1     
EDUCATION CODE MODIFICATIONS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ann Millner

5     
House Sponsor: Val L. Peterson

6     

7     LONG TITLE
8     General Description:
9          This bill makes technical corrections to the public education code.
10     Highlighted Provisions:
11          This bill:
12          ▸     makes technical corrections to the public education code.
13     Money Appropriated in this Bill:
14          None
15     Other Special Clauses:
16          This bill provides a coordination clause.
17     Utah Code Sections Affected:
18     AMENDS:
19          53G-7-1202, as renumbered and amended by Laws of Utah 2018, Chapter 3
20          63I-1-253, as last amended by Laws of Utah 2017, Chapters 166 and 181
21          63I-2-253, as last amended by Laws of Utah 2017, Chapters 217, 223, 350, 365, 381,
22     386, and 468
23     RENUMBERS AND AMENDS:
24          53F-2-519, (Renumbered from 53F-2-406, as renumbered and amended by Laws of
25     Utah 2018, Chapter 2)
26     Utah Code Sections Affected by Coordination Clause:
27          53F-2-414, Utah Code Annotated 1953
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 53F-2-519, which is renumbered from Section 53F-2-406 is
31     renumbered and amended to read:
32          [53F-2-406].      53F-2-519. Appropriation for school nurses.
33          The State Board of Education shall distribute money appropriated for school nurses to
34     award grants to school districts and charter schools that:
35          (1) provide an equal amount of matching funds; and
36          (2) do not supplant other money used for school nurses.
37          Section 2. Section 53G-7-1202 is amended to read:
38          53G-7-1202. School community councils -- Duties -- Composition -- Election
39     procedures and selection of members.
40          (1) As used in this section:
41          (a) "Digital citizenship" means the norms of appropriate, responsible, and healthy
42     behavior related to technology use, including digital literacy, ethics, etiquette, and security.
43          (b) "District school" means a public school under the control of a local school board
44     elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
45     Boards.
46          (c) "Educator" means the same as that term is defined in Section 53E-6-102.
47          (d) (i) "Parent or guardian member" means a member of a school community council
48     who is a parent or guardian of a student who:
49          (A) is attending the school; or
50          (B) will be enrolled at the school during the parent's or guardian's term of office.
51          (ii) "Parent or guardian member" may not include an educator who is employed at the
52     school.
53          (e) "School community council" means a council established at a district school in
54     accordance with this section.
55          (f) "School employee member" means a member of a school community council who is
56     a person employed at the school by the school or school district, including the principal.
57          (g) "School LAND Trust Program money" means money allocated to a school pursuant
58     to Section 53F-2-404.
59          (2) A district school, in consultation with the district school's local school board, shall
60     establish a school community council at the school building level for the purpose of:
61          (a) involving parents or guardians of students in decision making at the school level;
62          (b) improving the education of students;
63          (c) prudently expending School LAND Trust Program money for the improvement of
64     students' education through collaboration among parents and guardians, school employees, and
65     the local school board; and
66          (d) increasing public awareness of:
67          (i) school trust lands and related land policies;
68          (ii) management of the State School Fund established in Utah Constitution Article X,
69     Section V; and
70          (iii) educational excellence.
71          (3) (a) Except as provided in Subsection (3)(b), a school community council shall:
72          (i) create a school improvement plan in accordance with Section 53G-7-1204;
73          (ii) create the School LAND Trust Program in accordance with Section 53F-2-404;
74          (iii) advise and make recommendations to school and school district administrators and
75     the local school board regarding:
76          (A) the school and its programs;
77          (B) school district programs;
78          (C) a child access routing plan in accordance with Section 53G-4-402;
79          (D) safe technology utilization and digital citizenship; and
80          (E) other issues relating to the community environment for students;
81          (iv) provide for education and awareness on safe technology utilization and digital
82     citizenship that empowers:
83          (A) a student to make smart media and online choices; and
84          (B) a parent or guardian to know how to discuss safe technology use with the parent's
85     or guardian's child; and
86          (v) partner with the school's principal and other administrators to ensure that adequate
87     on and off campus Internet filtering is installed and consistently configured to prevent viewing
88     of harmful content by students and school personnel, in accordance with local school board
89     policy and Subsection 53G-7-216(3).
90          (b) To fulfill the school community council's duties described in Subsections (3)(a)(iv)
91     and (v), a school community council may:
92          (i) partner with one or more non-profit organizations; or
93          (ii) create a subcommittee.
94          (c) A school or school district administrator may not prohibit or discourage a school
95     community council from discussing issues, or offering advice or recommendations, regarding
96     the school and its programs, school district programs, the curriculum, or the community
97     environment for students.
98          (4) (a) Each school community council shall consist of school employee members and
99     parent or guardian members in accordance with this section.
100          (b) Except as provided in Subsection (4)(c) or (d):
101          (i) each school community council for a high school shall have six parent or guardian
102     members and four school employee members, including the principal; and
103          (ii) each school community council for a school other than a high school shall have
104     four parent or guardian members and two school employee members, including the principal.
105          (c) A school community council may determine the size of the school community
106     council by a majority vote of a quorum of the school community council provided that:
107          (i) the membership includes two or more parent or guardian members than the number
108     of school employee members; and
109          (ii) there are at least two school employee members on the school community council.
110          (d) (i) The number of parent or guardian members of a school community council who
111     are not educators employed by the school district shall exceed the number of parent or guardian
112     members who are educators employed by the school district.
113          (ii) If, after an election, the number of parent or guardian members who are not
114     educators employed by the school district does not exceed the number of parent or guardian
115     members who are educators employed by the school district, the parent or guardian members of
116     the school community council shall appoint one or more parent or guardian members to the
117     school community council so that the number of parent or guardian members who are not
118     educators employed by the school district exceeds the number of parent or guardian members
119     who are educators employed by the school district.
120          (5) (a) Except as provided in Subsection (5)(f), a school employee member, other than
121     the principal, shall be elected by secret ballot by a majority vote of the school employees and
122     serve a two-year term. The principal shall serve as an ex officio member with full voting
123     privileges.
124          (b) (i) Except as provided in Subsection (5)(f), a parent or guardian member shall be
125     elected by secret ballot at an election held at the school by a majority vote of those voting at the
126     election and serve a two-year term.
127          (ii) (A) Except as provided in Subsection (5)(b)(ii)(B), only a parent or guardian of a
128     student attending the school may vote in, or run as a candidate in, the election under Subsection
129     (5)(b)(i).
130          (B) If an election is held in the spring, a parent or guardian of a student who will be
131     attending the school the following school year may vote in, and run as a candidate in, the
132     election under Subsection (5)(b)(i).
133          (iii) Any parent or guardian of a student who meets the qualifications of this section
134     may file or declare the parent's or guardian's candidacy for election to a school community
135     council.
136          (iv) (A) Subject to Subsections (5)(b)(iv)(B) and (5)(b)(iv)(C), a timeline for the
137     election of parent or guardian members of a school community council shall be established by
138     a local school board for the schools within the school district.
139          (B) An election for the parent or guardian members of a school community council
140     shall be held near the beginning of the school year or held in the spring and completed before
141     the last week of school.
142          (C) Each school shall establish a time period for the election of parent or guardian
143     members of a school community council under Subsection (5)(b)(iv)(B) that is consistent for at
144     least a four-year period.
145          (c) (i) At least 10 days before the date that voting commences for the elections held
146     under Subsections (5)(a) and (5)(b), the principal of the school, or the principal's designee,
147     shall provide notice to each school employee, parent, or guardian, of the opportunity to vote in,
148     and run as a candidate in, an election under this Subsection (5).
149          (ii) The notice shall include:
150          (A) the dates and times of the elections;
151          (B) a list of council positions that are up for election; and
152          (C) instructions for becoming a candidate for a community council position.
153          (iii) The principal of the school, or the principal's designee, shall oversee the elections
154     held under Subsections (5)(a) and (5)(b).
155          (iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a
156     secure ballot box.
157          (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
158     available to the public upon request.
159          (e) (i) If a parent or guardian position on a school community council remains unfilled
160     after an election is held, the other parent or guardian members of the council shall appoint a
161     parent or guardian who meets the qualifications of this section to fill the position.
162          (ii) If a school employee position on a school community council remains unfilled after
163     an election is held, the other school employee members of the council shall appoint a school
164     employee to fill the position.
165          (iii) A member appointed to a school community council under Subsection (5)(e)(i) or
166     (ii) shall serve a two-year term.
167          (f) (i) If the number of candidates who file for a parent or guardian position or school
168     employee position on a school community council is less than or equal to the number of open
169     positions, an election is not required.
170          (ii) If an election is not held pursuant to Subsection (5)(f)(i) and a parent or guardian
171     position remains unfilled, the other parent or guardian members of the council shall appoint a
172     parent or guardian who meets the qualifications of this section to fill the position.
173          (iii) If an election is not held pursuant to Subsection (5)(f)(i) and a school employee
174     position remains unfilled, the other school employee members of the council shall appoint a
175     school employee who meets the qualifications of this section to fill the position.
176          (g) The principal shall enter the names of the council members on the School LAND
177     Trust website on or before October 20 of each year, pursuant to Section 53G-7-1203.
178          (h) Terms shall be staggered so that approximately half of the council members stand
179     for election each year.
180          (i) A school community council member may serve successive terms provided the
181     member continues to meet the definition of a parent or guardian member or school employee
182     member as specified in Subsection (1).
183          (j) Each school community council shall elect:
184          (i) a chair from its parent or guardian members; and
185          (ii) a vice chair from either its parent or guardian members or school employee
186     members, excluding the principal.
187          (6) (a) A school community council may create subcommittees or task forces to:
188          (i) advise or make recommendations to the council; or
189          (ii) develop all or part of a plan listed in Subsection (3).
190          (b) Any plan or part of a plan developed by a subcommittee or task force shall be
191     subject to the approval of the school community council.
192          (c) A school community council may appoint individuals who are not council members
193     to serve on a subcommittee or task force, including parents or guardians, school employees, or
194     other community members.
195          (7) (a) A majority of the members of a school community council is a quorum for the
196     transaction of business.
197          (b) The action of a majority of the members of a quorum is the action of the school
198     community council.
199          (8) A local school board shall provide training for a school community council each
200     year, including training:
201          (a) for the chair and vice chair about their responsibilities;
202          (b) on resources available on the School LAND Trust website; and
203          (c) on the following statutes governing school community councils:
204          (i) this section;
205          (ii) Section 53F-2-404;
206          [(i) Section 53G-7-1202;]
207          [(ii)] (iii) Section 53G-7-1203; and
208          [(iii)] (iv) Section 53G-7-1204[; and].
209          [(iv) Section 53F-2-404.]
210          Section 3. Section 63I-1-253 is amended to read:
211          63I-1-253. Repeal dates, Titles 53 through 53G.
212          The following provisions are repealed on the following dates:
213          (1) Subsection 53-10-202(18) is repealed July 1, 2018.
214          (2) Section 53-10-202.1 is repealed July 1, 2018.
215          [(3) Title 53A, Chapter 1a, Part 6, Public Education Job Enhancement Program, is
216     repealed July 1, 2020.]
217          [(4) Section 53A-13-106.5 is repealed July 1, 2019.]
218          [(5) Section 53A-15-106 is repealed July 1, 2019.]
219          [(6) Sections 53A-15-206 and 53A-15-207 are repealed January 1, 2023.]
220          [(7) Title 53A, Chapter 31, Part 4, American Indian and Alaskan Native Education
221     State Plan Pilot Program, is repealed July 1, 2022.]
222          [(8)] (3) Section 53B-24-402, Rural residency training program, is repealed July 1,
223     2020.
224          [(9)] (4) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
225     from the Land Exchange Distribution Account to the Geological Survey for test wells, other
226     hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1, 2020.
227          (5) Section 53E-3-515 is repealed January 1, 2023.
228          (6) Section 53F-2-514 is repealed July 1, 2020.
229          (7) Section 53F-5-203 is repealed July 1, 2019.
230          (8) Title 53F, Chapter 5, Part 6, American Indian and Alaskan Native Education State
231     Plan Pilot Program, is repealed July 1, 2022.
232          (9) Section 53F-6-201 is repealed July 1, 2019.
233          (10) Section 53F-9-501 is repealed January 1, 2023.
234          Section 4. Section 63I-2-253 is amended to read:
235          63I-2-253. Repeal dates -- Titles 53 through 53G.
236          [(1) Section 53A-1-403.5 is repealed July 1, 2017.]
237          [(2) Section 53A-1-411 is repealed July 1, 2017.]
238          [(3) Section 53A-1-415 is repealed July 1, 2019.]
239          [(4) Section 53A-1-709 is repealed July 1, 2020.]
240          [(5) Subsection 53A-1-1207(3)(b)(ii)(B) is repealed July 1, 2020.]
241          [(6) Section 53A-1-1208 is repealed July 1, 2020.]
242          [(7) Subsection 53A-1a-513(4) is repealed July 1, 2017.]
243          [(8) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
244     repealed July 1, 2017.]
245          [(9) Section 53A-24-601 is repealed January 1, 2018.]
246          [(10)] (1) Section 53A-24-602 is repealed July 1, 2018.
247          [(11)] (2) (a) Subsections 53B-2a-103(2) and (4) are repealed July 1, 2019.
248          (b) When repealing Subsections 53B-2a-103(2) and (4), the Office of Legislative
249     Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
250     make necessary changes to subsection numbering and cross references.
251          [(12) Subsections 53B-7-101(2)(b)(iii)(A) and (3) are repealed January 1, 2018.]
252          [(13)] (3) Subsection 53B-7-705(6)(b)(ii)(B) is repealed July 1, 2021.
253          [(14)] (4) Subsection 53B-7-707(4)(b) is repealed July 1, 2021.
254          [(15)] (5) (a) The following sections are repealed on July 1, 2023:
255          (i) Section 53B-8-202;
256          (ii) Section 53B-8-203;
257          (iii) Section 53B-8-204; and
258          (iv) Section 53B-8-205.
259          (b) (i) Subsection 53B-8-201(2) is repealed on July 1, 2023.
260          (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
261     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
262     necessary changes to subsection numbering and cross references.
263          [(16)] (6) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
264     repealed July 1, 2023.
265          (7) Subsection 53E-5-306(3)(b)(ii)(B) is repealed July 1, 2020.
266          (8) Subsection 53E-5-307 is repealed July 1, 2020.
267          (9) Subsection 53F-4-204 is repealed July 1, 2019.
268          (10) Section 53F-6-202 is repealed July 1, 2020.
269          Section 5. Coordinating S.B. 179 with H.B. 230 -- Technical amendment.
270          If this S.B. 179 and H.B. 230, Related to Basic School Programs Review, both pass and
271     become law, it is the intent of the Legislature that the Office of Legislative Research and
272     General Counsel, in preparing the Utah Code database for publication, modify the reference in
273     Subsection 53F-2-414(3)(s) from "Section 53F-2-406" to "Section 53F-2-519".