which is renumbered from Section 53A-11-1214 is
6979     renumbered and amended to read:
6980          [53A-11-1214].      53G-7-713. Severability.
6981          If any provision of this part or the application of any provision to any person or
6982     circumstance, is held invalid, the remainder of this part shall be given effect without the invalid
6983     provision or application.
6984          Section 225. Section 53G-7-801, which is renumbered from Section 53A-15-1101 is
6985     renumbered and amended to read:
6986     
Part 8. School Uniforms

6987          [53A-15-1101].      53G-7-801. Definitions.
6988          As used in this part:
6989          (1) "Principal" includes the chief administrator of a school that does not have a
6990     principal.
6991          (2) "School" means a public school, including a charter school.
6992          (3) "School official" means the principal of a school or the local school board for a
6993     school district.
6994          (4) "School uniform" means student clothing conforming to a school uniform policy
6995     under this part, which may include a dress code, dress of designated colors, or a reasonable
6996     designated uniform of a particular style. A school uniform policy may not include very
6997     expensive or prescriptive clothing requirements.
6998          Section 226. Section 53G-7-802, which is renumbered from Section 53A-15-1102 is
6999     renumbered and amended to read:
7000          [53A-15-1102].      53G-7-802. Uniforms in schools -- Legislative finding --
7001     Policies.

7002          (1) The Legislature finds that:
7003          (a) each student should be allowed to learn in a safe environment which fosters the
7004     learning process and is free from unnecessary disruptions;
7005          (b) the wearing of certain types of clothing may identify students as members of youth
7006     gangs and contribute to disruptive behavior and violence in the schools;
7007          (c) school uniform policies may be part of an overall program to:
7008          (i) improve school safety and discipline; and
7009          (ii) help avoid the disruption of the classroom atmosphere and decorum and prevent
7010     disturbances among students; and
7011          (d) school uniforms may:
7012          (i) decrease violence and theft among students; and
7013          (ii) foster and promote desirable school operating conditions and a positive educational
7014     environment in accordance with this part.
7015          (2) In accordance with Section [53A-15-1103] 53G-7-803, a school may adopt a school
7016     uniform policy that requires students enrolled at that school to wear a designated school
7017     uniform during the school day.
7018          (3) A school uniform policy shall:
7019          (a) protect students' free exercise of religious beliefs;
7020          (b) specify whether the uniform policy is voluntary or mandatory for students;
7021          (c) specify whether or not the uniform policy has an opt-out provision in addition to the
7022     provisions under Subsection (5); and
7023          (d) include a provision for financial assistance to families who cannot afford to
7024     purchase a required uniform, which may include:
7025          (i) the school providing school uniforms to students;
7026          (ii) the school making used school uniforms available to students; or
7027          (iii) other programs to make school uniforms available to economically disadvantaged
7028     students.
7029          (4) A school uniform policy under this part is not considered a fee for either an

7030     elementary or a secondary school.
7031          (5) A school uniform policy shall include a provision allowing a principal at any time
7032     during the school year to grant an exemption from wearing a school uniform to a student
7033     because of extenuating circumstances.
7034          (6) (a) If a school adopts a school uniform policy under this part, that school's
7035     governing body or local school board shall adopt local appellate procedures for school actions
7036     under this part, including a denial of an exemption requested under Subsection (5).
7037          (b) A person may seek judicial review of an action under this part only after exhausting
7038     the remedies provided under this Subsection (6).
7039          Section 227. Section 53G-7-803, which is renumbered from Section 53A-15-1103 is
7040     renumbered and amended to read:
7041          [53A-15-1103].      53G-7-803. Uniforms in schools -- Policy approval.
7042          (1) The school uniform policy authorized in Section [53A-15-1102] 53G-7-802 may be
7043     adopted:
7044          (a) for a charter school:
7045          (i) by the governing body or administrator of the charter school in accordance with
7046     Subsection (2); or
7047          (ii) by including the school uniform policy in the school's charter approved in
7048     accordance with [Title 53A, Chapter 1a, Part 5, The] Chapter 5, Utah Charter Schools [Act];
7049          (b) for more than one school at the district level by a local school board in accordance
7050     with Subsection (2); or
7051          (c) for a single school at the school level by the principal of the school in accordance
7052     with Subsection (2).
7053          (2) A school uniform policy adopted by an election is subject to the following
7054     requirements:
7055          (a) the adopting authority shall hold a public hearing on the matter prior to formal
7056     adoption of the school uniform policy;
7057          (b) (i) the adopting authority shall hold an election for approval of a school uniform

7058     policy prior to its adoption and shall receive an affirmative vote from a majority of those voting
7059     at the election; and
7060          (ii) only parents and guardians of students subject to the proposed school uniform
7061     policy may vote at the election, limited to one vote per family.
7062          (3) (a) A local school board or principal is required to hold an election to consider
7063     adoption of a school uniform policy for an entire school district or an individual school if
7064     initiative petitions are presented as follows:
7065          (i) for a school district, a petition signed by a parent or guardian of 20% of the district's
7066     students presented to the local school board; and
7067          (ii) for an individual school, a petition signed by a parent or guardian of 20% of the
7068     school's students presented to the principal.
7069          (b) The public hearing and election procedures required in Subsection (2) apply to
7070     Subsection (3).
7071          (4) (a) The procedures set forth in Subsections (3) and (4) shall apply to the
7072     discontinuance or modification of a school uniform policy adopted under this section.
7073          (b) A vote to discontinue an adopted school uniform policy may not take place during
7074     the first year of its operation.
7075          (5) The adopting authority shall establish the manner and time of an election required
7076     under this section.
7077          Section 228. Section 53G-7-901, which is renumbered from Section 53A-29-101 is
7078     renumbered and amended to read:
7079     
Part 9. Internships

7080          [53A-29-101].      53G-7-901. Definitions.
7081          As used in this [chapter] part:
7082          (1) "Cooperating employer" means a public or private entity which, as part of a work
7083     experience and career exploration program offered through a school, provides interns with
7084     training and work experience in activities related to the entity's ongoing business activities.
7085          (2) "Intern" means a student enrolled in a school-sponsored work experience and career

7086     exploration program under Section [53A-29-102] 53G-7-902 involving both classroom
7087     instruction and work experience with a cooperating employer, for which the student receives no
7088     compensation.
7089          (3) "Internship" means the work experience segment of an intern's school-sponsored
7090     work experience and career exploration program, performed under the direct supervision of a
7091     cooperating employer.
7092          (4) "Private school" means a school serving any of grades 7 through 12 which is not
7093     part of the public education system.
7094          (5) "Public school" means:
7095          (a) a public school district;
7096          (b) an applied technology center or applied technology service region;
7097          (c) the Schools for the Deaf and the Blind; or
7098          (d) other components of the public education system authorized by the State Board of
7099     Education to offer internships.
7100          Section 229. Section 53G-7-902, which is renumbered from Section 53A-29-102 is
7101     renumbered and amended to read:
7102          [53A-29-102].      53G-7-902. Public or private school internships.
7103          A public or private school may offer internships in connection with work experience
7104     and career exploration programs operated in accordance with the rules of the State Board of
7105     Education.
7106          Section 230. Section 53G-7-903, which is renumbered from Section 53A-29-103 is
7107     renumbered and amended to read:
7108          [53A-29-103].      53G-7-903. Interns -- Workers' compensation medical
7109     benefits.
7110          (1) An intern participating in an internship under Section [53A-29-102] 53G-7-902 is
7111     considered to be a volunteer government worker of the sponsoring public school, or an
7112     employee of the sponsoring private school, solely for purposes of receiving workers'
7113     compensation medical benefits.

7114          (2) Receipt of medical benefits under Subsection (1) shall be the exclusive remedy
7115     against the school and the cooperating employer for all injuries and occupational diseases as
7116     provided under Title 34A, Chapters 2, Workers' Compensation Act, and Chapter 3, Utah
7117     Occupational Disease Act.
7118          Section 231. Section 53G-7-904, which is renumbered from Section 53A-29-104 is
7119     renumbered and amended to read:
7120          [53A-29-104].      53G-7-904. Internship programs -- Criminal background
7121     checks.
7122          Officers and employees of a cooperating employer who will be given significant
7123     unsupervised access to a student in connection with the student's activities as an intern shall be
7124     considered to be a volunteer for purposes of criminal background checks under Section
7125     [53A-15-1503] 53G-11-402.
7126          Section 232. Section 53G-7-905, which is renumbered from Section 53A-29-105 is
7127     renumbered and amended to read:
7128          [53A-29-105].      53G-7-905. Recognition of participation in internship
7129     program.
7130          A cooperating employer may be given appropriate recognition by a school, including
7131     the posting of the employer's name and a short description of the employer's business in an
7132     appropriate location on school property, or publication of that information in official
7133     publications of the school or school district.
7134          Section 233. Section 53G-7-1001 is enacted to read:
7135     
Part 10. Internet Policy

7136          53G-7-1001. Definitions.
7137          Reserved
7138          Section 234. Section 53G-7-1002, which is renumbered from Section 53A-3-422 is
7139     renumbered and amended to read:
7140          [53A-3-422].      53G-7-1002. Internet and online access policy required.
7141          State funds may not be provided to any local school board that provides access to the

7142     Internet or an online service unless the local school board adopts and enforces a policy to
7143     restrict access to Internet or online sites that contain obscene material.
7144          Section 235. Section 53G-7-1003, which is renumbered from Section 53A-3-423 is
7145     renumbered and amended to read:
7146          [53A-3-423].      53G-7-1003. Process and content standards for policy.
7147          (1) "Policy" as used in this section means the elementary and secondary school online
7148     access policy adopted by a local school board to meet the requirements of Section [53A-3-422]
7149     53G-7-1002.
7150          (2) (a) Each policy shall be developed under the direction of the local school board,
7151     adopted in an open meeting, and have an effective date. The local school board shall review
7152     the policy at least every three years, and a footnote shall be added to the policy indicating the
7153     effective date of the last review.
7154          (b) Notice of the availability of the policy shall be posted in a conspicuous place within
7155     each school. The local school board may issue any other public notice it considers appropriate.
7156          (3) The policy shall:
7157          (a) state that it restricts access to Internet or online sites that contain obscene material
7158     and shall state how the local school board intends to meet the requirements of Section
7159     [53A-3-422] 53G-7-1002;
7160          (b) inform the public that administrative procedures and guidelines for the staff to
7161     follow in enforcing the policy have been adopted and are available for review at the school; and
7162          (c) inform the public that procedures to handle complaints about the policy, its
7163     enforcement, or about observed behavior have been adopted and are available for review at the
7164     school.
7165          Section 236. Section 53G-7-1004, which is renumbered from Section 53A-3-424 is
7166     renumbered and amended to read:
7167          [53A-3-424].      53G-7-1004. Rulemaking -- Reporting.
7168          The State Board of Education may make rules in accordance with Title 63G, Chapter 3,
7169     Utah Administrative Rulemaking Act, regarding compliance standards and reporting

7170     requirements for local school boards with respect to the policy required by Section
7171     [53A-3-422] 53G-7-1002.
7172          Section 237. Section 53G-7-1101, which is renumbered from Section 53A-1-1601 is
7173     renumbered and amended to read:
7174     
Part 11. Public School Membership in Associations

7175          [53A-1-1601].      53G-7-1101. Definitions.
7176          As used in this part:
7177          (1) "Alignment" or "realignment" means the initial or subsequent act, respectively, of
7178     assigning a public school a classification or region.
7179          (2) "Appeals panel" means the appeals panel created in Section [53A-1-1606]
7180     53G-7-1106.
7181          (3) (a) "Association" means an organization that governs or regulates a student's
7182     participation in an athletic interscholastic activity.
7183          (b) "Association" does not include an institution of higher education described in
7184     Section 53B-1-102.
7185          (4) "Classification" means the designation of a school based on the size of the school's
7186     student enrollment population for purposes of interscholastic activities.
7187          (5) "Eligibility" means eligibility to participate in an interscholastic activity regulated
7188     or governed by an association.
7189          (6) "Governing body" means a body within an association that:
7190          (a) is responsible for:
7191          (i) adopting rules or policies that govern interscholastic activities or the administration
7192     of the association;
7193          (ii) adopting or amending the association's governing document or bylaws;
7194          (iii) enforcing the rules and policies of the association; and
7195          (iv) adopting the association's budget; and
7196          (b) has oversight of other boards, committees, councils, or bodies within the
7197     association.

7198          (7) "Interscholastic activity" means an activity within the state in which:
7199          (a) a student that participates represents the student's school in the activity; and
7200          (b) the participating student is enrolled in grade 9, 10, 11, or 12.
7201          (8) "Public hearing" means a hearing at which members of the public are provided a
7202     reasonable opportunity to comment on the subject of the hearing.
7203          (9) "Region" means a grouping of schools of the same classification for purposes of
7204     interscholastic activities.
7205          Section 238. Section 53G-7-1102, which is renumbered from Section 53A-1-1602 is
7206     renumbered and amended to read:
7207          [53A-1-1602].      53G-7-1102. Public schools prohibited from membership.
7208          (1) A public school may not be a member of or pay dues to an association that is not in
7209     compliance on or after July 1, 2017, with:
7210          (a) this part;
7211          (b) Title 52, Chapter 4, Open and Public Meetings Act;
7212          (c) Title 63G, Chapter 2, Government Records Access and Management Act; and
7213          (d) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
7214          (2) Unless otherwise specified, an association's compliance with or an association
7215     employee or officer's compliance with the provisions described in Subsection (1) does not alter:
7216          (a) the association's public or private status; or
7217          (b) the public or private employment status of the employee or officer.
7218          Section 239. Section 53G-7-1103, which is renumbered from Section 53A-1-1603 is
7219     renumbered and amended to read:
7220          [53A-1-1603].      53G-7-1103. Governing body membership.
7221          (1) (a) A governing body shall have 15 members as follows:
7222          (i) six members who:
7223          (A) are each an elected member of a local school board; and
7224          (B) each represent a different classification;
7225          (ii) (A) one school superintendent representing the two largest classifications;

7226          (B) one school superintendent representing the two classifications that are next in
7227     diminishing size to the smaller of the two classifications described in Subsection (1)(a)(ii)(A);
7228     and
7229          (C) one school superintendent representing the two classifications that are next in
7230     diminishing size to the smaller of the two classifications described in Subsection (1)(a)(ii)(B);
7231          (iii) (A) one school principal representing the two largest classifications;
7232          (B) one school principal representing the two classifications that are next in
7233     diminishing size to the smaller of the two classifications described in Subsection (1)(a)(iii)(A);
7234     and
7235          (C) one school principal representing the two classifications that are next in
7236     diminishing size to the smaller of the two classifications described in Subsection (1)(a)(iii)(B);
7237          (iv) one representative of charter schools;
7238          (v) one representative of private schools, if private schools are members of or regulated
7239     by the association; and
7240          (vi) one member representing the State Board of Education.
7241          (b) Only a member respectively described in Subsection (1)(a)(iv) or (v) may be
7242     elected or appointed by or represent charter or private schools on the governing body.
7243          (2) (a) A member described in Subsection (1)(a)(i), (ii), (iii), or (v) may be elected,
7244     appointed, or otherwise selected in accordance with association rule or policy to the extent the
7245     selection reflects the membership requirements in Subsection (1)(a)(i), (ii), (iii), or (v).
7246          (b) A governing body member described in Subsection (1)(a)(vi) shall be the chair of
7247     the State Board of Education or the chair's designee if the designee is an elected member of the
7248     State Board of Education.
7249          Section 240. Section 53G-7-1104, which is renumbered from Section 53A-1-1604 is
7250     renumbered and amended to read:
7251          [53A-1-1604].      53G-7-1104. Reporting requirements.
7252          An association shall provide a verbal report, accompanied by a written report, annually
7253     to the State Board of Education, including:

7254          (1) the association's annual budget in accordance with Section [53A-1-1605]
7255     53G-7-1105;
7256          (2) a schedule of events scheduled or facilitated by the association;
7257          (3) procedures for alignment or realignment;
7258          (4) any amendments or changes to the association's governing document or bylaws; and
7259          (5) any other information requested by the State Board of Education.
7260          Section 241. Section 53G-7-1105, which is renumbered from Section 53A-1-1605 is
7261     renumbered and amended to read:
7262          [53A-1-1605].      53G-7-1105. Association budgets.
7263          (1) An association shall:
7264          (a) adopt a budget in accordance with this section; and
7265          (b) use uniform budgeting, accounting, and auditing procedures and forms, which shall
7266     be in accordance with generally accepted accounting principles or auditing standards.
7267          (2) An association budget officer or executive director shall annually prepare a
7268     tentative budget, with supporting documentation, to be submitted to the governing body.
7269          (3) The tentative budget and supporting documents shall include the following items:
7270          (a) the revenues and expenditures of the preceding fiscal year;
7271          (b) the estimated revenues and expenditures of the current fiscal year;
7272          (c) a detailed estimate of the essential expenditures for all purposes for the next
7273     succeeding fiscal year; and
7274          (d) the estimated financial condition of the association by funds at the close of the
7275     current fiscal year.
7276          (4) The tentative budget shall be filed with the governing body 15 days, or earlier,
7277     before the date of the tentative budget's proposed adoption by the governing body.
7278          (5) The governing body shall adopt a budget.
7279          (6) Before the adoption or amendment of a budget, the governing body shall hold a
7280     public hearing on the proposed budget or budget amendment.
7281          (7) (a) In addition to complying with Title 52, Chapter 4, Open and Public Meetings

7282     Act, in regards to the public hearing described in Subsection (6), at least 10 days before the
7283     public hearing, a governing body shall:
7284          (i) publish a notice of the public hearing electronically in accordance with Section
7285     63F-1-701; and
7286          (ii) post the proposed budget on the association's Internet website.
7287          (b) A notice of a public hearing on an association's proposed budget shall include
7288     information on how the public may access the proposed budget as provided in Subsection
7289     (7)(a).
7290          (8) No later than September 30 of each year, the governing body shall file a copy of the
7291     adopted budget with the state auditor and the State Board of Education.
7292          Section 242. Section 53G-7-1106, which is renumbered from Section 53A-1-1606 is
7293     renumbered and amended to read:
7294          [53A-1-1606].      53G-7-1106. Procedures for disputes -- Appeals -- Appeals
7295     panel -- Compensation.
7296          (1) (a) An association shall establish a uniform procedure for hearing and deciding:
7297          (i) disputes;
7298          (ii) allegations of violations of the association's rules or policies;
7299          (iii) requests to establish eligibility after a student transfers schools; and
7300          (iv) disputes related to alignment or realignment.
7301          (b) An individual may appeal to an appeals panel established in this section an
7302     association decision regarding a request to establish eligibility after a student transfers schools.
7303          (2) (a) There is established an appeals panel for an association decision described in
7304     Subsection (1)(b).
7305          (b) The appeals panel shall consist of the following three members:
7306          (i) a judge or attorney who is not employed by, or contracts with, a school;
7307          (ii) a retired educator, principal, or superintendent; and
7308          (iii) a retired athletic director or coach.
7309          (c) A review and decision by the appeals panel is limited to whether the association

7310     properly followed the association's rules and procedures in regard to a decision described in
7311     Subsection (1)(b).
7312          (d) (i) An association shall adopt policies for filing an appeal with the appeals panel.
7313          (ii) The appeals panel shall review an appeal and issue a written decision explaining
7314     the appeals panel's decision no later than 10 business days after an appeal is filed.
7315          (e) The appeals panel's decision is final.
7316          (3) (a) The State Board of Education shall appoint the members of the appeals panel
7317     described in Subsection (2):
7318          (i) from the association's nominations described in Subsection (3)(b); and
7319          (ii) in accordance with the State Board of Education's appointment process.
7320          (b) (i) The association shall nominate up to three individuals for each position
7321     described in Subsection (2) for the State Board of Education's consideration.
7322          (ii) If the State Board of Education refuses to appoint members to the panel who were
7323     nominated by the association as described in Subsection (3)(b)(i), the State Board of Education
7324     shall request additional nominations from the association.
7325          (iii) No later than 45 days after the association provides the nominations, the State
7326     Board of Education shall appoint to the appeals panel an individual from the names provided
7327     by the association.
7328          (c) For the initial membership, the State Board of Education shall appoint two of the
7329     positions having an initial term of three years and one position having an initial term of two
7330     years.
7331          (d) Except as required by Subsection (3)(e), as terms of appeals panel members expire,
7332     the State Board of Education shall appoint each new member or reappointed member to a
7333     two-year term.
7334          (e) When a vacancy occurs in the membership for any reason, the replacement shall be
7335     appointed for the unexpired term.
7336          (4) The State Board of Education shall reimburse an association for per diem and travel
7337     expenses of members of the appeals panel.

7338          Section 243. Section 53G-7-1201 is enacted to read:
7339     
Part 12. School Community Councils and Charter Trust Land Councils

7340          53G-7-1201. Definitions.
7341          Reserved
7342          Section 244. Section 53G-7-1202, which is renumbered from Section 53A-1a-108 is
7343     renumbered and amended to read:
7344          [53A-1a-108].      53G-7-1202. School community councils -- Duties --
7345     Composition -- Election procedures and selection of members.
7346          (1) As used in this section:
7347          (a) "Digital citizenship" means the norms of appropriate, responsible, and healthy
7348     behavior related to technology use, including digital literacy, ethics, etiquette, and security.
7349          (b) "District school" means a public school under the control of a local school board
7350     elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
7351     Boards.
7352          (c) "Educator" means the same as that term is defined in Section [53A-6-103]
7353     53E-6-102.
7354          (d) (i) "Parent or guardian member" means a member of a school community council
7355     who is a parent or guardian of a student who:
7356          (A) is attending the school; or
7357          (B) will be enrolled at the school during the parent's or guardian's term of office.
7358          (ii) "Parent or guardian member" may not include an educator who is employed at the
7359     school.
7360          (e) "School community council" means a council established at a district school in
7361     accordance with this section.
7362          (f) "School employee member" means a member of a school community council who is
7363     a person employed at the school by the school or school district, including the principal.
7364          (g) "School LAND Trust Program money" means money allocated to a school pursuant
7365     to Section [53A-16-101.5] 53F-2-404.

7366          (2) A district school, in consultation with the district school's local school board, shall
7367     establish a school community council at the school building level for the purpose of:
7368          (a) involving parents or guardians of students in decision making at the school level;
7369          (b) improving the education of students;
7370          (c) prudently expending School LAND Trust Program money for the improvement of
7371     students' education through collaboration among parents and guardians, school employees, and
7372     the local school board; and
7373          (d) increasing public awareness of:
7374          (i) school trust lands and related land policies;
7375          (ii) management of the State School Fund established in Utah Constitution Article X,
7376     Section V; and
7377          (iii) educational excellence.
7378          (3) (a) Except as provided in Subsection (3)(b), a school community council shall:
7379          (i) create a school improvement plan in accordance with Section [53A-1a-108.5]
7380     53G-7-1204;
7381          (ii) create the School LAND Trust Program in accordance with Section [53A-16-101.5]
7382     53F-2-404;
7383          (iii) advise and make recommendations to school and school district administrators and
7384     the local school board regarding:
7385          (A) the school and its programs;
7386          (B) school district programs;
7387          (C) a child access routing plan in accordance with Section [53A-3-402] 53G-4-402;
7388          (D) safe technology utilization and digital citizenship; and
7389          (E) other issues relating to the community environment for students;
7390          (iv) provide for education and awareness on safe technology utilization and digital
7391     citizenship that empowers:
7392          (A) a student to make smart media and online choices; and
7393          (B) a parent or guardian to know how to discuss safe technology use with the parent's

7394     or guardian's child; and
7395          (v) partner with the school's principal and other administrators to ensure that adequate
7396     on and off campus Internet filtering is installed and consistently configured to prevent viewing
7397     of harmful content by students and school personnel, in accordance with local school board
7398     policy and Subsection [53A-1-706] 53G-7-216(3).
7399          (b) To fulfill the school community council's duties described in Subsections (3)(a)(iv)
7400     and (v), a school community council may:
7401          (i) partner with one or more non-profit organizations; or
7402          (ii) create a subcommittee.
7403          (c) A school or school district administrator may not prohibit or discourage a school
7404     community council from discussing issues, or offering advice or recommendations, regarding
7405     the school and its programs, school district programs, the curriculum, or the community
7406     environment for students.
7407          (4) (a) Each school community council shall consist of school employee members and
7408     parent or guardian members in accordance with this section.
7409          (b) Except as provided in Subsection (4)(c) or (d):
7410          (i) each school community council for a high school shall have six parent or guardian
7411     members and four school employee members, including the principal; and
7412          (ii) each school community council for a school other than a high school shall have
7413     four parent or guardian members and two school employee members, including the principal.
7414          (c) A school community council may determine the size of the school community
7415     council by a majority vote of a quorum of the school community council provided that:
7416          (i) the membership includes two or more parent or guardian members than the number
7417     of school employee members; and
7418          (ii) there are at least two school employee members on the school community council.
7419          (d) (i) The number of parent or guardian members of a school community council who
7420     are not educators employed by the school district shall exceed the number of parent or guardian
7421     members who are educators employed by the school district.

7422          (ii) If, after an election, the number of parent or guardian members who are not
7423     educators employed by the school district does not exceed the number of parent or guardian
7424     members who are educators employed by the school district, the parent or guardian members of
7425     the school community council shall appoint one or more parent or guardian members to the
7426     school community council so that the number of parent or guardian members who are not
7427     educators employed by the school district exceeds the number of parent or guardian members
7428     who are educators employed by the school district.
7429          (5) (a) Except as provided in Subsection (5)(f), a school employee member, other than
7430     the principal, shall be elected by secret ballot by a majority vote of the school employees and
7431     serve a two-year term. The principal shall serve as an ex officio member with full voting
7432     privileges.
7433          (b) (i) Except as provided in Subsection (5)(f), a parent or guardian member shall be
7434     elected by secret ballot at an election held at the school by a majority vote of those voting at the
7435     election and serve a two-year term.
7436          (ii) (A) Except as provided in Subsection (5)(b)(ii)(B), only a parent or guardian of a
7437     student attending the school may vote in, or run as a candidate in, the election under Subsection
7438     (5)(b)(i).
7439          (B) If an election is held in the spring, a parent or guardian of a student who will be
7440     attending the school the following school year may vote in, and run as a candidate in, the
7441     election under Subsection (5)(b)(i).
7442          (iii) Any parent or guardian of a student who meets the qualifications of this section
7443     may file or declare the parent's or guardian's candidacy for election to a school community
7444     council.
7445          (iv) (A) Subject to Subsections (5)(b)(iv)(B) and (5)(b)(iv)(C), a timeline for the
7446     election of parent or guardian members of a school community council shall be established by
7447     a local school board for the schools within the school district.
7448          (B) An election for the parent or guardian members of a school community council
7449     shall be held near the beginning of the school year or held in the spring and completed before

7450     the last week of school.
7451          (C) Each school shall establish a time period for the election of parent or guardian
7452     members of a school community council under Subsection (5)(b)(iv)(B) that is consistent for at
7453     least a four-year period.
7454          (c) (i) At least 10 days before the date that voting commences for the elections held
7455     under Subsections (5)(a) and (5)(b), the principal of the school, or the principal's designee,
7456     shall provide notice to each school employee, parent, or guardian, of the opportunity to vote in,
7457     and run as a candidate in, an election under this Subsection (5).
7458          (ii) The notice shall include:
7459          (A) the dates and times of the elections;
7460          (B) a list of council positions that are up for election; and
7461          (C) instructions for becoming a candidate for a community council position.
7462          (iii) The principal of the school, or the principal's designee, shall oversee the elections
7463     held under Subsections (5)(a) and (5)(b).
7464          (iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a
7465     secure ballot box.
7466          (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
7467     available to the public upon request.
7468          (e) (i) If a parent or guardian position on a school community council remains unfilled
7469     after an election is held, the other parent or guardian members of the council shall appoint a
7470     parent or guardian who meets the qualifications of this section to fill the position.
7471          (ii) If a school employee position on a school community council remains unfilled after
7472     an election is held, the other school employee members of the council shall appoint a school
7473     employee to fill the position.
7474          (iii) A member appointed to a school community council under Subsection (5)(e)(i) or
7475     (ii) shall serve a two-year term.
7476          (f) (i) If the number of candidates who file for a parent or guardian position or school
7477     employee position on a school community council is less than or equal to the number of open

7478     positions, an election is not required.
7479          (ii) If an election is not held pursuant to Subsection (5)(f)(i) and a parent or guardian
7480     position remains unfilled, the other parent or guardian members of the council shall appoint a
7481     parent or guardian who meets the qualifications of this section to fill the position.
7482          (iii) If an election is not held pursuant to Subsection (5)(f)(i) and a school employee
7483     position remains unfilled, the other school employee members of the council shall appoint a
7484     school employee who meets the qualifications of this section to fill the position.
7485          (g) The principal shall enter the names of the council members on the School LAND
7486     Trust website on or before October 20 of each year, pursuant to Section [53A-1a-108.1]
7487     53G-7-1203.
7488          (h) Terms shall be staggered so that approximately half of the council members stand
7489     for election each year.
7490          (i) A school community council member may serve successive terms provided the
7491     member continues to meet the definition of a parent or guardian member or school employee
7492     member as specified in Subsection (1).
7493          (j) Each school community council shall elect:
7494          (i) a chair from its parent or guardian members; and
7495          (ii) a vice chair from either its parent or guardian members or school employee
7496     members, excluding the principal.
7497          (6) (a) A school community council may create subcommittees or task forces to:
7498          (i) advise or make recommendations to the council; or
7499          (ii) develop all or part of a plan listed in Subsection (3).
7500          (b) Any plan or part of a plan developed by a subcommittee or task force shall be
7501     subject to the approval of the school community council.
7502          (c) A school community council may appoint individuals who are not council members
7503     to serve on a subcommittee or task force, including parents or guardians, school employees, or
7504     other community members.
7505          (7) (a) A majority of the members of a school community council is a quorum for the

7506     transaction of business.
7507          (b) The action of a majority of the members of a quorum is the action of the school
7508     community council.
7509          (8) A local school board shall provide training for a school community council each
7510     year, including training:
7511          (a) for the chair and vice chair about their responsibilities;
7512          (b) on resources available on the School LAND Trust website; and
7513          (c) on the following statutes governing school community councils:
7514          (i) Section [53A-1a-108] 53G-7-1202;
7515          (ii) Section [53A-1a-108.1] 53G-7-1203;
7516          (iii) Section [53A-1a-108.5] 53G-7-1204; and
7517          (iv) Section [53A-16-101.5] 53F-2-404.
7518          Section 245. Section 53G-7-1203, which is renumbered from Section 53A-1a-108.1 is
7519     renumbered and amended to read:
7520          [53A-1a-108.1].      53G-7-1203. School community councils -- Open and public
7521     meeting requirements.
7522          (1) As used in this section:
7523          (a) (i) "Charter trust land council" means a council established by a charter school
7524     governing board under Section [53A-16-101.5] 53F-2-404.
7525          (ii) "Charter trust land council" does not include a charter school governing board
7526     acting as a charter trust land council.
7527          (b) "School community council" means a council established at a school within a
7528     school district under Section [53A-1a-108] 53G-7-1202.
7529          (c) "Council" means a school community council or a charter trust land council.
7530          (2) A school community council or a charter trust land council:
7531          (a) shall conduct deliberations and take action openly as provided in this section; and
7532          (b) is exempt from Title 52, Chapter 4, Open and Public Meetings Act.
7533          (3) (a) As required by Section [53A-1a-108] 53G-7-1202, a local school board shall

7534     provide training for the members of a school community council on this section.
7535          (b) A charter school governing board shall provide training for the members of a
7536     charter trust land council on this section.
7537          (4) (a) A meeting of a council is open to the public.
7538          (b) A council may not close any portion of a meeting.
7539          (5) A council shall, at least one week prior to a meeting, post the following information
7540     on the school's website:
7541          (a) a notice of the meeting, time, and place;
7542          (b) an agenda for the meeting; and
7543          (c) the minutes of the previous meeting.
7544          (6) (a) On or before October 20, a principal shall post the following information on the
7545     school website and in the school office:
7546          (i) the proposed council meeting schedule for the year;
7547          (ii) a telephone number or email address, or both, where each council member can be
7548     reached directly; and
7549          (iii) a summary of the annual report required under Section [53A-16-101.5] 53F-2-404
7550     on how the school's School LAND Trust Program money was used to enhance or improve
7551     academic excellence at the school and implement a component of the school's improvement
7552     plan.
7553          (b) (i) A council shall identify and use methods of providing the information listed in
7554     Subsection (6)(a) to a parent or guardian who does not have Internet access.
7555          (ii) Money allocated to a school under the School LAND Trust Program created in
7556     Section [53A-16-101.5] 53F-2-404 may not be used to provide information as required by
7557     Subsection (6)(b)(i).
7558          (7) (a) The notice requirement of Subsection (5) may be disregarded if:
7559          (i) because of unforeseen circumstances it is necessary for a council to hold an
7560     emergency meeting to consider matters of an emergency or urgent nature; and
7561          (ii) the council gives the best notice practicable of:

7562          (A) the time and place of the emergency meeting; and
7563          (B) the topics to be considered at the emergency meeting.
7564          (b) An emergency meeting of a council may not be held unless:
7565          (i) an attempt has been made to notify all the members of the council; and
7566          (ii) a majority of the members of the council approve the meeting.
7567          (8) (a) An agenda required under Subsection (5)(b) shall provide reasonable specificity
7568     to notify the public as to the topics to be considered at the meeting.
7569          (b) Each topic described in Subsection (8)(a) shall be listed under an agenda item on
7570     the meeting agenda.
7571          (c) A council may not take final action on a topic in a meeting unless the topic is:
7572          (i) listed under an agenda item as required by Subsection (8)(b); and
7573          (ii) included with the advance public notice required by Subsection (5).
7574          (9) (a) Written minutes shall be kept of a council meeting.
7575          (b) Written minutes of a council meeting shall include:
7576          (i) the date, time, and place of the meeting;
7577          (ii) the names of members present and absent;
7578          (iii) a brief statement of the matters proposed, discussed, or decided;
7579          (iv) a record, by individual member, of each vote taken;
7580          (v) the name of each person who:
7581          (A) is not a member of the council; and
7582          (B) after being recognized by the chair, provided testimony or comments to the
7583     council;
7584          (vi) the substance, in brief, of the testimony or comments provided by the public under
7585     Subsection (9)(b)(v); and
7586          (vii) any other information that is a record of the proceedings of the meeting that any
7587     member requests be entered in the minutes.
7588          (c) The written minutes of a council meeting:
7589          (i) are a public record under Title 63G, Chapter 2, Government Records Access and

7590     Management Act; and
7591          (ii) shall be retained for three years.
7592          (10) (a) As used in this Subsection (10), "rules of order and procedure" means a set of
7593     rules that govern and prescribe in a public meeting:
7594          (i) parliamentary order and procedure;
7595          (ii) ethical behavior; and
7596          (iii) civil discourse.
7597          (b) A council shall:
7598          (i) adopt rules of order and procedure to govern a public meeting of the council;
7599          (ii) conduct a public meeting in accordance with the rules of order and procedure
7600     described in Subsection (10)(b)(i); and
7601          (iii) make the rules of order and procedure described in Subsection (10)(b)(i) available
7602     to the public:
7603          (A) at each public meeting of the council; and
7604          (B) on the school's website.
7605          Section 246. Section 53G-7-1204, which is renumbered from Section 53A-1a-108.5 is
7606     renumbered and amended to read:
7607          [53A-1a-108.5].      53G-7-1204. School improvement plan.
7608          (1) (a) A school community council established under Section [53A-1a-108]
7609     53G-7-1202 shall annually evaluate, with the school's principal, the school's statewide
7610     achievement test results, reading achievement plan, class size reduction needs, and technology
7611     needs, and use the evaluations in developing a school improvement plan to improve teaching
7612     and learning conditions.
7613          (b) In evaluating statewide achievement test results and developing a school
7614     improvement plan, a school community council may not have access to data that reveal the
7615     identity of students.
7616          (2) A school community council shall develop a school improvement plan that:
7617          (a) identifies the school's most critical academic needs;

7618          (b) recommends a course of action to meet the identified needs;
7619          (c) lists any programs, practices, materials, or equipment that the school will need to
7620     implement its action plan to have a direct impact on the instruction of students and result in
7621     measurable increased student performance;
7622          (d) describes how the school intends to enhance or improve academic achievement,
7623     including how financial resources available to the school, such as School LAND Trust Program
7624     money received under Section [53A-16-101.5] 53F-2-404 and state and federal grants, will be
7625     used to enhance or improve academic achievement; and
7626          (e) if the school community council represents a school that educates students in
7627     kindergarten, grade 1, grade 2, or grade 3, includes a reading achievement plan as described in
7628     Section [53A-1-606.5] 53E-4-306.
7629          (3) Although a school improvement plan focuses on the school's most critical academic
7630     needs, the school improvement plan may include other actions to enhance or improve academic
7631     achievement and the community environment for students.
7632          (4) The school principal shall make available to the school community council the
7633     school budget and other data needed to develop the school improvement plan.
7634          (5) The school improvement plan is subject to the approval of the local school board of
7635     the school district in which the school is located.
7636          (6) A school community council may develop a multiyear school improvement plan,
7637     but the multiyear school improvement plan must be presented to and approved annually by the
7638     local school board.
7639          (7) Each school shall:
7640          (a) implement the school improvement plan as developed by the school community
7641     council and approved by the local school board;
7642          (b) provide ongoing support for the council's school improvement plan; and
7643          (c) meet local school board reporting requirements regarding performance and
7644     accountability.
7645          (8) The school community council of a low performing school, as defined in Section

7646     [53A-1-1202] 53E-5-301, shall develop a school improvement plan that is consistent with the
7647     school turnaround plan developed by the school turnaround committee under [Chapter 1, Part
7648     12] Title 53E, Chapter 5, Part 3, School Turnaround and Leadership Development [Act].
7649          Section 247. Section 53G-8-101 is enacted to read:
7650     
CHAPTER 8. DISCIPLINE AND SAFETY

7651     
Part 1. General Provisions

7652          53G-8-101. Title.
7653          This chapter is known as "Discipline and Safety."
7654          Section 248. Section 53G-8-102 is enacted to read:
7655          53G-8-102. Definitions.
7656          Reserved
7657          Section 249. Section 53G-8-201 is enacted to read:
7658     
Part 2. School Discipline and Conduct Plans

7659          53G-8-201. Definitions.
7660          Reserved
7661          Section 250. Section 53G-8-202, which is renumbered from Section 53A-11-901 is
7662     renumbered and amended to read:
7663          [53A-11-901].      53G-8-202. Public school discipline policies -- Basis of the
7664     policies -- Enforcement.
7665          (1) The Legislature recognizes that every student in the public schools should have the
7666     opportunity to learn in an environment which is safe, conducive to the learning process, and
7667     free from unnecessary disruption.
7668          (2) (a) To foster such an environment, each local school board or governing board of a
7669     charter school, with input from school employees, parents and guardians of students, students,
7670     and the community at large, shall adopt conduct and discipline policies for the public schools
7671     in accordance with Section [53A-11-911] 53G-8-211.
7672          (b) A district or charter school shall base its policies on the principle that every student
7673     is expected:

7674          (i) to follow accepted rules of conduct; and
7675          (ii) to show respect for other people and to obey persons in authority at the school.
7676          (c) (i) On or before September 1, 2015, the State Board of Education shall revise the
7677     conduct and discipline policy models for elementary and secondary public schools to include
7678     procedures for responding to reports received through the School Safety and Crisis Line under
7679     Subsection [53A-11-1503] 53E-10-502(3).
7680          (ii) Each district or charter school shall use the models, where appropriate, in
7681     developing its conduct and discipline policies under this chapter.
7682          (d) The policies shall emphasize that certain behavior, most particularly behavior
7683     which disrupts, is unacceptable and may result in disciplinary action.
7684          (3) The local superintendent and designated employees of the district or charter school
7685     shall enforce the policies so that students demonstrating unacceptable behavior and their
7686     parents or guardians understand that such behavior will not be tolerated and will be dealt with
7687     in accordance with the district's conduct and discipline policies.
7688          Section 251. Section 53G-8-203, which is renumbered from Section 53A-11-902 is
7689     renumbered and amended to read:
7690          [53A-11-902].      53G-8-203. Conduct and discipline policies and procedures.
7691          (1) The conduct and discipline policies required under Section [53A-11-901]
7692     53G-8-202 shall include:
7693          [(1)] (a) provisions governing student conduct, safety, and welfare;
7694          [(2)] (b) standards and procedures for dealing with students who cause disruption in the
7695     classroom, on school grounds, on school vehicles, or in connection with school-related
7696     activities or events;
7697          [(3)] (c) procedures for the development of remedial discipline plans for students who
7698     cause a disruption at any of the places referred to in Subsection [(2)] (1)(b);
7699          [(4)] (d) procedures for the use of reasonable and necessary physical restraint in
7700     dealing with students posing a danger to themselves or others, consistent with Section
7701     [53A-11-802] 53G-8-302;

7702          [(5)] (e) standards and procedures for dealing with student conduct in locations other
7703     than those referred to in Subsection [(2)] (1)(b), if the conduct threatens harm or does harm to:
7704          [(a)] (i) the school;
7705          [(b)] (ii) school property;
7706          [(c)] (iii) a person associated with the school; or
7707          [(d)] (iv) property associated with a person described in Subsection [(5)(c)] (1)(e)(iii);
7708          [(6)] (f) procedures for the imposition of disciplinary sanctions, including suspension
7709     and expulsion;
7710          [(7)] (g) specific provisions, consistent with Section [53A-15-603] 53E-3-509, for
7711     preventing and responding to gang-related activities in the school, on school grounds, on
7712     school vehicles, or in connection with school-related activities or events;
7713          [(8)] (h) standards and procedures for dealing with habitual disruptive or unsafe
7714     student behavior in accordance with the provisions of this part; and
7715          [(9)] (i) procedures for responding to reports received through the School Safety and
7716     Crisis Line under Subsection [53A-11-1503] 53E-10-502(3).
7717          (2) (a) Each local school board shall establish a policy on detaining students after
7718     regular school hours as a part of the district-wide discipline plan required under Section
7719     53G-8-202.
7720          (b) (i) The policy described in Subsection (2)(a) shall apply to elementary school
7721     students, grades kindergarten through six.
7722          (ii) The board shall receive input from teachers, school administrators, and parents and
7723     guardians of the affected students before adopting the policy.
7724          (c) The policy described in Subsection (2)(a) shall provide for:
7725          (i) notice to the parent or guardian of a student prior to holding the student after school
7726     on a particular day; and
7727          (ii) exceptions to the notice provision if detention is necessary for the student's health
7728     or safety.
7729          Section 252. Section 53G-8-204, which is renumbered from Section 53A-11-903 is

7730     renumbered and amended to read:
7731          [53A-11-903].      53G-8-204. Suspension and expulsion procedures -- Notice to
7732     parents -- Distribution of policies.
7733          (1) (a) Policies required under this part shall include written procedures for the
7734     suspension and expulsion of, or denial of admission to, a student, consistent with due process
7735     and other provisions of law.
7736          (b) (i) The policies required in Subsection (1)(a) shall include a procedure directing
7737     public schools to notify the custodial parent and, if requested in writing by a noncustodial
7738     parent, the noncustodial parent of the suspension and expulsion of, or denial of admission to, a
7739     student.
7740          (ii) Subsection (1)(b)(i) does not apply to that portion of school records which would
7741     disclose any information protected under a court order.
7742          (iii) The custodial parent is responsible for providing to the school a certified copy of
7743     the court order under Subsection (1)(b)(ii) through a procedure adopted by the local school
7744     board or the governing board of a charter school.
7745          (2) (a) Each local school board or governing board of a charter school shall provide for
7746     the distribution of a copy of a school's discipline and conduct policy to each student upon
7747     enrollment in the school.
7748          (b) A copy of the policy shall be posted in a prominent location in each school.
7749          (c) Any significant change in a school's conduct and discipline policy shall be
7750     distributed to students in the school and posted in the school in a prominent location.
7751          Section 253. Section 53G-8-205, which is renumbered from Section 53A-11-904 is
7752     renumbered and amended to read:
7753          [53A-11-904].      53G-8-205. Grounds for suspension or expulsion from a
7754     public school.
7755          (1) A student may be suspended or expelled from a public school for any of the
7756     following reasons:
7757          (a) frequent or flagrant willful disobedience, defiance of proper authority, or disruptive

7758     behavior, including the use of foul, profane, vulgar, or abusive language;
7759          (b) willful destruction or defacing of school property;
7760          (c) behavior or threatened behavior which poses an immediate and significant threat to
7761     the welfare, safety, or morals of other students or school personnel or to the operation of the
7762     school;
7763          (d) possession, control, or use of an alcoholic beverage as defined in Section
7764     32B-1-102;
7765          (e) behavior proscribed under Subsection (2) which threatens harm or does harm to the
7766     school or school property, to a person associated with the school, or property associated with
7767     that person, regardless of where it occurs; or
7768          (f) possession or use of pornographic material on school property.
7769          (2) (a) A student shall be suspended or expelled from a public school for any of the
7770     following reasons:
7771          (i) any serious violation affecting another student or a staff member, or any serious
7772     violation occurring in a school building, in or on school property, or in conjunction with any
7773     school activity, including:
7774          (A) the possession, control, or actual or threatened use of a real weapon, explosive, or
7775     noxious or flammable material;
7776          (B) the actual or threatened use of a look alike weapon with intent to intimidate another
7777     person or to disrupt normal school activities; or
7778          (C) the sale, control, or distribution of a drug or controlled substance as defined in
7779     Section 58-37-2, an imitation controlled substance defined in Section 58-37b-2, or drug
7780     paraphernalia as defined in Section 58-37a-3; or
7781          (ii) the commission of an act involving the use of force or the threatened use of force
7782     which if committed by an adult would be a felony or class A misdemeanor.
7783          (b) A student who commits a violation of Subsection (2)(a) involving a real or look
7784     alike weapon, explosive, or flammable material shall be expelled from school for a period of
7785     not less than one year subject to the following:

7786          (i) within 45 days after the expulsion the student shall appear before the student's local
7787     school board superintendent, the superintendent's designee, chief administrative officer of a
7788     charter school, or the chief administrative officer's designee, accompanied by a parent or legal
7789     guardian; and
7790          (ii) the superintendent, chief administrator, or designee shall determine:
7791          (A) what conditions must be met by the student and the student's parent for the student
7792     to return to school;
7793          (B) if the student should be placed on probation in a regular or alternative school
7794     setting consistent with Section [53A-11-907] 53G-8-208, and what conditions must be met by
7795     the student in order to ensure the safety of students and faculty at the school the student is
7796     placed in; and
7797          (C) if it would be in the best interest of both the school district or charter school, and
7798     the student, to modify the expulsion term to less than a year, conditioned on approval by the
7799     local school board or governing board of a charter school and giving highest priority to
7800     providing a safe school environment for all students.
7801          (3) A student may be denied admission to a public school on the basis of having been
7802     expelled from that or any other school during the preceding 12 months.
7803          (4) A suspension or expulsion under this section is not subject to the age limitations
7804     under Subsection [53A-11-102] 53G-6-204(1).
7805          (5) Each local school board and governing board of a charter school shall prepare an
7806     annual report for the State Board of Education on:
7807          (a) each violation committed under this section; and
7808          (b) each action taken by the school district against a student who committed the
7809     violation.
7810          Section 254. Section 53G-8-206, which is renumbered from Section 53A-11-905 is
7811     renumbered and amended to read:
7812          [53A-11-905].      53G-8-206. Delegation of authority to suspend or expel a
7813     student -- Procedure for suspension -- Readmission.

7814          (1) (a) A local board of education may delegate to any school principal or assistant
7815     principal within the school district the power to suspend a student in the principal's school for
7816     up to 10 school days.
7817          (b) A governing board of a charter school may delegate to the chief administrative
7818     officer of the charter school the power to suspend a student in the charter school for up to 10
7819     school days.
7820          (2) The board may suspend a student for up to one school year or delegate that power
7821     to the district superintendent, the superintendent's designee, or chief administrative officer of a
7822     charter school.
7823          (3) The board may expel a student for a fixed or indefinite period, provided that the
7824     expulsion shall be reviewed by the district superintendent or the superintendent's designee and
7825     the conclusions reported to the board, at least once each year.
7826          (4) If a student is suspended, a designated school official shall notify the parent or
7827     guardian of the student of the following without delay:
7828          (a) that the student has been suspended;
7829          (b) the grounds for the suspension;
7830          (c) the period of time for which the student is suspended; and
7831          (d) the time and place for the parent or guardian to meet with a designated school
7832     official to review the suspension.
7833          (5) (a) A suspended student shall immediately leave the school building and the school
7834     grounds following a determination by the school of the best way to transfer custody of the
7835     student to the parent or guardian or other person authorized by the parent or applicable law to
7836     accept custody of the student.
7837          (b) Except as otherwise provided in Subsection (5)(c), a suspended student may not be
7838     readmitted to a public school until:
7839          (i) the student and the parent or guardian have met with a designated school official to
7840     review the suspension and agreed upon a plan to avoid recurrence of the problem; or
7841          (ii) in the discretion of the principal or chief administrative officer of a charter school,

7842     the parent or guardian of the suspended student and the student have agreed to participate in
7843     such a meeting.
7844          (c) A suspension may not extend beyond 10 school days unless the student and the
7845     student's parent or guardian have been given a reasonable opportunity to meet with a
7846     designated school official and respond to the allegations and proposed disciplinary action.
7847          Section 255. Section 53G-8-207, which is renumbered from Section 53A-11-906 is
7848     renumbered and amended to read:
7849          [53A-11-906].      53G-8-207. Alternatives to suspension or expulsion.
7850          (1) Each local school board or governing board of a charter school shall establish:
7851          (a) policies providing that prior to suspending or expelling a student for repeated acts
7852     of willful disobedience, defiance of authority, or disruptive behavior which are not of such a
7853     violent or extreme nature that immediate removal is required, good faith efforts shall be made
7854     to implement a remedial discipline plan that would allow the student to remain in school; and
7855          (b) alternatives to suspension, including policies that allow a student to remain in
7856     school under an in-school suspension program or under a program allowing the parent or
7857     guardian, with the consent of the student's teacher or teachers, to attend class with the student
7858     for a period of time specified by a designated school official.
7859          (2) If the parent or guardian does not agree or fails to attend class with the student, the
7860     student shall be suspended in accordance with the conduct and discipline policies of the district
7861     or the school.
7862          (3) The parent or guardian of a suspended student and the designated school official
7863     may enlist the cooperation of the Division of Child and Family Services, the juvenile court, or
7864     other appropriate state agencies, if necessary, in dealing with the student's suspension.
7865          (4) The state superintendent of public instruction, in cooperation with school districts
7866     and charter schools, shall:
7867          (a) research methods of motivating and providing incentives to students that:
7868          (i) directly and regularly reward or recognize appropriate behavior;
7869          (ii) impose immediate and direct consequences on students who fail to comply with

7870     district or school standards of conduct; and
7871          (iii) keep the students in school, or otherwise continue student learning with
7872     appropriate supervision or accountability;
7873          (b) explore funding resources to implement methods of motivating and providing
7874     incentives to students that meet the criteria specified in Subsection (4)(a);
7875          (c) evaluate the benefits and costs of methods of motivating and providing incentives
7876     to students that meet the criteria specified in Subsection (4)(a);
7877          (d) publish a report that incorporates the research findings, provides model plans with
7878     suggested resource pools, and makes recommendations for local school boards and school
7879     personnel;
7880          (e) submit the report described in Subsection (4)(d) to the Education Interim
7881     Committee; and
7882          (f) maintain data for purposes of accountability, later reporting, and future analysis.
7883          Section 256. Section 53G-8-208, which is renumbered from Section 53A-11-907 is
7884     renumbered and amended to read:
7885          [53A-11-907].      53G-8-208. Student suspended or expelled -- Responsibility
7886     of parent or guardian -- Application for students with disabilities.
7887          (1) If a student is suspended or expelled from a public school under this part for more
7888     than 10 school days, the parent or guardian is responsible for undertaking an alternative
7889     education plan which will ensure that the student's education continues during the period of
7890     suspension or expulsion.
7891          (2) (a) The parent or guardian shall work with designated school officials to determine
7892     how that responsibility might best be met through private education, an alternative program
7893     offered by or through the district or charter school, or other alternative which will reasonably
7894     meet the educational needs of the student.
7895          (b) The parent or guardian and designated school official may enlist the cooperation of
7896     the Division of Child and Family Services, the juvenile court, or other appropriate state
7897     agencies to meet the student's educational needs.

7898          (3) Costs for educational services which are not provided by the school district or
7899     charter school are the responsibility of the student's parent or guardian.
7900          (4) (a) Each school district or charter school shall maintain a record of all suspended or
7901     expelled students and a notation of the recorded suspension or expulsion shall be attached to
7902     the individual student's transcript.
7903          (b) The district or charter school shall contact the parent or guardian of each suspended
7904     or expelled student under the age of 16 at least once each month to determine the student's
7905     progress.
7906          (5) (a) This part applies to students with disabilities to the extent permissible under
7907     applicable law or regulation.
7908          (b) If application of any requirement of this part to a student with a disability is not
7909     permissible under applicable law or regulation, the responsible school authority shall
7910     implement other actions consistent with the conflicting law or regulation which shall most
7911     closely correspond to the requirements of this part.
7912          Section 257. Section 53G-8-209, which is renumbered from Section 53A-11-908 is
7913     renumbered and amended to read:
7914          [53A-11-908].      53G-8-209. Extracurricular activities -- Prohibited conduct
7915     -- Reporting of violations -- Limitation of liability.
7916          (1) The Legislature recognizes that:
7917          (a) participation in student government and extracurricular activities may confer
7918     important educational and lifetime benefits upon students, and encourages school districts and
7919     charter schools to provide a variety of opportunities for all students to participate in such
7920     activities in meaningful ways;
7921          (b) there is no constitutional right to participate in these types of activities, and does
7922     not through this section or any other provision of law create such a right;
7923          (c) students who participate in student government and extracurricular activities,
7924     particularly competitive athletics, and the adult coaches, advisors, and assistants who direct
7925     those activities, become role models for others in the school and community;

7926          (d) these individuals often play major roles in establishing standards of acceptable
7927     behavior in the school and community, and establishing and maintaining the reputation of the
7928     school and the level of community confidence and support afforded the school; and
7929          (e) it is of the utmost importance that those involved in student government, whether as
7930     officers or advisors, and those involved in competitive athletics and related activities, whether
7931     students or staff, comply with all applicable laws and rules of behavior and conduct themselves
7932     at all times in a manner befitting their positions and responsibilities.
7933          (2) (a) The State Board of Education may, and local boards of education and governing
7934     boards of charter schools shall, adopt rules implementing this section that apply to both
7935     students and staff.
7936          (b) The rules described in Subsection (2)(a) shall include prohibitions against the
7937     following types of conduct in accordance with Section [53A-11-911] 53G-8-211, while in the
7938     classroom, on school property, during school sponsored activities, or regardless of the location
7939     or circumstance, affecting a person or property described in Subsections [53A-11-902 (5)(a)
7940     through (d)] 53G-8-203(1)(e)(i) through (iv):
7941          (i) use of foul, abusive, or profane language while engaged in school related activities;
7942          (ii) illicit use, possession, or distribution of controlled substances or drug
7943     paraphernalia, and the use, possession, or distribution of an electronic cigarette as defined in
7944     Section 76-10-101, tobacco, or alcoholic beverages contrary to law; and
7945          (iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including
7946     behavior involving physical violence, restraint, improper touching, or inappropriate exposure
7947     of body parts not normally exposed in public settings, forced ingestion of any substance, or any
7948     act which would constitute a crime against a person or public order under Utah law.
7949          (3) (a) School employees who reasonably believe that a violation of this section may
7950     have occurred shall immediately report that belief to the school principal, district
7951     superintendent, or chief administrative officer of a charter school.
7952          (b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
7953     alleged incident, and actions taken in response, to the district superintendent or the

7954     superintendent's designee within 10 working days after receipt of the report.
7955          (c) Failure of a person holding a professional certificate to report as required under this
7956     Subsection (3) constitutes an unprofessional practice.
7957          (4) Limitations of liability set forth under Section [53A-11-1004] 53G-8-405 apply to
7958     this section.
7959          Section 258. Section 53G-8-210, which is renumbered from Section 53A-11-910 is
7960     renumbered and amended to read:
7961          [53A-11-910].      53G-8-210. Disruptive student behavior.
7962          (1) As used in this section:
7963          (a) "Disruptive student behavior" includes:
7964          (i) the grounds for suspension or expulsion described in Section [53A-11-904]
7965     53G-8-205; and
7966          (ii) the conduct described in Subsection [53A-11-908] 53G-8-209(2)(b).
7967          (b) "Parent" includes:
7968          (i) a custodial parent of a school-age minor;
7969          (ii) a legally appointed guardian of a school-age minor; or
7970          (iii) any other person purporting to exercise any authority over the minor which could
7971     be exercised by a person described in Subsection (1)(b)(i) or (ii).
7972          (c) "Qualifying minor" means a school-age minor who:
7973          (i) is at least nine years old; or
7974          (ii) turns nine years old at any time during the school year.
7975          (d) "School year" means the period of time designated by a local school board or local
7976     charter board as the school year for the school where the school-age minor is enrolled.
7977          (2) A local school board, school district, governing board of a charter school, or charter
7978     school may impose administrative penalties in accordance with Section [53A-11-911]
7979     53G-8-211 on a school-age minor who violates this part.
7980          (3) (a) A local school board or governing board of a charter school shall:
7981          (i) authorize a school administrator or a designee of a school administrator to issue

7982     notices of disruptive student behavior to qualifying minors; and
7983          (ii) establish a procedure for a qualifying minor, or a qualifying minor's parent, to
7984     contest a notice of disruptive student behavior.
7985          (b) A school representative shall provide to a parent of a school-age minor, a list of
7986     resources available to assist the parent in resolving the school-age minor's disruptive student
7987     behavior problem.
7988          (c) A local school board or governing board of a charter school shall establish
7989     procedures for a school counselor or other designated school representative to work with a
7990     qualifying minor who engages in disruptive student behavior in order to attempt to resolve the
7991     minor's disruptive student behavior problems.
7992          (4) The notice of disruptive student behavior described in Subsection (3)(a):
7993          (a) shall be issued to a qualifying minor who:
7994          (i) engages in disruptive student behavior, that does not result in suspension or
7995     expulsion, three times during the school year; or
7996          (ii) engages in disruptive student behavior, that results in suspension or expulsion, once
7997     during the school year;
7998          (b) shall require that the qualifying minor and a parent of the qualifying minor:
7999          (i) meet with school authorities to discuss the qualifying minor's disruptive student
8000     behavior; and
8001          (ii) cooperate with the local school board or governing board of a charter school in
8002     correcting the school-age minor's disruptive student behavior; and
8003          (c) shall be mailed by certified mail to, or served on, a parent of the qualifying minor.
8004          (5) A habitual disruptive student behavior notice:
8005          (a) may only be issued to a qualifying minor who:
8006          (i) engages in disruptive student behavior, that does not result in suspension or
8007     expulsion, at least six times during the school year;
8008          (ii) (A) engages in disruptive student behavior, that does not result in suspension or
8009     expulsion, at least three times during the school year; and

8010          (B) engages in disruptive student behavior, that results in suspension or expulsion, at
8011     least once during the school year; or
8012          (iii) engages in disruptive student behavior, that results in suspension or expulsion, at
8013     least twice during the school year; and
8014          (b) may only be issued by a school administrator, a designee of a school administrator,
8015     or a truancy specialist, who is authorized by a local school board or governing board of a local
8016     charter school to issue a habitual disruptive student behavior notice.
8017          (6) (a) A qualifying minor to whom a habitual disruptive student behavior notice is
8018     issued under Subsection (5) may not be referred to the juvenile court.
8019          (b) Within five days after the day on which a habitual disruptive student behavior
8020     notice is issued, a representative of the school district or charter school shall provide
8021     documentation, to a parent of the qualifying minor who receives the notice, of the efforts made
8022     by a school counselor or representative under Subsection (3)(c).
8023          Section 259. Section 53G-8-211, which is renumbered from Section 53A-11-911 is
8024     renumbered and amended to read:
8025          [53A-11-911].      53G-8-211. Responses to school-based behavior.
8026          (1) As used in this section:
8027          (a) "Class A misdemeanor person offense" means a class A misdemeanor described in
8028     Title 76, Chapter 5, Offenses Against the Person, or Title 76, Chapter 5b, Sexual Exploitation
8029     Act.
8030          (b) "Mobile crisis outreach team" means the same as that term is defined in Section
8031     78A-6-105.
8032          (c) "Nonperson class A misdemeanor" means a class A misdemeanor that is not a class
8033     A misdemeanor person offense.
8034          (d) "Restorative justice program" means a school-based program that is designed to
8035     enhance school safety, reduce school suspensions, and limit referrals to court, and is designed
8036     to help minors take responsibility for and repair the harm of behavior that occurs in school.
8037          (2) This section applies to a minor enrolled in school who is alleged to have committed

8038     an offense:
8039          (a) on school property; or
8040          (b) that is truancy.
8041          (3) If the alleged offense is a class C misdemeanor, an infraction, a status offense on
8042     school property, or truancy, the minor may not be referred to law enforcement or court but may
8043     be referred to alternative school-related interventions, including:
8044          (a) a mobile crisis outreach team, as defined in Section 78A-6-105;
8045          (b) a receiving center operated by the Division of Juvenile Justice Services in
8046     accordance with Section 62A-7-104; and
8047          (c) a youth court or comparable restorative justice program.
8048          (4) If the alleged offense is a class B misdemeanor or a nonperson class A
8049     misdemeanor, the minor may be referred directly to the juvenile court by the school
8050     administrator or the school administrator's designee, or the minor may be referred to the
8051     alternative interventions in Subsection (3).
8052          Section 260. Section 53G-8-212, which is renumbered from Section 53A-11-806 is
8053     renumbered and amended to read:
8054          [53A-11-806].      53G-8-212. Defacing or damaging school property --
8055     Student's liability -- Work program alternative.
8056          (1) A student who willfully defaces or otherwise damages any school property may be
8057     suspended or otherwise disciplined.
8058          (2) (a) If a school's property has been lost or willfully cut, defaced, or otherwise
8059     damaged, the school may withhold the issuance of an official written grade report, diploma, or
8060     transcript of the student responsible for the damage or loss until the student or the student's
8061     parent or guardian has paid for the damages.
8062          (b) The student's parent or guardian is liable for damages as otherwise provided i