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     Committee Note:
10          The Education Interim Committee recommended this bill.
11     General Description:
12           This bill reorganizes and renumbers certain provisions of the public education code
13     related to local administration of the public education system.
14     Highlighted Provisions:
15          This bill:
16          ▸     reorganizes and renumbers certain provisions of the public education code related to
17     local administration of the public education system;
18          ▸     defines terms;
19          ▸     enacts provisions related to public education for organizational purposes;
20          ▸     reenacts provisions related to public education for organizational purposes;
21          ▸     repeals provisions related to public education for organizational purposes; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          This bill provides a special effective date.
27          This bill provides revisor instructions.

28     Utah Code Sections Affected:
29     ENACTS:
30          53B-1-115, Utah Code Annotated 1953
31          53G-1-101, Utah Code Annotated 1953
32          53G-1-102, Utah Code Annotated 1953
33          53G-1-103, Utah Code Annotated 1953
34          53G-2-101, Utah Code Annotated 1953
35          53G-2-102, Utah Code Annotated 1953
36          53G-3-101, Utah Code Annotated 1953
37          53G-4-101, Utah Code Annotated 1953
38          53G-4-102, Utah Code Annotated 1953
39          53G-4-501, Utah Code Annotated 1953
40          53G-4-601, Utah Code Annotated 1953
41          53G-4-701, Utah Code Annotated 1953
42          53G-4-1001, Utah Code Annotated 1953
43          53G-5-101, Utah Code Annotated 1953
44          53G-5-103, Utah Code Annotated 1953
45          53G-5-411, Utah Code Annotated 1953
46          53G-5-412, Utah Code Annotated 1953
47          53G-5-413, Utah Code Annotated 1953
48          53G-6-101, Utah Code Annotated 1953
49          53G-6-102, Utah Code Annotated 1953
50          53G-6-301, Utah Code Annotated 1953
51          53G-6-501, Utah Code Annotated 1953
52          53G-6-701, Utah Code Annotated 1953
53          53G-7-101, Utah Code Annotated 1953
54          53G-7-102, Utah Code Annotated 1953
55          53G-7-201, Utah Code Annotated 1953
56          53G-7-202, Utah Code Annotated 1953
57          53G-7-301, Utah Code Annotated 1953
58          53G-7-501, Utah Code Annotated 1953

59          53G-7-1001, Utah Code Annotated 1953
60          53G-7-1201, Utah Code Annotated 1953
61          53G-8-101, Utah Code Annotated 1953
62          53G-8-102, Utah Code Annotated 1953
63          53G-8-201, Utah Code Annotated 1953
64          53G-8-401, Utah Code Annotated 1953
65          53G-8-601, Utah Code Annotated 1953
66          53G-9-101, Utah Code Annotated 1953
67          53G-9-102, Utah Code Annotated 1953
68          53G-9-201, Utah Code Annotated 1953
69          53G-9-401, Utah Code Annotated 1953
70          53G-9-501, Utah Code Annotated 1953
71          53G-9-701, Utah Code Annotated 1953
72          53G-10-101, Utah Code Annotated 1953
73          53G-10-102, Utah Code Annotated 1953
74          53G-10-201, Utah Code Annotated 1953
75          53G-10-301, Utah Code Annotated 1953
76          53G-10-305, Utah Code Annotated 1953
77          53G-10-401, Utah Code Annotated 1953
78          53G-10-403, Utah Code Annotated 1953
79          53G-10-501, Utah Code Annotated 1953
80          53G-11-101, Utah Code Annotated 1953
81          53G-11-102, Utah Code Annotated 1953
82          53G-11-201, Utah Code Annotated 1953
83          53G-11-301, Utah Code Annotated 1953
84          53G-11-502, Utah Code Annotated 1953
85     RENUMBERS AND AMENDS:
86          11-36a-206, (Renumbered from 53A-20-100.5, as enacted by Laws of Utah 1995,
87     Chapter 283)
88          53G-3-102, (Renumbered from 53A-2-112, as enacted by Laws of Utah 1988, Chapter
89     49)

90          53G-3-103, (Renumbered from 53A-2-111, as enacted by Laws of Utah 1988, Chapter
91     49)
92          53G-3-201, (Renumbered from 53A-2-101, as enacted by Laws of Utah 1988, Chapter
93     2)
94          53G-3-202, (Renumbered from 53A-2-108, as last amended by Laws of Utah 2000,
95     Chapter 185)
96          53G-3-203, (Renumbered from 53A-2-101.5, as last amended by Laws of Utah 2009,
97     Chapter 350)
98          53G-3-204, (Renumbered from 53A-2-123, as last amended by Laws of Utah 2013,
99     Chapter 445)
100          53G-3-205, (Renumbered from 53A-2-116, as enacted by Laws of Utah 1988, Chapter
101     49)
102          53G-3-301, (Renumbered from 53A-2-118, as last amended by Laws of Utah 2017,
103     Chapter 91)
104          53G-3-302, (Renumbered from 53A-2-118.1, as last amended by Laws of Utah 2017,
105     Chapter 91)
106          53G-3-303, (Renumbered from 53A-2-118.2, as last amended by Laws of Utah 2011,
107     Chapter 371)
108          53G-3-304, (Renumbered from 53A-2-118.4, as last amended by Laws of Utah 2015,
109     Chapter 428)
110          53G-3-305, (Renumbered from 53A-2-119, as last amended by Laws of Utah 2010,
111     Chapter 230)
112          53G-3-306, (Renumbered from 53A-2-120, as last amended by Laws of Utah 2011,
113     Chapter 295)
114          53G-3-307, (Renumbered from 53A-2-121, as last amended by Laws of Utah 2011,
115     Chapter 295)
116          53G-3-308, (Renumbered from 53A-2-122, as last amended by Laws of Utah 2006,
117     Chapter 183)
118          53G-3-401, (Renumbered from 53A-2-102, as last amended by Laws of Utah 1993,
119     Chapter 227)
120          53G-3-402, (Renumbered from 53A-2-103, as last amended by Laws of Utah 2008,

121     Chapter 236)
122          53G-3-403, (Renumbered from 53A-2-113, as last amended by Laws of Utah 1993,
123     Chapter 4)
124          53G-3-404, (Renumbered from 53A-2-114, as last amended by Laws of Utah 2011,
125     Chapter 371)
126          53G-3-501, (Renumbered from 53A-2-104, as last amended by Laws of Utah 2007,
127     Chapter 215)
128          53G-3-502, (Renumbered from 53A-2-105, as last amended by Laws of Utah 2007,
129     Chapter 215)
130          53G-3-503, (Renumbered from 53A-2-115, as last amended by Laws of Utah 2011,
131     Chapter 371)
132          53G-4-201, (Renumbered from 53A-3-101, as repealed and reenacted by Laws of Utah
133     1995, Chapter 1)
134          53G-4-202, (Renumbered from 53A-3-106, as last amended by Laws of Utah 2015,
135     Chapters 60 and 196)
136          53G-4-203, (Renumbered from 53A-3-201, as last amended by Laws of Utah 2005,
137     Chapter 172)
138          53G-4-204, (Renumbered from 53A-3-202, as last amended by Laws of Utah 2010,
139     Chapter 90)
140          53G-4-205, (Renumbered from 53A-3-204, as last amended by Laws of Utah 2011,
141     Chapter 366)
142          53G-4-301, (Renumbered from 53A-3-301, as last amended by Laws of Utah 2011,
143     Chapters 209 and 322)
144          53G-4-302, (Renumbered from 53A-3-302, as last amended by Laws of Utah 2012,
145     Chapter 46)
146          53G-4-303, (Renumbered from 53A-3-303, as last amended by Laws of Utah 2008,
147     Chapter 382)
148          53G-4-304, (Renumbered from 53A-3-304, as last amended by Laws of Utah 2011,
149     Chapter 336)
150          53G-4-401, (Renumbered from 53A-3-401, as last amended by Laws of Utah 2014,
151     Chapter 336)

152          53G-4-402, (Renumbered from 53A-3-402, as last amended by Laws of Utah 2017,
153     Chapters 278 and 330)
154          53G-4-403, (Renumbered from 53A-3-403, as last amended by Laws of Utah 2017,
155     Chapter 372)
156          53G-4-404, (Renumbered from 53A-3-404, as last amended by Laws of Utah 2004,
157     Chapter 206)
158          53G-4-405, (Renumbered from 53A-3-405, as enacted by Laws of Utah 1988, Chapter
159     2)
160          53G-4-406, (Renumbered from 53A-3-406, as enacted by Laws of Utah 1988, Chapter
161     2)
162          53G-4-407, (Renumbered from 53A-3-408, as enacted by Laws of Utah 1988, Chapter
163     2)
164          53G-4-408, (Renumbered from 53A-3-412, as enacted by Laws of Utah 1988, Chapter
165     2)
166          53G-4-409, (Renumbered from 53A-3-420, as last amended by Laws of Utah 2010,
167     Chapter 305)
168          53G-4-410, (Renumbered from 53A-3-429, as last amended by Laws of Utah 2014,
169     Chapter 63)
170          53G-4-411, (Renumbered from 53A-3-432, as enacted by Laws of Utah 2015, Chapter
171     300 and last amended by Coordination Clause, Laws of Utah 2015, Chapter 300)
172          53G-4-502, (Renumbered from 53A-5-101, as last amended by Laws of Utah 1990,
173     Chapter 78)
174          53G-4-503, (Renumbered from 53A-5-102, as enacted by Laws of Utah 1988, Chapter
175     2)
176          53G-4-504, (Renumbered from 53A-5-103, as enacted by Laws of Utah 1988, Chapter
177     2)
178          53G-4-602, (Renumbered from 53A-18-101, as last amended by Laws of Utah 2005,
179     Chapter 105)
180          53G-4-603, (Renumbered from 53A-18-102, as last amended by Laws of Utah 2014,
181     Chapter 325)
182          53G-4-604, (Renumbered from 53A-18-103, as enacted by Laws of Utah 1988, Chapter

183     2)
184          53G-4-605, (Renumbered from 53A-18-104, as last amended by Laws of Utah 2009,
185     Chapter 388)
186          53G-4-606, (Renumbered from 53A-18-105, as enacted by Laws of Utah 1988, Chapter
187     2)
188          53G-4-607, (Renumbered from 53A-18-106, as last amended by Laws of Utah 1993,
189     Chapter 227)
190          53G-4-608, (Renumbered from 53A-18-107, as enacted by Laws of Utah 2013, Chapter
191     356)
192          53G-4-702, (Renumbered from 53A-23-101, as enacted by Laws of Utah 1988, Chapter
193     2)
194          53G-4-703, (Renumbered from 53A-23-102, as enacted by Laws of Utah 1988, Chapter
195     2)
196          53G-4-704, (Renumbered from 53A-23-103, as enacted by Laws of Utah 1988, Chapter
197     2)
198          53G-4-705, (Renumbered from 53A-23-104, as enacted by Laws of Utah 1988, Chapter
199     2)
200          53G-4-801, (Renumbered from 53A-28-102, as enacted by Laws of Utah 1996, Chapter
201     62)
202          53G-4-802, (Renumbered from 53A-28-201, as enacted by Laws of Utah 1996, Chapter
203     62)
204          53G-4-803, (Renumbered from 53A-28-202, as enacted by Laws of Utah 1996, Chapter
205     62)
206          53G-4-804, (Renumbered from 53A-28-203, as last amended by Laws of Utah 2003,
207     Chapter 221)
208          53G-4-805, (Renumbered from 53A-28-301, as last amended by Laws of Utah 2011,
209     Chapter 342)
210          53G-4-806, (Renumbered from 53A-28-302, as last amended by Laws of Utah 2011,
211     Chapter 342)
212          53G-4-807, (Renumbered from 53A-28-401, as last amended by Laws of Utah 2011,
213     Chapter 342)

214          53G-4-808, (Renumbered from 53A-28-402, as last amended by Laws of Utah 2011,
215     Chapter 342)
216          53G-4-901, (Renumbered from 53A-2-402, as last amended by Laws of Utah 2015,
217     Chapter 352)
218          53G-4-902, (Renumbered from 53A-2-403, as last amended by Laws of Utah 2012,
219     Chapter 104)
220          53G-4-903, (Renumbered from 53A-2-404, as enacted by Laws of Utah 2006, Chapter
221     339)
222          53G-4-1001.5, (Renumbered from 53A-22-101, as enacted by Laws of Utah 1988,
223     Chapter 2)
224          53G-4-1002, (Renumbered from 53A-22-102, as enacted by Laws of Utah 1988,
225     Chapter 2)
226          53G-4-1003, (Renumbered from 53A-22-103, as enacted by Laws of Utah 1988,
227     Chapter 2)
228          53G-4-1004, (Renumbered from 53A-22-104, as enacted by Laws of Utah 1988,
229     Chapter 2)
230          53G-4-1005, (Renumbered from 53A-22-105, as enacted by Laws of Utah 1988,
231     Chapter 2)
232          53G-4-1006, (Renumbered from 53A-22-106, as enacted by Laws of Utah 1988,
233     Chapter 2)
234          53G-5-102, (Renumbered from 53A-1a-501.3, as last amended by Laws of Utah 2017,
235     Chapter 382)
236          53G-5-104, (Renumbered from 53A-1a-503, as last amended by Laws of Utah 2008,
237     Chapter 319)
238          53G-5-201, (Renumbered from 53A-1a-501.5, as last amended by Laws of Utah 2011,
239     Chapter 429)
240          53G-5-202, (Renumbered from 53A-1a-501.6, as last amended by Laws of Utah 2014,
241     Chapter 363)
242          53G-5-203, (Renumbered from 53A-1a-501.7, as last amended by Laws of Utah 2016,
243     Chapters 144 and 271)
244          53G-5-204, (Renumbered from 53A-1a-507.1, as enacted by Laws of Utah 2005,

245     Chapter 74)
246          53G-5-301, (Renumbered from 53A-1a-501.9, as enacted by Laws of Utah 2013,
247     Chapter 376)
248          53G-5-302, (Renumbered from 53A-1a-504, as last amended by Laws of Utah 2017,
249     Chapters 325 and 378)
250          53G-5-303, (Renumbered from 53A-1a-508, as last amended by Laws of Utah 2017,
251     Chapter 212)
252          53G-5-304, (Renumbered from 53A-1a-505, as last amended by Laws of Utah 2014,
253     Chapter 363)
254          53G-5-305, (Renumbered from 53A-1a-515, as last amended by Laws of Utah 2014,
255     Chapter 363)
256          53G-5-306, (Renumbered from 53A-1a-521, as last amended by Laws of Utah 2017,
257     Chapter 382)
258          53G-5-401, (Renumbered from 53A-1a-503.5, as last amended by Laws of Utah 2016,
259     Chapter 232)
260          53G-5-402, (Renumbered from 53A-1a-523, as enacted by Laws of Utah 2011, Chapter
261     436)
262          53G-5-403, (Renumbered from 53A-1a-517, as last amended by Laws of Utah 2014,
263     Chapter 363)
264          53G-5-404, (Renumbered from 53A-1a-507, as last amended by Laws of Utah 2014,
265     Chapter 363)
266          53G-5-405, (Renumbered from 53A-1a-511, as last amended by Laws of Utah 2016,
267     Chapters 355 and 363)
268          53G-5-406, (Renumbered from 53A-1a-520, as last amended by Laws of Utah 2014,
269     Chapter 363)
270          53G-5-407, (Renumbered from 53A-1a-512, as last amended by Laws of Utah 2014,
271     Chapter 363)
272          53G-5-408, (Renumbered from 53A-1a-512.5, as last amended by Laws of Utah 2015,
273     Chapter 389)
274          53G-5-409, (Renumbered from 53A-1a-518, as last amended by Laws of Utah 2010,
275     Chapter 162)

276          53G-5-410, (Renumbered from 53A-1a-524, as last amended by Laws of Utah 2016,
277     Chapter 220)
278          53G-5-501, (Renumbered from 53A-1a-509, as last amended by Laws of Utah 2014,
279     Chapter 363)
280          53G-5-502, (Renumbered from 53A-1a-509.5, as last amended by Laws of Utah 2016,
281     Chapter 363)
282          53G-5-503, (Renumbered from 53A-1a-510, as last amended by Laws of Utah 2017,
283     Chapter 378)
284          53G-5-504, (Renumbered from 53A-1a-510.5, as last amended by Laws of Utah 2016,
285     Chapter 213)
286          53G-5-505, (Renumbered from 53A-1a-514, as last amended by Laws of Utah 2014,
287     Chapter 363)
288          53G-5-601, (Renumbered from 53A-20b-102, as last amended by Laws of Utah 2012,
289     Chapter 201)
290          53G-5-602, (Renumbered from 53A-20b-103, as last amended by Laws of Utah 2012,
291     Chapter 201)
292          53G-5-603, (Renumbered from 53A-20b-104, as last amended by Laws of Utah 2012,
293     Chapter 201)
294          53G-5-604, (Renumbered from 53A-20b-105, as last amended by Laws of Utah 2012,
295     Chapter 201)
296          53G-5-605, (Renumbered from 53A-20b-106, as enacted by Laws of Utah 2007,
297     Chapter 167)
298          53G-5-606, (Renumbered from 53A-20b-201, as last amended by Laws of Utah 2014,
299     Chapter 363)
300          53G-5-607, (Renumbered from 53A-20b-202, as enacted by Laws of Utah 2012,
301     Chapter 201)
302          53G-5-608, (Renumbered from 53A-20b-203, as enacted by Laws of Utah 2012,
303     Chapter 201)
304          53G-5-609, (Renumbered from 53A-20b-204, as enacted by Laws of Utah 2012,
305     Chapter 201)
306          53G-6-201, (Renumbered from 53A-11-101, as last amended by Laws of Utah 2007,

307     Chapter 81)
308          53G-6-202, (Renumbered from 53A-11-101.5, as last amended by Laws of Utah 2012,
309     Chapter 203)
310          53G-6-203, (Renumbered from 53A-11-101.7, as last amended by Laws of Utah 2017,
311     Chapter 330)
312          53G-6-204, (Renumbered from 53A-11-102, as last amended by Laws of Utah 2014,
313     Chapter 374)
314          53G-6-205, (Renumbered from 53A-11-101.3, as enacted by Laws of Utah 2007,
315     Chapter 81)
316          53G-6-206, (Renumbered from 53A-11-103, as last amended by Laws of Utah 2017,
317     Chapter 330)
318          53G-6-207, (Renumbered from 53A-11-104, as last amended by Laws of Utah 2007,
319     Chapter 81)
320          53G-6-208, (Renumbered from 53A-11-105, as last amended by Laws of Utah 2017,
321     Chapter 330)
322          53G-6-209, (Renumbered from 53A-11-106, as last amended by Laws of Utah 2007,
323     Chapter 81)
324          53G-6-302, (Renumbered from 53A-2-201, as last amended by Laws of Utah 2017,
325     Chapter 175)
326          53G-6-303, (Renumbered from 53A-2-202, as last amended by Laws of Utah 1998,
327     Chapter 263)
328          53G-6-304, (Renumbered from 53A-2-203.5, as enacted by Laws of Utah 1998,
329     Chapter 124)
330          53G-6-305, (Renumbered from 53A-2-204, as last amended by Laws of Utah 2017,
331     Chapter 316)
332          53G-6-306, (Renumbered from 53A-2-205, as enacted by Laws of Utah 1988, Chapter
333     2)
334          53G-6-401, (Renumbered from 53A-2-206.5, as last amended by Laws of Utah 2012,
335     Chapter 67)
336          53G-6-402, (Renumbered from 53A-2-207, as last amended by Laws of Utah 2012,
337     Chapter 67)

338          53G-6-403, (Renumbered from 53A-2-208, as last amended by Laws of Utah 2008,
339     Chapter 346)
340          53G-6-404, (Renumbered from 53A-2-209, as repealed and reenacted by Laws of Utah
341     1993, Chapter 119)
342          53G-6-405, (Renumbered from 53A-2-210, as last amended by Laws of Utah 2008,
343     Chapter 346)
344          53G-6-406, (Renumbered from 53A-2-211, as last amended by Laws of Utah 1993,
345     Chapter 119)
346          53G-6-407, (Renumbered from 53A-2-213, as last amended by Laws of Utah 2008,
347     Chapter 346)
348          53G-6-502, (Renumbered from 53A-1a-506, as last amended by Laws of Utah 2017,
349     Chapters 87 and 212)
350          53G-6-503, (Renumbered from 53A-1a-506.5, as last amended by Laws of Utah 2014,
351     Chapter 363)
352          53G-6-504, (Renumbered from 53A-1a-502.5, as last amended by Laws of Utah 2016,
353     Chapter 213)
354          53G-6-601, (Renumbered from 53A-11-501, as last amended by Laws of Utah 1998,
355     Chapter 263)
356          53G-6-602, (Renumbered from 53A-11-502, as last amended by Laws of Utah 1998,
357     Chapter 263)
358          53G-6-603, (Renumbered from 53A-11-503, as last amended by Laws of Utah 1993,
359     Chapter 234)
360          53G-6-604, (Renumbered from 53A-11-504, as last amended by Laws of Utah 2017,
361     Chapter 278)
362          53G-6-702, (Renumbered from 53A-11-102.5, as last amended by Laws of Utah 2010,
363     Chapter 210)
364          53G-6-703, (Renumbered from 53A-11-102.6, as last amended by Laws of Utah 2011,
365     Chapter 340)
366          53G-6-704, (Renumbered from 53A-1a-519, as last amended by Laws of Utah 2011,
367     Chapter 433)
368          53G-6-705, (Renumbered from 53A-2-214, as last amended by Laws of Utah 2017,

369     Chapter 173)
370          53G-6-706, (Renumbered from 53A-11-102.7, as enacted by Laws of Utah 2014,
371     Chapter 374)
372          53G-6-707, (Renumbered from 53A-2-206, as last amended by Laws of Utah 2012,
373     Chapter 398)
374          53G-6-708, (Renumbered from 53A-17a-114, as last amended by Laws of Utah 2017,
375     Chapter 382)
376          53G-6-801, (Renumbered from 53A-15-1401, as last amended by Laws of Utah 2015,
377     Chapter 444)
378          53G-6-802, (Renumbered from 53A-15-1402, as last amended by Laws of Utah 2015,
379     Chapter 444)
380          53G-6-803, (Renumbered from 53A-15-1403, as last amended by Laws of Utah 2015,
381     Chapter 444)
382          53G-7-203, (Renumbered from 53A-3-402.7, as enacted by Laws of Utah 1993,
383     Chapter 122)
384          53G-7-204, (Renumbered from 53A-3-402.1, as enacted by Laws of Utah 1999,
385     Chapter 268)
386          53G-7-205, (Renumbered from 53A-3-402.9, as last amended by Laws of Utah 2016,
387     Chapter 144)
388          53G-7-206, (Renumbered from 53A-13-108.5, as last amended by Laws of Utah 2015,
389     Chapter 415)
390          53G-7-207, (Renumbered from 53A-11-901.5, as renumbered and amended by Laws of
391     Utah 1997, Chapter 10)
392          53G-7-208, (Renumbered from 53A-3-409, as last amended by Laws of Utah 2015,
393     Chapter 286)
394          53G-7-209, (Renumbered from 53A-3-413, as last amended by Laws of Utah 2015,
395     Chapters 232 and 342)
396          53G-7-210, (Renumbered from 53A-3-414, as last amended by Laws of Utah 2015,
397     Chapter 232)
398          53G-7-211, (Renumbered from 53A-3-407, as enacted by Laws of Utah 1988, Chapter
399     2)

400          53G-7-212, (Renumbered from 53A-3-402.5, as repealed and reenacted by Laws of
401     Utah 1993, Chapter 1)
402          53G-7-213, (Renumbered from 53A-3-417, as last amended by Laws of Utah 2004,
403     Chapter 171)
404          53G-7-214, (Renumbered from 53A-3-427, as last amended by Laws of Utah 2013,
405     Chapter 214)
406          53G-7-215, (Renumbered from 53A-1-409, as last amended by Laws of Utah 2016,
407     Chapter 347)
408          53G-7-216, (Renumbered from 53A-1-706, as last amended by Laws of Utah 2016,
409     Chapter 220)
410          53G-7-302, (Renumbered from 53A-19-101, as last amended by Laws of Utah 2016,
411     Chapter 363)
412          53G-7-303, (Renumbered from 53A-19-102, as last amended by Laws of Utah 2016,
413     Chapter 363)
414          53G-7-304, (Renumbered from 53A-19-103, as enacted by Laws of Utah 1988, Chapter
415     2)
416          53G-7-305, (Renumbered from 53A-19-104, as last amended by Laws of Utah 2016,
417     Chapter 363)
418          53G-7-306, (Renumbered from 53A-19-105, as last amended by Laws of Utah 2016,
419     Chapters 350 and 367)
420          53G-7-307, (Renumbered from 53A-19-106, as last amended by Laws of Utah 2016,
421     Chapter 363)
422          53G-7-308, (Renumbered from 53A-19-107, as enacted by Laws of Utah 1988, Chapter
423     2)
424          53G-7-309, (Renumbered from 53A-19-108, as last amended by Laws of Utah 2016,
425     Chapter 363)
426          53G-7-401, (Renumbered from 53A-30-102, as enacted by Laws of Utah 2014, Chapter
427     433)
428          53G-7-402, (Renumbered from 53A-30-103, as enacted by Laws of Utah 2014, Chapter
429     433)
430          53G-7-502, (Renumbered from 53A-12-101, as enacted by Laws of Utah 1988, Chapter

431     2)
432          53G-7-503, (Renumbered from 53A-12-102, as last amended by Laws of Utah 2015,
433     Chapter 258)
434          53G-7-504, (Renumbered from 53A-12-103, as last amended by Laws of Utah 2008,
435     Chapter 382)
436          53G-7-505, (Renumbered from 53A-12-104, as enacted by Laws of Utah 1988, Chapter
437     2)
438          53G-7-601, (Renumbered from 53A-12-202, as enacted by Laws of Utah 1988, Chapter
439     2)
440          53G-7-602, (Renumbered from 53A-12-201, as enacted by Laws of Utah 1988, Chapter
441     2)
442          53G-7-603, (Renumbered from 53A-12-204, as last amended by Laws of Utah 2002,
443     Chapter 299)
444          53G-7-604, (Renumbered from 53A-12-205, as enacted by Laws of Utah 1988, Chapter
445     2)
446          53G-7-605, (Renumbered from 53A-12-206, as enacted by Laws of Utah 1988, Chapter
447     2)
448          53G-7-606, (Renumbered from 53A-12-207, as last amended by Laws of Utah 2010,
449     Chapter 305)
450          53G-7-701, (Renumbered from 53A-11-1202, as last amended by Laws of Utah 2011,
451     Chapter 403)
452          53G-7-702, (Renumbered from 53A-11-1203, as last amended by Laws of Utah 2011,
453     Chapter 403)
454          53G-7-703, (Renumbered from 53A-11-1204, as enacted by Laws of Utah 2007,
455     Chapter 114)
456          53G-7-704, (Renumbered from 53A-11-1205, as enacted by Laws of Utah 2007,
457     Chapter 114)
458          53G-7-705, (Renumbered from 53A-11-1206, as last amended by Laws of Utah 2011,
459     Chapter 403)
460          53G-7-706, (Renumbered from 53A-11-1207, as enacted by Laws of Utah 2007,
461     Chapter 114)

462          53G-7-707, (Renumbered from 53A-11-1208, as last amended by Laws of Utah 2011,
463     Chapter 403)
464          53G-7-708, (Renumbered from 53A-11-1209, as enacted by Laws of Utah 2007,
465     Chapter 114)
466          53G-7-709, (Renumbered from 53A-11-1210, as enacted by Laws of Utah 2007,
467     Chapter 114)
468          53G-7-710, (Renumbered from 53A-11-1211, as last amended by Laws of Utah 2011,
469     Chapter 403)
470          53G-7-711, (Renumbered from 53A-11-1212, as last amended by Laws of Utah 2011,
471     Chapter 403)
472          53G-7-712, (Renumbered from 53A-11-1213, as enacted by Laws of Utah 2007,
473     Chapter 114)
474          53G-7-713, (Renumbered from 53A-11-1214, as enacted by Laws of Utah 2007,
475     Chapter 114)
476          53G-7-801, (Renumbered from 53A-15-1101, as enacted by Laws of Utah 2006,
477     Chapter 190)
478          53G-7-802, (Renumbered from 53A-15-1102, as enacted by Laws of Utah 2006,
479     Chapter 190)
480          53G-7-803, (Renumbered from 53A-15-1103, as enacted by Laws of Utah 2006,
481     Chapter 190)
482          53G-7-901, (Renumbered from 53A-29-101, as enacted by Laws of Utah 1996, Chapter
483     73)
484          53G-7-902, (Renumbered from 53A-29-102, as enacted by Laws of Utah 1996, Chapter
485     73)
486          53G-7-903, (Renumbered from 53A-29-103, as last amended by Laws of Utah 2008,
487     Chapter 250)
488          53G-7-904, (Renumbered from 53A-29-104, as last amended by Laws of Utah 2015,
489     Chapter 389)
490          53G-7-905, (Renumbered from 53A-29-105, as enacted by Laws of Utah 1996, Chapter
491     73)
492          53G-7-1002, (Renumbered from 53A-3-422, as last amended by Laws of Utah 2002,

493     Chapter 301)
494          53G-7-1003, (Renumbered from 53A-3-423, as enacted by Laws of Utah 2001, Chapter
495     172)
496          53G-7-1004, (Renumbered from 53A-3-424, as last amended by Laws of Utah 2016,
497     Chapter 144)
498          53G-7-1101, (Renumbered from 53A-1-1601, as enacted by Laws of Utah 2017,
499     Chapter 196)
500          53G-7-1102, (Renumbered from 53A-1-1602, as enacted by Laws of Utah 2017,
501     Chapter 196)
502          53G-7-1103, (Renumbered from 53A-1-1603, as enacted by Laws of Utah 2017,
503     Chapter 196)
504          53G-7-1104, (Renumbered from 53A-1-1604, as enacted by Laws of Utah 2017,
505     Chapter 196)
506          53G-7-1105, (Renumbered from 53A-1-1605, as enacted by Laws of Utah 2017,
507     Chapter 196)
508          53G-7-1106, (Renumbered from 53A-1-1606, as enacted by Laws of Utah 2017,
509     Chapter 196)
510          53G-7-1202, (Renumbered from 53A-1a-108, as last amended by Laws of Utah 2016,
511     Chapter 220)
512          53G-7-1203, (Renumbered from 53A-1a-108.1, as last amended by Laws of Utah 2015,
513     Chapter 276)
514          53G-7-1204, (Renumbered from 53A-1a-108.5, as last amended by Laws of Utah 2016,
515     Chapter 220)
516          53G-8-202, (Renumbered from 53A-11-901, as last amended by Laws of Utah 2017,
517     Chapter 330)
518          53G-8-203, (Renumbered from 53A-11-902, as last amended by Laws of Utah 2017,
519     Chapter 55)
520          53G-8-204, (Renumbered from 53A-11-903, as last amended by Laws of Utah 2007,
521     Chapter 161)
522          53G-8-205, (Renumbered from 53A-11-904, as last amended by Laws of Utah 2010,
523     Chapter 276)

524          53G-8-206, (Renumbered from 53A-11-905, as last amended by Laws of Utah 2007,
525     Chapter 161)
526          53G-8-207, (Renumbered from 53A-11-906, as last amended by Laws of Utah 2007,
527     Chapters 82 and 161)
528          53G-8-208, (Renumbered from 53A-11-907, as last amended by Laws of Utah 2007,
529     Chapter 161)
530          53G-8-209, (Renumbered from 53A-11-908, as last amended by Laws of Utah 2017,
531     Chapter 330)
532          53G-8-210, (Renumbered from 53A-11-910, as last amended by Laws of Utah 2017,
533     Chapter 330)
534          53G-8-211, (Renumbered from 53A-11-911, as enacted by Laws of Utah 2017, Chapter
535     330)
536          53G-8-212, (Renumbered from 53A-11-806, as last amended by Laws of Utah 2017,
537     Chapter 55)
538          53G-8-301, (Renumbered from 53A-11-801, as last amended by Laws of Utah 2017,
539     Chapter 55)
540          53G-8-302, (Renumbered from 53A-11-802, as last amended by Laws of Utah 2017,
541     Chapter 55)
542          53G-8-303, (Renumbered from 53A-11-803, as last amended by Laws of Utah 1994,
543     Chapter 260)
544          53G-8-304, (Renumbered from 53A-11-804, as enacted by Laws of Utah 1992, Chapter
545     251)
546          53G-8-305, (Renumbered from 53A-11-805, as enacted by Laws of Utah 1992, Chapter
547     251)
548          53G-8-402, (Renumbered from 53A-11-1001, as last amended by Laws of Utah 2008,
549     Chapter 3)
550          53G-8-403, (Renumbered from 53A-11-1002, as last amended by Laws of Utah 2004,
551     Chapter 102)
552          53G-8-404, (Renumbered from 53A-11-1003, as enacted by Laws of Utah 1994,
553     Chapter 256)
554          53G-8-405, (Renumbered from 53A-11-1004, as last amended by Laws of Utah 2008,

555     Chapter 3)
556          53G-8-501, (Renumbered from 53A-11-401, as last amended by Laws of Utah 1989,
557     Chapter 22)
558          53G-8-502, (Renumbered from 53A-11-402, as enacted by Laws of Utah 1988, Chapter
559     2)
560          53G-8-503, (Renumbered from 53A-11-403, as last amended by Laws of Utah 2017,
561     Chapter 330)
562          53G-8-504, (Renumbered from 53A-11-404, as enacted by Laws of Utah 1988, Chapter
563     2)
564          53G-8-505, (Renumbered from 53A-11-1301, as renumbered and amended by Laws of
565     Utah 2008, Chapter 3)
566          53G-8-506, (Renumbered from 53A-11-1302, as last amended by Laws of Utah 2017,
567     Chapter 330)
568          53G-8-507, (Renumbered from 53A-11-1303, as renumbered and amended by Laws of
569     Utah 2008, Chapter 3)
570          53G-8-508, (Renumbered from 53A-11-1304, as renumbered and amended by Laws of
571     Utah 2008, Chapter 3)
572          53G-8-509, (Renumbered from 53A-11-1305, as renumbered and amended by Laws of
573     Utah 2008, Chapter 3)
574          53G-8-510, (Renumbered from 53A-11-1101, as enacted by Laws of Utah 1994,
575     Chapter 256)
576          53G-8-602, (Renumbered from 53A-3-501, as last amended by Laws of Utah 1998,
577     Chapter 10)
578          53G-8-603, (Renumbered from 53A-3-503, as last amended by Laws of Utah 1990,
579     Chapter 78)
580          53G-8-604, (Renumbered from 53A-3-504, as enacted by Laws of Utah 1988, Chapter
581     140)
582          53G-8-701, (Renumbered from 53A-11-1602, as enacted by Laws of Utah 2016,
583     Chapter 165)
584          53G-8-702, (Renumbered from 53A-11-1603, as enacted by Laws of Utah 2016,
585     Chapter 165)

586          53G-8-703, (Renumbered from 53A-11-1604, as last amended by Laws of Utah 2017,
587     Chapter 330)
588          53G-9-202, (Renumbered from 53A-11-205, as enacted by Laws of Utah 2001, First
589     Special Session, Chapter 3)
590          53G-9-203, (Renumbered from 53A-11-605, as last amended by Laws of Utah 2013,
591     Chapter 335)
592          53G-9-204, (Renumbered from 53A-11-204, as last amended by Laws of Utah 2002,
593     Chapter 301)
594          53G-9-205, (Renumbered from 53A-19-301, as enacted by Laws of Utah 1996, Chapter
595     268)
596          53G-9-206, (Renumbered from 53A-13-103, as enacted by Laws of Utah 1988, Chapter
597     2)
598          53G-9-207, (Renumbered from 53A-13-112, as enacted by Laws of Utah 2014, Chapter
599     342)
600          53G-9-208, (Renumbered from 53A-11-606, as enacted by Laws of Utah 2017, Chapter
601     191)
602          53G-9-301 (Effective 07/01/18), (Renumbered from 53A-11-300.5 (Effective
603     07/01/18), as enacted by Laws of Utah 2017, Chapter 344)
604          53G-9-302 (Effective 07/01/18), (Renumbered from 53A-11-301 (Effective 07/01/18),
605     as repealed and reenacted by Laws of Utah 2017, Chapter 344)
606          53G-9-302 (Superseded 07/01/18), (Renumbered from 53A-11-301 (Superseded
607     07/01/18), as last amended by Laws of Utah 1992, Chapter 53)
608          53G-9-303 (Effective 07/01/18), (Renumbered from 53A-11-302 (Effective 07/01/18),
609     as repealed and reenacted by Laws of Utah 2017, Chapter 344)
610          53G-9-303 (Superseded 07/01/18), (Renumbered from 53A-11-302 (Superseded
611     07/01/18), as last amended by Laws of Utah 2017, Chapter 278)
612          53G-9-304 (Effective 07/01/18), (Renumbered from 53A-11-302.5 (Effective
613     07/01/18), as repealed and reenacted by Laws of Utah 2017, Chapter 344)
614          53G-9-304 (Superseded 07/01/18), (Renumbered from 53A-11-302.5 (Superseded
615     07/01/18), as enacted by Laws of Utah 1992, Chapter 129)
616          53G-9-305 (Effective 07/01/18), (Renumbered from 53A-11-303 (Effective 07/01/18),

617     as repealed and reenacted by Laws of Utah 2017, Chapter 344)
618          53G-9-305 (Superseded 07/01/18), (Renumbered from 53A-11-303 (Superseded
619     07/01/18), as enacted by Laws of Utah 1988, Chapter 2)
620          53G-9-306 (Effective 07/01/18), (Renumbered from 53A-11-304 (Effective 07/01/18),
621     as repealed and reenacted by Laws of Utah 2017, Chapter 344)
622          53G-9-306 (Superseded 07/01/18), (Renumbered from 53A-11-304 (Superseded
623     07/01/18), as enacted by Laws of Utah 1988, Chapter 2)
624          53G-9-307 (Repealed 07/01/18), (Renumbered from 53A-11-305 (Repealed 07/01/18),
625     as repealed by Laws of Utah 2017, Chapter 344)
626          53G-9-308 (Effective 07/01/18), (Renumbered from 53A-11-306 (Effective 07/01/18),
627     as repealed and reenacted by Laws of Utah 2017, Chapter 344)
628          53G-9-308 (Superseded 07/01/18), (Renumbered from 53A-11-306 (Superseded
629     07/01/18), as enacted by Laws of Utah 1988, Chapter 2)
630          53G-9-309 (Effective 07/01/18), (Renumbered from 53A-11-307 (Effective 07/01/18),
631     as enacted by Laws of Utah 2017, Chapter 344)
632          53G-9-402, (Renumbered from 53A-11-201, as last amended by Laws of Utah 1996,
633     Chapter 4)
634          53G-9-403, (Renumbered from 53A-11-202, as enacted by Laws of Utah 1988, Chapter
635     2)
636          53G-9-404, (Renumbered from 53A-11-203, as last amended by Laws of Utah 2016,
637     Chapter 271)
638          53G-9-502, (Renumbered from 53A-11-601, as last amended by Laws of Utah 2017,
639     Chapter 183)
640          53G-9-503, (Renumbered from 53A-11-602, as enacted by Laws of Utah 2004, Chapter
641     4)
642          53G-9-504, (Renumbered from 53A-11-603, as enacted by Laws of Utah 2006, Chapter
643     215)
644          53G-9-505, (Renumbered from 53A-11-603.5, as enacted by Laws of Utah 2016,
645     Chapter 423)
646          53G-9-506, (Renumbered from 53A-11-604, as enacted by Laws of Utah 2006, Chapter
647     215)

648          53G-9-601, (Renumbered from 53A-11a-102, as last amended by Laws of Utah 2017,
649     Chapters 170 and 213)
650          53G-9-602, (Renumbered from 53A-11a-201, as last amended by Laws of Utah 2017,
651     Chapter 213)
652          53G-9-603, (Renumbered from 53A-11a-202, as last amended by Laws of Utah 2017,
653     Chapter 213)
654          53G-9-604, (Renumbered from 53A-11a-203, as last amended by Laws of Utah 2017,
655     Chapters 30, 170, and 213)
656          53G-9-605, (Renumbered from 53A-11a-301, as last amended by Laws of Utah 2017,
657     Chapters 170 and 213)
658          53G-9-606, (Renumbered from 53A-11a-302, as last amended by Laws of Utah 2017,
659     Chapters 170 and 213)
660          53G-9-607, (Renumbered from 53A-11a-401, as last amended by Laws of Utah 2017,
661     Chapters 170, 213 and last amended by Coordination Clause, Laws of Utah 2017,
662     Chapter 213)
663          53G-9-608, (Renumbered from 53A-11a-402, as last amended by Laws of Utah 2017,
664     Chapters 170 and 213)
665          53G-9-702, (Renumbered from 53A-15-1301, as last amended by Laws of Utah 2016,
666     Chapter 144)
667          53G-9-703, (Renumbered from 53A-15-1302, as last amended by Laws of Utah 2015,
668     Chapters 85 and 442)
669          53G-9-704, (Renumbered from 53A-15-1304, as enacted by Laws of Utah 2017,
670     Chapter 378)
671          53G-9-801, (Renumbered from 53A-15-1902, as enacted by Laws of Utah 2016,
672     Chapter 320)
673          53G-9-802, (Renumbered from 53A-15-1903, as enacted by Laws of Utah 2016,
674     Chapter 320)
675          53G-9-803, (Renumbered from 53A-13-104, as last amended by Laws of Utah 2013,
676     Chapter 377)
677          53G-10-202, (Renumbered from 53A-13-101.1, as enacted by Laws of Utah 1993,
678     Chapter 95)

679          53G-10-203, (Renumbered from 53A-13-101.3, as enacted by Laws of Utah 1993,
680     Chapter 95)
681          53G-10-204, (Renumbered from 53A-13-109, as last amended by Laws of Utah 2014,
682     Chapter 387)
683          53G-10-205, (Renumbered from 53A-13-101.2, as last amended by Laws of Utah 2015,
684     Chapter 91)
685          53G-10-302, (Renumbered from 53A-13-101.4, as last amended by Laws of Utah 2011,
686     Chapter 298)
687          53G-10-303, (Renumbered from 53A-13-101.5, as last amended by Laws of Utah 2017,
688     Chapter 382)
689          53G-10-304, (Renumbered from 53A-13-101.6, as last amended by Laws of Utah 2012,
690     Chapter 426)
691          53G-10-402, (Renumbered from 53A-13-101, as last amended by Laws of Utah 2017,
692     Chapter 162)
693          53G-10-404, (Renumbered from 53A-13-107, as last amended by Laws of Utah 2010,
694     Chapter 305)
695          53G-10-405, (Renumbered from 53A-13-102, as last amended by Laws of Utah 2002,
696     Fifth Special Session, Chapter 8)
697          53G-10-406, (Renumbered from 53A-13-113, as enacted by Laws of Utah 2017,
698     Chapter 455)
699          53G-10-502, (Renumbered from 53A-13-201, as last amended by Laws of Utah 2008,
700     Chapter 382)
701          53G-10-503, (Renumbered from 53A-13-202, as last amended by Laws of Utah 2003,
702     Chapter 23)
703          53G-10-504, (Renumbered from 53A-13-203, as enacted by Laws of Utah 1988,
704     Chapter 2)
705          53G-10-505, (Renumbered from 53A-13-204, as last amended by Laws of Utah 2003,
706     Chapter 23)
707          53G-10-506, (Renumbered from 53A-13-205, as enacted by Laws of Utah 1988,
708     Chapter 2)
709          53G-10-507, (Renumbered from 53A-13-208, as last amended by Laws of Utah 2016,

710     Chapter 144)
711          53G-10-508, (Renumbered from 53A-13-209, as last amended by Laws of Utah 2008,
712     Chapter 382)
713          53G-11-202, (Renumbered from 53A-3-411, as last amended by Laws of Utah 2005,
714     Chapter 285)
715          53G-11-203, (Renumbered from 53A-3-431, as enacted by Laws of Utah 2012, Chapter
716     127)
717          53G-11-204, (Renumbered from 53A-19-401, as enacted by Laws of Utah 2015,
718     Chapter 399)
719          53G-11-205, (Renumbered from 53A-3-426, as enacted by Laws of Utah 2007, Chapter
720     88)
721          53G-11-206, (Renumbered from 53A-3-425, as last amended by Laws of Utah 2013,
722     Chapter 278)
723          53G-11-207, (Renumbered from 53A-3-428, as enacted by Laws of Utah 2009, Chapter
724     392)
725          53G-11-302, (Renumbered from 53A-17a-140, as last amended by Laws of Utah 2017,
726     Chapter 173)
727          53G-11-303, (Renumbered from 53A-3-701, as last amended by Laws of Utah 2015,
728     Chapter 415)
729          53G-11-401, (Renumbered from 53A-15-1502, as last amended by Laws of Utah 2016,
730     Chapter 44)
731          53G-11-402, (Renumbered from 53A-15-1503, as last amended by Laws of Utah 2016,
732     Chapter 44)
733          53G-11-403, (Renumbered from 53A-15-1504, as last amended by Laws of Utah 2016,
734     Chapters 44 and 348)
735          53G-11-404, (Renumbered from 53A-15-1505, as enacted by Laws of Utah 2015,
736     Chapter 389)
737          53G-11-405, (Renumbered from 53A-15-1506, as enacted by Laws of Utah 2015,
738     Chapter 389)
739          53G-11-406, (Renumbered from 53A-15-1507, as enacted by Laws of Utah 2015,
740     Chapter 389)

741          53G-11-407, (Renumbered from 53A-15-1508, as last amended by Laws of Utah 2016,
742     Chapter 348)
743          53G-11-408, (Renumbered from 53A-15-1509, as last amended by Laws of Utah 2016,
744     Chapter 348)
745          53G-11-409, (Renumbered from 53A-15-1510, as enacted by Laws of Utah 2015,
746     Chapter 389)
747          53G-11-410, (Renumbered from 53A-15-1511, as enacted by Laws of Utah 2016,
748     Chapter 199)
749          53G-11-501, (Renumbered from 53A-8a-102, as last amended by Laws of Utah 2017,
750     Chapter 328)
751          53G-11-501.5, (Renumbered from 53A-8a-401, as last amended by Laws of Utah 2017,
752     Chapter 328)
753          53G-11-503, (Renumbered from 53A-8a-201, as renumbered and amended by Laws of
754     Utah 2012, Chapter 425)
755          53G-11-504, (Renumbered from 53A-8a-301, as last amended by Laws of Utah 2017,
756     Chapter 328)
757          53G-11-505, (Renumbered from 53A-8a-302, as last amended by Laws of Utah 2017,
758     Chapter 328)
759          53G-11-506, (Renumbered from 53A-8a-403, as last amended by Laws of Utah 2017,
760     Chapter 328)
761          53G-11-507, (Renumbered from 53A-8a-405, as last amended by Laws of Utah 2017,
762     Chapter 328)
763          53G-11-508, (Renumbered from 53A-8a-406, as last amended by Laws of Utah 2017,
764     Chapter 328)
765          53G-11-509, (Renumbered from 53A-8a-408, as renumbered and amended by Laws of
766     Utah 2012, Chapter 425)
767          53G-11-510, (Renumbered from 53A-8a-409, as last amended by Laws of Utah 2017,
768     Chapter 328)
769          53G-11-511, (Renumbered from 53A-8a-410, as last amended by Laws of Utah 2017,
770     Chapter 328)
771          53G-11-512, (Renumbered from 53A-8a-501, as last amended by Laws of Utah 2015,

772     Chapter 203)
773          53G-11-513, (Renumbered from 53A-8a-502, as renumbered and amended by Laws of
774     Utah 2012, Chapter 425)
775          53G-11-514, (Renumbered from 53A-8a-503, as enacted by Laws of Utah 2012,
776     Chapter 425)
777          53G-11-515, (Renumbered from 53A-8a-504, as renumbered and amended by Laws of
778     Utah 2012, Chapter 425)
779          53G-11-516, (Renumbered from 53A-8a-505, as renumbered and amended by Laws of
780     Utah 2012, Chapter 425)
781          53G-11-517, (Renumbered from 53A-8a-506, as enacted by Laws of Utah 2012,
782     Chapter 425)
783          53G-11-518, (Renumbered from 53A-8a-601, as last amended by Laws of Utah 2016,
784     Chapter 204)
785     REPEALS:
786          53A-2-117, as last amended by Laws of Utah 2017, Chapter 91
787          53A-3-415, as last amended by Laws of Utah 1991, Chapter 72
788          53A-8a-402, as last amended by Laws of Utah 2017, Chapter 328
789     

790     Be it enacted by the Legislature of the state of Utah:
791          Section 1. Section 11-36a-206, which is renumbered from Section 53A-20-100.5 is
792     renumbered and amended to read:
793          [53A-20-100.5].      11-36a-206. Prohibition of school impact fees.
794          (1) As used in this section, "school impact fee" means a charge on new development in
795     order to generate revenue for funding or recouping the costs of capital improvements for
796     schools or school facility expansions necessitated by and attributable to the new development.
797          (2) Beginning March 21, 1995, there is a moratorium prohibiting a county, city, town,
798     local school board, or any other political subdivision from imposing or collecting a school
799     impact fee unless hereafter authorized by the Legislature by statute.
800          (3) Collection of any fees authorized before March 21, 1995, by any ordinance,
801     resolution or rule of any county, city, town, local school board, or other political subdivision
802     shall terminate on May 1, 1996, unless hereafter authorized by the Legislature by statute.

803          Section 2. Section 53B-1-115 is enacted to read:
804          53B-1-115. Purchases of educational technology.
805          (1) A college of education shall comply with Title 63G, Chapter 6a, Utah Procurement
806     Code, in purchasing technology.
807          (2) A college of education may purchase technology through cooperative purchasing
808     contracts administered by the state Division of Purchasing or through the college of education's
809     own established purchasing program.
810          Section 3. Section 53G-1-101 is enacted to read:
811     
TITLE 53G. PUBLIC EDUCATION SYSTEM -- LOCAL ADMINISTRATION

812     
CHAPTER 1. TITLE PROVISIONS

813          53G-1-101. Title.
814          (1) This title is known as "Public Education System -- Local Administration."
815          (2) This chapter is known as "Title Provisions."
816          Section 4. Section 53G-1-102 is enacted to read:
817          53G-1-102. Public education code definitions.
818          The terms defined in Section 53E-1-102 apply to this title.
819          Section 5. Section 53G-1-103 is enacted to read:
820          53G-1-103. Title 53G definitions.
821          Reserved
822          Section 6. Section 53G-2-101 is enacted to read:
823     
CHAPTER 2. LOCAL PUBLIC EDUCATION SYSTEM POLICY

824     
Part 1. General Provisions

825          53G-2-101. Title.
826          This chapter is known as "Local Public Education System Policy."
827          Section 7. Section 53G-2-102 is enacted to read:
828          53G-2-102. Definitions.
829          Reserved
830          Section 8. Section 53G-3-101 is enacted to read:
831     
CHAPTER 3. SCHOOL DISTRICT CREATION AND CHANGE

832     
Part 1. General Provisions

833          53G-3-101. Title.

834          This chapter is known as "School District Creation and Change."
835          Section 9. Section 53G-3-102, which is renumbered from Section 53A-2-112 is
836     renumbered and amended to read:
837          [53A-2-112].      53G-3-102. Definitions.
838          As used in [Sections 53A-2-113 through 53A-2-116] this chapter:
839          (1) "Allocation date" means:
840          (a) June 20 of the second calendar year after the local school board general election
841     date described in Subsection 53G-3-302(3)(a)(i); or
842          (b) another date that the transition teams under Section 53G-3-302 mutually agree to.
843          (2) "Canvass date" means the date of the canvass of an election under Subsection
844     53G-3-301(5) at which voters approve the creation of a new school district under Section
845     53G-3-302.
846          [(1)] (3) "Consolidation" means the merger of two or more school districts into a single
847     administrative unit.
848          (4) "Creation election date" means the date of the election under Subsection
849     53G-3-301(9) at which voters approve the creation of a new school district under Section
850     53G-3-302.
851          (5) "Divided school district," "existing district," or "existing school district" means a
852     school district from which a new district is created.
853          (6) "New district" or "new school district" means a school district created under
854     Section 53G-3-301 or 53G-3-302.
855          (7) "Remaining district" or "remaining school district" means an existing district after
856     the creation of a new district.
857          [(2)] (8) "Restructuring" means the transfer of territory from one school district to
858     another school district.
859          Section 10. Section 53G-3-103, which is renumbered from Section 53A-2-111 is
860     renumbered and amended to read:
861          [53A-2-111].      53G-3-103. Legislative findings.
862          The Legislature finds that restructuring and consolidation of school districts may
863     provide long-term educational and financial benefits, but that short-term costs and other
864     problems may make it difficult for school officials to move forward with such plans. The

865     Legislature therefore adopts Sections [53A-2-111 through 53A-2-116] 53G-3-102, 53G-3-103,
866     53G-3-205, 53G-3-403, 53G-3-404, and 53G-3-503 to assist the public school system to create
867     more efficient and effective administrative units.
868          Section 11. Section 53G-3-201, which is renumbered from Section 53A-2-101 is
869     renumbered and amended to read:
870          [53A-2-101].      53G-3-201. School districts.
871          School districts may be created, merged, dissolved, or their boundaries changed only as
872     provided in this chapter.
873          Section 12. Section 53G-3-202, which is renumbered from Section 53A-2-108 is
874     renumbered and amended to read:
875          [53A-2-108].      53G-3-202. School districts independent of municipal and
876     county governments -- School district name -- Control of property.
877          (1) (a) Each school district shall be controlled by its board of education and shall be
878     independent of municipal and county governments.
879          (b) The name of each school district created after May 1, 2000 shall comply with
880     Subsection 17-50-103(2)(a).
881          (2) The local school board shall have direction and control of all school property in the
882     district.
883          Section 13. Section 53G-3-203, which is renumbered from Section 53A-2-101.5 is
884     renumbered and amended to read:
885          [53A-2-101.5].      53G-3-203. Filing of notice and plat relating to school
886     district boundary changes including creation, consolidation, division, or dissolution --
887     Recording requirements -- Effective date.
888          (1) The county legislative body shall:
889          (a) within 30 days after the creation, consolidation, division, or dissolution of a school
890     district, file with the lieutenant governor:
891          (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5,
892     that meets the requirements of Subsection 67-1a-6.5(3); and
893          (ii) except in the case of a dissolution, a copy of an approved final local entity plat, as
894     defined in Section 67-1a-6.5; and
895          (b) upon the lieutenant governor's issuance of a certificate of boundary action under

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

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

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

989          (iii) be sent to:
990          (A) each county in whose unincorporated area and each municipality in whose
991     boundaries the property is located; and
992          (B) each affected entity.
993          (c) A notice under this Subsection (3) is a protected record as provided in Subsection
994     63G-2-305(8).
995          (d) (i) The notice requirement of Subsection (3)(a) does not apply if the school district
996     previously provided notice under Subsection (2) identifying the general location within the
997     municipality or unincorporated part of the county where the property to be acquired is located.
998          (ii) If a school district is not required to comply with the notice requirement of
999     Subsection (3)(a) because of application of Subsection (3)(d)(i), the school district shall
1000     provide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of
1001     the real property.
1002          Section 15. Section 53G-3-205, which is renumbered from Section 53A-2-116 is
1003     renumbered and amended to read:
1004          [53A-2-116].      53G-3-205. Rights of transferred employees -- Salary during
1005     first year -- Leave and tenure benefits.
1006          (1) If a school employee is transferred from one district to another because of district
1007     consolidation or restructuring, the employee's salary may not be less, during the first year after
1008     the transfer, than it would have been had the transfer not taken place.
1009          (2) The district to which an employee is transferred under Subsection (1) shall credit
1010     the employee with all accumulated leave and tenure recognized by the district from which the
1011     employee was transferred.
1012          (3) If the district to which an employee is transferred does not have a leave benefit
1013     which reasonably corresponds to one the employee seeks to transfer, that district shall
1014     compensate the employee for the benefit on the same basis as would have been done had the
1015     employee retired.
1016          Section 16. Section 53G-3-301, which is renumbered from Section 53A-2-118 is
1017     renumbered and amended to read:
1018     
Part 3. Creating a New School District

1019          [53A-2-118].      53G-3-301. Creation of new school district -- Initiation of

1020     process -- Procedures to be followed.
1021          (1) A new school district may be created from one or more existing school districts, as
1022     provided in this section.
1023          (2) The process to create a new school district may be initiated:
1024          (a) through a citizens' initiative petition;
1025          (b) at the request of the board of the existing district or districts to be affected by the
1026     creation of the new district; or
1027          (c) at the request of a city within the boundaries of the school district or at the request
1028     of interlocal agreement participants, pursuant to Section [53A-2-118.1] 53G-3-302.
1029          (3) (a) An initiative petition submitted under Subsection (2)(a) shall be signed by
1030     qualified electors residing within the geographical boundaries of the proposed new school
1031     district in an amount equal to at least 15% of all votes cast within the geographic boundaries of
1032     the proposed new school district for all candidates for president of the United States at the last
1033     regular general election at which a president of the United States was elected.
1034          (b) Each request or petition submitted under Subsection (2) shall:
1035          (i) be filed with the clerk of each county in which any part of the proposed new school
1036     district is located;
1037          (ii) indicate the typed or printed name and current residence address of each governing
1038     board member making a request, or registered voter signing a petition, as the case may be;
1039          (iii) describe the proposed new school district boundaries; and
1040          (iv) designate up to five signers of the petition or request as sponsors, one of whom
1041     shall be designated as the contact sponsor, with the mailing address and telephone number of
1042     each.
1043          (c) The process described in Subsection (2)(a) may only be initiated once during any
1044     four-year period.
1045          (d) A new district may not be formed under Subsection (2) if the student population of
1046     the proposed new district is less than 3,000 or the existing district's student population would
1047     be less than 3,000 because of the creation of the new school district.
1048          (4) A signer of a petition described in Subsection (2)(a) may withdraw or, once
1049     withdrawn, reinstate the signer's signature at any time before the filing of the petition by filing
1050     a written request for withdrawal or reinstatement with the county clerk.

1051          (5) Within 45 days after the day on which a petition described in Subsection (2)(a) is
1052     filed, or five business days after the day on which a request described in Subsection (2)(b) or
1053     (c) is filed, the clerk of each county with which the request or petition is filed shall:
1054          (a) determine whether the request or petition complies with Subsections (2) and (3), as
1055     applicable; and
1056          (b) (i) if the county clerk determines that the request or petition complies with the
1057     applicable requirements:
1058          (A) certify the request or petition and deliver the certified request or petition to the
1059     county legislative body; and
1060          (B) mail or deliver written notification of the certification to the contact sponsor; or
1061          (ii) if the county clerk determines that the request or petition fails to comply with any
1062     of the applicable requirements, reject the request or petition and notify the contact sponsor in
1063     writing of the rejection and reasons for the rejection.
1064          (6) (a) If the county clerk fails to certify or reject a request or petition within the time
1065     specified in Subsection (5), the request or petition is considered to be certified.
1066          (b) (i) If the county clerk rejects a request or petition, the person that submitted the
1067     request or petition may amend the request or petition to correct the deficiencies for which the
1068     request or petition was rejected, and refile the request or petition.
1069          (ii) Subsection (3)(c) does not apply to a request or petition that is amended and refiled
1070     after having been rejected by a county clerk.
1071          (c) If, on or before December 1, a county legislative body receives a request from a
1072     school board under Subsection (2)(b) or a petition under Subsection (2)(a) that is certified by
1073     the county clerk:
1074          (i) the county legislative body shall appoint an ad hoc advisory committee, as provided
1075     in Subsection (7), on or before January 1;
1076          (ii) the ad hoc advisory committee shall submit its report and recommendations to the
1077     county legislative body, as provided in Subsection (7), on or before July 1; and
1078          (iii) if the legislative body of each county with which a request or petition is filed
1079     approves a proposal to create a new district, each legislative body shall submit the proposal to
1080     the respective county clerk to be voted on by the electors of each existing district at the regular
1081     general or municipal general election held in November.

1082          (7) (a) The legislative body of each county with which a request or petition is filed
1083     shall appoint an ad hoc advisory committee to review and make recommendations on a request
1084     for the creation of a new school district submitted under Subsection (2)(a) or (b).
1085          (b) The advisory committee shall:
1086          (i) seek input from:
1087          (A) those requesting the creation of the new school district;
1088          (B) the school board and school personnel of each existing school district;
1089          (C) those citizens residing within the geographical boundaries of each existing school
1090     district;
1091          (D) the State Board of Education; and
1092          (E) other interested parties;
1093          (ii) review data and gather information on at least:
1094          (A) the financial viability of the proposed new school district;
1095          (B) the proposal's financial impact on each existing school district;
1096          (C) the exact placement of school district boundaries; and
1097          (D) the positive and negative effects of creating a new school district and whether the
1098     positive effects outweigh the negative if a new school district were to be created; and
1099          (iii) make a report to the county legislative body in a public meeting on the committee's
1100     activities, together with a recommendation on whether to create a new school district.
1101          (8) For a request or petition submitted under Subsection (2)(a) or (b):
1102          (a) The county legislative body shall provide for a 45-day public comment period on
1103     the report and recommendation to begin on the day the report is given under Subsection
1104     (7)(b)(iii).
1105          (b) Within 14 days after the end of the comment period, the legislative body of each
1106     county with which a request or petition is filed shall vote on the creation of the proposed new
1107     school district.
1108          (c) The proposal is approved if a majority of the members of the legislative body of
1109     each county with which a request or petition is filed votes in favor of the proposal.
1110          (d) If the proposal is approved, the legislative body of each county with which a
1111     request or petition is filed shall submit the proposal to the county clerk to be voted on:
1112          (i) by the legal voters of each existing school district affected by the proposal;

1113          (ii) in accordance with the procedures and requirements applicable to a regular general
1114     election under Title 20A, Election Code; and
1115          (iii) at the next regular general election or municipal general election, whichever is
1116     first.
1117          (e) Creation of the new school district shall occur if a majority of the electors within
1118     both the proposed school district and each remaining school district voting on the proposal vote
1119     in favor of the creation of the new district.
1120          (f) Each county legislative body shall comply with the requirements of Section
1121     [53A-2-101.5] 53G-3-203.
1122          (g) If a proposal submitted under Subsection (2)(a) or (b) to create a new district is
1123     approved by the electors, the existing district's documented costs to study and implement the
1124     proposal shall be reimbursed by the new district.
1125          (9) (a) If a proposal submitted under Subsection (2)(c) is certified under Subsection (5)
1126     or (6)(a), the legislative body of each county in which part of the proposed new school district
1127     is located shall submit the proposal to the respective clerk of each county to be voted on:
1128          (i) by the legal voters residing within the proposed new school district boundaries;
1129          (ii) in accordance with the procedures and requirements applicable to a regular general
1130     election under Title 20A, Election Code; and
1131          (iii) at the next regular general election or municipal general election, whichever is
1132     first.
1133          (b) (i) If a majority of the legal voters within the proposed new school district
1134     boundaries voting on the proposal at an election under Subsection (9)(a) vote in favor of the
1135     creation of the new district:
1136          (A) each county legislative body shall comply with the requirements of Section
1137     [53A-2-101.5] 53G-3-203; and
1138          (B) upon the lieutenant governor's issuance of the certificate under Section 67-1a-6.5,
1139     the new district is created.
1140          (ii) Notwithstanding the creation of a new district as provided in Subsection
1141     (9)(b)(i)(B):
1142          (A) a new school district may not begin to provide educational services to the area
1143     within the new district until July 1 of the second calendar year following the school board

1144     general election date described in Subsection [53A-2-118.1] 53G-3-302(3)(a)(i);
1145          (B) a remaining district may not begin to provide educational services to the area
1146     within the remaining district until the time specified in Subsection (9)(b)(ii)(A); and
1147          (C) each existing district shall continue, until the time specified in Subsection
1148     (9)(b)(ii)(A), to provide educational services within the entire area covered by the existing
1149     district.
1150          Section 17. Section 53G-3-302, which is renumbered from Section 53A-2-118.1 is
1151     renumbered and amended to read:
1152          [53A-2-118.1].      53G-3-302. Proposal initiated by a city or by interlocal
1153     agreement participants to create a school district -- Boundaries -- Election of local school
1154     board members -- Allocation of assets and liabilities -- Startup costs -- Transfer of title.
1155          (1) (a) After conducting a feasibility study, a city with a population of at least 50,000,
1156     as determined by the lieutenant governor using the process described in Subsection 67-1a-2(3),
1157     may by majority vote of the legislative body, submit for voter approval a measure to create a
1158     new school district with boundaries contiguous with that city's boundaries, in accordance with
1159     Section [53A-2-118] 53G-3-301.
1160          (b) (i) The determination of all matters relating to the scope, adequacy, and other
1161     aspects of a feasibility study under Subsection (1)(a) is within the exclusive discretion of the
1162     city's legislative body.
1163          (ii) An inadequacy of a feasibility study under Subsection (1)(a) may not be the basis of
1164     a legal action or other challenge to:
1165          (A) an election for voter approval of the creation of a new school district; or
1166          (B) the creation of the new school district.
1167          (2) (a) By majority vote of the legislative body, a city of any class, a town, or a county,
1168     may, together with one or more other cities, towns, or the county enter into an interlocal
1169     agreement, in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, for the purpose
1170     of submitting for voter approval a measure to create a new school district.
1171          (b) (i) In accordance with Section [53A-2-118] 53G-3-301, interlocal agreement
1172     participants under Subsection (2)(a) may submit a proposal for voter approval if:
1173          (A) the interlocal agreement participants conduct a feasibility study prior to submitting
1174     the proposal to the county;

1175          (B) the combined population within the proposed new school district boundaries is at
1176     least 50,000;
1177          (C) the new school district boundaries:
1178          (I) are contiguous;
1179          (II) do not completely surround or otherwise completely geographically isolate a
1180     portion of an existing school district that is not part of the proposed new school district from
1181     the remaining part of that existing school district, except as provided in Subsection (2)(d)(iii);
1182          (III) include the entire boundaries of each participant city or town, except as provided
1183     in Subsection (2)(d)(ii); and
1184          (IV) subject to Subsection (2)(b)(ii), do not cross county lines; and
1185          (D) the combined population within the proposed new school district of interlocal
1186     agreement participants that have entered into an interlocal agreement proposing to create a new
1187     school district is at least 80% of the total population of the proposed new school district.
1188          (ii) The determination of all matters relating to the scope, adequacy, and other aspects
1189     of a feasibility study under Subsection (2)(b)(i)(A), including whether to conduct a new
1190     feasibility study or revise a previous feasibility study due to a change in the proposed new
1191     school district boundaries, is within the exclusive discretion of the legislative bodies of the
1192     interlocal agreement participants that enter into an interlocal agreement to submit for voter
1193     approval a measure to create a new school district.
1194          (iii) An inadequacy of a feasibility study under Subsection (2)(b)(i)(A) may not be the
1195     basis of a legal action or other challenge to:
1196          (A) an election for voter approval of the creation of a new school district; or
1197          (B) the creation of the new school district.
1198          (iv) For purposes of determining whether the boundaries of a proposed new school
1199     district cross county lines under Subsection (2)(b)(i)(C)(IV):
1200          (A) a municipality located in more than one county and entirely within the boundaries
1201     of a single school district is considered to be entirely within the same county as other
1202     participants in an interlocal agreement under Subsection (2)(a) if more of the municipality's
1203     land area and population is located in that same county than outside the county; and
1204          (B) a municipality located in more than one county that participates in an interlocal
1205     agreement under Subsection (2)(a) with respect to some but not all of the area within the

1206     municipality's boundaries on the basis of the exception stated in Subsection (2)(d)(ii)(B) may
1207     not be considered to cross county lines.
1208          (c) (i) A county may only participate in an interlocal agreement under this Subsection
1209     (2) for the unincorporated areas of the county.
1210          (ii) Boundaries of a new school district created under this section may include:
1211          (A) a portion of one or more existing school districts; and
1212          (B) a portion of the unincorporated area of a county, including a portion of a township.
1213          (d) (i) As used in this Subsection (2)(d):
1214          (A) "Isolated area" means an area that:
1215          (I) is entirely within the boundaries of a municipality that, except for that area, is
1216     entirely within a school district different than the school district in which the area is located;
1217     and
1218          (II) would, because of the creation of a new school district from the existing district in
1219     which the area is located, become completely geographically isolated.
1220          (B) "Municipality's school district" means the school district that includes all of the
1221     municipality in which the isolated area is located except the isolated area.
1222          (ii) Notwithstanding Subsection (2)(b)(i)(C)(III), a municipality may be a participant in
1223     an interlocal agreement under Subsection (2)(a) with respect to some but not all of the area
1224     within the municipality's boundaries if:
1225          (A) the portion of the municipality proposed to be included in the new school district
1226     would, if not included, become an isolated area upon the creation of the new school district; or
1227          (B) (I) the portion of the municipality proposed to be included in the new school
1228     district is within the boundaries of the same school district that includes the other interlocal
1229     agreement participants; and
1230          (II) the portion of the municipality proposed to be excluded from the new school
1231     district is within the boundaries of a school district other than the school district that includes
1232     the other interlocal agreement participants.
1233          (iii) (A) Notwithstanding Subsection (2)(b)(i)(C)(II), a proposal to create a new school
1234     district may be submitted for voter approval pursuant to an interlocal agreement under
1235     Subsection (2)(a), even though the new school district boundaries would create an isolated
1236     area, if:

1237          (I) the potential isolated area is contiguous to one or more of the interlocal agreement
1238     participants;
1239          (II) the interlocal participants submit a written request to the municipality in which the
1240     potential isolated area is located, requesting the municipality to enter into an interlocal
1241     agreement under Subsection (2)(a) that proposes to submit for voter approval a measure to
1242     create a new school district that includes the potential isolated area; and
1243          (III) 90 days after a request under Subsection (2)(d)(iii)(A)(II) is submitted, the
1244     municipality has not entered into an interlocal agreement as requested in the request.
1245          (B) Each municipality receiving a request under Subsection (2)(d)(iii)(A)(II) shall hold
1246     one or more public hearings to allow input from the public and affected school districts
1247     regarding whether or not the municipality should enter into an interlocal agreement with
1248     respect to the potential isolated area.
1249          (C) (I) This Subsection (2)(d)(iii)(C) applies if:
1250          (Aa) a new school district is created under this section after a measure is submitted to
1251     voters based on the authority of Subsection (2)(d)(iii)(A); and
1252          (Bb) the creation of the new school district results in an isolated area.
1253          (II) The isolated area shall, on July 1 of the second calendar year following the local
1254     school board general election date described in Subsection (3)(a)(i), become part of the
1255     municipality's school district.
1256          (III) Unless the isolated area is the only remaining part of the existing district, the
1257     process described in Subsection (4) shall be modified to:
1258          (Aa) include a third transition team, appointed by the local school board of the
1259     municipality's school district, to represent that school district; and
1260          (Bb) require allocation of the existing district's assets and liabilities among the new
1261     district, the remaining district, and the municipality's school district.
1262          (IV) The existing district shall continue to provide educational services to the isolated
1263     area until July 1 of the second calendar year following the local school board general election
1264     date described in Subsection (3)(a)(i).
1265          (3) (a) If a proposal under this section is approved by voters:
1266          (i) an election shall be held at the next regular general election to elect:
1267          (A) members to the local school board of the existing school district whose terms are

1268     expiring;
1269          (B) all members to the local school board of the new school district; and
1270          (C) all members to the local school board of the remaining district;
1271          (ii) the assets and liabilities of the existing school district shall be divided between the
1272     remaining school district and the new school district as provided in Subsection (5) and Section
1273     [53A-2-121] 53G-3-307;
1274          (iii) transferred employees shall be treated in accordance with Sections [53A-2-116]
1275     53G-3-205 and [53A-2-122] 53G-3-308;
1276          (iv) (A) an individual residing within the boundaries of a new school district at the
1277     time the new school district is created may, for six school years after the creation of the new
1278     school district, elect to enroll in a secondary school located outside the boundaries of the new
1279     school district if:
1280          (I) the individual resides within the boundaries of that secondary school as of the day
1281     before the new school district is created; and
1282          (II) the individual would have been eligible to enroll in that secondary school had the
1283     new school district not been created; and
1284          (B) the school district in which the secondary school is located shall provide
1285     educational services, including, if provided before the creation of the new school district,
1286     busing, to each individual making an election under Subsection (3)(a)(iv)(A) for each school
1287     year for which the individual makes the election; and
1288          (v) within one year after the new district begins providing educational services, the
1289     superintendent of each remaining district affected and the superintendent of the new district
1290     shall meet, together with the Superintendent of Public Instruction, to determine if further
1291     boundary changes should be proposed in accordance with Section [53A-2-104] 53G-3-501.
1292          (b) (i) The terms of the initial members of the local school board of the new district and
1293     remaining district shall be staggered and adjusted by the county legislative body so that
1294     approximately half of the local school board is elected every two years.
1295          (ii) The term of a member of the existing local school board, including a member
1296     elected under Subsection (3)(a)(i)(A), terminates on July 1 of the second year after the local
1297     school board general election date described in Subsection (3)(a)(i), regardless of when the
1298     term would otherwise have terminated.

1299          (iii) Notwithstanding the existence of a local school board for the new district and a
1300     local school board for the remaining district under Subsection (3)(a)(i), the local school board
1301     of the existing district shall continue, until the time specified in Subsection [53A-2-118]
1302     53G-3-301(9)(b)(ii)(A), to function and exercise authority as a local school board to the extent
1303     necessary to continue to provide educational services to the entire existing district.
1304          (iv) An individual may simultaneously serve as or be elected to be a member of the
1305     local school board of an existing district and a member of the local school board of:
1306          (A) a new district; or
1307          (B) a remaining district.
1308          (4) (a) Within 45 days after the canvass date for the election at which voters approve
1309     the creation of a new district:
1310          (i) a transition team to represent the remaining district shall be appointed by the
1311     members of the existing local school board who reside within the area of the remaining district,
1312     in consultation with:
1313          (A) the legislative bodies of all municipalities in the area of the remaining district; and
1314          (B) the legislative body of the county in which the remaining district is located, if the
1315     remaining district includes one or more unincorporated areas of the county; and
1316          (ii) another transition team to represent the new district shall be appointed by:
1317          (A) for a new district located entirely within the boundaries of a single city, the
1318     legislative body of that city; or
1319          (B) for each other new district, the legislative bodies of all interlocal agreement
1320     participants.
1321          (b) The local school board of the existing school district shall, within 60 days after the
1322     canvass date for the election at which voters approve the creation of a new district:
1323          (i) prepare an inventory of the existing district's:
1324          (A) assets, both tangible and intangible, real and personal; and
1325          (B) liabilities; and
1326          (ii) deliver a copy of the inventory to each of the transition teams.
1327          (c) The transition teams appointed under Subsection (4)(a) shall:
1328          (i) determine the allocation of the existing district's assets and, except for indebtedness
1329     under Section [53A-2-121] 53G-3-307, liabilities between the remaining district and the new

1330     district in accordance with Subsection (5);
1331          (ii) prepare a written report detailing how the existing district's assets and, except for
1332     indebtedness under Section [53A-2-121] 53G-3-307, liabilities are to be allocated; and
1333          (iii) deliver a copy of the written report to:
1334          (A) the local school board of the existing district;
1335          (B) the local school board of the remaining district; and
1336          (C) the local school board of the new district.
1337          (d) The transition teams shall determine the allocation under Subsection (4)(c)(i) and
1338     deliver the report required under Subsection (4)(c)(ii) before August 1 of the year following the
1339     election at which voters approve the creation of a new district, unless that deadline is extended
1340     by the mutual agreement of:
1341          (i) the local school board of the existing district; and
1342          (ii) (A) the legislative body of the city in which the new district is located, for a new
1343     district located entirely within a single city; or
1344          (B) the legislative bodies of all interlocal agreement participants, for each other new
1345     district.
1346          (e) (i) All costs and expenses of the transition team that represents a remaining district
1347     shall be borne by the remaining district.
1348          (ii) All costs and expenses of the transition team that represents a new district shall
1349     initially be borne by:
1350          (A) the city whose legislative body appoints the transition team, if the transition team
1351     is appointed by the legislative body of a single city; or
1352          (B) the interlocal agreement participants, if the transition team is appointed by the
1353     legislative bodies of interlocal agreement participants.
1354          (iii) The new district may, to a maximum of $500,000, reimburse the city or interlocal
1355     agreement participants for:
1356          (A) transition team costs and expenses; and
1357          (B) startup costs and expenses incurred by the city or interlocal agreement participants
1358     on behalf of the new district.
1359          (5) (a) As used in this Subsection (5):
1360          (i) "Associated property" means furniture, equipment, or supplies located in or

1361     specifically associated with a physical asset.
1362          (ii) (A) "Discretionary asset or liability" means, except as provided in Subsection
1363     (5)(a)(ii)(B), an asset or liability that is not tied to a specific project, school, student, or
1364     employee by law or school district accounting practice.
1365          (B) "Discretionary asset or liability" does not include a physical asset, associated
1366     property, a vehicle, or bonded indebtedness.
1367          (iii) (A) "Nondiscretionary asset or liability" means, except as provided in Subsection
1368     (5)(a)(iii)(B), an asset or liability that is tied to a specific project, school, student, or employee
1369     by law or school district accounting practice.
1370          (B) "Nondiscretionary asset or liability" does not include a physical asset, associated
1371     property, a vehicle, or bonded indebtedness.
1372          (iv) "Physical asset" means a building, land, or water right together with revenue
1373     derived from the lease or use of the building, land, or water right.
1374          (b) Except as provided in Subsection (5)(c), the transition teams appointed under
1375     Subsection (4)(a) shall allocate all assets and liabilities the existing district owns on the
1376     allocation date, both tangible and intangible, real and personal, to the new district and
1377     remaining district as follows:
1378          (i) a physical asset and associated property shall be allocated to the school district in
1379     which the physical asset is located;
1380          (ii) a discretionary asset or liability shall be allocated between the new district and
1381     remaining district in proportion to the student populations of the school districts;
1382          (iii) a nondiscretionary asset shall be allocated to the school district where the project,
1383     school, student, or employee to which the nondiscretionary asset is tied will be located;
1384          (iv) vehicles used for pupil transportation shall be allocated:
1385          (A) according to the transportation needs of schools, as measured by the number and
1386     assortment of vehicles used to serve transportation routes serving schools within the new
1387     district and remaining district; and
1388          (B) in a manner that gives each school district a fleet of vehicles for pupil
1389     transportation that is equivalent in terms of age, condition, and variety of carrying capacities;
1390     and
1391          (v) other vehicles shall be allocated:

1392          (A) in proportion to the student populations of the school districts; and
1393          (B) in a manner that gives each district a fleet of vehicles that is similar in terms of age,
1394     condition, and carrying capacities.
1395          (c) By mutual agreement, the transition teams may allocate an asset or liability in a
1396     manner different than the allocation method specified in Subsection (5)(b).
1397          (6) (a) As used in this Subsection (6):
1398          (i) "New district startup costs" means:
1399          (A) costs and expenses incurred by a new district in order to prepare to begin providing
1400     educational services on July 1 of the second calendar year following the local school board
1401     general election date described in Subsection (3)(a)(i); and
1402          (B) the costs and expenses of the transition team that represents the new district.
1403          (ii) "Remaining district startup costs" means:
1404          (A) costs and expenses incurred by a remaining district in order to:
1405          (I) make necessary adjustments to deal with the impacts resulting from the creation of
1406     the new district; and
1407          (II) prepare to provide educational services within the remaining district once the new
1408     district begins providing educational services within the new district; and
1409          (B) the costs and expenses of the transition team that represents the remaining district.
1410          (b) (i) By January 1 of the year following the local school board general election date
1411     described in Subsection (3)(a)(i), the existing district shall make half of the undistributed
1412     reserve from its General Fund, to a maximum of $9,000,000, available for the use of the
1413     remaining district and the new district, as provided in this Subsection (6).
1414          (ii) The existing district may make additional funds available for the use of the
1415     remaining district and the new district beyond the amount specified in Subsection (6)(b)(i)
1416     through an interlocal agreement.
1417          (c) The existing district shall make the money under Subsection (6)(b) available to the
1418     remaining district and the new district proportionately based on student population.
1419          (d) The money made available under Subsection (6)(b) may be accessed and spent by:
1420          (i) for the remaining district, the local school board of the remaining district; and
1421          (ii) for the new district, the local school board of the new district.
1422          (e) (i) The remaining district may use its portion of the money made available under

1423     Subsection (6)(b) to pay for remaining district startup costs.
1424          (ii) The new district may use its portion of the money made available under Subsection
1425     (6)(b) to pay for new district startup costs.
1426          (7) (a) The existing district shall transfer title or, if applicable, partial title of property
1427     to the new school district in accordance with the allocation of property by the transition teams,
1428     as stated in the report under Subsection (4)(c)(ii).
1429          (b) The existing district shall complete each transfer of title or, if applicable, partial
1430     title to real property and vehicles by July 1 of the second calendar year following the local
1431     school board general election date described in Subsection (3)(a)(i), except as that date is
1432     changed by the mutual agreement of:
1433          (i) the local school board of the existing district;
1434          (ii) the local school board of the remaining district; and
1435          (iii) the local school board of the new district.
1436          (c) The existing district shall complete the transfer of all property not included in
1437     Subsection (7)(b) by November 1 of the second calendar year after the local school board
1438     general election date described in Subsection (3)(a)(i).
1439          (8) Except as provided in Subsections (6) and (7), after the creation election date an
1440     existing school district may not transfer or agree to transfer title to district property without the
1441     prior consent of:
1442          (a) the legislative body of the city in which the new district is located, for a new district
1443     located entirely within a single city; or
1444          (b) the legislative bodies of all interlocal agreement participants, for each other new
1445     district.
1446          (9) This section does not apply to the creation of a new district initiated through a
1447     citizens' initiative petition or at the request of a local school board under Section [53A-2-118]
1448     53G-3-301.
1449          Section 18. Section 53G-3-303, which is renumbered from Section 53A-2-118.2 is
1450     renumbered and amended to read:
1451          [53A-2-118.2].      53G-3-303. New school district property tax -- Limitations.
1452          (1) (a) A new school district created under Section [53A-2-118.1] 53G-3-302 may not
1453     impose a property tax prior to the fiscal year in which the new school district assumes

1454     responsibility for providing student instruction.
1455          (b) The remaining school district retains authority to impose property taxes on the
1456     existing school district, including the territory of the new school district, until the fiscal year in
1457     which the new school district assumes responsibility for providing student instruction.
1458          (2) (a) If at the time a new school district created pursuant to Section [53A-2-118.1]
1459     53G-3-302 assumes responsibility for student instruction any portion of the territory within the
1460     new school district was subject to a levy pursuant to Section [53A-17a-133] 53F-8-301, the
1461     new school district's board may:
1462          (i) discontinue the levy for the new school district;
1463          (ii) impose a levy on the new school district as provided in Section [53A-17a-133]
1464     53F-8-301; or
1465          (iii) impose the levy on the new school district, subject to Subsection (2)(b).
1466          (b) If the new school district's board applies a levy to the new school district pursuant
1467     to Subsection (2)(a)(iii), the levy may not exceed the maximum duration or rate authorized by
1468     the voters of the existing district or districts at the time of the vote to create the new school
1469     district.
1470          Section 19. Section 53G-3-304, which is renumbered from Section 53A-2-118.4 is
1471     renumbered and amended to read:
1472          [53A-2-118.4].      53G-3-304. Property tax levies in new district and remaining
1473     district -- Distribution of property tax revenue.
1474          (1) [As] Notwithstanding terms defined in Section 53G-3-102, as used in this section:
1475          (a) "Divided school district" or "existing district" means a school district from which a
1476     new district is created.
1477          (b) "New district" means a school district created under Section [53A-2-118.1]
1478     53G-3-302 after May 10, 2011.
1479          (c) "Property tax levy" means a property tax levy that a school district is authorized to
1480     impose, except:
1481          (i) the minimum basic rate imposed under Section [53A-17a-135] 53F-2-301;
1482          (ii) a debt service levy imposed under Section 11-14-310; or
1483          (iii) a judgment levy imposed under Section 59-2-1330.
1484          (d) "Qualifying taxable year" means the calendar year in which a new district begins to

1485     provide educational services.
1486          (e) "Remaining district" means an existing district after the creation of a new district.
1487          (2) A new district and remaining district shall continue to impose property tax levies
1488     that were imposed by the divided school district in the taxable year prior to the qualifying
1489     taxable year.
1490          (3) Except as provided in Subsection (6), a property tax levy that a new district and
1491     remaining district are required to impose under Subsection (2) shall be set at a rate that:
1492          (a) is uniform in the new district and remaining district; and
1493          (b) generates the same amount of revenue that was generated by the property tax levy
1494     within the divided school district in the taxable year prior to the qualifying taxable year.
1495          (4) (a) Except as provided in Subsection (4)(b), the county treasurer of the county in
1496     which a property tax levy is imposed under Subsection (2) shall distribute revenues generated
1497     by the property tax levy to the new district and remaining district in proportion to the
1498     percentage of the divided school district's enrollment on the October 1 prior to the new district
1499     commencing educational services that were enrolled in schools currently located in the new
1500     district or remaining district.
1501          (b) The county treasurer of a county of the first class shall distribute revenues
1502     generated by a capital local levy of .0006 that a school district in a county of the first class is
1503     required to impose under Section [53A-16-113] 53F-8-303 in accordance with the distribution
1504     method specified in Section 53A-16-114.
1505          (5) On or before March 31, a county treasurer shall distribute revenues generated by a
1506     property tax levy imposed under Subsection (2) in the prior calendar year to a new district and
1507     remaining district as provided in Subsection (4).
1508          (6) (a) Subject to the notice and public hearing requirements of Section 59-2-919, a
1509     new district or remaining district may set a property tax rate higher than the rate required by
1510     Subsection (3), up to:
1511          (i) the maximum rate, if any, allowed by law; or
1512          (ii) the maximum rate authorized by voters for a voted local levy under Section
1513     [53A-17a-133] 53F-8-301.
1514          (b) The revenues generated by the portion of a property tax rate in excess of the rate
1515     required by Subsection (3) shall be retained by the district that imposes the higher rate.

1516          Section 20. Section 53G-3-305, which is renumbered from Section 53A-2-119 is
1517     renumbered and amended to read:
1518          [53A-2-119].      53G-3-305. Reapportionment -- Local school board
1519     membership.
1520          (1) Upon the creation of a new school district, the county legislative body shall
1521     reapportion the affected school districts pursuant to Section 20A-14-201.
1522          (2) Except as provided in Section [53A-2-118.1] 53G-3-302, school board membership
1523     in the affected school districts shall be determined under Title 20A, Chapter 14, Part 2,
1524     Election of Members of Local Boards of Education.
1525          Section 21. Section 53G-3-306, which is renumbered from Section 53A-2-120 is
1526     renumbered and amended to read:
1527          [53A-2-120].      53G-3-306. Transfer of school property to new school
1528     district.
1529          (1) (a) (i) On July 1 of the year following the school board elections for a new district
1530     created pursuant to a citizens' initiative petition or school board request under Section
1531     [53A-2-118] 53G-3-301 and an existing district as provided in Section [53A-2-119]
1532     53G-3-305, the board of the existing district shall convey and deliver to the board of the new
1533     district all school property which the new district is entitled to receive.
1534          (ii) Any disagreements as to the disposition of school property shall be resolved by the
1535     county legislative body.
1536          (iii) Subsection (1)(a)(ii) does not apply to disagreements between transition teams
1537     about the proper allocation of property under Subsection [53A-2-118.1] 53G-3-302(4).
1538          (b) An existing district shall transfer property to a new district created under Section
1539     [53A-2-118.1] 53G-3-302 in accordance with Section [53A-2-118.1] 53G-3-302.
1540          (2) Title vests in the new school board, including all rights, claims, and causes of
1541     action to or for the property, for the use or the income from the property, for conversion,
1542     disposition, or withholding of the property, or for any damage or injury to the property.
1543          (3) The new school board may bring and maintain actions to recover, protect, and
1544     preserve the property and rights of the district's schools and to enforce contracts.
1545          Section 22. Section 53G-3-307, which is renumbered from Section 53A-2-121 is
1546     renumbered and amended to read:

1547          [53A-2-121].      53G-3-307. Tax to pay for indebtedness of divided school
1548     district.
1549          (1) (a) For a new district created prior to May 10, 2011, the local school boards of the
1550     remaining and new districts shall determine the portion of the divided school district's bonded
1551     indebtedness and other indebtedness for which the property within the new district remains
1552     subject to the levy of taxes to pay a proportionate share of the divided school district's
1553     outstanding indebtedness.
1554          (b) The proportionate share of the divided school district's outstanding indebtedness for
1555     which property within the new district remains subject to the levy of taxes shall be calculated
1556     by determining the proportion that the total assessed valuation of the property within the new
1557     district bears to the total assessed valuation of the divided school district:
1558          (i) in the year immediately preceding the date the new district was created; or
1559          (ii) at a time mutually agreed upon by the local school boards of the new district and
1560     the remaining district.
1561          (c) The agreement reflecting the determinations made under this Subsection (1) shall
1562     take effect upon being filed with the county legislative body and the State Board of Education.
1563          (2) (a) Except as provided in Subsection (2)(b), the local school board of a new district
1564     created prior to May 10, 2011 shall levy a tax on property within the new district sufficient to
1565     pay the new district's proportionate share of the indebtedness determined under Subsection (1).
1566          (b) If a new district has money available to pay the new district's proportionate share of
1567     the indebtedness determined under Subsection (1), the new district may abate a property tax to
1568     the extent of money available.
1569          (3) As used in Subsections (4) and (5), "outstanding bonded indebtedness" means debt
1570     owed for a general obligation bond issued by the divided school district:
1571          (a) prior to the creation of the new district; or
1572          (b) in accordance with a mutual agreement of the local school boards of the remaining
1573     and new districts under Subsection (6).
1574          (4) If a new district is created on or after May 10, 2011, property within the new
1575     district and the remaining district is subject to the levy of a tax to pay the divided school
1576     district's outstanding bonded indebtedness as provided in Subsection (5).
1577          (5) (a) Except as provided in Subsection (5)(b), the local school board of the new

1578     district and the local school board of the remaining district shall impose a tax levy at a rate that:
1579          (i) generates from the combined districts the amount of revenue required each year to
1580     meet the outstanding bonded indebtedness of the divided school district; and
1581          (ii) is uniform within the new district and remaining district.
1582          (b) A local school board of a new district may abate a property tax required to be
1583     imposed under Subsection (5)(a) to the extent the new district has money available to pay to
1584     the remaining district the amount of revenue that would be generated within the new district
1585     from the tax rate specified in Subsection (5)(a).
1586          (6) (a) The local school boards of the remaining and new districts shall determine by
1587     mutual agreement the disposition of bonds approved but not issued by the divided school
1588     district before the creation of the new district based primarily on the representation made to the
1589     voters at the time of the bond election.
1590          (b) Before a determination is made under Subsection (6)(a), a remaining district may
1591     not issue bonds approved but not issued before the creation of the new district if property in the
1592     new district would be subject to the levy of a tax to pay the bonds.
1593          Section 23. Section 53G-3-308, which is renumbered from Section 53A-2-122 is
1594     renumbered and amended to read:
1595          [53A-2-122].      53G-3-308. Employees of a new district.
1596          (1) Upon the creation of a new district:
1597          (a) an employee of an existing district who is employed at a school that is transferred to
1598     the new district shall become an employee of the new district; and
1599          (b) the school board of the new district shall:
1600          (i) have discretion in the hiring of all other staff;
1601          (ii) adopt the personnel policies and practices of the existing district, including salary
1602     schedules and benefits; and
1603          (iii) enter into agreements with employees of the new district, or their representatives,
1604     that have the same terms as those in the negotiated agreements between the existing district and
1605     its employees.
1606          (2) (a) Subject to Subsection (2)(b), an employee of a school district from which a new
1607     district is created who becomes an employee of the new district shall retain the same status as a
1608     career or provisional employee with accrued seniority and accrued benefits.

1609          (b) Subsection (2)(a) applies to:
1610          (i) employees of an existing district who are transferred to a new district pursuant to
1611     Subsection (1)(a); and
1612          (ii) employees of a school district from which a new district is created who are hired by
1613     the new district within one year of the date of the creation of the new district.
1614          (3) An employee who is transferred to a new district pursuant to Subsection (1)(a) and
1615     is rehired by the existing district within one year of the date of the creation of the new district
1616     shall, when rehired by the existing district, retain the same status as a career or provisional
1617     employee with accrued seniority and accrued benefits.
1618          Section 24. Section 53G-3-401, which is renumbered from Section 53A-2-102 is
1619     renumbered and amended to read:
1620     
Part 4. Consolidating School Districts

1621          [53A-2-102].      53G-3-401. Consolidation of school districts -- Resolution by
1622     school board members -- Petition by electors -- Election.
1623          (1) Two or more school districts may unite and form a single school district in one of
1624     the following ways:
1625          (a) a majority of the members of each of the boards of education of the affected
1626     districts shall approve and present to the county legislative body of the affected counties a
1627     resolution to consolidate the districts. Once this is done, consolidation shall be established
1628     under this chapter; or
1629          (b) a majority of the members of the board of education of each affected district, or
1630     15% of the qualified electors in each of the affected districts, shall sign and present a petition to
1631     the county legislative body of each affected county. The question shall be voted upon at an
1632     election called for that purpose, which shall be the next general or municipal election.
1633     Consolidation shall occur if a majority of those voting on the question in each district favor
1634     consolidation.
1635          (2) The elections required under Subsection (1)(b) shall be conducted and the returns
1636     canvassed as provided by election laws.
1637          Section 25. Section 53G-3-402, which is renumbered from Section 53A-2-103 is
1638     renumbered and amended to read:
1639          [53A-2-103].      53G-3-402. Transfer of property to new school district --

1640     Rights and obligations of new school board -- Outstanding indebtedness -- Special tax.
1641          (1) On July 1 following the approval of the creation of a new school district under
1642     Section [53A-2-102] 53G-3-401, the local school boards of the former districts shall convey
1643     and deliver all school property to the local school board of the new district. Title vests in the
1644     new board. All rights, claims, and causes of action to or for the property, for the use or the
1645     income from the property, for conversion, disposition, or withholding of the property, or for
1646     any damage or injury to the property vest at once in the new board.
1647          (2) The new board may bring and maintain actions to recover, protect, and preserve the
1648     property and rights of the district schools and to enforce contracts.
1649          (3) The new board shall assume and be liable for all outstanding debts and obligations
1650     of each of the former school districts.
1651          (4) All of the bonded indebtedness, outstanding debts, and obligations of a former
1652     district, which cannot be reasonably paid from the assets of the former district, shall be paid by
1653     a special tax levied by the new board as needed. The tax shall be levied upon the property
1654     within the former district which was liable for the indebtedness at the time of consolidation. If
1655     bonds are approved in the new district under Section [53A-18-102] 53G-4-603, the special tax
1656     shall be discontinued and the bonded indebtedness paid as any other bonded indebtedness of
1657     the new district.
1658          (5) Bonded indebtedness of a former district which has been refunded shall be paid in
1659     the same manner as that which the new district assumes under Section [53A-18-101]
1660     53G-4-602.
1661          (6) State funds received by the new district under Section [53A-21-202] 53F-3-202
1662     may be applied toward the payment of outstanding bonded indebtedness of a former district in
1663     the same proportion as the bonded indebtedness of the territory within the former district bears
1664     to the total bonded indebtedness of the districts combined.
1665          Section 26. Section 53G-3-403, which is renumbered from Section 53A-2-113 is
1666     renumbered and amended to read:
1667          [53A-2-113].      53G-3-403. School district consolidation -- State funding of
1668     consolidated districts.
1669          When districts consolidate, payments made by the state under [Title 53A, Chapter 17a,
1670     Minimum School Program Act] Title 53F, Public Education System -- Funding , shall continue

1671     for a period of five years from the date of consolidation on the same basis as if no
1672     consolidation had occurred. At the end of the five-year period, the consolidated district shall
1673     receive funding as a single district.
1674          Section 27. Section 53G-3-404, which is renumbered from Section 53A-2-114 is
1675     renumbered and amended to read:
1676          [53A-2-114].      53G-3-404. Additional levies -- School board options to
1677     abolish or continue after consolidation.
1678          (1) If a school district that has approved an additional levy under Section
1679     [53A-17a-133] 53F-8-301 is consolidated with a district which does not have such a levy, the
1680     board of education of the consolidated district may choose to abolish the levy, or apply it in
1681     whole or in part to the entire consolidated district.
1682          (2) If the board chooses to apply any part of the levy to the entire district, the levy may
1683     continue in force for no more than three years, unless approved by the electors of the
1684     consolidated district in the manner set forth in Section [53A-17a-133] 53F-8-301.
1685          Section 28. Section 53G-3-501, which is renumbered from Section 53A-2-104 is
1686     renumbered and amended to read:
1687     
Part 5. Restructuring a School District

1688          [53A-2-104].      53G-3-501. Transfer of a portion of a school district -- Board
1689     resolution -- Board petition -- Elector petition -- Transfer election.
1690          (1) Part of a school district may be transferred to another district in one of the
1691     following ways:
1692          (a) presentation to the county legislative body of each of the affected counties of a
1693     resolution requesting the transfer, approved by at least four-fifths of the members of the local
1694     board of education of each affected school district;
1695          (b) presentation to the county legislative body of each affected county of a petition
1696     requesting that the electors vote on the transfer, signed by a majority of the members of the
1697     local school board of each affected school district; or
1698          (c) presentation to the county legislative body of each affected county of a petition
1699     requesting that the electors vote on the transfer, signed by 15% of the qualified electors in each
1700     of the affected school districts within that county.
1701          (2) (a) If an annexation of property by a city would result in its residents being served

1702     by more than one school district, then the presidents of the affected local school boards shall
1703     meet within 60 days prior to the effective date of the annexation to determine whether it would
1704     be advisable to adjust school district boundaries to permit all residents of the expanded city to
1705     be served by a single school district.
1706          (b) Upon conclusion of the meeting, the local school board presidents shall prepare a
1707     recommendation for presentation to their respective boards as soon as reasonably possible.
1708          (c) The boards may then initiate realignment proceedings under Subsection (1)(a) or
1709     (b).
1710          (d) If a local board rejects realignment under Subsection (1)(a) or (b), the other board
1711     may initiate the following procedures by majority vote within 60 days of the vote rejecting
1712     realignment:
1713          (i) (A) within 30 days after a vote to initiate these procedures, each local board shall
1714     appoint one member to a boundary review committee; or
1715          (B) if the local board becomes deadlocked in selecting the appointee under Subsection
1716     (2)(d)(i)(A), the board's chair shall make the appointment or serve as the appointee to the
1717     review committee.
1718          (ii) The two local board-appointed members of the committee shall meet and appoint a
1719     third member of the committee.
1720          (iii) If the two local board-appointed members are unable to agree on the appointment
1721     of a third member within 30 days after both are appointed, the State Superintendent of Public
1722     Instruction shall appoint the third member.
1723          (iv) The committee shall meet as necessary to prepare recommendations concerning
1724     resolution of the realignment issue, and shall submit the recommendations to the affected local
1725     boards within six months after the appointment of the third member of the committee.
1726          (v) If a majority of the members of each local board accepts the recommendation of the
1727     committee, or accepts the recommendation after amendment by the boards, then the accepted
1728     recommendation shall be implemented.
1729          (vi) If the committee fails to submit its recommendation within the time allotted, or if
1730     one local board rejects the recommendation, the affected boards may agree to extend the time
1731     for the committee to prepare an acceptable recommendation or either board may request the
1732     State Board of Education to resolve the question.

1733          (vii) If the committee has submitted a recommendation which the state board finds to
1734     be reasonably supported by the evidence, the state board shall adopt the committee's
1735     recommendation.
1736          (viii) The decision of the state board is final.
1737          (3) (a) The electors of each affected district shall vote on the transfer requested under
1738     Subsection (1)(b) or (c) at an election called for that purpose, which may be the next general
1739     election.
1740          (b) The election shall be conducted and the returns canvassed as provided by election
1741     law.
1742          (c) A transfer is effected only if a majority of votes cast by the electors in both the
1743     proposed transferor district and in the proposed transferee district are in favor of the transfer.
1744          Section 29. Section 53G-3-502, which is renumbered from Section 53A-2-105 is
1745     renumbered and amended to read:
1746          [53A-2-105].      53G-3-502. Transfer of school property -- Indebtedness on
1747     transferred property.
1748          (1) If a transfer of a portion of one school district to another school district is approved
1749     under Section [53A-2-104] 53G-3-501, the state superintendent and the superintendents and
1750     presidents of the boards of education of each of the affected school districts shall determine the
1751     basis for a transfer of all school property reasonably and fairly allocable to that portion being
1752     transferred.
1753          (2) (a) Title to property transferred vests in the transferee board of education.
1754          (b) The transfer of a school building that is in operation at the time of determination
1755     shall be made at the close of a fiscal year.
1756          (c) The transfer of all other school property shall be made five days after approval of
1757     the transfer of territory under Section [53A-2-104] 53G-3-501.
1758          (3) (a) The individuals referred to in Subsection (1) shall determine the portion of
1759     bonded indebtedness and other indebtedness of the transferor board for which the transferred
1760     property remains subject to the levy of taxes to pay a proportionate share of the outstanding
1761     indebtedness of the transferor board.
1762          (b) This is done by:
1763          (i) determining the amount of the outstanding bonded indebtedness and other

1764     indebtedness of the transferor board of education;
1765          (ii) determining the total taxable value of the property of the transferor district and the
1766     taxable value of the property to be transferred; and
1767          (iii) calculating the portion of the indebtedness of the transferor board for which the
1768     transferred portion retains liability.
1769          (4) (a) The agreement reflecting these determinations takes effect upon being filed with
1770     the State Board of Education.
1771          (b) The transferred property remains subject to the levy of taxes to pay a proportionate
1772     share of the outstanding indebtedness of the transferor school board.
1773          (c) The transferee school board may assume the obligation to pay the proportionate
1774     share of the transferor school board's indebtedness that has been determined under Subsection
1775     (3) to be the obligation of the transferred portion by the approval of a resolution by a majority
1776     of the qualified electors of the transferee school district at an election called and held for that
1777     purpose under Title 11, Chapter 14, Local Government Bonding Act.
1778          (5) If the transferee school district assumes the obligation to pay this proportionate
1779     share of the transferor school board's indebtedness, the transferee school board shall levy a tax
1780     in the whole of the transferee district, including the transferred portion, sufficient to pay the
1781     assumed indebtedness, and shall turn over the proceeds of the tax to the business administrator
1782     of the transferor board.
1783          (6) If the transferee school board does not assume this obligation, the transferee school
1784     board shall levy a tax on the transferred territory sufficient to pay the proportionate share of the
1785     indebtedness determined under this section, and shall turn over the proceeds of the tax to the
1786     business administrator of the transferor board.
1787          (7) For the purposes of school districts affected by repealed laws governing the
1788     annexation of an unincorporated area of a school district by a city which included what was
1789     formerly known as a city school district, transitions of unincorporated areas and property from
1790     the transferor district to the transferee district in progress on the effective date of this act shall
1791     revert to the boundaries and ownership prior to the initiation of annexation and may then
1792     proceed under this section and Section [53A-2-104] 53G-3-501.
1793          Section 30. Section 53G-3-503, which is renumbered from Section 53A-2-115 is
1794     renumbered and amended to read:

1795          [53A-2-115].      53G-3-503. Additional levies in transferred territory --
1796     Transferee board option to abolish or continue.
1797          If two or more districts undergo restructuring that results in a district receiving territory
1798     that increases the population of the district by at least 25%, and if the transferred territory was,
1799     at the time of transfer, subject to an additional levy under Section [53A-17a-133] 53F-8-301,
1800     the board of education of the transferee district may abolish the levy or apply the levy in whole
1801     or in part to the entire restructured district. Any such levy made applicable to the entire district
1802     may continue in force for no more than five years, unless approved by the electors of the
1803     restructured district in the manner set forth in Section [53A-17a-133] 53F-8-301.
1804          Section 31. Section 53G-4-101 is enacted to read:
1805     
CHAPTER 4. SCHOOL DISTRICTS

1806     
Part 1. General Provisions

1807          53G-4-101. Title.
1808          This chapter is known as "School Districts."
1809          Section 32. Section 53G-4-102 is enacted to read:
1810          53G-4-102. Definitions.
1811          Reserved
1812          Section 33. Section 53G-4-201, which is renumbered from Section 53A-3-101 is
1813     renumbered and amended to read:
1814     
Part 2. Local School Board Organization and Meetings

1815          [53A-3-101].      53G-4-201. Selection and election of members to local boards
1816     of education.
1817          Members of local boards of education shall be elected as provided in Title 20A,
1818     Chapter 14, Nomination and Election of State and Local School Boards.
1819          Section 34. Section 53G-4-202, which is renumbered from Section 53A-3-106 is
1820     renumbered and amended to read:
1821          [53A-3-106].      53G-4-202. Local school board meetings -- Rules of order
1822     and procedure -- Location requirements -- Expulsion of members prohibited --
1823     Exceptions.
1824          (1) As used in this section:
1825          (a) "Disaster" means an event that:

1826          (i) causes, or threatens to cause, loss of life, human suffering, public or private property
1827     damage, or economic or social disruption resulting from attack, internal disturbance, natural
1828     phenomenon, or technological hazard; and
1829          (ii) requires resources that are beyond the scope of local agencies in routine responses
1830     to emergencies and accidents and may be of a magnitude or involve unusual circumstances that
1831     require a response by a governmental, not-for-profit, or private entity.
1832          (b) "Local emergency" means a condition in any municipality or county of the state that
1833     requires that emergency assistance be provided by the affected municipality or county or
1834     another political subdivision to save lives and protect property within its jurisdiction in
1835     response to a disaster or to avoid or reduce the threat of a disaster.
1836          (c) "Rules of order and procedure" means a set of rules that governs and prescribes in a
1837     public meeting:
1838          (i) parliamentary order and procedure;
1839          (ii) ethical behavior; and
1840          (iii) civil discourse.
1841          (2) Subject to Subsection (4), a local school board [or charter school governing board]
1842     shall:
1843          (a) adopt rules of order and procedure to govern a public meeting of the local school
1844     board;
1845          (b) conduct a public meeting in accordance with the rules of order and procedure
1846     described in Subsection (2)(a); and
1847          (c) make the rules of order and procedure described in Subsection (2)(a) available to
1848     the public:
1849          (i) at each public meeting of the local school board; and
1850          (ii) on the local school board's public website, if available.
1851          (3) (a) Except as provided in Subsections (3)(b) and (c), a local school board may not
1852     hold a public meeting outside of the geographic boundary of the local school board's school
1853     district.
1854          (b) A local school board may hold a public meeting outside of the geographic boundary
1855     of the local school board's school district if it is necessary for the local school board to hold a
1856     meeting during a disaster or local emergency.

1857          (c) A local school board may hold a public meeting outside of the geographic boundary
1858     of the local school board's school district to conduct a site visit if:
1859          (i) the location of the site visit provides the local school board members the
1860     opportunity to see or experience an activity that:
1861          (A) relates to the local school board's responsibilities; and
1862          (B) does not exist within the geographic boundaries of the local school board's school
1863     district; and
1864          (ii) the local school board does not vote or take other action during the public meeting
1865     held at the site visit location.
1866          (d) This Subsection (3) does not apply to a charter school governing board.
1867          (4) The requirements of this section do not affect a local school [board or charter
1868     school governing] board's duty to comply with Title 52, Chapter 4, Open and Public Meetings
1869     Act.
1870          (5) (a) Except as provided in Subsection (5)(b), a local school board may not expel a
1871     member of the school board from an open public meeting or prohibit the member from
1872     attending an open public meeting.
1873          (b) Except as provided in Subsection (5)(c), following a two-thirds vote of the
1874     members of the local school board, the local school board may fine or expel a member of the
1875     local school board for:
1876          (i) disorderly conduct at the open public meeting;
1877          (ii) a member's direct or indirect financial conflict of interest regarding an issue
1878     discussed at or action proposed to be taken at the open public meeting; or
1879          (iii) a commission of a crime during the open public meeting.
1880          (c) A local school board may adopt rules or ordinances that expand the reasons or
1881     establish more restrictive procedures for the expulsion of a member from a public meeting.
1882          Section 35. Section 53G-4-203, which is renumbered from Section 53A-3-201 is
1883     renumbered and amended to read:
1884          [53A-3-201].      53G-4-203. Election of officers -- Terms -- Time of election --
1885     Removal of officers -- Quorum requirements.
1886          (1) A local school board shall elect a president and a vice-president whose terms of
1887     office are for two years and until their successors are elected.

1888          (2) The elections shall be held during the first board meeting in January following a
1889     regular school board election held in the district.
1890          (3) An officer appointed or elected by a local school board may be removed from
1891     office for cause by a vote of two-thirds of the board.
1892          (4) When a vacancy occurs in the office of president or vice president of the board for
1893     any reason, a replacement shall be elected for the unexpired term.
1894          (5) Attendance of a simple majority of the board members constitutes a quorum for the
1895     transaction of official business.
1896          Section 36. Section 53G-4-204, which is renumbered from Section 53A-3-202 is
1897     renumbered and amended to read:
1898          [53A-3-202].      53G-4-204. Compensation for services -- Additional per diem
1899     -- Approval of expenses.
1900          (1) Each member of a local school board, except the student member, shall receive
1901     compensation for services and for necessary expenses in accordance with board compensation
1902     schedules adopted by the local school board in accordance with the provisions of this section.
1903          (2) Beginning on July 1, 2007, if a local school board decides to adopt or amend its
1904     board compensation schedules, the board shall set a time and place for a public hearing at
1905     which all interested persons shall be given an opportunity to be heard.
1906          (3) Notice of the time, place, and purpose of the meeting shall be provided at least
1907     seven days prior to the meeting by:
1908          (a) (i) publication at least once in a newspaper published in the county where the
1909     school district is situated and generally circulated within the school district; and
1910          (ii) publication on the Utah Public Notice Website created in Section 63F-1-701; and
1911          (b) posting a notice:
1912          (i) at each school within the school district;
1913          (ii) in at least three other public places within the school district; and
1914          (iii) on the Internet in a manner that is easily accessible to citizens that use the Internet.
1915          (4) After the conclusion of the public hearing, the local school board may adopt or
1916     amend its board compensation schedules.
1917          (5) Each member shall submit an itemized account of necessary travel expenses for
1918     board approval.

1919          (6) A local school board may, without following the procedures described in
1920     Subsections (2) and (3), continue to use the compensation schedule that was in effect prior to
1921     July 1, 2007 until, at the discretion of the board, the compensation schedule is amended or a
1922     new compensation schedule is adopted.
1923          Section 37. Section 53G-4-205, which is renumbered from Section 53A-3-204 is
1924     renumbered and amended to read:
1925          [53A-3-204].      53G-4-205. Duties of president.
1926          (1) The president of each local school board shall preside at all meetings of the board,
1927     appoint all committees, and sign all warrants ordered by the board to be drawn upon the
1928     business administrator for school money.
1929          (2) If the president is absent or acquires a disability, these duties are performed by the
1930     vice president.
1931          Section 38. Section 53G-4-301, which is renumbered from Section 53A-3-301 is
1932     renumbered and amended to read:
1933     
Part 3. Local School Board Administrative Officers

1934          [53A-3-301].      53G-4-301. Superintendent of schools -- Appointment --
1935     Qualifications -- Term -- Compensation.
1936          (1) Subject to Subsection (8), a local school board shall appoint a district
1937     superintendent of schools who serves as the local school board's chief executive officer.
1938          (2) A local school board shall appoint the superintendent on the basis of outstanding
1939     professional qualifications.
1940          (3) (a) A superintendent's term of office is for two years and until, subject to
1941     Subsection (8), a successor is appointed and qualified.
1942          (b) A local school board that appoints a superintendent in accordance with this section
1943     may not, on or after May 10, 2011, enter into an employment contract that contains an
1944     automatic renewal provision with the superintendent.
1945          (4) Unless a vacancy occurs during an interim vacancy period subject to Subsection (8),
1946     if it becomes necessary to appoint an interim superintendent due to a vacancy in the office of
1947     superintendent, the local school board shall make an appointment during a public meeting for
1948     an indefinite term not to exceed one year, which term shall end upon the appointment and
1949     qualification of a new superintendent.

1950          (5) (a) The superintendent shall hold an administrative/supervisory license issued by
1951     the State Board of Education, except as otherwise provided in Subsection (5)(b).
1952          (b) At the request of a local school board, the State Board of Education shall grant a
1953     letter of authorization permitting a person with outstanding professional qualifications to serve
1954     as superintendent without holding an administrative/supervisory license.
1955          (6) A local school board shall set the superintendent's compensation for services.
1956          (7) A superintendent qualifies for office by taking the constitutional oath of office.
1957          (8) (a) As used in this Subsection (8), "interim vacancy period" means the period of
1958     time that:
1959          (i) begins on the day on which a general election described in Section 20A-1-202 is
1960     held to elect a member of a local school board; and
1961          (ii) ends on the day on which the member-elect begins the member's term.
1962          (b) (i) The local school board may not appoint a superintendent during an interim
1963     vacancy period.
1964          (ii) Notwithstanding Subsection (8)(b)(i):
1965          (A) the local school board may appoint an interim superintendent during an interim
1966     vacancy period; and
1967          (B) the interim superintendent's term shall expire once a new superintendent is
1968     appointed by the new local school board after the interim vacancy period has ended.
1969          (c) Subsection (8)(b) does not apply if all the local school board members who held
1970     office on the day of the general election whose term of office was vacant for the election are
1971     re-elected to the local school board for the following term.
1972          Section 39. Section 53G-4-302, which is renumbered from Section 53A-3-302 is
1973     renumbered and amended to read:
1974          [53A-3-302].      53G-4-302. Business administrator -- Term -- Oath.
1975          (1) Subject to Subsection (5), a local school board shall appoint a business
1976     administrator.
1977          (2) (a) The business administrator's term of office is for two years and until, subject to
1978     Subsection (5), a successor is appointed and qualified.
1979          (b) A local school board that appoints a business administrator in accordance with this
1980     section may not, on or after May 8, 2012, enter into an employment contract that contains an

1981     automatic renewal provision with the business administrator.
1982          (3) Unless a vacancy occurs during an interim vacancy period subject to Subsection
1983     (5), if it becomes necessary to appoint an interim business manager due to a vacancy in the
1984     office of business administrator, then the local school board shall make an appointment during
1985     a public meeting for an indefinite term not to exceed one year, which term shall end upon the
1986     appointment and qualification of a new business manager.
1987          (4) The business administrator qualifies for office by taking the constitutional oath of
1988     office.
1989          (5) (a) As used in this Subsection (5), "interim vacancy period" means the period of
1990     time that:
1991          (i) begins on the day on which a general election described in Section 20A-1-202 is
1992     held to elect a member of a local school board; and
1993          (ii) ends on the day on which the member-elect begins the member's term.
1994          (b) (i) A local school board may not appoint a business administrator during an interim
1995     vacancy period.
1996          (ii) Notwithstanding Subsection (5)(b)(i):
1997          (A) the local school board may appoint an interim business administrator during an
1998     interim vacancy period; and
1999          (B) the interim business administrator's term shall expire once a new business
2000     administrator is appointed by the new local school board after the interim vacancy period has
2001     ended.
2002          (c) Subsection (5)(b) does not apply if all the local school board members who held
2003     office on the day of the general election whose term of office was vacant for the election are
2004     reelected to the local school board for the following term.
2005          Section 40. Section 53G-4-303, which is renumbered from Section 53A-3-303 is
2006     renumbered and amended to read:
2007          [53A-3-303].      53G-4-303. Duties of business administrator.
2008          Subject to the direction of the district superintendent of schools, the district's business
2009     administrator shall:
2010          (1) attend all meetings of the board, keep an accurate record of its proceedings, and
2011     have custody of the seal and records;

2012          (2) be custodian of all district funds, be responsible and accountable for all money
2013     received and disbursed, and keep accurate records of all revenues received and their sources;
2014          (3) countersign with the president of the board all warrants and claims against the
2015     district as well as other legal documents approved by the board;
2016          (4) prepare and submit to the board each month a written report of the district's receipts
2017     and expenditures;
2018          (5) use uniform budgeting, accounting, and auditing procedures and forms approved by
2019     the State Board of Education, which shall be in accordance with generally accepted accounting
2020     principles or auditing standards and Title 63J, Chapter 1, Budgetary Procedures Act;
2021          (6) prepare and submit to the board a detailed annual statement for the period ending
2022     June 30, of the revenue and expenditures, including beginning and ending fund balances;
2023          (7) assist the superintendent in the preparation and submission of budget documents
2024     and statistical and fiscal reports required by law or the State Board of Education;
2025          (8) insure that adequate internal controls are in place to safeguard the district's funds;
2026     and
2027          (9) perform other duties as the superintendent may require.
2028          Section 41. Section 53G-4-304, which is renumbered from Section 53A-3-304 is
2029     renumbered and amended to read:
2030          [53A-3-304].      53G-4-304. Other board officers.
2031          (1) A board may appoint other necessary officers who serve at the pleasure of the
2032     board.
2033          (2) These officers shall qualify by taking the constitutional oath of office before
2034     assuming office.
2035          Section 42. Section 53G-4-401, which is renumbered from Section 53A-3-401 is
2036     renumbered and amended to read:
2037     
Part 4. Local School Board Powers and Miscellaneous Duties

2038          [53A-3-401].      53G-4-401. Boards of education are bodies corporate -- Seal
2039     -- Authority to sue -- Conveyance of property -- Duty to residents of the local school
2040     board member's district -- Establishment of public education foundation .
2041          (1) As used in this section, "body corporate" means a public corporation and legal
2042     subdivision of the state, vested with the powers and duties of a government entity as specified

2043     in this chapter.
2044          (2) The board of education of a school district is a body corporate under the name of
2045     the "Board of Education of .......... School District" (inserting the proper name), and shall have
2046     an official seal conformable to its name.
2047          (3) The seal is used by its business administrator in the authentication of all required
2048     matters.
2049          (4) A local school board may sue and be sued, and may take, hold, lease, sell, and
2050     convey real and personal property as the interests of the schools may require.
2051          (5) Notwithstanding a local school board's status as a body corporate, an elected
2052     member of a local school board serves and represents the residents of the local school board
2053     member's district, and that service and representation may not be restricted or impaired by the
2054     local school board member's membership on, or obligations to, the local school board.
2055          (6) A local school board may establish a foundation in accordance with Section
2056     53E-3-403.
2057          Section 43. Section 53G-4-402, which is renumbered from Section 53A-3-402 is
2058     renumbered and amended to read:
2059          [53A-3-402].      53G-4-402. Powers and duties generally.
2060          (1) A local school board shall:
2061          (a) implement the core standards for Utah public schools using instructional materials
2062     that best correlate to the core standards for Utah public schools and graduation requirements;
2063          (b) administer tests, required by the State Board of Education, which measure the
2064     progress of each student, and coordinate with the state superintendent and State Board of
2065     Education to assess results and create plans to improve the student's progress, which shall be
2066     submitted to the State Board of Education for approval;
2067          (c) use progress-based assessments as part of a plan to identify schools, teachers, and
2068     students that need remediation and determine the type and amount of federal, state, and local
2069     resources to implement remediation;
2070          (d) develop early warning systems for students or classes failing to make progress;
2071          (e) work with the State Board of Education to establish a library of documented best
2072     practices, consistent with state and federal regulations, for use by the local districts; and
2073          (f) implement training programs for school administrators, including basic

2074     management training, best practices in instructional methods, budget training, staff
2075     management, managing for learning results and continuous improvement, and how to help
2076     every child achieve optimal learning in basic academic subjects.
2077          (2) Local school boards shall spend minimum school program funds for programs and
2078     activities for which the State Board of Education has established minimum standards or rules
2079     under Section [53A-1-402] 53E-3-501.
2080          (3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
2081     and equipment and construct, erect, and furnish school buildings.
2082          (b) School sites or buildings may only be conveyed or sold on board resolution
2083     affirmed by at least two-thirds of the members.
2084          (4) (a) A board may participate in the joint construction or operation of a school
2085     attended by children residing within the district and children residing in other districts either
2086     within or outside the state.
2087          (b) Any agreement for the joint operation or construction of a school shall:
2088          (i) be signed by the president of the board of each participating district;
2089          (ii) include a mutually agreed upon pro rata cost; and
2090          (iii) be filed with the State Board of Education.
2091          (5) A board may establish, locate, and maintain elementary, secondary, and applied
2092     technology schools.
2093          (6) Except as provided in Section [53A-1-1004] 53E-3-905, a board may enroll
2094     children in school who are at least five years of age before September 2 of the year in which
2095     admission is sought.
2096          (7) A board may establish and support school libraries.
2097          (8) A board may collect damages for the loss, injury, or destruction of school property.
2098          (9) A board may authorize guidance and counseling services for children and their
2099     parents or guardians before, during, or following enrollment of the children in schools.
2100          (10) (a) A board shall administer and implement federal educational programs in
2101     accordance with Title [53A, Chapter 1, Part 9] 53E, Chapter 3, Part 8, Implementing Federal or
2102     National Education Programs [Act].
2103          (b) Federal funds are not considered funds within the school district budget under
2104     [Title 53A, Chapter 19, Public School] Chapter 7, Part 3, Budgets.

2105          (11) (a) A board may organize school safety patrols and adopt rules under which the
2106     patrols promote student safety.
2107          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
2108     parental consent for the appointment.
2109          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
2110     of a highway intended for vehicular traffic use.
2111          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
2112     safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
2113     the program by virtue of the organization, maintenance, or operation of a school safety patrol.
2114          (12) (a) A board may on its own behalf, or on behalf of an educational institution for
2115     which the board is the direct governing body, accept private grants, loans, gifts, endowments,
2116     devises, or bequests that are made for educational purposes.
2117          (b) These contributions are not subject to appropriation by the Legislature.
2118          (13) (a) A board may appoint and fix the compensation of a compliance officer to issue
2119     citations for violations of Subsection 76-10-105(2).
2120          (b) A person may not be appointed to serve as a compliance officer without the
2121     person's consent.
2122          (c) A teacher or student may not be appointed as a compliance officer.
2123          (14) A board shall adopt bylaws and rules for the board's own procedures.
2124          (15) (a) A board shall make and enforce rules necessary for the control and
2125     management of the district schools.
2126          (b) Board rules and policies shall be in writing, filed, and referenced for public access.
2127          (16) A board may hold school on legal holidays other than Sundays.
2128          (17) (a) A board shall establish for each school year a school traffic safety committee to
2129     implement this Subsection (17).
2130          (b) The committee shall be composed of one representative of:
2131          (i) the schools within the district;
2132          (ii) the Parent Teachers' Association of the schools within the district;
2133          (iii) the municipality or county;
2134          (iv) state or local law enforcement; and
2135          (v) state or local traffic safety engineering.

2136          (c) The committee shall:
2137          (i) receive suggestions from school community councils, parents, teachers, and others
2138     and recommend school traffic safety improvements, boundary changes to enhance safety, and
2139     school traffic safety program measures;
2140          (ii) review and submit annually to the Department of Transportation and affected
2141     municipalities and counties a child access routing plan for each elementary, middle, and junior
2142     high school within the district;
2143          (iii) consult the Utah Safety Council and the Division of Family Health Services and
2144     provide training to all school children in kindergarten through grade six, within the district, on
2145     school crossing safety and use; and
2146          (iv) help ensure the district's compliance with rules made by the Department of
2147     Transportation under Section 41-6a-303.
2148          (d) The committee may establish subcommittees as needed to assist in accomplishing
2149     its duties under Subsection (17)(c).
2150          (18) (a) A school board shall adopt and implement a comprehensive emergency
2151     response plan to prevent and combat violence in the school board's public schools, on school
2152     grounds, on its school vehicles, and in connection with school-related activities or events.
2153          (b) The plan shall:
2154          (i) include prevention, intervention, and response components;
2155          (ii) be consistent with the student conduct and discipline policies required for school
2156     districts under [Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans] Chapter
2157     11, Part 2, Miscellaneous Requirements;
2158          (iii) require inservice training for all district and school building staff on what their
2159     roles are in the emergency response plan;
2160          (iv) provide for coordination with local law enforcement and other public safety
2161     representatives in preventing, intervening, and responding to violence in the areas and activities
2162     referred to in Subsection (18)(a); and
2163          (v) include procedures to notify a student, to the extent practicable, who is off campus
2164     at the time of a school violence emergency because the student is:
2165          (A) participating in a school-related activity; or
2166          (B) excused from school for a period of time during the regular school day to

2167     participate in religious instruction at the request of the student's parent or guardian.
2168          (c) The State Board of Education, through the state superintendent of public
2169     instruction, shall develop comprehensive emergency response plan models that local school
2170     boards may use, where appropriate, to comply with Subsection (18)(a).
2171          (d) A local school board shall, by July 1 of each year, certify to the State Board of
2172     Education that its plan has been practiced at the school level and presented to and reviewed by
2173     its teachers, administrators, students, and their parents and local law enforcement and public
2174     safety representatives.
2175          (19) (a) A local school board may adopt an emergency response plan for the treatment
2176     of sports-related injuries that occur during school sports practices and events.
2177          (b) The plan may be implemented by each secondary school in the district that has a
2178     sports program for students.
2179          (c) The plan may:
2180          (i) include emergency personnel, emergency communication, and emergency
2181     equipment components;
2182          (ii) require inservice training on the emergency response plan for school personnel who
2183     are involved in sports programs in the district's secondary schools; and
2184          (iii) provide for coordination with individuals and agency representatives who:
2185          (A) are not employees of the school district; and
2186          (B) would be involved in providing emergency services to students injured while
2187     participating in sports events.
2188          (d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
2189     review the plan each year and make revisions when required to improve or enhance the plan.
2190          (e) The State Board of Education, through the state superintendent of public
2191     instruction, shall provide local school boards with an emergency plan response model that local
2192     boards may use to comply with the requirements of this Subsection (19).
2193          (20) A board shall do all other things necessary for the maintenance, prosperity, and
2194     success of the schools and the promotion of education.
2195          (21) (a) Before closing a school or changing the boundaries of a school, a board shall:
2196          (i) hold a public hearing, as defined in Section 10-9a-103; and
2197          (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).

2198          (b) The notice of a public hearing required under Subsection (21)(a) shall:
2199          (i) indicate the:
2200          (A) school or schools under consideration for closure or boundary change; and
2201          (B) date, time, and location of the public hearing; and
2202          (ii) at least 10 days before the public hearing, be:
2203          (A) published:
2204          (I) in a newspaper of general circulation in the area; and
2205          (II) on the Utah Public Notice Website created in Section 63F-1-701; and
2206          (B) posted in at least three public locations within the municipality or on the district's
2207     official website.
2208          (22) A board may implement a facility energy efficiency program established under
2209     Title 11, Chapter 44, Performance Efficiency Act.
2210          (23) A board may establish or partner with a certified youth court program, in
2211     accordance with Section 78A-6-1203, or establish or partner with a comparable restorative
2212     justice program, in coordination with schools in that district. A school may refer a student to
2213     youth court or a comparable restorative justice program in accordance with Section
2214     [53A-11-911] 53G-8-211.
2215          Section 44. Section 53G-4-403, which is renumbered from Section 53A-3-403 is
2216     renumbered and amended to read:
2217          [53A-3-403].      53G-4-403. School district fiscal year -- Statistical reports.
2218          (1) A school district's [or charter school's] fiscal year begins on July 1 and ends on June
2219     30.
2220          (2) (a) A school district [or charter school] shall forward statistical reports for the
2221     preceding school year, containing items required by law or by the State Board of Education, to
2222     the state superintendent on or before November 1 of each year.
2223          (b) The reports shall include information to enable the state superintendent to complete
2224     the statement required under Subsection [53A-1-301] 53E-3-301(3)(d)(v).
2225          (3) A school district [or charter school] shall forward the accounting report required
2226     under Section 51-2a-201 to the state superintendent on or before October 15 of each year.
2227          Section 45. Section 53G-4-404, which is renumbered from Section 53A-3-404 is
2228     renumbered and amended to read:

2229          [53A-3-404].      53G-4-404. Annual financial report -- Audit report.
2230          (1) The annual financial report of each school district, containing items required by law
2231     or by the State Board of Education and attested to by independent auditors, shall be prepared as
2232     required by Section 51-2a-201.
2233          (2) If auditors are employed under Section 51-2a-201, the auditors shall complete their
2234     field work in sufficient time to allow them to verify necessary audit adjustments included in the
2235     annual financial report to the state superintendent.
2236          (3) (a) (i) The district shall forward the annual financial report to the state
2237     superintendent not later than October 1.
2238          (ii) The report shall include information to enable the state superintendent to complete
2239     the statement required under Subsection [53A-1-301] 53E-3-301(3)(d)(v).
2240          (b) The State Board of Education shall publish electronically a copy of the report on
2241     the Internet not later than December 15.
2242          (4) The completed audit report shall be delivered to the school district board of
2243     education and the state superintendent of public instruction not later than November 30 of each
2244     year.
2245          Section 46. Section 53G-4-405, which is renumbered from Section 53A-3-405 is
2246     renumbered and amended to read:
2247          [53A-3-405].      53G-4-405. Approval of purchases or indebtedness -- Board
2248     approval of identified purchases.
2249          (1) An officer or employee of a school district may not make a purchase or incur
2250     indebtedness on behalf of the district without the approval and order of the board.
2251          (2) The board shall adopt one of the following approval methods, or a combination of
2252     the two:
2253          (a) The board shall approve an appropriation for identified purchases in the district
2254     budget. Each purchase made under an identified purchase does not require additional board
2255     approval.
2256          (b) The board shall approve individual purchases when made throughout the fiscal
2257     year.
2258          Section 47. Section 53G-4-406, which is renumbered from Section 53A-3-406 is
2259     renumbered and amended to read:

2260          [53A-3-406].      53G-4-406. Claims against the board -- Itemized.
2261          Except for salary which is regularly authorized by the board, the board may not hear or
2262     consider any claim against the board which is not itemized.
2263          Section 48. Section 53G-4-407, which is renumbered from Section 53A-3-408 is
2264     renumbered and amended to read:
2265          [53A-3-408].      53G-4-407. Tax exemption of school board property.
2266          (1) Real and personal property held by a local school board is exempt from general and
2267     special taxation and from local assessments.
2268          (2) This property may not be taken in any manner for debt.
2269          Section 49. Section 53G-4-408, which is renumbered from Section 53A-3-412 is
2270     renumbered and amended to read:
2271          [53A-3-412].      53G-4-408. Residence not condition of employment.
2272          A local school board may not require an employee to reside within its school district as
2273     a condition of employment.
2274          Section 50. Section 53G-4-409, which is renumbered from Section 53A-3-420 is
2275     renumbered and amended to read:
2276          [53A-3-420].      53G-4-409. Activity disclosure statements.
2277          (1) [For a school year beginning with or after the 2012-13 school year, a] A local
2278     school board shall require the development of activity disclosure statements for each
2279     school-sponsored group or program which involves students and faculty in grades 9 through 12
2280     in contests, performances, events, or other activities that require them to miss normal class time
2281     or takes place outside regular school time.
2282          (2) The activity disclosure statements shall be disseminated to the students desiring
2283     involvement in the specific activity or to the students' parents or legal guardians or to both
2284     students and their parents.
2285          (3) An activity disclosure statement shall contain the following information:
2286          (a) the specific name of the team, group, or activity;
2287          (b) the maximum number of students involved;
2288          (c) whether or not tryouts are used to select students, specifying date and time
2289     requirements for tryouts, if applicable;
2290          (d) beginning and ending dates of the activity;

2291          (e) a tentative schedule of the events, performances, games, or other activities with
2292     dates, times, and places specified if available;
2293          (f) if applicable, designation of any nonseason events or activities, including an
2294     indication of the status, required, expected, suggested, or optional, with the dates, times, and
2295     places specified;
2296          (g) personal costs associated with the activity;
2297          (h) the name of the school employee responsible for the activity; and
2298          (i) any additional information considered important for the students and parents to
2299     know.
2300          Section 51. Section 53G-4-410, which is renumbered from Section 53A-3-429 is
2301     renumbered and amended to read:
2302          [53A-3-429].      53G-4-410. Regional service centers.
2303          (1) For purposes of this section, "eligible regional service center" means a regional
2304     service center formed by two or more school districts as an interlocal entity, in accordance with
2305     Title 11, Chapter 13, Interlocal Cooperation Act.
2306          (2) The Legislature strongly encourages school districts to collaborate and cooperate to
2307     provide educational services in a manner that will best utilize resources for the overall
2308     operation of the public education system.
2309          (3) An eligible regional service center formed by an interlocal agreement, in
2310     accordance with Title 11, Chapter 13, Interlocal Cooperation Act, may receive a distribution
2311     described in Subsection (5) if the Legislature appropriates money for eligible regional service
2312     centers.
2313          (4) (a) If local school boards enter into an interlocal agreement to confirm or formalize
2314     a regional service center in operation before July 1, 2011, the interlocal agreement may not
2315     eliminate any rights or obligations of the regional service center in effect before entering into
2316     the interlocal agreement.
2317          (b) An interlocal agreement entered into to confirm or formalize an existing regional
2318     service center shall have the effect of confirming and ratifying in the regional service center,
2319     the title to any property held in the name, or for the benefit of the regional service center as of
2320     the effective date of the interlocal agreement.
2321          (5) (a) The State Board of Education shall distribute any funding appropriated to

2322     eligible regional service centers as provided by the Legislature.
2323          (b) The State Board of Education may provide funding to an eligible regional service
2324     center in addition to legislative appropriations.
2325          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2326     State Board of Education shall make rules regarding eligible regional service centers including:
2327          (a) the distribution of legislative appropriations to eligible regional service centers;
2328          (b) the designation of eligible regional service centers as agents to distribute Utah
2329     Education and Telehealth Network services; and
2330          (c) the designation of eligible regional service centers as agents for regional
2331     coordination of public education and higher education services.
2332          [(7) A public school that is a charter school may enter into a contract with an eligible
2333     regional service center to receive education related services from the eligible regional service
2334     center.]
2335          Section 52. Section 53G-4-411, which is renumbered from Section 53A-3-432 is
2336     renumbered and amended to read:
2337          [53A-3-432].      53G-4-411. Interlocal agreement for public education
2338     transportation services.
2339          (1) In accordance with Title 11, Chapter 13, Interlocal Cooperation Act, at least two
2340     school districts may, for the purpose of coordinating public education transportation services:
2341          (a) create an interlocal entity as defined in Section 11-13-103 if the school districts
2342     establish an interlocal entity governing board as described in Subsection (2); or
2343          (b) enter into a joint or cooperative undertaking as described in Section 11-13-207 if
2344     the school districts establish a joint board as described in Subsection (2).
2345          (2) A governing board described in Subsection (1)(a) or a joint board described in
2346     Subsection (1)(b) shall consist of:
2347          (a) at least one elected member of a local school board from each school district that
2348     creates the interlocal entity or enters into the joint or cooperative undertaking; and
2349          (b) only elected members of the local school boards of the school districts that create
2350     the interlocal entity or enter into the joint or cooperative undertaking.
2351          Section 53. Section 53G-4-501 is enacted to read:
2352     
Part 5. Utah School Boards Association


2353          53G-4-501. Definitions.
2354          Reserved
2355          Section 54. Section 53G-4-502, which is renumbered from Section 53A-5-101 is
2356     renumbered and amended to read:
2357          [53A-5-101].      53G-4-502. Utah School Boards Association.
2358          The Utah School Boards Association is recognized as an organization and agency of the
2359     school boards of Utah and is representative of those boards.
2360          Section 55. Section 53G-4-503, which is renumbered from Section 53A-5-102 is
2361     renumbered and amended to read:
2362          [53A-5-102].      53G-4-503. Boards of education authorized to become
2363     members of association.
2364          The State Board of Education, local school boards, and their agencies may become
2365     members of the Utah School Boards Association and cooperate with the association and its
2366     members on activities and problems relating to the state's educational system.
2367          Section 56. Section 53G-4-504, which is renumbered from Section 53A-5-103 is
2368     renumbered and amended to read:
2369          [53A-5-103].      53G-4-504. Payment of dues -- Expenses in attending
2370     meetings -- Contributions.
2371          (1) Member boards may pay dues and make other contributions to the association for
2372     its educational activities.
2373          (2) They may also incur reasonable travel and subsistence expenses for the purpose of
2374     attending meetings and conferences of the association.
2375          (3) Dues and contributions expenses shall be paid in the same manner as are other
2376     expenses of the member boards.
2377          Section 57. Section 53G-4-601 is enacted to read:
2378     
Part 6. School District Indebtedness

2379          53G-4-601. Definitions.
2380          Reserved
2381          Section 58. Section 53G-4-602, which is renumbered from Section 53A-18-101 is
2382     renumbered and amended to read:
2383          [53A-18-101].      53G-4-602. School district tax anticipation notes.

2384          (1) A local school board may borrow money in anticipation of the collection of taxes or
2385     other revenue of the school district so long as it complies with Title 11, Chapter 14, Local
2386     Government Bonding Act.
2387          (2) The board may incur indebtedness under this section for any purpose for which
2388     district funds may be expended, but not in excess of the estimated district revenues for the
2389     current school year.
2390          (3) Revenues include all revenues of the district from the state or any other source.
2391          (4) The district may incur the indebtedness prior to imposing or collecting the taxes or
2392     receiving the revenues. The indebtedness bears interest at the lowest obtainable rate or rates.
2393          Section 59. Section 53G-4-603, which is renumbered from Section 53A-18-102 is
2394     renumbered and amended to read:
2395          [53A-18-102].      53G-4-603. Additional indebtedness -- Election -- Voter
2396     information pamphlet.
2397          (1) As used in this section:
2398          (a) "Qualifying general obligation bond" means a bond:
2399          (i) issued pursuant to Title 11, Chapter 14, Local Government Bonding Act; and
2400          (ii) authorized by an election held on or after July 1, 2014.
2401          (b) "Voter information pamphlet" means the notification required by Section
2402     11-14-202.
2403          (2) A local school board may require the qualified electors of the district to vote on a
2404     proposition as to whether to incur indebtedness, subject to conditions provided in Title 11,
2405     Chapter 14, Local Government Bonding Act, if:
2406          (a) the debts of the district are equal to school taxes and other estimated revenues for
2407     the school year, and it is necessary to create and incur additional indebtedness in order to
2408     maintain and support schools within the district; or
2409          (b) the local school board determines it advisable to issue school district bonds to
2410     purchase school sites, buildings, or furnishings or to improve existing school property.
2411          (3) A local school board shall specify, in the voter information pamphlet for a bond
2412     election, a plan of finance, including:
2413          (a) the specific project or projects for which a bond is to be issued; and
2414          (b) a priority designation for each project.

2415          (4) Except as provided in Subsection (5), a local school board shall ensure that
2416     qualifying general obligation bond proceeds are used to complete projects in accordance with
2417     the plan of finance described in Subsection (3).
2418          (5) (a) After distribution to the public of the voter information pamphlet, with
2419     two-thirds majority approval of the local school board, a local school board may upon a
2420     determination of compelling circumstances adjust the plan of finance described in Subsection
2421     (3) by:
2422          (i) changing the priority designation of a project;
2423          (ii) adding a project that was not listed in the voter information pamphlet; or
2424          (iii) removing a project that was listed in the voter information pamphlet.
2425          (b) A local school board may not vote on more than one adjustment described in
2426     Subsection (5)(a) per meeting.
2427          (6) For a qualifying general obligation bond, a local school board shall post on the
2428     local school board's website:
2429          (a) the plan of finance as described in the voter information pamphlet; and
2430          (b) a progress report detailing the status of the projects listed in the plan of finance,
2431     including:
2432          (i) the status of any construction contracts related to a project;
2433          (ii) the bid amount;
2434          (iii) the estimated and actual construction start date;
2435          (iv) the estimated and actual construction end date; and
2436          (v) the final cost.
2437          (7) (a) If a local school board violates Subsection (4), a registered voter in the school
2438     district may file an action for an extraordinary writ to prohibit the local school board from
2439     adjusting the plan of finance without obtaining the necessary local school board approval.
2440          (b) If a registered voter prevails in an action under Subsection (7)(a), the court shall
2441     award reasonable costs and attorney fees to the registered voter.
2442          (c) The action described in Subsection (7)(a) may not be used to challenge the validity
2443     of a bond.
2444          Section 60. Section 53G-4-604, which is renumbered from Section 53A-18-103 is
2445     renumbered and amended to read:

2446          [53A-18-103].      53G-4-604. Consolidated school district bonds.
2447          (1) A consolidated county school district may issue bonds, without an election, to fund,
2448     purchase, or redeem the district's outstanding indebtedness if the debt was incurred prior to
2449     consolidation and assumed by the consolidated school district.
2450          (2) The legality, regularity, and validity of the outstanding indebtedness shall be
2451     determined in the same manner used to determine the validity of other bonds to be refunded by
2452     the board.
2453          Section 61. Section 53G-4-605, which is renumbered from Section 53A-18-104 is
2454     renumbered and amended to read:
2455          [53A-18-104].      53G-4-605. Testing validity of bonds to be refunded --
2456     Procedure.
2457          If considered advisable by the local school board, the validity of any bonds intended to
2458     be refunded may be determined in the following manner:
2459          (1) The board shall:
2460          (a) publish a notice describing with sufficient particularity for identification the bond
2461     or bonds intended to be refunded:
2462          (i) once a week for two successive weeks in a newspaper published in the school
2463     district; and
2464          (ii) as required in Section 45-1-101; and
2465          (b) post a notice for two successive weeks in three public and conspicuous places
2466     describing with sufficient particularity for identification the bond or bonds intended to be
2467     refunded.
2468          (2) The notice shall require any person objecting to the legality, regularity, or validity
2469     of the bonds, their issue or sale, or the indebtedness represented by the bonds, to appear before
2470     the board at a specified place within the district on a specified day and time.
2471          (3) The time may not be less than 14 nor more than 60 days after the first publication
2472     or posting of the notice.
2473          (4) The notice shall require the person to appear at the meeting with his objections in
2474     writing, duly verified.
2475          (5) The board shall convene at the time and place specified in the notice and receive all
2476     objections as prescribed in Subsection (4).

2477          (6) The objections shall be filed with and preserved by the board.
2478          (7) If no written objections are presented at the time and place specified in the notice,
2479     the board shall so certify.
2480          (8) All persons are then prohibited from questioning in any manner or proceeding the
2481     legality, regularity, or validity of the bond or bonds, their issue or sale, or the indebtedness
2482     represented by the bonds, and the board may then refund the bonds.
2483          (9) Any person filing a written objection under Subsection (4) shall, within 20 days
2484     after the filing, commence appropriate legal proceedings against the board and others as may be
2485     proper parties, in the district court for the county in which the school district is situated, to
2486     challenge and determine the legality, regularity, and validity of the bond or bonds, their issue
2487     and sale, or the indebtedness represented by them.
2488          (10) Failure to commence the proceedings within 20 days bars the person filing
2489     objections from questioning, in any manner or proceeding, the legality, regularity, or validity of
2490     the bond or bonds, their issue or sale, or the indebtedness represented by the bonds.
2491          (11) Upon proof of failure to commence proceedings, by certificate of the clerk of the
2492     court, the board may refund the bonds.
2493          Section 62. Section 53G-4-606, which is renumbered from Section 53A-18-105 is
2494     renumbered and amended to read:
2495          [53A-18-105].      53G-4-606. Sinking fund -- Investment.
2496          (1) The money levied and collected to create a sinking fund for the redemption of
2497     bonds issued by a local school board shall be immediately credited to a special fund.
2498          (2) After retaining an amount sufficient to pay the principal of the bonds maturing
2499     during the year, the board shall invest the fund and any surplus as provided under Title 51,
2500     Chapter 7, State Money Management Act.
2501          Section 63. Section 53G-4-607, which is renumbered from Section 53A-18-106 is
2502     renumbered and amended to read:
2503          [53A-18-106].      53G-4-607. Bonds a lien on property -- Levy of tax to pay
2504     bonds.
2505          (1) Bonds issued under this [chapter] part are a lien upon the taxable property of the
2506     school district issuing them.
2507          (2) If the local school board neglects or refuses to cause a tax to be levied in

2508     accordance with law to meet the outstanding bonds or the interest on the bonds, the county
2509     legislative body of the county in which the district is located shall levy the tax and apply the
2510     money collected to the payment of the bonds and the interest.
2511          Section 64. Section 53G-4-608, which is renumbered from Section 53A-18-107 is
2512     renumbered and amended to read:
2513          [53A-18-107].      53G-4-608. Requirement to conduct seismic safety
2514     evaluations when issuing a bond.
2515          (1) As used in this section:
2516          (a) "Federal guidelines" means guidelines and procedures specified in "Rapid Visual
2517     Screening of Buildings for Potential Seismic Hazards: A Handbook, 2nd Edition" published by
2518     the United States Federal Emergency Management Agency.
2519          (b) "Qualifying general obligation bond" means a bond:
2520          (i) issued pursuant to Title 11, Chapter 14, Local Government Bonding Act; and
2521          (ii) authorized by an election held on or after July 1, 2013.
2522          (c) "Seismic safety evaluation" means a seismic safety rapid visual screening evaluated
2523     in accordance with federal guidelines or a more detailed seismic structural evaluation.
2524          (2) If a school district issues a qualifying general obligation bond, the school district
2525     shall:
2526          (a) except as provided in Subsection (4), conduct or update a seismic safety evaluation
2527     of each school district building:
2528          (i) constructed before 1975; and
2529          (ii) used by the school district as a school; and
2530          (b) provide a copy of a seismic safety evaluation prepared under Subsection (2)(a) to
2531     the Utah Seismic Safety Commission created in Section 63C-6-101.
2532          (3) A seismic safety evaluation conducted under Subsection (2) shall be conducted by a
2533     licensed structural engineer familiar with seismic codes.
2534          (4) A school district is not required to conduct or update a seismic safety evaluation of
2535     a building as required in Subsection (2)(a) if:
2536          (a) a seismic safety evaluation was performed on the building within the 25-year period
2537     before the school district issues the qualifying general obligation bond; and
2538          (b) the school district provides a copy of the school district's seismic safety evaluation

2539     described in Subsection (4)(a) to the Utah Seismic Safety Commission.
2540          (5) Creation of a seismic safety evaluation of a school, or a list of schools needing
2541     seismic upgrades, shall not be construed as expanding or changing the state's or a school
2542     district's common law duty of care for liability purposes.
2543          Section 65. Section 53G-4-701 is enacted to read:
2544     
Part 7. Local School Board Building Reserve Fund

2545          53G-4-701. Definitions.
2546          Reserved
2547          Section 66. Section 53G-4-702, which is renumbered from Section 53A-23-101 is
2548     renumbered and amended to read:
2549          [53A-23-101].      53G-4-702. School board reserve fund.
2550          Each local school board may establish and maintain a reserve fund to accumulate funds
2551     to meet the capital outlay costs of the school district, including costs for planning, constructing,
2552     replacing, improving, equipping, and furnishing school buildings and purchasing school sites.
2553          Section 67. Section 53G-4-703, which is renumbered from Section 53A-23-102 is
2554     renumbered and amended to read:
2555          [53A-23-102].      53G-4-703. Revenues to be allocated to fund.
2556          A local school board may annually allocate to the fund any revenues from the state
2557     which are made available for capital outlay purposes, and not otherwise earmarked, and such
2558     other revenues as the school district may raise locally for this purpose.
2559          Section 68. Section 53G-4-704, which is renumbered from Section 53A-23-103 is
2560     renumbered and amended to read:
2561          [53A-23-103].      53G-4-704. Building Reserve Fund -- Investment of fund.
2562          (1) The fund shall be known as the Building Reserve Fund of _________ (name of
2563     school district) School District.
2564          (2) Any interest or capital gains accrue to the benefit of the fund.
2565          (3) The fund may only be invested as provided in Title 51, Chapter 7, State Money
2566     Management Act of 1974.
2567          Section 69. Section 53G-4-705, which is renumbered from Section 53A-23-104 is
2568     renumbered and amended to read:
2569          [53A-23-104].      53G-4-705. Accumulations -- Expenditures from fund --

2570     Public notice -- Transfer to other funds.
2571          (1) The money in the fund shall accumulate from year to year.
2572          (2) However, the local school board may make expenditures from the fund if public
2573     notice is given stating the purpose for which the expenditures are to be made.
2574          (3) The procedure for giving public notice is set forth in Section [53A-19-102]
2575     53G-7-303.
2576          (4) Expenditures shall be made for capital outlay costs only.
2577          (5) Money in the fund at the end of the year shall remain intact and may not be
2578     transferred to any other fund or used for any other purpose.
2579          Section 70. Section 53G-4-801, which is renumbered from Section 53A-28-102 is
2580     renumbered and amended to read:
2581     
Part 8. School District Bond Guaranty

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

2601          (8) "School district" means any school district existing now or later under the laws of
2602     the state.
2603          Section 71. Section 53G-4-802, which is renumbered from Section 53A-28-201 is
2604     renumbered and amended to read:
2605          [53A-28-201].      53G-4-802. Contract with bondholders -- Full faith and
2606     credit of state is pledged -- Limitation as to certain refunded bonds.
2607          (1) (a) The state of Utah pledges to and agrees with the holders of any bonds that the
2608     state will not alter, impair, or limit the rights vested by the default avoidance program with
2609     respect to the bonds until the bonds, together with applicable interest, are fully paid and
2610     discharged.
2611          (b) Notwithstanding Subsection (1)(a), nothing contained in this [chapter] part
2612     precludes an alteration, impairment, or limitation if adequate provision is made by law for the
2613     protection of the holders of the bonds.
2614          (c) Each board may refer to this pledge and undertaking by the state in its bonds.
2615          (2) (a) The full faith and credit and unlimited taxing power of the state is pledged to
2616     guarantee full and timely payment of the principal of (either at the stated maturity or by any
2617     advancement of maturity pursuant to a mandatory sinking fund payment) and interest on, bonds
2618     as such payments shall become due (except that in the event of any acceleration of the due date
2619     of such principal by reason of mandatory or optional redemption or acceleration resulting from
2620     default of otherwise, other than any advancement of maturity pursuant to a mandatory sinking
2621     fund payment, the payments guaranteed shall be made in such amounts and at such times as
2622     such payments of principal would have been due had there not been any such acceleration).
2623          (b) This guaranty does not extend to the payment of any redemption premium.
2624          (c) Reference to this [chapter] part by its title on the face of any bond conclusively
2625     establishes the guaranty provided to that bond under provisions of this [chapter] part.
2626          (3) (a) Any bond guaranteed under this [chapter] part that is refunded and considered
2627     paid for the purposes of and within the meaning of Subsection 11-27-3(6), no longer has the
2628     benefit of the guaranty provided by this [chapter] part from and after the date on which that
2629     bond was considered to be paid.
2630          (b) Any refunding bond issued by a board that is itself secured by government
2631     obligations until the proceeds are applied to pay refunded bonds, as provided in Title 11,

2632     Chapter 27, Utah Refunding Bond Act, is not guaranteed under the provisions of this [chapter]
2633     part, until the refunding bonds cease to be secured by government obligations as provided in
2634     Title 11, Chapter 27, Utah Refunding Bond Act.
2635          (4) Only validly issued bonds issued after the effective date of this [chapter] part are
2636     guaranteed under this [chapter] part.
2637          Section 72. Section 53G-4-803, which is renumbered from Section 53A-28-202 is
2638     renumbered and amended to read:
2639          [53A-28-202].      53G-4-803. Program eligibility -- Option to forego guaranty.
2640          (1) (a) Any board may request that the state treasurer issue a certificate evidencing
2641     eligibility for the state's guaranty under this [chapter] part.
2642          (b) After reviewing the request, if the state treasurer determines that the board is
2643     eligible, the state treasurer shall promptly issue the certificate and provide it to the requesting
2644     board.
2645          (c) (i) The board receiving the certificate and all other persons may rely on the
2646     certificate as evidencing eligibility for the guaranty for one year from and after the date of the
2647     certificate, without making further inquiry of the state treasurer during that year.
2648          (ii) The certificate of eligibility is valid for one year even if the state treasurer later
2649     determines that the school board is ineligible.
2650          (2) Any board that chooses to forego the benefits of the guaranty provided by this
2651     [chapter] part for a particular issue of bonds may do so by not referring to this [chapter] part on
2652     the face of its bonds.
2653          (3) Any board that has bonds, the principal of or interest on which has been paid, in
2654     whole or in part, by the state under this [chapter] part may not issue any additional bonds
2655     guaranteed by this act until:
2656          (a) all payment obligations of the board to the state under the default avoidance
2657     program are satisfied; and
2658          (b) the state treasurer and the state superintendent of public instruction each certify in
2659     writing, to be kept on file by the state treasurer and the state superintendent, that the board is
2660     fiscally solvent.
2661          (4) Bonds not guaranteed by this [chapter] part are not included in the definition of
2662     "bonds" in Section [53A-28-201] 53G-4-802 as used generally in this [chapter] part and are not

2663     subject to the requirements of and do not receive the benefits of this [chapter] part.
2664          Section 73. Section 53G-4-804, which is renumbered from Section 53A-28-203 is
2665     renumbered and amended to read:
2666          [53A-28-203].      53G-4-804. Fiscal solvency of school districts -- Duties of
2667     state treasurer and attorney general.
2668          (1) The state superintendent of public instruction shall:
2669          (a) monitor the financial affairs and condition of each board in the state to evaluate
2670     each school board's financial solvency; and
2671          (b) report immediately to the governor and state treasurer any circumstances suggesting
2672     that a school district will be unable to timely meet its debt service obligations and recommend
2673     a course of remedial action.
2674          (2) (a) The state treasurer shall determine whether or not the financial affairs and
2675     condition of a board are such that it would be imprudent for the state to guarantee the bonds of
2676     that board.
2677          (b) If the state treasurer determines that the state should not guarantee the bonds of that
2678     board, the state treasurer shall:
2679          (i) prepare a determination of ineligibility; and
2680          (ii) keep it on file in the office of the state treasurer.
2681          (c) The state treasurer may remove a board from the status of ineligibility when a
2682     subsequent report or other information made available to the state treasurer evidences that it is
2683     no longer imprudent for the state to guarantee the bonds of that board.
2684          (3) Nothing in this section affects the state's guaranty of bonds of a board issued:
2685          (a) before determination of ineligibility;
2686          (b) after the eligibility of the board is restored; or
2687          (c) under a certificate of eligibility issued under Section [53A-28-202] 53G-4-803.
2688          Section 74. Section 53G-4-805, which is renumbered from Section 53A-28-301 is
2689     renumbered and amended to read:
2690          [53A-28-301].      53G-4-805. Business administrator duties -- Paying agent to
2691     provide notice -- State treasurer to execute transfer to paying agents -- Effect of transfer.
2692          (1) (a) The business administrator of each board with outstanding, unpaid bonds shall
2693     transfer money sufficient for the scheduled debt service payment to its paying agent at least 15

2694     days before any principal or interest payment date for the bonds.
2695          (b) The paying agent may, if instructed to do so by the business administrator, invest
2696     the money at the risk and for the benefit of the board until the payment date.
2697          (c) A business administrator who is unable to transfer the scheduled debt service
2698     payment to the paying agent 15 days before the payment date shall immediately notify the
2699     paying agent and the state treasurer by:
2700          (i) telephone;
2701          (ii) a writing sent by facsimile transmission; and
2702          (iii) a writing sent by first-class United States mail.
2703          (2) If sufficient funds are not transferred to the paying agent as required by Subsection
2704     (1), the paying agent shall notify the state treasurer of that failure in writing at least 10 days
2705     before the scheduled debt service payment date by:
2706          (a) telephone;
2707          (b) a writing sent by facsimile transmission; and
2708          (c) a writing sent by first-class United States mail.
2709          (3) (a) If sufficient money to pay the scheduled debt service payment has not been
2710     transferred to the paying agent, the state treasurer shall, on or before the scheduled payment
2711     date, transfer sufficient money to the paying agent to make the scheduled debt service payment.
2712          (b) The payment by the treasurer:
2713          (i) discharges the obligation of the issuing board to its bondholders for the payment;
2714     and
2715          (ii) transfers the rights represented by the general obligation of the board from the
2716     bondholders to the state.
2717          (c) The board shall pay the transferred obligation to the state as provided in this
2718     [chapter] part.
2719          Section 75. Section 53G-4-806, which is renumbered from Section 53A-28-302 is
2720     renumbered and amended to read:
2721          [53A-28-302].      53G-4-806. State financial assistance intercept mechanism --
2722     State treasurer duties -- Interest and penalty provisions.
2723          (1) (a) If one or more payments on bonds are made by the state treasurer as provided in
2724     Section [53A-28-301] 53G-4-805, the state treasurer shall:

2725          (i) immediately intercept any payments from the Uniform School Fund or from any
2726     other source of operating money provided by the state to the board that issued the bonds that
2727     would otherwise be paid to the board by the state; and
2728          (ii) apply the intercepted payments to reimburse the state for payments made pursuant
2729     to the state's guaranty until all obligations of the board to the state arising from those payments,
2730     including interest and penalties, are paid in full.
2731          (b) The state has no obligation to the board or to any person or entity to replace any
2732     money intercepted under authority of Subsection (1)(a).
2733          (2) The board that issued bonds for which the state has made all or part of a debt
2734     service payment shall:
2735          (a) reimburse all money drawn by the state treasurer on its behalf;
2736          (b) pay interest to the state on all money paid by the state from the date the money was
2737     drawn to the date they are repaid at a rate not less than the average prime rate for national
2738     money center banks plus 1%; and
2739          (c) pay all penalties required by this [chapter] part.
2740          (3) (a) The state treasurer shall establish the reimbursement interest rate after
2741     considering the circumstances of any prior draws by the board on the state, market interest and
2742     penalty rates, and the cost of funds, if any, that were required to be borrowed by the state to
2743     make payment on the bonds.
2744          (b) The state treasurer may, after considering the circumstances giving rise to the
2745     failure of the board to make payment on its bonds in a timely manner, impose on the board a
2746     penalty of not more than 5% of the amount paid by the state pursuant to its guaranty for each
2747     instance in which a payment by the state is made.
2748          (4) (a) (i) If the state treasurer determines that amounts obtained under this section will
2749     not reimburse the state in full within one year from the state's payment of a board's scheduled
2750     debt service payment, the state treasurer shall pursue any legal action, including mandamus,
2751     against the board to compel it to:
2752          (A) levy and provide property tax revenues to pay debt service on its bonds when due
2753     as required by Title 11, Chapter 14, Local Government Bonding Act; and
2754          (B) meet its repayment obligations to the state.
2755          (ii) In pursuing its rights under this Subsection (4)(a), the state shall have the same

2756     substantive and procedural rights under Title 11, Chapter 14, Local Government Bonding Act,
2757     as would a holder of the bonds of a board.
2758          (b) The attorney general shall assist the state treasurer in these duties.
2759          (c) The board shall pay the attorney's fees, expenses, and costs of the state treasurer and
2760     the attorney general.
2761          (5) (a) Except as provided in Subsection (5)(c), any board whose operating funds were
2762     intercepted under this section may replace those funds from other board money or from ad
2763     valorem property taxes, subject to the limitations provided in this Subsection (5).
2764          (b) A board may use ad valorem property taxes or other money to replace intercepted
2765     funds only if the ad valorem property taxes or other money was derived from:
2766          (i) taxes originally levied to make the payment but which were not timely received by
2767     the board;
2768          (ii) taxes from a special levy made to make the missed payment or to replace the
2769     intercepted money;
2770          (iii) money transferred from the capital outlay fund of the board or the undistributed
2771     reserve, if any, of the board; or
2772          (iv) any other source of money on hand and legally available.
2773          (c) Notwithstanding the provisions of Subsections (5)(a) and (b), a board may not
2774     replace operating funds intercepted by the state with money collected and held to make
2775     payments on bonds if that replacement would divert money from the payment of future debt
2776     service on the bonds and increase the risk that the state's guaranty would be called upon a
2777     second time.
2778          Section 76. Section 53G-4-807, which is renumbered from Section 53A-28-401 is
2779     renumbered and amended to read:
2780          [53A-28-401].      53G-4-807. Backup liquidity arrangements -- Issuance of
2781     notes.
2782          (1) (a) If, at the time the state is required to make a debt service payment under its
2783     guaranty on behalf of a board, sufficient money of the state is not on hand and available for that
2784     purpose, the state treasurer may:
2785          (i) seek a loan from the Permanent School Fund sufficient to make the required
2786     payment; or

2787          (ii) issue state debt as provided in Subsection (2).
2788          (b) Nothing in this Subsection (1) requires the Permanent School Fund to lend money
2789     to the state treasurer.
2790          (2) (a) The state treasurer may issue state debt in the form of general obligation notes
2791     to meet its obligations under this [chapter] part.
2792          (b) The amount of notes issued may not exceed the amount necessary to make payment
2793     on all bonds with respect to which the notes are issued plus all costs of issuance, sale, and
2794     delivery of the notes, rounded up to the nearest natural multiple of $5,000.
2795          (c) Each series of notes issued may not mature later than 18 months from the date the
2796     notes are issued.
2797          (d) Notes issued may be refunded using the procedures set forth in this [chapter] part
2798     for the issuance of notes, in an amount not more than the amount necessary to pay principal of
2799     and accrued but unpaid interest on any refunded notes plus all costs of issuance, sale, and
2800     delivery of the refunding notes, rounded up to the nearest natural multiple of $5,000.
2801          (e) Each series of refunding notes may not mature later than 18 months from the date
2802     the refunding notes are issued.
2803          (3) (a) Before issuing or selling any general obligation note to other than a state fund or
2804     account, the state treasurer shall:
2805          (i) prepare a written plan of financing; and
2806          (ii) file it with the governor.
2807          (b) The plan of financing shall provide for:
2808          (i) the terms and conditions under which the notes will be issued, sold, and delivered;
2809          (ii) the taxes or revenues to be anticipated;
2810          (iii) the maximum amount of notes that may be outstanding at any one time under the
2811     plan of financing;
2812          (iv) the sources of payment of the notes;
2813          (v) the rate or rates of interest, if any, on the notes or a method, formula, or index under
2814     which the interest rate or rates on the notes may be determined during the time the notes are
2815     outstanding; and
2816          (vi) all other details relating to the issuance, sale, and delivery of the notes.
2817          (c) In identifying the taxes or revenues to be anticipated and the sources of payment of

2818     the notes in the financing plan, the state treasurer may include:
2819          (i) the taxes authorized by Section [53A-28-402] 53G-4-808;
2820          (ii) the intercepted revenues authorized by Section [53A-28-302] 53G-4-806;
2821          (iii) the proceeds of refunding notes; or
2822          (iv) any combination of Subsections (3)(c)(i), (ii), and (iii).
2823          (d) The state treasurer may include in the plan of financing the terms and conditions of
2824     arrangements entered into by the state treasurer on behalf of the state with financial and other
2825     institutions for letters of credit, standby letters of credit, reimbursement agreements, and
2826     remarketing, indexing, and tender agent agreements to secure the notes, including payment
2827     from any legally available source of fees, charges, or other amounts coming due under the
2828     agreements entered into by the state treasurer.
2829          (e) When issuing the notes, the state treasurer shall issue an order setting forth the
2830     interest, form, manner of execution, payment, manner of sale, prices at, above, or below face
2831     value, and all details of issuance of the notes.
2832          (f) The order and the details set forth in the order shall conform with any applicable
2833     plan of financing and with this [chapter] part.
2834          (g) (i) Each note shall recite that it is a valid obligation of the state and that the full
2835     faith, credit, and resources of the state are pledged for the payment of the principal of and
2836     interest on the note from the taxes or revenues identified in accordance with its terms and the
2837     constitution and laws of Utah.
2838          (ii) These general obligation notes do not constitute debt of the state for the purposes of
2839     the 1.5% debt limitation of the Utah Constitution, Article XIV, Section 1.
2840          (h) Immediately upon the completion of any sale of notes, the state treasurer shall:
2841          (i) make a verified return of the sale to the state auditor, specifying the amount of notes
2842     sold, the persons to whom the notes were sold, and the price, terms, and conditions of the sale;
2843     and
2844          (ii) credit the proceeds of sale, other than accrued interest and amounts required to pay
2845     costs of issuance of the notes, to the General Fund to be applied to the purpose for which the
2846     notes were issued.
2847          Section 77. Section 53G-4-808, which is renumbered from Section 53A-28-402 is
2848     renumbered and amended to read:

2849          [53A-28-402].      53G-4-808. Unlimited ad valorem tax as pledge of full faith
2850     and credit -- State Tax Commission duties -- Property tax abated.
2851          (1) (a) In each year after the issuance of general obligation notes under this [chapter]
2852     part and until all outstanding notes are retired, there is levied a direct annual tax on all real and
2853     personal property within the state subject to state taxation, sufficient to pay all principal of and
2854     interest on the general obligation notes as they become due.
2855          (b) If money expected to be intercepted under Section [53A-28-302] 53G-4-806 is
2856     expected to be insufficient to reimburse the state for its payments of school districts' scheduled
2857     debt service payments or if it is necessary for the state treasurer to borrow as provided in
2858     Section [53A-28-401] 53G-4-807 and amounts to be intercepted under Section [53A-28-302]
2859     53G-4-806 are expected to be insufficient to timely pay the general obligation notes issued or
2860     other borrowing undertaken under that section, the state treasurer shall certify to and give
2861     notice to the state tax commission of the amount of the deficiency.
2862          (c) After receipt of that certified notice from the state treasurer, the state tax
2863     commission shall:
2864          (i) immediately fix the tax rate necessary and levy direct ad valorem property tax on all
2865     real and personal property in the state subject to state taxation sufficient to provide money in
2866     the amount of the deficiency stated in the notice; and
2867          (ii) require that the tax be collected and remitted as soon as may be in the ordinary
2868     course of ad valorem tax levy and collection.
2869          (2) To the extent that other legally available revenues and funds of the state are
2870     sufficient to meet the certified deficiency, the property tax for this purpose is abated.
2871          Section 78. Section 53G-4-901, which is renumbered from Section 53A-2-402 is
2872     renumbered and amended to read:
2873     
Part 9. Surplus School District Land

2874          [53A-2-402].      53G-4-901. Definitions.
2875          As used in this part:
2876          (1) "Eligible entity" means:
2877          (a) a city or town with a population density of 3,000 or more people per square mile; or
2878          (b) a county whose unincorporated area includes a qualifying planning advisory area.
2879          (2) "Purchase price" means the greater of:

2880          (a) an amount that is the average of:
2881          (i) 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 eligible entity; and
2883          (ii) the appraised value of the surplus property, based on the predominant zone in the
2884     surrounding area, as indicated in an appraisal obtained by the school district; and
2885          (b) the amount the school district paid to acquire the surplus property.
2886          (3) "Qualifying planning advisory area" means a planning advisory area under Section
2887     17-27a-306 that has a population density of 3,000 or more people per square mile within the
2888     boundaries of the planning advisory area.
2889          (4) "Surplus property" means land owned by a school district that:
2890          (a) was purchased with taxpayer money;
2891          (b) is located within a city or town that is an eligible entity or within a qualifying
2892     planning advisory area;
2893          (c) consists of one contiguous tract at least three acres in size; and
2894          (d) has been declared by the school district to be surplus.
2895          Section 79. Section 53G-4-902, which is renumbered from Section 53A-2-403 is
2896     renumbered and amended to read:
2897          [53A-2-403].      53G-4-902. Purchase of surplus property.
2898          (1) An eligible entity may purchase, and each school district shall sell, surplus property
2899     as provided in this section.
2900          (2) (a) Upon declaring land to be surplus property, each school district shall give
2901     written notice to each eligible entity in which the surplus property is located.
2902          (b) Each notice under Subsection (2)(a) shall:
2903          (i) state that the school district has declared the land to be surplus property; and
2904          (ii) describe the surplus property.
2905          (3) Subject to Subsection (4), an eligible entity may purchase the surplus property by
2906     paying the school district the purchase price.
2907          (4) (a) The legislative body of each eligible entity desiring to purchase surplus property
2908     under this section shall:
2909          (i) within 90 days after the eligible entity receives notice under Subsection (2), adopt a
2910     resolution declaring the intent to purchase the surplus property and deliver a copy of the

2911     resolution to the school district; and
2912          (ii) within 90 days after delivering a copy of the resolution under Subsection (4)(a)(i)
2913     to the school district, deliver to the school district an earnest money offer to purchase the
2914     surplus property at the purchase price.
2915          (b) If an eligible entity fails to comply with either of the requirements under Subsection
2916     (4)(a) within the applicable time period, the eligible entity forfeits the right to purchase the
2917     surplus property.
2918          (5) (a) An eligible entity may waive its right to purchase surplus property under this
2919     part by submitting a written waiver to the school district.
2920          (b) If an eligible entity submits a waiver under Subsection (5)(a), the school district has
2921     no further obligation under this part to sell the surplus property to the eligible entity.
2922          (6) Surplus property acquired by an eligible entity may not be used for any purpose
2923     other than:
2924          (a) a county, city, or town hall;
2925          (b) a park or other open space;
2926          (c) a cultural center or community center;
2927          (d) a facility for the promotion, creation, or retention of public or private jobs within
2928     the state through planning, design, development, construction, rehabilitation, business
2929     relocation, or any combination of these, within a county, city, or town;
2930          (e) office, industrial, manufacturing, warehousing, distribution, parking, or other public
2931     or private facilities, or other improvements that benefit the state or a county, city, or town; or
2932          (f) a facility for a charter school under Chapter [1a, Part 5, The Utah Charter Schools
2933     Act] 5, Charter Schools.
2934          (7) (a) A school district that sells surplus property under this part may use proceeds
2935     from the sale only for bond debt reduction or school district capital facilities.
2936          (b) Each school district that sells surplus property under this part shall place all
2937     proceeds from the sale that are not used for bond debt reduction in a capital facilities fund of
2938     the school district for use for school district capital facilities.
2939          Section 80. Section 53G-4-903, which is renumbered from Section 53A-2-404 is
2940     renumbered and amended to read:
2941          [53A-2-404].      53G-4-903. Resale of surplus property.

2942          (1) If an eligible entity that has acquired surplus property under Section [53A-2-403]
2943     53G-4-902 afterwards declares that property to be surplus, the school district from which the
2944     eligible entity acquired the property may purchase, and the eligible entity shall sell, the property
2945     as provided in Section [53A-2-403] 53G-4-902, except that the price at which the school
2946     district shall be entitled to reacquire the property shall be the price that the eligible entity paid
2947     for the property, plus the cost of any existing improvements that the eligible entity made to the
2948     property after it purchased the property.
2949          (2) If the school district does not reacquire the surplus property under Subsection (1)
2950     and the eligible entity sells the surplus property to another buyer, the eligible entity and the
2951     school district shall equally share any proceeds of that sale that exceed the amount the eligible
2952     entity paid for the property plus the cost of any existing improvements the eligible entity made
2953     to the property after it purchased the property.
2954          Section 81. Section 53G-4-1001 is enacted to read:
2955     
Part 10. School Construction Due to New Industrial Plants

2956          53G-4-1001. Definitions.
2957          Reserved
2958          Section 82. Section 53G-4-1001.5, which is renumbered from Section 53A-22-101 is
2959     renumbered and amended to read:
2960          [53A-22-101].      53G-4-1001.5. Purpose of part.
2961          It is the purpose of this [chapter] part to provide school districts with the ability to raise
2962     funds for necessary new school construction, including additions to existing school buildings
2963     caused by the development of industrial plants that require large numbers of workers for their
2964     construction and operation.
2965          Section 83. Section 53G-4-1002, which is renumbered from Section 53A-22-102 is
2966     renumbered and amended to read:
2967          [53A-22-102].      53G-4-1002. New industrial plants in school district -- Duty
2968     of school district.
2969          A school district confronted with actual or anticipated large increases in enrollment
2970     because of the construction of a new industrial plant or plants to a degree that new buildings or
2971     additions to existing buildings are required shall make the following efforts to raise funds to
2972     meet those building needs:

2973          (1) bond to its maximum capacity and maintain maximum bonding by rebonding at
2974     least once every other year until building needs are met;
2975          (2) maintain an annual property tax levy for capital outlay and debt service combined
2976     of not less than .0036 per dollar of taxable value; and
2977          (3) initiate any action necessary to qualify for any state, federal, or other funds for
2978     capital outlay for which the district may be eligible.
2979          Section 84. Section 53G-4-1003, which is renumbered from Section 53A-22-103 is
2980     renumbered and amended to read:
2981          [53A-22-103].      53G-4-1003. Funds raised -- Highest priority projects.
2982          (1) Funds raised by the school district in accordance with this [chapter] part shall be
2983     used on the highest priority projects established by the district's five-year comprehensive
2984     capital outlay plan, which shall be approved by the State Board of Education.
2985          (2) The plan must include appropriate priorities for the construction of minimal
2986     facilities for new students.
2987          (3) If priority use of the funds raised by the district in accordance with this [chapter]
2988     part does not provide minimal facilities as defined by the State Board of Education for students
2989     in any new and remote community established in the district, or for students in existing
2990     communities because of the location of new or expanded industries in the area, the district may
2991     enter into lease-purchase agreements or lease with option to purchase agreements with private
2992     builders to furnish the minimal facilities required by the district and approved by the State
2993     Board of Education.
2994          (4) The district may make payments on these agreements from any of its otherwise
2995     uncommitted capital outlay funds.
2996          Section 85. Section 53G-4-1004, which is renumbered from Section 53A-22-104 is
2997     renumbered and amended to read:
2998          [53A-22-104].      53G-4-1004. Minimal school facilities -- Lease-purchase or
2999     lease with option to purchase agreement authorized.
3000          (1) If a school district is unable to find any private builder who is capable of furnishing
3001     minimal school facilities in new or existing communities, on terms acceptable to the district
3002     and to the State Board of Education, the developers of the industrial plant, or plants, may agree
3003     to provide minimal school facilities under a lease-purchase agreement or lease with option to

3004     purchase agreement with the district.
3005          (2) The district shall pay the developers according to the terms of the agreement from
3006     sources listed for such payments in this [chapter] part.
3007          Section 86. Section 53G-4-1005, which is renumbered from Section 53A-22-105 is
3008     renumbered and amended to read:
3009          [53A-22-105].      53G-4-1005. Remote industrial plant requiring new school
3010     building -- Construction permit requirements.
3011          A state officer or local governmental official may not issue a construction permit or
3012     other authorization for the construction of a remote industrial plant requiring the provision of a
3013     new community, including new public elementary and secondary school buildings, until the
3014     local school board of the district in which the plant will be located has certified to the state
3015     office or local official, in writing, that the district has obtained the funds, or a firm commitment
3016     that funds will be made available as necessary, to build the required minimal school facilities.
3017          Section 87. Section 53G-4-1006, which is renumbered from Section 53A-22-106 is
3018     renumbered and amended to read:
3019          [53A-22-106].      53G-4-1006. Rules and regulations authorized.
3020          The State Board of Education shall adopt all standards and rules necessary for the
3021     administration and enforcement of this [chapter] part.
3022          Section 88. Section 53G-5-101 is enacted to read:
3023     
CHAPTER 5. CHARTER SCHOOLS

3024     
Part 1. General Provisions

3025          53G-5-101. Title.
3026          This chapter is known as "Charter Schools."
3027          Section 89. Section 53G-5-102, which is renumbered from Section 53A-1a-501.3 is
3028     renumbered and amended to read:
3029          [53A-1a-501.3].      53G-5-102. Definitions.
3030          As used in this [part] chapter:
3031          (1) "Asset" means property of all kinds, real and personal, tangible and intangible, and
3032     includes:
3033          (a) cash;
3034          (b) stock or other investments;

3035          (c) real property;
3036          (d) equipment and supplies;
3037          (e) an ownership interest;
3038          (f) a license;
3039          (g) a cause of action; and
3040          (h) any similar property.
3041          (2) "Board of trustees of a higher education institution" or "board of trustees" means:
3042          (a) the board of trustees of:
3043          (i) the University of Utah;
3044          (ii) Utah State University;
3045          (iii) Weber State University;
3046          (iv) Southern Utah University;
3047          (v) Snow College;
3048          (vi) Dixie State University;
3049          (vii) Utah Valley University; or
3050          (viii) Salt Lake Community College; or
3051          (b) the board of directors of a technical college described in Section 53B-2a-108.
3052          (3) "Charter agreement" or "charter" means an agreement made in accordance with
3053     Section [53A-1a-508] 53G-5-303 that authorizes the operation of a charter school.
3054          (4) "Charter school authorizer" or "authorizer" means the State Charter School Board, a
3055     local school board, or a board of trustees of a higher education institution that authorizes the
3056     establishment of a charter school.
3057          (5) "Governing board" means the board that operates a charter school.
3058          Section 90. Section 53G-5-103 is enacted to read:
3059          53G-5-103. Charter school funding.
3060          Unless otherwise specified, the provisions of Title 53F, Public Education System --
3061     Funding, govern charter school funding, including Title 53F, Chapter 2, Part 7, Charter School
3062     Funding, which governs levies imposed for charter school funding.
3063          Section 91. Section 53G-5-104, which is renumbered from Section 53A-1a-503 is
3064     renumbered and amended to read:
3065          [53A-1a-503].      53G-5-104. Purpose of charter schools.

3066          The purposes of the state's charter schools as a whole are to:
3067          (1) continue to improve student learning;
3068          (2) encourage the use of different and innovative teaching methods;
3069          (3) create new professional opportunities for educators that will allow them to actively
3070     participate in designing and implementing the learning program at the school;
3071          (4) increase choice of learning opportunities for students;
3072          (5) establish new models of public schools and a new form of accountability for
3073     schools that emphasizes the measurement of learning outcomes and the creation of innovative
3074     measurement tools;
3075          (6) provide opportunities for greater parental involvement in management decisions at
3076     the school level; and
3077          (7) expand public school choice in areas where schools have been identified for school
3078     improvement, corrective action, or restructuring under the No Child Left Behind Act of 2001,
3079     20 U.S.C. Sec. 6301 et seq.
3080          Section 92. Section 53G-5-201, which is renumbered from Section 53A-1a-501.5 is
3081     renumbered and amended to read:
3082     
Part 2. State Charter School Board

3083          [53A-1a-501.5].      53G-5-201. State Charter School Board created.
3084          (1) As used in this section, "organization that represents Utah's charter schools" means
3085     an organization, except a governmental entity, that advocates for charter schools, charter school
3086     parents, or charter school students.
3087          (2) (a) The State Charter School Board is created consisting of the following members
3088     appointed by the governor:
3089          (i) two members who have expertise in finance or small business management;
3090          (ii) three members who:
3091          (A) are nominated by an organization that represents Utah's charter schools; and
3092          (B) have expertise or experience in developing or administering a charter school; and
3093          (iii) two members who are nominated by the State Board of Education.
3094          (b) Each appointee shall have demonstrated dedication to the purposes of charter
3095     schools as outlined in Section [53A-1a-503] 53G-5-104.
3096          (c) At least two candidates shall be nominated for each appointment made under

3097     Subsection (2)(a)(ii) or (iii).
3098          (d) The governor may seek nominations for a prospective appointment under
3099     Subsection (2)(a)(ii) from one or more organizations that represent Utah's charter schools.
3100          (3) (a) State Charter School Board members shall serve four-year terms.
3101          (b) If a vacancy occurs, the governor shall appoint a replacement for the unexpired
3102     term.
3103          (4) The governor may remove a member at any time for official misconduct, habitual
3104     or willful neglect of duty, or for other good and sufficient cause.
3105          (5) (a) The State Charter School Board shall annually elect a chair from its
3106     membership.
3107          (b) Four members of the board shall constitute a quorum.
3108          (c) Meetings may be called by the chair or upon request of three members of the board.
3109          (6) A member may not receive compensation or benefits for the member's service, but
3110     may receive per diem and travel expenses in accordance with:
3111          (a) Section 63A-3-106;
3112          (b) Section 63A-3-107; and
3113          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3114     63A-3-107.
3115          Section 93. Section 53G-5-202, which is renumbered from Section 53A-1a-501.6 is
3116     renumbered and amended to read:
3117          [53A-1a-501.6].      53G-5-202. Power and duties of State Charter School Board.
3118          (1) The State Charter School Board shall:
3119          (a) authorize and promote the establishment of charter schools, subject to the
3120     provisions in this [part] chapter and other related provisions;
3121          (b) annually review and evaluate the performance of charter schools authorized by the
3122     State Charter School Board and hold the schools accountable for their performance;
3123          (c) monitor charter schools authorized by the State Charter School Board for
3124     compliance with federal and state laws, rules, and regulations;
3125          (d) provide technical support to charter schools and persons seeking to establish charter
3126     schools by:
3127          (i) identifying and promoting successful charter school models;

3128          (ii) facilitating the application and approval process for charter school authorization;
3129          (iii) directing charter schools and persons seeking to establish charter schools to
3130     sources of private funding and support;
3131          (iv) reviewing and evaluating proposals to establish charter schools for the purpose of
3132     supporting and strengthening proposals before an application for charter school authorization is
3133     submitted to a charter school authorizer; and
3134          (v) assisting charter schools to understand and carry out their charter obligations;
3135          (e) provide technical support, as requested, to a charter school authorizer relating to
3136     charter schools;
3137          (f) make recommendations on legislation and rules pertaining to charter schools to the
3138     Legislature and State Board of Education, respectively; and
3139          (g) make recommendations to the State Board of Education on the funding of charter
3140     schools.
3141          (2) The State Charter School Board may:
3142          (a) contract;
3143          (b) sue and be sued; and
3144          (c) (i) at the discretion of the charter school, provide administrative services to, or
3145     perform other school functions for, charter schools authorized by the State Charter School
3146     Board; and
3147          (ii) charge fees for the provision of services or functions.
3148          Section 94. Section 53G-5-203, which is renumbered from Section 53A-1a-501.7 is
3149     renumbered and amended to read:
3150          [53A-1a-501.7].      53G-5-203. State Charter School Board -- Staff director --
3151     Facilities.
3152          (1) (a) The State Charter School Board, with the consent of the superintendent of
3153     public instruction, shall appoint a staff director for the State Charter School Board.
3154          (b) The State Charter School Board shall have authority to remove the staff director
3155     with the consent of the superintendent of public instruction.
3156          (c) The position of staff director is exempt from the career service provisions of Title
3157     67, Chapter 19, Utah State Personnel Management Act.
3158          (2) The superintendent of public instruction shall provide space for staff of the State

3159     Charter School Board in facilities occupied by the State Board of Education or the State Board
3160     of Education's employees, with costs charged for the facilities equal to those charged other
3161     sections and divisions under the State Board of Education.
3162          Section 95. Section 53G-5-204, which is renumbered from Section 53A-1a-507.1 is
3163     renumbered and amended to read:
3164          [53A-1a-507.1].      53G-5-204. Charter school innovative practices -- Report to
3165     State Charter School Board.
3166          Prior to July 31 of each year, a charter school may identify and report to the State
3167     Charter School Board its innovative practices which fulfill the purposes of charter schools as
3168     outlined in Section [53A-1a-503] 53G-5-104, including:
3169          (1) unique learning opportunities providing increased choice in education;
3170          (2) new public school models;
3171          (3) innovative teaching practices;
3172          (4) opportunities for educators to actively participate in the design and implementation
3173     of the learning program;
3174          (5) new forms of accountability emphasizing the measurement of learning outcomes
3175     and the creation of new measurement tools;
3176          (6) opportunities for greater parental involvement, including involvement in
3177     management decisions; and
3178          (7) the impact of the innovative practices on student achievement.
3179          Section 96. Section 53G-5-301, which is renumbered from Section 53A-1a-501.9 is
3180     renumbered and amended to read:
3181     
Part 3. Charter School Authorization

3182          [53A-1a-501.9].      53G-5-301. State Charter School Board to request
3183     applications for certain types of charter schools.
3184          (1) To meet the unique learning styles and needs of students, the State Charter School
3185     Board shall seek to expand the types of instructional methods and programs offered by schools,
3186     as provided in this section.
3187          (2) (a) The State Charter School Board shall request individuals, groups of individuals,
3188     or not-for-profit legal entities to submit an application to the State Charter School Board to
3189     establish a charter school that employs new and creative methods to meet the unique learning

3190     styles and needs of students, such as:
3191          (i) a military charter school;
3192          (ii) a charter school whose mission is to enhance learning opportunities for students at
3193     risk of academic failure;
3194          (iii) a charter school whose focus is career and technical education;
3195          (iv) a single gender charter school; or
3196          (v) a charter school with an international focus that provides opportunities for the
3197     exchange of students or teachers.
3198          (b) In addition to a charter school identified in Subsection (2)(a), the State Charter
3199     School Board shall request applications for other types of charter schools that meet the unique
3200     learning styles and needs of students.
3201          (3) The State Charter School Board shall publicize a request for applications to
3202     establish a charter school specified in Subsection (2).
3203          (4) A charter school application submitted pursuant to Subsection (2) shall be subject
3204     to the application and approval procedures specified in Section [53A-1a-505] 53G-5-304.
3205          (5) The State Charter School Board and the State Board of Education may approve one
3206     or more applications for each charter school specified in Subsection (2), subject to the
3207     Legislature appropriating funds for, or authorizing, an increase in charter school enrollment
3208     capacity as provided in Section [53A-1a-502.5] 53G-6-504.
3209          (6) The State Board of Education shall submit a request to the Legislature to
3210     appropriate funds for, or authorize, the enrollment of students in charter schools tentatively
3211     approved under this section.
3212          Section 97. Section 53G-5-302, which is renumbered from Section 53A-1a-504 is
3213     renumbered and amended to read:
3214          [53A-1a-504].      53G-5-302. Charter school application -- Applicants --
3215     Contents.
3216          (1) (a) An application to establish a charter school may be submitted by:
3217          (i) an individual;
3218          (ii) a group of individuals; or
3219          (iii) a nonprofit legal entity organized under Utah law.
3220          (b) An authorized charter school may apply under this chapter for a charter from

3221     another charter school authorizer.
3222          (2) A charter school application shall include:
3223          (a) the purpose and mission of the school;
3224          (b) except for a charter school authorized by a local school board, a statement that,
3225     after entering into a charter agreement, the charter school will be organized and managed under
3226     Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act;
3227          (c) a description of the governance structure of the school, including:
3228          (i) a list of the governing board members that describes the qualifications of each
3229     member; and
3230          (ii) an assurance that the applicant shall, within 30 days of authorization, provide the
3231     authorizer with the results of a background check for each member;
3232          (d) a description of the target population of the school that includes:
3233          (i) the projected maximum number of students the school proposes to enroll;
3234          (ii) the projected school enrollment for each of the first three years of school operation;
3235     and
3236          (iii) the ages or grade levels the school proposes to serve;
3237          (e) academic goals;
3238          (f) qualifications and policies for school employees, including policies that:
3239          (i) comply with the criminal background check requirements described in Section
3240     [53A-1a-512.5] 53G-5-408;
3241          (ii) require employee evaluations; and
3242          (iii) address employment of relatives within the charter school;
3243          (g) a description of how the charter school will provide, as required by state and federal
3244     law, special education and related services;
3245          (h) for a public school converting to charter status, arrangements for:
3246          (i) students who choose not to continue attending the charter school; and
3247          (ii) teachers who choose not to continue teaching at the charter school;
3248          (i) a statement that describes the charter school's plan for establishing the charter
3249     school's facilities, including:
3250          (i) whether the charter school intends to lease or purchase the charter school's facilities;
3251     and

3252          (ii) financing arrangements;
3253          (j) a market analysis of the community the school plans to serve;
3254          (k) a capital facility plan;
3255          (l) a business plan;
3256          (m) other major issues involving the establishment and operation of the charter school;
3257     and
3258          (n) the signatures of the governing board members of the charter school.
3259          (3) A charter school authorizer may require a charter school application to include:
3260          (a) the charter school's proposed:
3261          (i) curriculum;
3262          (ii) instructional program; or
3263          (iii) delivery methods;
3264          (b) a method for assessing whether students are reaching academic goals, including, at
3265     a minimum, administering the statewide assessments described in Section [53A-1-602]
3266     53E-4-301;
3267          (c) a proposed calendar;
3268          (d) sample policies;
3269          (e) a description of opportunities for parental involvement;
3270          (f) a description of the school's administrative, supervisory, or other proposed services
3271     that may be obtained through service providers; or
3272          (g) other information that demonstrates an applicant's ability to establish and operate a
3273     charter school.
3274          Section 98. Section 53G-5-303, which is renumbered from Section 53A-1a-508 is
3275     renumbered and amended to read:
3276          [53A-1a-508].      53G-5-303. Charter agreement -- Content -- Modification.
3277          (1) A charter agreement:
3278          (a) is a contract between the charter school applicant and the charter school authorizer;
3279          (b) shall describe the rights and responsibilities of each party; and
3280          (c) shall allow for the operation of the applicant's proposed charter school.
3281          (2) A charter agreement shall include:
3282          (a) the name of:

3283          (i) the charter school; and
3284          (ii) the charter school applicant;
3285          (b) the mission statement and purpose of the charter school;
3286          (c) the charter school's opening date;
3287          (d) the grade levels and number of students the charter school will serve;
3288          (e) a description of the structure of the charter school governing board, including:
3289          (i) the number of board members;
3290          (ii) how members of the board are appointed; and
3291          (iii) board members' terms of office;
3292          (f) assurances that:
3293          (i) the charter school governing board will comply with:
3294          (A) the charter school's bylaws;
3295          (B) the charter school's articles of incorporation; and
3296          (C) applicable federal law, state law, and State Board of Education rules;
3297          (ii) the charter school governing board will meet all reporting requirements described
3298     in Section [53A-1a-507] 53G-5-404; and
3299          (iii) except as provided in [Title 53A, Chapter 20b, Part 2] Part 6, Charter School
3300     Credit Enhancement Program, neither the authorizer nor the state, including an agency of the
3301     state, is liable for the debts or financial obligations of the charter school or a person who
3302     operates the charter school;
3303          (g) which administrative rules the State Board of Education will waive for the charter
3304     school;
3305          (h) minimum financial standards for operating the charter school;
3306          (i) minimum standards for student achievement; and
3307          (j) signatures of the charter school authorizer and the charter school governing board
3308     members.
3309          (3) (a) Except as provided in Subsection (3)(b), a charter agreement may not be
3310     modified except by mutual agreement between the charter school authorizer and the charter
3311     school governing board.
3312          (b) A charter school governing board may modify the charter school's charter
3313     agreement without the mutual agreement described in Subsection (3)(a) to include an

3314     enrollment preference described in Subsection [53A-1a-506] 53G-6-502(4)(g).
3315          Section 99. Section 53G-5-304, which is renumbered from Section 53A-1a-505 is
3316     renumbered and amended to read:
3317          [53A-1a-505].      53G-5-304. Charter schools authorized by the State Charter
3318     School Board -- Application process -- Prohibited bases of application denial.
3319          (1) (a) An applicant seeking authorization of a charter school from the State Charter
3320     School Board shall provide a copy of the application to the local school board of the school
3321     district in which the proposed charter school shall be located either before or at the same time it
3322     files its application with the State Charter School Board.
3323          (b) The local board may review the application and may offer suggestions or
3324     recommendations to the applicant or the State Charter School Board prior to its acting on the
3325     application.
3326          (c) The State Charter School Board shall give due consideration to suggestions or
3327     recommendations made by the local school board under Subsection (1)(b).
3328          (d) The State Charter School Board shall review and, by majority vote, either approve
3329     or deny the application.
3330          (e) The State Board of Education shall, by majority vote, within 60 days after action by
3331     the State Charter School Board under Subsection (1)(d):
3332          (i) approve or deny an application approved by the State Charter School Board; or
3333          (ii) hear an appeal, if any, of an application denied by the State Charter School Board.
3334          (f) The State Board of Education's action under Subsection (1)(d) is final action subject
3335     to judicial review.
3336          (g) A charter school application may not be denied on the basis that the establishment
3337     of the charter school will have any or all of the following impacts on a public school, including
3338     another charter school:
3339          (i) an enrollment decline;
3340          (ii) a decrease in funding; or
3341          (iii) a modification of programs or services.
3342          (2) The State Board of Education shall make a rule providing a timeline for the
3343     opening of a charter school following the approval of a charter school application by the State
3344     Charter School Board.

3345          (3) After approval of a charter school application and in accordance with Section
3346     [53A-1a-508] 53G-5-303, the applicant and the State Charter School Board shall set forth the
3347     terms and conditions for the operation of the charter school in a written charter agreement.
3348          (4) The State Charter School Board shall, in accordance with State Board of Education
3349     rules, establish and make public the State Charter School Board's:
3350          (a) application requirements, in accordance with Section [53A-1a-504] 53G-5-302;
3351          (b) application process, including timelines, in accordance with this section; and
3352          (c) minimum academic, financial, and enrollment standards.
3353          Section 100. Section 53G-5-305, which is renumbered from Section 53A-1a-515 is
3354     renumbered and amended to read:
3355          [53A-1a-515].      53G-5-305. Charters authorized by local school boards --
3356     Application process -- Local school board responsibilities.
3357          (1) (a) An applicant identified in Section [53A-1a-504] 53G-5-302 may submit an
3358     application to a local school board to establish and operate a charter school within the
3359     geographical boundaries of the school district administered by the local school board.
3360          (b) (i) The principal, teachers, or parents of students at an existing public school may
3361     submit an application to the local school board to convert the school or a portion of the school
3362     to charter status.
3363          (A) If the entire school is applying for charter status, at least two-thirds of the licensed
3364     educators employed at the school and at least two-thirds of the parents or guardians of students
3365     enrolled at the school must have signed a petition approving the application prior to its
3366     submission to the charter school authorizer.
3367          (B) If only a portion of the school is applying for charter status, the percentage is
3368     reduced to a simple majority.
3369          (ii) The local school board may not approve an application submitted under Subsection
3370     (1)(b)(i) unless the local school board determines that:
3371          (A) students opting not to attend the proposed converted school would have access to a
3372     comparable public education alternative; and
3373          (B) current teachers who choose not to teach at the converted charter school or who are
3374     not retained by the school at the time of its conversion would receive a first preference for
3375     transfer to open teaching positions for which they qualify within the school district, and, if no

3376     positions are open, contract provisions or board policy regarding reduction in staff would
3377     apply.
3378          (2) (a) An existing public school that converts to charter status under a charter granted
3379     by a local school board may:
3380          (i) continue to receive the same services from the school district that it received prior to
3381     its conversion; or
3382          (ii) contract out for some or all of those services with other public or private providers.
3383          (b) Any other charter school authorized by a local school board may contract with the
3384     board to receive some or all of the services referred to in Subsection (3)(a).
3385          (c) Except as specified in a charter agreement, local school board assets do not transfer
3386     to an existing public school that converts to charter status under a charter granted by a local
3387     school board under this section.
3388          (3) (a) (i) A public school that converts to a charter school under a charter granted by a
3389     local school board shall receive funding:
3390          (A) through the school district; and
3391          (B) on the same basis as it did prior to its conversion to a charter school.
3392          (ii) The school may also receive federal money designated for charter schools under
3393     any federal program.
3394          (b) (i) A local school board-authorized charter school operating in a facility owned by
3395     the school district and not paying reasonable rent to the school district shall receive funding:
3396          (A) through the school district; and
3397          (B) on the same basis that other district schools receive funding.
3398          (ii) The school may also receive federal money designated for charter schools under
3399     any federal program.
3400          (c) Subject to the provisions in Section [53A-1a-502.5] 53G-6-504, a charter school
3401     authorized by a local school board shall receive funding as provided in [Section 53A-1a-513]
3402     Title 53F, Chapter 2, Part 7, Charter School Funding.
3403          (d) (i) A charter school authorized by a local school board, but not described in
3404     Subsection (3)(a), (b), or (c) shall receive funding:
3405          (A) through the school district; and
3406          (B) on the same basis that other district schools receive funding.

3407          (ii) The school may also receive federal money designated for charter schools under
3408     any federal program.
3409          (4) (a) A local school board that receives an application for a charter school under this
3410     section shall, within 45 days, either accept or reject the application.
3411          (b) If the board rejects the application, it shall notify the applicant in writing of the
3412     reason for the rejection.
3413          (c) The applicant may submit a revised application for reconsideration by the board.
3414          (d) If the local school board refuses to authorize the applicant, the applicant may seek a
3415     charter from the State Charter School Board under Section [53A-1a-505] 53G-5-304.
3416          (5) The State Board of Education shall make a rule providing for a timeline for the
3417     opening of a charter school following the approval of a charter school application by a local
3418     school board.
3419          (6) After approval of a charter school application and in accordance with Section
3420     [53A-1a-508] 53G-5-303, the applicant and the local school board shall set forth the terms and
3421     conditions for the operation of the charter school in a written charter agreement.
3422          (7) A local school board shall:
3423          (a) annually review and evaluate the performance of charter schools authorized by the
3424     local school board and hold the schools accountable for their performance;
3425          (b) monitor charter schools authorized by the local school board for compliance with
3426     federal and state laws, rules, and regulations; and
3427          (c) provide technical support to charter schools authorized by the local school board to
3428     assist them in understanding and performing their charter obligations.
3429          (8) A local school board may terminate a charter school it authorizes as provided in
3430     Sections [53A-1a-509] 53G-5-501 and [53A-1a-510] 53G-5-503.
3431          (9) In addition to the exemptions described in Sections [53A-1a-511] 53G-5-405,
3432     53G-7-202, and [53A-1a-512] 53G-5-407, a charter school authorized by a local school board
3433     is:
3434          (a) not required to separately submit a report or information required under this [title]
3435     public education code to the State Board of Education if the information is included in a report
3436     or information that is submitted by the local school board or school district; and
3437          (b) exempt from the requirement under Section [53A-1a-507] 53G-5-404 that a charter

3438     school shall be organized and managed under Title 16, Chapter 6a, Utah Revised Nonprofit
3439     Corporation Act.
3440          (10) Before a local school board accepts a charter school application, the local school
3441     board shall, in accordance with State Board of Education rules, establish and make public the
3442     local school board's:
3443          (a) application requirements, in accordance with Section [53A-1a-504] 53G-5-302;
3444          (b) application process, including timelines, in accordance with this section; and
3445          (c) minimum academic, financial, and enrollment standards.
3446          Section 101. Section 53G-5-306, which is renumbered from Section 53A-1a-521 is
3447     renumbered and amended to read:
3448          [53A-1a-521].      53G-5-306. Charter schools authorized by a board of
3449     trustees of a higher education institution -- Application process -- Board of trustees
3450     responsibilities.
3451          (1) Subject to the approval of the State Board of Education and except as provided in
3452     Subsection (8), an applicant identified in Section [53A-1a-504] 53G-5-302 may enter into an
3453     agreement with a board of trustees of a higher education institution authorizing the applicant to
3454     establish and operate a charter school.
3455          (2) (a) An applicant applying for authorization from a board of trustees to establish and
3456     operate a charter school shall provide a copy of the application to the State Charter School
3457     Board and the local school board of the school district in which the proposed charter school
3458     will be located either before or at the same time the applicant files the application with the
3459     board of trustees.
3460          (b) The State Charter School Board and the local school board may review the
3461     application and offer suggestions or recommendations to the applicant or the board of trustees
3462     before acting on the application.
3463          (c) The board of trustees shall give due consideration to suggestions or
3464     recommendations made by the State Charter School Board or the local school board under
3465     Subsection (2)(b).
3466          (3) (a) If a board of trustees approves an application to establish and operate a charter
3467     school, the board of trustees shall submit the application to the State Board of Education.
3468          (b) The State Board of Education shall, by majority vote, within 60 days of receipt of

3469     the application, approve or deny an application approved by a board of trustees.
3470          (c) The State Board of Education's action under Subsection (3)(b) is final action subject
3471     to judicial review.
3472          (4) The State Board of Education shall make a rule providing a timeline for the
3473     opening of a charter school following the approval of a charter school application by a board of
3474     trustees.
3475          (5) After approval of a charter school application, the applicant and the board of
3476     trustees shall set forth the terms and conditions for the operation of the charter school in a
3477     written charter agreement.
3478          (6) (a) The school's charter may include a provision that the charter school pay an
3479     annual fee for the board of trustees' costs in providing oversight of, and technical support to,
3480     the charter school in accordance with Subsection (7).
3481          (b) In the first two years that a charter school is in operation, an annual fee described in
3482     Subsection (6)(a) may not exceed the product of 3% of the revenue the charter school receives
3483     from the state in the current fiscal year.
3484          (c) Beginning with the third year that a charter school is in operation, an annual fee
3485     described in Subsection (6)(a) may not exceed the product of 1% of the revenue a charter
3486     school receives from the state in the current fiscal year.
3487          (d) An annual fee described in Subsection (6)(a) shall be:
3488          (i) paid to the board of trustees' higher education institution; and
3489          (ii) expended as directed by the board of trustees.
3490          (7) A board of trustees shall:
3491          (a) annually review and evaluate the performance of charter schools authorized by the
3492     board of trustees and hold the schools accountable for their performance;
3493          (b) monitor charter schools authorized by the board of trustees for compliance with
3494     federal and state laws, rules, and regulations; and
3495          (c) provide technical support to charter schools authorized by the board of trustees to
3496     assist them in understanding and performing their charter obligations.
3497          (8) (a) In addition to complying with the requirements of this section, a technical
3498     college board of directors described in Section 53B-2a-108 shall obtain the approval of the
3499     Utah System of Technical Colleges Board of Trustees before entering into an agreement to

3500     establish and operate a charter school.
3501          (b) If a technical college board of directors approves an application to establish and
3502     operate a charter school, the technical college board of directors shall submit the application to
3503     the Utah System of Technical Colleges Board of Trustees.
3504          (c) The Utah System of Technical Colleges Board of Trustees shall, by majority vote,
3505     within 60 days of receipt of an application described in Subsection (8)(b), approve or deny the
3506     application.
3507          (d) The Utah System of Technical Colleges Board of Trustees may deny an application
3508     approved by a technical college board of directors if the proposed charter school does not
3509     accomplish a purpose of charter schools as provided in Section [53A-1a-503] 53G-5-104.
3510          (e) A charter school application may not be denied on the basis that the establishment
3511     of the charter school will have any or all of the following impacts on a public school, including
3512     another charter school:
3513          (i) an enrollment decline;
3514          (ii) a decrease in funding; or
3515          (iii) a modification of programs or services.
3516          (9) (a) Subject to the requirements of this [part] chapter and other related provisions, a
3517     technical college board of directors may establish:
3518          (i) procedures for submitting applications to establish and operate a charter school; or
3519          (ii) criteria for approval of an application to establish and operate a charter school.
3520          (b) The Utah System of Technical Colleges Board of Trustees may not establish policy
3521     governing the procedures or criteria described in Subsection (9)(a).
3522          (10) Before a technical college board of directors accepts a charter school application,
3523     the technical college board of directors shall, in accordance with State Board of Education
3524     rules, establish and make public:
3525          (a) application requirements, in accordance with Section [53A-1a-504] 53G-5-302;
3526          (b) the application process, including timelines, in accordance with this section; and
3527          (c) minimum academic, financial, and enrollment standards.
3528          Section 102. Section 53G-5-401, which is renumbered from Section 53A-1a-503.5 is
3529     renumbered and amended to read:
3530     
Part 4. Powers and Duties


3531          [53A-1a-503.5].      53G-5-401. Status of charter schools.
3532          (1) Charter schools are:
3533          (a) considered to be public schools within the state's public education system;
3534          (b) subject to Subsection [53A-1-401] 53E-3-401(8); and
3535          (c) governed by independent boards and held accountable to a legally binding written
3536     contractual agreement.
3537          (2) A charter school may be established by:
3538          (a) creating a new school; or
3539          (b) converting an existing public school to charter status.
3540          (3) A parochial school or home school is not eligible for charter school status.
3541          Section 103. Section 53G-5-402, which is renumbered from Section 53A-1a-523 is
3542     renumbered and amended to read:
3543          [53A-1a-523].      53G-5-402. Property tax exemption for property owned by a
3544     charter school.
3545          For purposes of a property tax exemption for property of school districts under
3546     Subsection 59-2-1101(3)(a)(ii)(B), a charter school is considered to be a school district.
3547          Section 104. Section 53G-5-403, which is renumbered from Section 53A-1a-517 is
3548     renumbered and amended to read:
3549          [53A-1a-517].      53G-5-403. Charter school assets.
3550          (1) (a) A charter school may receive, hold, manage, and use any devise, bequest, grant,
3551     endowment, gift, or donation of any asset made to the school for any of the purposes of this
3552     [part] chapter and other related provisions.
3553          (b) Unless a donor or grantor specifically provides otherwise in writing, all assets
3554     described in Subsection (1) shall be presumed to be made to the charter school and shall be
3555     included in the charter school's assets.
3556          (2) It is unlawful for any person affiliated with a charter school to demand or request
3557     any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated
3558     with the charter school as a condition for employment or enrollment at the school or continued
3559     attendance at the school.
3560          (3) All assets purchased with charter school funds shall be included in the charter
3561     school's assets.

3562          (4) A charter school may not dispose of its assets in violation of the provisions of this
3563     [part] chapter or other related provisions, state board rules, policies of its charter school
3564     authorizer, or its charter, including the provisions governing the closure of a charter school
3565     under Section [53A-1a-510.5] 53G-5-504.
3566          Section 105. Section 53G-5-404, which is renumbered from Section 53A-1a-507 is
3567     renumbered and amended to read:
3568          [53A-1a-507].      53G-5-404. Requirements for charter schools.
3569          (1) A charter school shall be nonsectarian in its programs, admission policies,
3570     employment practices, and operations.
3571          (2) A charter school may not charge tuition or fees, except those fees normally charged
3572     by other public schools.
3573          (3) A charter school shall meet all applicable federal, state, and local health, safety, and
3574     civil rights requirements.
3575          (4) (a) A charter school shall make the same annual reports required of other public
3576     schools under this [title] public education code, including an annual financial audit report.
3577          (b) A charter school shall file its annual financial audit report with the Office of the
3578     State Auditor within six months of the end of the fiscal year.
3579          (5) (a) A charter school shall be accountable to the charter school's authorizer for
3580     performance as provided in the school's charter.
3581          (b) To measure the performance of a charter school, an authorizer may use data
3582     contained in:
3583          (i) the charter school's annual financial audit report;
3584          (ii) a report submitted by the charter school as required by statute; or
3585          (iii) a report submitted by the charter school as required by its charter.
3586          (c) A charter school authorizer may not impose performance standards, except as
3587     permitted by statute, that limit, infringe, or prohibit a charter school's ability to successfully
3588     accomplish the purposes of charter schools as provided in Section [53A-1a-503] 53G-5-104 or
3589     as otherwise provided in law.
3590          (6) A charter school may not advocate unlawful behavior.
3591          (7) Except as provided in Section [53A-1a-515] 53G-5-305, a charter school shall be
3592     organized and managed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act,

3593     after its authorization.
3594          (8) A charter school shall provide adequate liability and other appropriate insurance.
3595          (9) Beginning on July 1, 2014, a charter school shall submit any lease, lease-purchase
3596     agreement, or other contract or agreement relating to the charter school's facilities or financing
3597     of the charter school's facilities to the school's authorizer and an attorney for review and advice
3598     prior to the charter school entering into the lease, agreement, or contract.
3599          (10) A charter school may not employ an educator whose license has been suspended
3600     or revoked by the State Board of Education under Section [53A-6-501] 53E-6-604.
3601          Section 106. Section 53G-5-405, which is renumbered from Section 53A-1a-511 is
3602     renumbered and amended to read:
3603          [53A-1a-511].      53G-5-405. Waivers from state board rules -- Application of
3604     statutes and rules to charter schools.
3605          (1) A charter school shall operate in accordance with its charter and is subject to [Title
3606     53A, State System of Public Education,] this public education code and other state laws
3607     applicable to public schools, except as otherwise provided in this [part] chapter and other
3608     related provisions.
3609          [(2) (a) A charter school or any other public school or school district may apply to the
3610     State Board of Education for a waiver of any state board rule that inhibits or hinders the school
3611     or the school district from accomplishing its mission or educational goals set out in its strategic
3612     plan or charter.]
3613          [(b) The state board may grant the waiver, unless:]
3614          [(i) the waiver would cause the school district or the school to be in violation of state
3615     or federal law; or]
3616          [(ii) the waiver would threaten the health, safety, or welfare of students in the district
3617     or at the school.]
3618          [(c) If the State Board of Education denies the waiver, the reason for the denial shall be
3619     provided in writing to the waiver applicant.]
3620          [(3)] (2) (a) Except as provided in Subsection [(3)] (2)(b), State Board of Education
3621     rules governing the following do not apply to a charter school:
3622          (i) school libraries;
3623          (ii) required school administrative and supervisory services; and

3624          (iii) required expenditures for instructional supplies.
3625          (b) A charter school shall comply with rules implementing statutes that prescribe how
3626     state appropriations may be spent.
3627          [(4)] (3) The following provisions of [Title 53A, State System of Public Education]
3628     this public education code, and rules adopted under those provisions, do not apply to a charter
3629     school:
3630          (a) Sections [53A-1a-108] 53G-7-1202 and [53A-1a-108.5] 53G-7-1204, requiring the
3631     establishment of a school community council and school improvement plan;
3632          (b) Section [53A-3-420] 53G-4-409, requiring the use of activity disclosure statements;
3633          (c) Section [53A-12-207] 53G-7-606, requiring notification of intent to dispose of
3634     textbooks;
3635          (d) Section [53A-13-107] 53G-10-404, requiring annual presentations on adoption;
3636          (e) Sections [53A-19-103] 53G-7-304 and [53A-19-105] 53G-7-306 pertaining to fiscal
3637     procedures of school districts and local school boards; and
3638          (f) Section [53A-14-107] 53E-4-408, requiring an independent evaluation of
3639     instructional materials.
3640          [(5)] (4) For the purposes of Title 63G, Chapter 6a, Utah Procurement Code, a charter
3641     school is considered an educational procurement unit as defined in Section 63G-6a-103.
3642          [(6)] (5) Each charter school shall be subject to:
3643          (a) Title 52, Chapter 4, Open and Public Meetings Act; and
3644          (b) Title 63G, Chapter 2, Government Records Access and Management Act.
3645          [(7)] (6) A charter school is exempt from Section 51-2a-201.5, requiring accounting
3646     reports of certain nonprofit corporations. A charter school is subject to the requirements of
3647     Section [53A-1a-507] 53G-5-404.
3648          [(8)] (7) (a) The State Charter School Board shall, in concert with the charter schools,
3649     study existing state law and administrative rules for the purpose of determining from which
3650     laws and rules charter schools should be exempt.
3651          (b) (i) The State Charter School Board shall present recommendations for exemption to
3652     the State Board of Education for consideration.
3653          (ii) The State Board of Education shall consider the recommendations of the State
3654     Charter School Board and respond within 60 days.

3655          Section 107. Section 53G-5-406, which is renumbered from Section 53A-1a-520 is
3656     renumbered and amended to read:
3657          [53A-1a-520].      53G-5-406. Accountability -- Rules.
3658          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
3659     after consultation with chartering entities, the State Board of Education shall make rules that:
3660          (1) require a charter school to develop an accountability plan, approved by its charter
3661     school authorizer, during its first year of operation;
3662          (2) require an authorizer to:
3663          (a) visit a charter school at least once during:
3664          (i) its first year of operation; and
3665          (ii) the review period described under Subsection (3); and
3666          (b) provide written reports to its charter schools after the visits; and
3667          (3) establish a review process that is required of a charter school once every five years
3668     by its authorizer.
3669          Section 108. Section 53G-5-407, which is renumbered from Section 53A-1a-512 is
3670     renumbered and amended to read:
3671          [53A-1a-512].      53G-5-407. Employees of charter schools.
3672          (1) A charter school shall select its own employees.
3673          (2) The school's governing board shall determine the level of compensation and all
3674     terms and conditions of employment, except as otherwise provided in Subsections (7) and (8)
3675     and under this [part] chapter and other related provisions.
3676          (3) The following statutes governing public employees and officers do not apply to a
3677     charter school:
3678          (a) Chapter [8a, Public Education Human Resource Management Act] 11, Part 5,
3679     School District and USDB Employee Requirements; and
3680          (b) Title 52, Chapter 3, Prohibiting Employment of Relatives.
3681          (4) (a) To accommodate differentiated staffing and better meet student needs, a charter
3682     school, under rules adopted by the State Board of Education, shall employ teachers who:
3683          (i) are licensed; or
3684          (ii) on the basis of demonstrated competency, would qualify to teach under alternative
3685     certification or authorization programs.

3686          (b) The school's governing board shall disclose the qualifications of its teachers to the
3687     parents of its students.
3688          (5) State Board of Education rules governing the licensing or certification of
3689     administrative and supervisory personnel do not apply to charter schools.
3690          (6) (a) An employee of a school district may request a leave of absence in order to
3691     work in a charter school upon approval of the local school board.
3692          (b) While on leave, the employee may retain seniority accrued in the school district and
3693     may continue to be covered by the benefit program of the district if the charter school and the
3694     locally elected school board mutually agree.
3695          (7) (a) A proposed or authorized charter school may elect to participate as an employer
3696     for retirement programs under:
3697          (i) Title 49, Chapter 12, Public Employees' Contributory Retirement Act;
3698          (ii) Title 49, Chapter 13, Public Employees' Noncontributory Retirement Act; and
3699          (iii) Title 49, Chapter 22, New Public Employees' Tier II Contributory Retirement Act.
3700          (b) An election under this Subsection (7):
3701          (i) shall be documented by a resolution adopted by the governing board of the charter
3702     school; and
3703          (ii) applies to the charter school as the employer and to all employees of the charter
3704     school.
3705          (c) The governing board of a charter school may offer employee benefit plans for its
3706     employees:
3707          (i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
3708     or
3709          (ii) under any other program.
3710          (8) A charter school may not revoke an election to participate made under Subsection
3711     (7).
3712          (9) The governing board of a charter school shall ensure that, prior to the beginning of
3713     each school year, each of its employees signs a document acknowledging that the employee:
3714          (a) has received:
3715          (i) the disclosure required under Section 63A-4-204.5 if the charter school participates
3716     in the Risk Management Fund; or

3717          (ii) written disclosure similar to the disclosure required under Section 63A-4-204.5 if
3718     the charter school does not participate in the Risk Management Fund; and
3719          (b) understands the legal liability protection provided to the employee and what is not
3720     covered, as explained in the disclosure.
3721          Section 109. Section 53G-5-408, which is renumbered from Section 53A-1a-512.5 is
3722     renumbered and amended to read:
3723          [53A-1a-512.5].      53G-5-408. Criminal background checks on school
3724     personnel.
3725          The following individuals are required to submit to a criminal background check and
3726     ongoing monitoring as provided in Section [53A-15-1503] 53G-11-402:
3727          (1) an employee of a charter school who does not hold a current Utah educator license
3728     issued by the State Board of Education under Title [53A, Chapter 6, Educator Licensing and
3729     Professional Practices Act] 53E, Chapter 6, Education Professional Licensure;
3730          (2) a volunteer for a charter school who is given significant unsupervised access to a
3731     student in connection with the volunteer's assignment;
3732          (3) a contract employee, as defined in Section [53A-15-1502] 53G-11-401, who works
3733     at a charter school; and
3734          (4) a charter school governing board member.
3735          Section 110. Section 53G-5-409, which is renumbered from Section 53A-1a-518 is
3736     renumbered and amended to read:
3737          [53A-1a-518].      53G-5-409. Regulated transactions and relationships --
3738     Definitions -- Rulemaking.
3739          (1) As used in this section:
3740          (a) "Charter school officer" means:
3741          (i) a member of a charter school's governing board;
3742          (ii) a member of a board or an officer of a nonprofit corporation under which a charter
3743     school is organized and managed; or
3744          (iii) the chief administrative officer of a charter school.
3745          (b) (i) "Employment" means a position in which a person's salary, wages, pay, or
3746     compensation, whether as an employee or contractor, is paid from charter school funds.
3747          (ii) "Employment" does not include a charter school volunteer.

3748          (c) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother,
3749     uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
3750     sister-in-law, son-in-law, or daughter-in-law.
3751          (2) (a) Except as provided in Subsection (2)(b), a relative of a charter school officer
3752     may not be employed at a charter school.
3753          (b) If a relative of a charter school officer is to be considered for employment in a
3754     charter school, the charter school officer shall:
3755          (i) disclose the relationship, in writing, to the other charter school officers;
3756          (ii) submit the employment decision to the charter school's governing board for the
3757     approval, by majority vote, of the charter school's governing board;
3758          (iii) abstain from voting on the issue; and
3759          (iv) be absent from any meeting when the employment is being considered and
3760     determined.
3761          (3) (a) Except as provided in Subsections (3)(b) and (3)(c), a charter school officer or a
3762     relative of a charter school officer may not have a financial interest in a contract or other
3763     transaction involving a charter school in which the charter school officer serves as a charter
3764     school officer.
3765          (b) If a charter school's governing board considers entering into a contract or executing
3766     a transaction in which a charter school officer or a relative of a charter school officer has a
3767     financial interest, the charter school officer shall:
3768          (i) disclose the financial interest, in writing, to the other charter school officers;
3769          (ii) submit the contract or transaction decision to the charter school's governing board
3770     for the approval, by majority vote, of the charter school's governing board;
3771          (iii) abstain from voting on the issue; and
3772          (iv) be absent from any meeting when the contract or transaction is being considered
3773     and determined.
3774          (c) The provisions in Subsection (3)(a) do not apply to a reasonable contract of
3775     employment for:
3776          (i) the chief administrative officer of a charter school; or
3777          (ii) a relative of the chief administrative officer of a charter school whose employment
3778     is approved in accordance with the provisions in Subsection (2).

3779          (4) The State Board of Education or State Charter School Board may not operate a
3780     charter school.
3781          Section 111. Section 53G-5-410, which is renumbered from Section 53A-1a-524 is
3782     renumbered and amended to read:
3783          [53A-1a-524].      53G-5-410. Safe technology utilization and digital
3784     citizenship.
3785          A charter school governing board, or a council formed by a charter school governing
3786     board to prepare a plan for the use of School LAND Trust Program money under Section
3787     [53A-16-101.5] 53F-2-404:
3788          (1) shall provide for education and awareness on safe technology utilization and digital
3789     citizenship that empowers:
3790          (a) a student to make smart media and online choices; and
3791          (b) a parent or guardian to know how to discuss safe technology use with the parent's
3792     or guardian's child;
3793          (2) shall partner with the school's principal and other administrators to ensure that
3794     adequate on and off campus Internet filtering is installed and consistently configured to prevent
3795     viewing of harmful content by students and school personnel, in accordance with charter school
3796     governing board policy and Subsection [53A-1-706] 53G-7-216(3); and
3797          (3) may partner with one or more non-profit organizations to fulfill the duties described
3798     in Subsections (1) and (2).
3799          Section 112. Section 53G-5-411 is enacted to read:
3800          53G-5-411. Charter school fiscal year -- Statistical reports.
3801          (1) A charter school's fiscal year begins on July 1 and ends on June 30.
3802          (2) (a) A charter school shall forward statistical reports for the preceding school year,
3803     containing items required by law or by the State Board of Education, to the state superintendent
3804     on or before November 1 of each year.
3805          (b) The reports shall include information to enable the state superintendent to complete
3806     the statement required under Subsection 53E-3-301(3)(d)(v).
3807          (3) A charter school shall forward the accounting report required under Section
3808     51-2a-201 to the state superintendent on or before October 15 of each year.
3809          Section 113. Section 53G-5-412 is enacted to read:

3810          53G-5-412. Contract with regional service centers.
3811          A public school that is a charter school may enter into a contract with an eligible
3812     regional service center, as defined in Section 53G-4-410, to receive education related services
3813     from the eligible regional service center.
3814          Section 114. Section 53G-5-413 is enacted to read:
3815          53G-5-413. Charter school governing board meetings -- Rules of order and
3816     procedure.
3817          (1) As used in this section, "rules of order and procedure" means a set of rules that
3818     governs and prescribes in a public meeting:
3819          (a) parliamentary order and procedure;
3820          (b) ethical behavior; and
3821          (c) civil discourse.
3822          (2) Subject to Subsection (4), a charter school governing board shall:
3823          (a) adopt rules of order and procedure to govern a public meeting of the charter school
3824     governing board;
3825          (b) conduct a public meeting in accordance with the rules of order and procedure
3826     described in Subsection (2)(a); and
3827          (c) make the rules of order and procedure described in Subsection (2)(a) available to
3828     the public:
3829          (i) at each public meeting of the charter school governing board; and
3830          (ii) on the charter school governing board's public website, if available.
3831          (3) The requirements of this section do not affect a charter school governing board's
3832     duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
3833          Section 115. Section 53G-5-501, which is renumbered from Section 53A-1a-509 is
3834     renumbered and amended to read:
3835     
Part 5. Noncompliance, Charter Termination, and Liability

3836          [53A-1a-509].      53G-5-501. Noncompliance -- Rulemaking.
3837          (1) If a charter school is found to be out of compliance with the requirements of
3838     Section [53A-1a-507] 53G-5-404 or the school's charter, the charter school authorizer shall
3839     notify the following in writing that the charter school has a reasonable time to remedy the
3840     deficiency, except as otherwise provided in Subsection [53A-1a-510] 53G-5-503(4):

3841          (a) the governing board of the charter school; and
3842          (b) if the charter school is a qualifying charter school with outstanding bonds issued in
3843     accordance with [Chapter 20b, Part 2] Part 6, Charter School Credit Enhancement Program, the
3844     Utah Charter School Finance Authority.
3845          (2) If the charter school does not remedy the deficiency within the established timeline,
3846     the authorizer may:
3847          (a) subject to the requirements of Subsection (4), take one or more of the following
3848     actions:
3849          (i) remove a charter school director or finance officer;
3850          (ii) remove a governing board member; or
3851          (iii) appoint an interim director or mentor to work with the charter school; or
3852          (b) subject to the requirements of Section [53A-1a-510] 53G-5-503, terminate the
3853     school's charter.
3854          (3) The costs of an interim director or mentor appointed pursuant to Subsection (2)(a)
3855     shall be paid from the funds of the charter school for which the interim director or mentor is
3856     working.
3857          (4) The authorizer shall notify the Utah Charter School Finance Authority before the
3858     authorizer takes an action described in Subsections (2)(a)(i) through (iii) if the charter school is
3859     a qualifying charter school with outstanding bonds issued in accordance with [Chapter 20b,
3860     Part 2] Part 6, Charter School Credit Enhancement Program.
3861          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3862     State Board of Education shall make rules:
3863          (a) specifying the timeline for remedying deficiencies under Subsection (1); and
3864          (b) ensuring the compliance of a charter school with its approved charter.
3865          Section 116. Section 53G-5-502, which is renumbered from Section 53A-1a-509.5 is
3866     renumbered and amended to read:
3867          [53A-1a-509.5].      53G-5-502. Voluntary school improvement process.
3868          (1) As used in this section, "high performing charter school" means a charter school
3869     that:
3870          (a) satisfies all requirements of state law and State Board of Education rules;
3871          (b) has operated for at least three years meeting the terms of the school's charter

3872     agreement; and
3873          (c) has students performing at or above the academic performance standard in the
3874     school's charter agreement.
3875          (2) (a) Subject to Subsection (2)(b), a governing board may voluntarily request the
3876     charter school's authorizer to place the school in a school improvement process.
3877          (b) A governing board shall provide notice and a hearing on the governing board's
3878     intent to make a request under Subsection (2)(a) to parents and guardians of students enrolled
3879     in the charter school.
3880          (3) An authorizer may grant a governing board's request to be placed in a school
3881     improvement process if the governing board has provided notice and a hearing under
3882     Subsection (2)(b).
3883          (4) An authorizer that has entered into a school improvement process with a governing
3884     board shall:
3885          (a) enter into a contract with the governing board on the terms of the school
3886     improvement process;
3887          (b) notify the State Board of Education that the authorizer has entered into a school
3888     improvement process with the governing board;
3889          (c) make a report to a committee of the State Board of Education regarding the school
3890     improvement process; and
3891          (d) notify the Utah Charter School Finance Authority that the authorizer has entered
3892     into a school improvement process with the governing board if the charter school is a
3893     qualifying charter school with outstanding bonds issued in accordance with [Chapter 20b, Part
3894     2] Part 6, Charter School Credit Enhancement Program.
3895          (5) Upon notification under Subsection (4)(b), and after the report described in
3896     Subsection (4)(c), the State Board of Education shall notify charter schools and the school
3897     district in which the charter school is located that the governing board has entered into a school
3898     improvement process with the charter school's authorizer.
3899          (6) A high performing charter school or the school district in which the charter school
3900     is located may apply to the governing board to assume operation and control of the charter
3901     school that has been placed in a school improvement process.
3902          (7) A governing board that has entered into a school improvement process shall review

3903     applications submitted under Subsection (6) and submit a proposal to the charter school's
3904     authorizer to:
3905          (a) terminate the school's charter, notwithstanding the requirements of Section
3906     [53A-1a-510] 53G-5-503; and
3907          (b) transfer operation and control of the charter school to:
3908          (i) the school district in which the charter school is located; or
3909          (ii) a high performing charter school.
3910          (8) Except as provided in Subsection (9) and subject to Subsection (10), an authorizer
3911     may:
3912          (a) approve a governing board's proposal under Subsection (7); or
3913          (b) (i) deny a governing board's proposal under Subsection (7); and
3914          (ii) (A) terminate the school's charter in accordance with Section [53A-1a-510]
3915     53G-5-503;
3916          (B) allow the governing board to submit a revised proposal; or
3917          (C) take no action.
3918          (9) An authorizer may not take an action under Subsection (8) for a qualifying charter
3919     school with outstanding bonds issued in accordance with [Chapter 20b, Part 2] Part 6, Charter
3920     School Credit Enhancement Program, without mutual agreement of the Utah Charter School
3921     Finance Authority and the authorizer.
3922          (10) (a) An authorizer that intends to transfer operation and control of a charter school
3923     as described in Subsection (7)(b) shall request approval from the State Board of Education.
3924          (b) (i) The State Board of Education shall consider an authorizer's request under
3925     Subsection (10)(a) within 30 days of receiving the request.
3926          (ii) If the State Board of Education denies an authorizer's request under Subsection
3927     (10)(a), the authorizer may not transfer operation and control of the charter school as described
3928     in Subsection (7)(b).
3929          (iii) If the State Board of Education does not take action on an authorizer's request
3930     under Subsection (10)(a) within 30 days of receiving the request, an authorizer may proceed to
3931     transfer operation and control of the charter school as described in Subsection (7)(b).
3932          Section 117. Section 53G-5-503, which is renumbered from Section 53A-1a-510 is
3933     renumbered and amended to read:

3934          [53A-1a-510].      53G-5-503. Termination of a charter.
3935          (1) Subject to the requirements of Subsection (3), a charter school authorizer may
3936     terminate a school's charter for any of the following reasons:
3937          (a) failure of the charter school to meet the requirements stated in the charter;
3938          (b) failure to meet generally accepted standards of fiscal management;
3939          (c) subject to Subsection (8), failure to make adequate yearly progress under the No
3940     Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq.;
3941          (d) (i) designation as a low performing school under [Chapter 1, Part 12] Title 53E,
3942     Chapter 5, Part 3, School Turnaround and Leadership Development [Act]; and
3943          (ii) failure to improve the school's grade under the conditions described in [Chapter 1,
3944     Part 12] Title 53E, Chapter 5, Part 3, School Turnaround and Leadership Development [Act];
3945          (e) violation of requirements under this [part] chapter or another law; or
3946          (f) other good cause shown.
3947          (2) (a) The authorizer shall notify the following of the proposed termination in writing,
3948     state the grounds for the termination, and stipulate that the governing board may request an
3949     informal hearing before the authorizer:
3950          (i) the governing board of the charter school; and
3951          (ii) if the charter school is a qualifying charter school with outstanding bonds issued in
3952     accordance with [Chapter 20b, Part 2] Part 6, Charter School Credit Enhancement Program, the
3953     Utah Charter School Finance Authority.
3954          (b) Except as provided in Subsection (2)(e), the authorizer shall conduct the hearing in
3955     accordance with Title 63G, Chapter 4, Administrative Procedures Act, within 30 days after
3956     receiving a written request under Subsection (2)(a).
3957          (c) If the authorizer, by majority vote, approves a motion to terminate a charter school,
3958     the governing board of the charter school may appeal the decision to the State Board of
3959     Education.
3960          (d) (i) The State Board of Education shall hear an appeal of a termination made
3961     pursuant to Subsection (2)(c).
3962          (ii) The State Board of Education's action is final action subject to judicial review.
3963          (e) (i) If the authorizer proposes to terminate the charter of a qualifying charter school
3964     with outstanding bonds issued in accordance with [Chapter 20b, Part 2] Part 6, Charter School

3965     Credit Enhancement Program, the authorizer shall conduct a hearing described in Subsection
3966     (2)(b) 120 days or more after notifying the following of the proposed termination:
3967          (A) the governing board of the qualifying charter school; and
3968          (B) the Utah Charter School Finance Authority.
3969          (ii) Prior to the hearing described in Subsection (2)(e)(i), the Utah Charter School
3970     Finance Authority shall meet with the authorizer to determine whether the deficiency may be
3971     remedied in lieu of termination of the qualifying charter school's charter.
3972          (3) An authorizer may not terminate the charter of a qualifying charter school with
3973     outstanding bonds issued in accordance with [Chapter 20b, Part 2] Part 6, Charter School
3974     Credit Enhancement Program, without mutual agreement of the Utah Charter School Finance
3975     Authority and the authorizer.
3976          (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3977     the State Board of Education shall make rules that require a charter school to report any threats
3978     to the health, safety, or welfare of its students to the State Charter School Board in a timely
3979     manner.
3980          (b) The rules under Subsection (4)(a) shall also require the charter school report to
3981     include what steps the charter school has taken to remedy the threat.
3982          (5) Subject to the requirements of Subsection (3), the authorizer may terminate a
3983     charter immediately if good cause has been shown or if the health, safety, or welfare of the
3984     students at the school is threatened.
3985          (6) If a charter is terminated during a school year, the following entities may apply to
3986     the charter school's authorizer to assume operation of the school:
3987          (a) the school district where the charter school is located;
3988          (b) the governing board of another charter school; or
3989          (c) a private management company.
3990          (7) (a) If a charter is terminated, a student who attended the school may apply to and
3991     shall be enrolled in another public school under the enrollment provisions of [Chapter 2, Part
3992     2,] Chapter 6, Part 3, School District [of] Residency, subject to space availability.
3993          (b) Normal application deadlines shall be disregarded under Subsection (7)(a).
3994          (8) Subject to the requirements of Subsection (3), an authorizer may terminate a charter
3995     pursuant to Subsection (1)(c) under the same circumstances that local educational agencies are

3996     required to implement alternative governance arrangements under 20 U.S.C. Sec. 6316.
3997          Section 118. Section 53G-5-504, which is renumbered from Section 53A-1a-510.5 is
3998     renumbered and amended to read:
3999          [53A-1a-510.5].      53G-5-504. Charter school closure.
4000          (1) If a charter school is closed for any reason, including the termination of a charter in
4001     accordance with Section [53A-1a-510] 53G-5-503 or the conversion of a charter school to a
4002     private school, the provisions of this section apply.
4003          (2) A decision to close a charter school is made:
4004          (a) when a charter school authorizer approves a motion to terminate described in
4005     Subsection [53A-1a-510] 53G-5-503(2)(c);
4006          (b) when the State Board of Education takes final action described in Subsection
4007     [53A-1a-510] 53G-5-503(2)(d)(ii); or
4008          (c) when a charter school provides notice to the charter school's authorizer that the
4009     charter school is relinquishing the charter school's charter.
4010          (3) (a) No later than 10 days after the day on which a decision to close a charter school
4011     is made, the charter school shall:
4012          (i) provide notice to the following, in writing, of the decision:
4013          (A) if the charter school made the decision to close, the charter school's authorizer;
4014          (B) the State Charter School Board;
4015          (C) if the State Board of Education did not make the decision to close, the State Board
4016     of Education;
4017          (D) parents of students enrolled at the charter school;
4018          (E) the charter school's creditors;
4019          (F) the charter school's lease holders;
4020          (G) the charter school's bond issuers;
4021          (H) other entities that may have a claim to the charter school's assets;
4022          (I) the school district in which the charter school is located and other charter schools
4023     located in that school district; and
4024          (J) any other person that the charter school determines to be appropriate; and
4025          (ii) post notice of the decision on the Utah Public Notice Website, created in Section
4026     63F-1-701.

4027          (b) The notice described in Subsection (3)(a) shall include:
4028          (i) the proposed date of the charter school closure;
4029          (ii) the charter school's plans to help students identify and transition into a new school;
4030     and
4031          (iii) contact information for the charter school during the transition.
4032          (4) After a decision to close a charter school is made, the closing charter school shall:
4033          (a) designate a custodian for the protection of student files and school business records;
4034          (b) maintain a base of operation throughout the charter school closing, including:
4035          (i) an office;
4036          (ii) hours of operation;
4037          (iii) operational telephone service with voice messaging stating the hours of operation;
4038     and
4039          (iv) a designated individual to respond to questions or requests during the hours of
4040     operation;
4041          (c) maintain insurance coverage and risk management coverage throughout the
4042     transition to closure and for a period following closure of the charter school as specified by the
4043     charter school's authorizer;
4044          (d) complete a financial audit or other procedure required by board rule immediately
4045     after the decision to close is made;
4046          (e) inventory all assets of the charter school; and
4047          (f) list all creditors of the charter school and specifically identify secured creditors and
4048     assets that are security interests.
4049          (5) The closing charter school's authorizer shall oversee the closing charter school's
4050     compliance with Subsection (4).
4051          (6) (a) A closing charter school shall return any assets remaining, after all liabilities
4052     and obligations of the closing charter school are paid or discharged, to the closing charter
4053     school's authorizer.
4054          (b) The closing charter school's authorizer shall liquidate assets at fair market value or
4055     assign the assets to another public school.
4056          (7) The closing charter school's authorizer shall oversee liquidation of assets and
4057     payment of debt in accordance with board rule.

4058          (8) The closing charter school shall:
4059          (a) comply with all state and federal reporting requirements; and
4060          (b) submit all documentation and complete all state and federal reports required by the
4061     closing charter school's authorizer or the State Board of Education , including documents to
4062     verify the closing charter school's compliance with procedural requirements and satisfaction of
4063     all financial issues.
4064          (9) When the closing charter school's financial affairs are closed out and dissolution is
4065     complete, the authorizer shall ensure that a final audit of the charter school is completed.
4066          (10) On or before January 1, 2017, in accordance with Title 63G, Chapter 3, Utah
4067     Administrative Rulemaking Act, the State Board of Education shall, after considering
4068     suggestions from charter school authorizers, make rules that:
4069          (a) provide additional closure procedures for charter schools ; and
4070          (b) establish a charter school closure process.
4071          Section 119. Section 53G-5-505, which is renumbered from Section 53A-1a-514 is
4072     renumbered and amended to read:
4073          [53A-1a-514].      53G-5-505. Tort liability.
4074          (1) An employee of a charter school is a public employee and the governing board is a
4075     public employer in the same manner as a local school board for purposes of tort liability.
4076          (2) The governing board of a charter school, the nonprofit corporation under which the
4077     charter school is organized and managed, and the school are solely liable for any damages
4078     resulting from a legal challenge involving the operation of the school.
4079          Section 120. Section 53G-5-601, which is renumbered from Section 53A-20b-102 is
4080     renumbered and amended to read:
4081     
Part 6. Charter School Credit Enhancement Program

4082          [53A-20b-102].      53G-5-601. Definitions.
4083          As used in this [chapter] part:
4084          (1) "Annual charter school enrollment" means the total enrollment of all students in the
4085     state enrolled in a charter school in grades kindergarten through grade 12, based on October 1
4086     enrollment counts.
4087          (2) "Annual state enrollment" means the total enrollment of all students in the state
4088     enrolled in a public school in grades kindergarten through grade 12, based on October 1

4089     enrollment counts.
4090          (3) "Authority" means the Utah Charter School Finance Authority created by this part.
4091          (4) "Board" means the governing board of the authority described in Section
4092     [53A-20b-103] 53G-5-602.
4093          (5) "Charter school" means a school created under [Title 53A, Chapter 1a, Part 5, The
4094     Utah Charter Schools Act] this chapter.
4095          (6) "Credit enhancement program" means the Charter School Credit Enhancement
4096     Program established in [Part 2, Charter School Credit Enhancement Program] Section
4097     53G-5-606.
4098          (7) "Debt service reserve fund" means the reserve fund created or established by, or for
4099     the benefit of, a qualifying charter school for the purpose of paying principal of and interest on
4100     bonds issued under the credit enhancement program as the payments become due and other
4101     money of the qualifying charter school is not available to make the payments.
4102          (8) "Debt service reserve fund requirement" means, as of a particular date of
4103     computation, and with respect to a particular issue of bonds, the amount required to be on
4104     deposit in the debt service reserve fund, which amount:
4105          (a) may be a sum certain or as set forth in a formula; and
4106          (b) may not be less than the maximum annual debt service requirement for the related
4107     bonds.
4108          (9) (a) "Obligations" mean any notes, debentures, revenue bonds, or other evidences of
4109     financial indebtedness, except as provided in Subsection (9)(b).
4110          (b) "Obligations" do not include general obligation bonds.
4111          (10) "Project" means:
4112          (a) any building, structure, or property owned, to be acquired, or used by a charter
4113     school for any of its educational purposes and the related appurtenances, easements,
4114     rights-of-way, improvements, paving, utilities, landscaping, parking facilities, and lands; or
4115          (b) any capital equipment owned, to be acquired, or used by a charter school for any of
4116     its educational purposes, interests in land, and grounds, together with the personal property
4117     necessary, convenient, or appurtenant to them.
4118          (11) "Qualifying charter school" means a charter school that:
4119          (a) meets standards adopted by the authority for participation in the credit enhancement

4120     program; and
4121          (b) is designated by the authority as a qualifying charter school for purposes of
4122     participation in the credit enhancement program.
4123          (12) "Reserve account" means the Charter School Reserve Account created in Section
4124     [53A-20b-301] 53F-9-303.
4125          Section 121. Section 53G-5-602, which is renumbered from Section 53A-20b-103 is
4126     renumbered and amended to read:
4127          [53A-20b-103].      53G-5-602. Utah Charter School Finance Authority created
4128     -- Members -- Compensation -- Services.
4129          (1) There is created a body politic and corporate known as the Utah Charter School
4130     Finance Authority. The authority is created to provide an efficient and cost-effective method of
4131     financing charter school facilities.
4132          (2) The governing board of the authority shall be composed of:
4133          (a) the governor or the governor's designee;
4134          (b) the state treasurer; and
4135          (c) the state superintendent of public instruction or the state superintendent's designee.
4136          (3) A member may not receive compensation or benefits for the member's service, but
4137     may receive per diem and travel expenses in accordance with:
4138          (a) Section 63A-3-106;
4139          (b) Section 63A-3-107; and
4140          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4141     63A-3-107.
4142          (4) Upon request, the State Board of Education shall provide staff support to the
4143     authority.
4144          Section 122. Section 53G-5-603, which is renumbered from Section 53A-20b-104 is
4145     renumbered and amended to read:
4146          [53A-20b-104].      53G-5-603. Powers and duties of authority.
4147          (1) The authority shall have perpetual succession as a body politic and corporate.
4148          (2) The authority may:
4149          (a) sue and be sued in its own name;
4150          (b) have, and alter at will, an official seal;

4151          (c) contract with experts, advisers, consultants, and agents for needed services;
4152          (d) receive and accept aid or contributions from any source, including the United States
4153     or this state, in the form of money, property, labor, or other things of value to be held, used,
4154     and applied to carry out the purposes of this part, subject to the conditions upon which the aid
4155     and contributions are made, for any purpose consistent with this part;
4156          (e) exercise the powers granted to municipalities and counties pursuant to Title 11,
4157     Chapter 17, Utah Industrial Facilities and Development Act, including the power to borrow
4158     money and issue obligations, including refunding obligations, subject to the same limitations as
4159     that imposed on a municipality or county under the act, except:
4160          (i) the authority may only exercise powers under the act to finance or refinance a
4161     project as defined in Section [53A-20b-102] 53G-5-601; and
4162          (ii) the authority's area of operation shall include all areas of the state;
4163          (f) employ advisers, consultants, and agents, including financial experts, independent
4164     legal counsel, and any advisers, consultants, and agents as may be necessary in its judgment
4165     and fix their compensation;
4166          (g) make and execute contracts and other instruments necessary or convenient for the
4167     performance of its duties and the exercise of its powers and functions;
4168          (h) in accordance with Section [53A-20b-201] 53G-5-606, designate a charter school
4169     as a qualifying charter school for purposes of participation in the credit enhancement program;
4170     and
4171          (i) have and exercise any other powers or duties that are necessary or appropriate to
4172     carry out and effectuate the purposes of this [chapter] part.
4173          (3) Except as provided in [Part 2, Charter School Credit Enhancement Program]
4174     Section 53G-5-607, 53G-5-608, or 53G-5-609, the Utah Charter School Finance Authority may
4175     not exercise power in any manner which would create general or moral obligations of the state
4176     or of any agency, department, or political subdivision of the state.
4177          Section 123. Section 53G-5-604, which is renumbered from Section 53A-20b-105 is
4178     renumbered and amended to read:
4179          [53A-20b-105].      53G-5-604. Limited obligations.
4180          Except as provided in [Part 2, Charter School Credit Enhancement Program] Section
4181     53G-5-607, 53G-5-608, or 53G-5-609, bonds, notes, and other obligations issued by the

4182     authority:
4183          (1) do not constitute a debt, moral obligation, or liability of the state, or of any county,
4184     city, town, school district, or any other political subdivision of the state;
4185          (2) do not constitute the loan of credit of the state or of any county, city, town, school
4186     district, or any other political subdivision of the state; and
4187          (3) may not be paid from funds other than loan payments or lease revenues received
4188     from a charter school or other funds pledged by a charter school.
4189          Section 124. Section 53G-5-605, which is renumbered from Section 53A-20b-106 is
4190     renumbered and amended to read:
4191          [53A-20b-106].      53G-5-605. State to succeed to property of authority when
4192     encumbrances paid or authority dissolved.
4193          (1) If the authority is dissolved at any time, for any reason, all funds, property, rights,
4194     and interests of the authority, following the satisfaction of the authority's obligations, shall
4195     immediately vest in and become the property of the state, which shall succeed to all rights of
4196     the authority subject to any encumbrances which may then exist on any particular properties.
4197          (2) None of the net earnings of the authority shall inure to the benefit of any private
4198     person.
4199          Section 125. Section 53G-5-606, which is renumbered from Section 53A-20b-201 is
4200     renumbered and amended to read:
4201          [53A-20b-201].      53G-5-606. Charter School Credit Enhancement Program --
4202     Standards for the designation of qualifying charter schools -- Debt service reserve fund
4203     requirements.
4204          (1) There is created the Charter School Credit Enhancement Program to assist
4205     qualifying charter schools in obtaining favorable financing by providing a means of
4206     replenishing a qualifying charter school's debt service reserve fund.
4207          (2) The authority shall establish standards for a charter school to be designated as a
4208     qualifying charter school.
4209          (3) In establishing the standards described in Subsection (2) the authority shall
4210     consider:
4211          (a) whether a charter school has received an investment grade rating, independent of
4212     any rating enhancement resulting from the issuance of bonds pursuant to the credit

4213     enhancement program;
4214          (b) the location of the charter school's project;
4215          (c) the operating history of the charter school;
4216          (d) the financial strength of the charter school; and
4217          (e) any other criteria the authority determines are relevant.
4218          (4) The bonds issued by the authority for a qualifying charter school are not an
4219     indebtedness of the state or of the authority but are special obligations payable solely from:
4220          (a) the revenues or other funds pledged by the qualifying charter school; and
4221          (b) amounts appropriated by the Legislature pursuant to Subsection (9).
4222          (5) The authority shall notify the authorizer of a charter school that the charter school is
4223     participating in the credit enhancement program if the authority:
4224          (a) designates the charter school as a qualifying charter school; and
4225          (b) issues bonds for the qualifying charter school under the credit enhancement
4226     program.
4227          (6) One or more debt service reserve funds shall be established for a qualifying charter
4228     school with respect to bonds issued pursuant to the credit enhancement program.
4229          (7) (a) Except as provided in Subsection (7)(b), money in a debt service reserve fund
4230     may not be withdrawn from the debt service reserve fund if the amount withdrawn would
4231     reduce the level of money in the debt service reserve fund to less than the debt service reserve
4232     fund requirement.
4233          (b) So long as the applicable bonds issued under the credit enhancement program
4234     remain outstanding, money in a debt service reserve fund may be withdrawn in an amount that
4235     would reduce the level of money in the debt service reserve fund to less than the debt service
4236     reserve fund requirement if the money is withdrawn for the purpose of:
4237          (i) paying the principal of, redemption price of, or interest on a bond when due and if
4238     no other money of the qualifying charter school is available to make the payment, as
4239     determined by the authority; or
4240          (ii) paying any redemption premium required to be paid when the bonds are redeemed
4241     prior to maturity if no bonds will remain outstanding upon payment from the funds in the
4242     qualifying charter school's debt service reserve fund.
4243          (8) Money in a qualifying charter school's debt service reserve fund that exceeds the

4244     debt service reserve fund requirement may be withdrawn by the qualifying charter school.
4245          (9) (a) The authority shall annually, on or before December 1, certify to the governor
4246     the amount, if any, required to restore amounts on deposit in the debt service reserve funds of
4247     qualifying charter schools to the respective debt service reserve fund requirements.
4248          (b) The governor shall request from the Legislature an appropriation of the certified
4249     amount to restore amounts on deposit in the debt service reserve funds of qualifying charter
4250     schools to the respective debt service reserve fund requirements.
4251          (c) The Legislature may appropriate money to the authority to restore amounts on
4252     deposit in the debt service reserve funds of qualifying charter schools to the respective debt
4253     service reserve fund requirements.
4254          (d) A qualifying charter school that receives money from an appropriation to restore
4255     amounts on deposit in a debt service reserve fund to the debt service reserve fund requirement,
4256     shall repay the state at the time and in the manner as the authority shall require.
4257          (10) The authority may create and establish other funds for its purposes.
4258          Section 126. Section 53G-5-607, which is renumbered from Section 53A-20b-202 is
4259     renumbered and amended to read:
4260          [53A-20b-202].      53G-5-607. Charter School Reserve Account contribution
4261     requirements for qualifying charter schools.
4262          (1) When bonds are issued under the credit enhancement program for a qualifying
4263     charter school, the qualifying charter school shall contribute money to the reserve account in
4264     the amount determined as provided in Subsection (2).
4265          (2) The authority shall determine the up-front and ongoing requirements for
4266     contributions of money to the reserve account for each qualifying charter school.
4267          Section 127. Section 53G-5-608, which is renumbered from Section 53A-20b-203 is
4268     renumbered and amended to read:
4269          [53A-20b-203].      53G-5-608. Bond issuance.
4270          (1) (a) The state may not alter, impair, or limit the rights of bondholders or persons
4271     contracting with a qualifying charter school until the bonds, including interest and other
4272     contractual obligations, are fully met and discharged.
4273          (b) Nothing in this [chapter] part precludes an alteration, impairment, or limitation if
4274     provision is made by law for the protection of bondholders or persons entering into contracts

4275     with a qualifying charter school.
4276          (2) The authority may require a qualifying charter school to vest in the authority the
4277     right to enforce any covenant made to secure bonds issued under the credit enhancement
4278     program by making appropriate provisions in the indenture related to the qualifying charter
4279     school's bonds.
4280          (3) The authority may require a qualifying charter school to make covenants and
4281     agreements in indentures or in a reimbursement agreement to protect the interests of the state
4282     and to secure repayment to the state of any money received by the qualifying charter school
4283     from an appropriation to restore amounts deposited in the qualifying charter school's debt
4284     service reserve fund to the debt service reserve fund requirement.
4285          (4) The authority may charge a fee to administer the issuance of bonds for a qualifying
4286     charter school.
4287          Section 128. Section 53G-5-609, which is renumbered from Section 53A-20b-204 is
4288     renumbered and amended to read:
4289          [53A-20b-204].      53G-5-609. Limitation on participation in Charter School
4290     Credit Enhancement Program.
4291          (1) In accordance with Subsection (2), on or before January 1 of each year, the
4292     authority shall determine the credit enhancement program's bond issuance limitation.
4293          (2) The authority may not issue bonds for a qualifying charter school under the credit
4294     enhancement program if the total par amount outstanding under the program would exceed an
4295     amount equal to the product of:
4296          (a) 1.3;
4297          (b) an amount equal to the quotient of:
4298          (i) annual charter school enrollment; divided by
4299          (ii) annual state enrollment; and
4300          (c) the total par amount then outstanding under the school bond guarantee program
4301     established in [Chapter 28, Utah School Bond Guaranty Act] Chapter 4, Part 8, School District
4302     Bond Guaranty.
4303          Section 129. Section 53G-6-101 is enacted to read:
4304     
CHAPTER 6. PARTICIPATION IN PUBLIC SCHOOLS

4305     
Part 1. General Provisions


4306          53G-6-101. Title.
4307          This chapter is known as "Participation in Public Schools."
4308          Section 130. Section 53G-6-102 is enacted to read:
4309          53G-6-102. Definitions.
4310          Reserved
4311          Section 131. Section 53G-6-201, which is renumbered from Section 53A-11-101 is
4312     renumbered and amended to read:
4313     
Part 2. Compulsory Education

4314          [53A-11-101].      53G-6-201. Definitions.
4315          For purposes of this part:
4316          (1) (a) "Absence" or "absent" means, consistent with Subsection (1)(b), failure of a
4317     school-age minor assigned to a class or class period to attend the entire class or class period.
4318          (b) A school-age minor may not be considered absent under this part more than one
4319     time during one day.
4320          (2) "Habitual truant" means a school-age minor who:
4321          (a) is at least 12 years old;
4322          (b) is subject to the requirements of Section [53A-11-101.5] 53G-6-202; and
4323          (c) (i) is truant at least 10 times during one school year; or
4324          (ii) fails to cooperate with efforts on the part of school authorities to resolve the
4325     minor's attendance problem as required under Section [53A-11-103] 53G-6-206.
4326          (3) "Minor" means a person under the age of 18 years.
4327          (4) "Parent" includes:
4328          (a) a custodial parent of the minor;
4329          (b) a legally appointed guardian of a minor; or
4330          (c) any other person purporting to exercise any authority over the minor which could be
4331     exercised by a person described in Subsection (4)(a) or (b).
4332          (5) "School-age minor" means a minor who:
4333          (a) is at least six years old, but younger than 18 years old; and
4334          (b) is not emancipated.
4335          (6) "School year" means the period of time designated by a local school board or local
4336     charter board as the school year for the school where the school-age minor:

4337          (a) is enrolled; or
4338          (b) should be enrolled, if the school-age minor is not enrolled in school.
4339          (7) "Truant" means absent without a valid excuse.
4340          (8) "Truant minor" means a school-age minor who:
4341          (a) is subject to the requirements of Section [53A-11-101.5] 53G-6-202 or
4342     [53A-11-101.7] 53G-6-203; and
4343          (b) is truant.
4344          (9) "Valid excuse" means:
4345          (a) an illness;
4346          (b) a family death;
4347          (c) an approved school activity;
4348          (d) an absence permitted by a school-age minor's:
4349          (i) individualized education program, developed pursuant to the Individuals with
4350     Disabilities Education Improvement Act of 2004, as amended; or
4351          (ii) accommodation plan, developed pursuant to Section 504 of the Rehabilitation Act
4352     of 1973, as amended; or
4353          (e) any other excuse established as valid by a local school board, local charter board, or
4354     school district.
4355          Section 132. Section 53G-6-202, which is renumbered from Section 53A-11-101.5 is
4356     renumbered and amended to read:
4357          [53A-11-101.5].      53G-6-202. Compulsory education.
4358          (1) For purposes of this section:
4359          (a) "Intentionally" is as defined in Section 76-2-103.
4360          (b) "Recklessly" is as defined in Section 76-2-103.
4361          (c) "Remainder of the school year" means the portion of the school year beginning on
4362     the day after the day on which the notice of compulsory education violation described in
4363     Subsection (3) is served and ending on the last day of the school year.
4364          (d) "School-age child" means a school-age minor under the age of 14.
4365          (2) Except as provided in Section [53A-11-102] 53G-6-204 or [53A-11-102.5]
4366     53G-6-702, the parent of a school-age minor shall enroll and send the school-age minor to a
4367     public or regularly established private school.

4368          (3) A school administrator, a designee of a school administrator, a law enforcement
4369     officer acting as a school resource officer, or a truancy specialist may issue a notice of
4370     compulsory education violation to a parent of a school-age child if the school-age child is
4371     absent without a valid excuse at least five times during the school year.
4372          (4) The notice of compulsory education violation, described in Subsection (3):
4373          (a) shall direct the parent of the school-age child to:
4374          (i) meet with school authorities to discuss the school-age child's school attendance
4375     problems; and
4376          (ii) cooperate with the school board, local charter board, or school district in securing
4377     regular attendance by the school-age child;
4378          (b) shall designate the school authorities with whom the parent is required to meet;
4379          (c) shall state that it is a class B misdemeanor for the parent of the school-age child to
4380     intentionally or recklessly:
4381          (i) fail to meet with the designated school authorities to discuss the school-age child's
4382     school attendance problems; or
4383          (ii) fail to prevent the school-age child from being absent without a valid excuse five or
4384     more times during the remainder of the school year;
4385          (d) shall be served on the school-age child's parent by personal service or certified
4386     mail; and
4387          (e) may not be issued unless the school-age child has been truant at least five times
4388     during the school year.
4389          (5) It is a class B misdemeanor for a parent of a school-age minor to intentionally or
4390     recklessly fail to enroll the school-age minor in school, unless the school-age minor is exempt
4391     from enrollment under Section [53A-11-102] 53G-6-204 or [53A-11-102.5] 53G-6-702.
4392          (6) It is a class B misdemeanor for a parent of a school-age child to, after being served
4393     with a notice of compulsory education violation in accordance with Subsections (3) and (4),
4394     intentionally or recklessly:
4395          (a) fail to meet with the school authorities designated in the notice of compulsory
4396     education violation to discuss the school-age child's school attendance problems; or
4397          (b) fail to prevent the school-age child from being absent without a valid excuse five or
4398     more times during the remainder of the school year.

4399          (7) A local school board, local charter board, or school district shall report violations of
4400     this section to the appropriate county or district attorney.
4401          Section 133. Section 53G-6-203, which is renumbered from Section 53A-11-101.7 is
4402     renumbered and amended to read:
4403          [53A-11-101.7].      53G-6-203. Truancy -- Notice of truancy -- Failure to
4404     cooperate with school authorities.
4405          (1) Except as provided in Section [53A-11-102] 53G-6-204 or [53A-11-102.5]
4406     53G-6-702, a school-age minor who is enrolled in a public school shall attend the public school
4407     in which the school-age minor is enrolled.
4408          (2) A local school board, charter school governing board, or school district may impose
4409     administrative penalties on a school-age minor in accordance with Section [53A-11-911]
4410     53G-8-211 who is truant.
4411          (3) A local school board or charter school governing board:
4412          (a) may authorize a school administrator, a designee of a school administrator, a law
4413     enforcement officer acting as a school resource officer, or a truancy specialist to issue notices
4414     of truancy to school-age minors who are at least 12 years old; and
4415          (b) shall establish a procedure for a school-age minor, or the school-age minor's
4416     parents, to contest a notice of truancy.
4417          (4) The notice of truancy described in Subsection (3):
4418          (a) may not be issued until the school-age minor has been truant at least five times
4419     during the school year;
4420          (b) may not be issued to a school-age minor who is less than 12 years old;
4421          (c) may not be issued to a minor exempt from school attendance as provided in Section
4422     [53A-11-102] 53G-6-204 or [53A-11-102.5] 53G-6-702;
4423          (d) shall direct the school-age minor and the parent of the school-age minor to:
4424          (i) meet with school authorities to discuss the school-age minor's truancies; and
4425          (ii) cooperate with the school board, local charter board, or school district in securing
4426     regular attendance by the school-age minor; and
4427          (e) shall be mailed to, or served on, the school-age minor's parent.
4428          (5) Nothing in this part prohibits a local school board, charter school governing board,
4429     or school district from taking action to resolve a truancy problem with a school-age minor who

4430     has been truant less than five times, provided that the action does not conflict with the
4431     requirements of this part.
4432          Section 134. Section 53G-6-204, which is renumbered from Section 53A-11-102 is
4433     renumbered and amended to read:
4434          [53A-11-102].      53G-6-204. Minors exempt from school attendance.
4435          (1) (a) A local school board or charter school governing board may excuse a school-age
4436     minor from attendance for any of the following reasons:
4437          (i) a school-age minor over age 16 may receive a partial release from school to enter
4438     employment, or attend a trade school, if the school-age minor has completed the eighth grade;
4439     or
4440          (ii) on an annual basis, a school-age minor may receive a full release from attending a
4441     public, regularly established private, or part-time school or class if:
4442          (A) the school-age minor has already completed the work required for graduation from
4443     high school, or has demonstrated mastery of required skills and competencies in accordance
4444     with Subsection [53A-15-102] 53F-2-501(1);
4445          (B) the school-age minor is in a physical or mental condition, certified by a competent
4446     physician if required by the local school board or charter school governing board, which
4447     renders attendance inexpedient and impracticable;
4448          (C) proper influences and adequate opportunities for education are provided in
4449     connection with the school-age minor's employment; or
4450          (D) the district superintendent or charter school governing board has determined that a
4451     school-age minor over the age of 16 is unable to profit from attendance at school because of
4452     inability or a continuing negative attitude toward school regulations and discipline.
4453          (b) A school-age minor receiving a partial release from school under Subsection
4454     (1)(a)(i) is required to attend:
4455          (i) school part time as prescribed by the local school board or charter school governing
4456     board; or
4457          (ii) a home school part time.
4458          (c) In each case, evidence of reasons for granting an exemption under Subsection (1)
4459     must be sufficient to satisfy the local school board or charter school governing board.
4460          (d) A local school board or charter school governing board that excuses a school-age

4461     minor from attendance as provided by this Subsection (1) shall issue a certificate that the minor
4462     is excused from attendance during the time specified on the certificate.
4463          (2) (a) A local school board shall excuse a school-age minor from attendance, if the
4464     school-age minor's parent files a signed and notarized affidavit with the school-age minor's
4465     school district of residence, as defined in Section [53A-2-201] 53G-6-302, that:
4466          (i) the school-age minor will attend a home school; and
4467          (ii) the parent assumes sole responsibility for the education of the school-age minor,
4468     except to the extent the school-age minor is dual enrolled in a public school as provided in
4469     Section [53A-11-102.5] 53G-6-702.
4470          (b) A signed and notarized affidavit filed in accordance with Subsection (2)(a) shall
4471     remain in effect as long as:
4472          (i) the school-age minor attends a home school; and
4473          (ii) the school district where the affidavit was filed remains the school-age minor's
4474     district of residence.
4475          (c) A parent of a school-age minor who attends a home school is solely responsible for:
4476          (i) the selection of instructional materials and textbooks;
4477          (ii) the time, place, and method of instruction; and
4478          (iii) the evaluation of the home school instruction.
4479          (d) A local school board may not:
4480          (i) require a parent of a school-age minor who attends a home school to maintain
4481     records of instruction or attendance;
4482          (ii) require credentials for individuals providing home school instruction;
4483          (iii) inspect home school facilities; or
4484          (iv) require standardized or other testing of home school students.
4485          (e) Upon the request of a parent, a local school board shall identify the knowledge,
4486     skills, and competencies a student is recommended to attain by grade level and subject area to
4487     assist the parent in achieving college and career readiness through home schooling.
4488          (f) A local school board that excuses a school-age minor from attendance as provided
4489     by this Subsection (2) shall annually issue a certificate stating that the school-age minor is
4490     excused from attendance for the specified school year.
4491          (g) A local school board shall issue a certificate excusing a school-age minor from

4492     attendance:
4493          (i) within 30 days after receipt of a signed and notarized affidavit filed by the
4494     school-age minor's parent pursuant to Subsection (2); and
4495          (ii) on or before August 1 each year thereafter unless:
4496          (A) the school-age minor enrolls in a school within the school district;
4497          (B) the school-age minor's parent or guardian notifies the school district that the
4498     school-age minor no longer attends a home school; or
4499          (C) the school-age minor's parent or guardian notifies the school district that the
4500     school-age minor's school district of residence has changed.
4501          (3) A parent who files a signed and notarized affidavit as provided in Subsection (2)(a)
4502     is exempt from the application of Subsections [53A-11-101.5] 53G-6-202(2), (5), and (6).
4503          (4) Nothing in this section may be construed to prohibit or discourage voluntary
4504     cooperation, resource sharing, or testing opportunities between a school or school district and a
4505     parent or guardian of a minor attending a home school.
4506          Section 135. Section 53G-6-205, which is renumbered from Section 53A-11-101.3 is
4507     renumbered and amended to read:
4508          [53A-11-101.3].      53G-6-205. Preapproval of extended absence.
4509          In determining whether to preapprove an extended absence of a school-age minor as a
4510     valid excuse under Subsection [53A-11-101] 53G-6-201(9)(e), a local school board, local
4511     charter board, or school district shall approve the absence if the local school board, local
4512     charter board, or school district determines that the extended absence will not adversely impact
4513     the school-age minor's education.
4514          Section 136. Section 53G-6-206, which is renumbered from Section 53A-11-103 is
4515     renumbered and amended to read:
4516          [53A-11-103].      53G-6-206. Duties of a school board, local charter board, or
4517     school district in resolving attendance problems -- Parental involvement -- Liability not
4518     imposed.
4519          (1) (a) Except as provided in Subsection (1)(b), a local school board, local charter
4520     board, or school district shall make efforts to resolve the school attendance problems of each
4521     school-age minor who is, or should be, enrolled in the school district.
4522          (b) A minor exempt from school attendance under Section [53A-11-102] 53G-6-204 or

4523     [53A-11-102.5] 53G-6-702 is not considered to be a minor who is or should be enrolled in a
4524     school district or charter school under Subsection (1)(a).
4525          (2) The efforts described in Subsection (1) shall include, as reasonably feasible:
4526          (a) counseling of the minor by school authorities;
4527          (b) issuing a notice of truancy to a school-age minor who is at least 12 years old, in
4528     accordance with Section [53A-11-101.7] 53G-6-203;
4529          (c) issuing a notice of compulsory education violation to a parent of a school-age child,
4530     in accordance with Section [53A-11-101.5] 53G-6-202;
4531          (d) making any necessary adjustment to the curriculum and schedule to meet special
4532     needs of the minor;
4533          (e) considering alternatives proposed by a parent;
4534          (f) monitoring school attendance of the minor;
4535          (g) voluntary participation in truancy mediation, if available; and
4536          (h) providing a school-age minor's parent, upon request, with a list of resources
4537     available to assist the parent in resolving the school-age minor's attendance problems.
4538          (3) In addition to the efforts described in Subsection (2), the local school board, local
4539     charter board, or school district may enlist the assistance of community and law enforcement
4540     agencies as appropriate and reasonably feasible in accordance with Section [53A-11-911]
4541     53G-8-211.
4542          (4) This section does not impose civil liability on boards of education, local school
4543     boards, local charter boards, school districts, or their employees.
4544          (5) Proceedings initiated under this part do not obligate or preclude action by the
4545     Division of Child and Family Services under Section 78A-6-319.
4546          Section 137. Section 53G-6-207, which is renumbered from Section 53A-11-104 is
4547     renumbered and amended to read:
4548          [53A-11-104].      53G-6-207. Truancy specialists.
4549          A local school board or local charter board may appoint and fix the compensation of a
4550     truancy specialist to assist in enforcing laws related to school attendance and to perform other
4551     duties prescribed by law or the board.
4552          Section 138. Section 53G-6-208, which is renumbered from Section 53A-11-105 is
4553     renumbered and amended to read:

4554          [53A-11-105].      53G-6-208. Taking custody of a person believed to be a
4555     truant minor -- Disposition -- Reports -- Immunity from liability.
4556          (1) A peace officer or public school administrator may take a minor into temporary
4557     custody if there is reason to believe the minor is a truant minor.
4558          (2) An individual taking a school-age minor into custody under Subsection (1) shall,
4559     without unnecessary delay, release the minor to:
4560          (a) the principal of the minor's school;
4561          (b) a person who has been designated by the local school board or local charter board
4562     to receive and return the minor to school; or
4563          (c) a truancy center established under Subsection (5).
4564          (3) If the minor refuses to return to school or go to the truancy center, the officer or
4565     administrator shall, without unnecessary delay, notify the minor's parents and release the minor
4566     to their custody.
4567          (4) If the parents cannot be reached or are unable or unwilling to accept custody and
4568     none of the options in Subsection (2) are available, the minor shall be referred to the Division
4569     of Child and Family Services.
4570          (5) (a) A local school board or local charter board, singly or jointly with another school
4571     board, may establish or designate truancy centers within existing school buildings and staff the
4572     centers with existing teachers or staff to provide educational guidance and counseling for truant
4573     minors. Upon receipt of a truant minor, the center shall, without unnecessary delay, notify and
4574     direct the minor's parents to come to the center, pick up the minor, and return the minor to the
4575     school in which the minor is enrolled.
4576          (b) If the parents cannot be reached or are unable or unwilling to comply with the
4577     request within a reasonable time, the center shall take such steps as are reasonably necessary to
4578     insure the safety and well being of the minor, including, when appropriate, returning the minor
4579     to school or referring the minor to the Division of Child and Family Services. A minor taken
4580     into custody under this section may not be placed in a detention center or other secure
4581     confinement facility.
4582          (6) Action taken under this section shall be reported to the appropriate school district.
4583     The district shall promptly notify the minor's parents of the action taken.
4584          (7) The Utah Governmental Immunity Act applies to all actions taken under this

4585     section.
4586          (8) Nothing in this section may be construed to grant authority to a public school
4587     administrator to place a minor in the custody of the Division of Child and Family Services,
4588     without complying with Title 62A, Chapter 4a, Part 2, Child Welfare Services, and Title 78A,
4589     Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
4590          Section 139. Section 53G-6-209, which is renumbered from Section 53A-11-106 is
4591     renumbered and amended to read:
4592          [53A-11-106].      53G-6-209. Truancy support centers.
4593          (1) A school district may establish one or more truancy support centers for:
4594          (a) truant minors taken into custody under Section [53A-11-105] 53G-6-208; or
4595          (b) students suspended or expelled from school.
4596          (2) A truancy support center shall provide services to the truant minor and the truant
4597     minor's family, including:
4598          (a) assessments of the truant minor's needs and abilities;
4599          (b) support for the parents and truant minor through counseling and community
4600     programs; and
4601          (c) tutoring for the truant minor during the time spent at the center.
4602          (3) For the suspended or expelled student, the truancy support center shall provide an
4603     educational setting, staffed with certified teachers and aides, to provide the student with
4604     ongoing educational programming appropriate to the student's grade level.
4605          (4) In a district with a truancy support center, all students suspended or expelled from
4606     school shall be referred to the center. A parent or guardian shall appear with the student at the
4607     center within 48 hours of the suspension or expulsion, not including weekends or holidays.
4608     The student shall register and attend classes at the truancy support center for the duration of the
4609     suspension or expulsion unless the parent or guardian demonstrates that alternative
4610     arrangements have been made for the education or supervision of the student during the time of
4611     suspension or expulsion.
4612          (5) The truancy support center may provide counseling and other support programming
4613     for students suspended or expelled from school and their parents or guardian.
4614          Section 140. Section 53G-6-301 is enacted to read:
4615     
Part 3. School District Residency


4616          53G-6-301. Definitions.
4617          Reserved
4618          Section 141. Section 53G-6-302, which is renumbered from Section 53A-2-201 is
4619     renumbered and amended to read:
4620          [53A-2-201].      53G-6-302. Child's school district of residence --
4621     Determination -- Responsibility for providing educational services.
4622          (1) As used in this section:
4623          (a) "Health care facility" means the same as that term is defined in Section 26-21-2.
4624          (b) "Human services program" means the same as that term is defined in Section
4625     62A-2-101.
4626          (2) The school district of residence of a minor child whose custodial parent or legal
4627     guardian resides within Utah is:
4628          (a) the school district in which the custodial parent or legal guardian resides; or
4629          (b) the school district in which the child resides:
4630          (i) while in the custody or under the supervision of a Utah state agency;
4631          (ii) while under the supervision of a private or public agency which is in compliance
4632     with Section 62A-4a-606 and is authorized to provide child placement services by the state;
4633          (iii) while living with a responsible adult resident of the district, if a determination has
4634     been made in accordance with rules made by the State Board of Education in accordance with
4635     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
4636          (A) the child's physical, mental, moral, or emotional health will best be served by
4637     considering the child to be a resident for school purposes;
4638          (B) exigent circumstances exist that do not permit the case to be appropriately
4639     addressed under Section [53A-2-207] 53G-6-402; and
4640          (C) considering the child to be a resident of the district under this Subsection (2)(b)(iii)
4641     does not violate any other law or rule of the State Board of Education;
4642          (iv) while the child is receiving services from a health care facility or human services
4643     program, if a determination has been made in accordance with rules made by the State Board of
4644     Education in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
4645          (A) the child's physical, mental, moral, or emotional health will best be served by
4646     considering the child to be a resident for school purposes;

4647          (B) exigent circumstances exist that do not permit the case to be appropriately
4648     addressed under Section [53A-2-207] 53G-6-402; and
4649          (C) considering the child to be a resident of the district under this Subsection (2)(b)(iv)
4650     does not violate any other law or rule of the State Board of Education; or
4651          (v) if the child is married or has been determined to be an emancipated minor by a
4652     court of law or by a state administrative agency authorized to make that determination.
4653          (3) A minor child whose custodial parent or legal guardian does not reside in the state
4654     is considered to be a resident of the district in which the child lives, unless that designation
4655     violates any other law or rule of the State Board of Education, if:
4656          (a) the child is married or an emancipated minor under Subsection (2)(b)(v);
4657          (b) the child lives with a resident of the district who is a responsible adult and whom
4658     the district agrees to designate as the child's legal guardian under Section [53A-2-202]
4659     53G-6-303; or
4660          (c) if permissible under policies adopted by a local school board, it is established to the
4661     satisfaction of the local school board that:
4662          (i) the child lives with a responsible adult who is a resident of the district and is the
4663     child's noncustodial parent, grandparent, brother, sister, uncle, or aunt;
4664          (ii) the child's presence in the district is not for the primary purpose of attending the
4665     public schools;
4666          (iii) the child's physical, mental, moral, or emotional health will best be served by
4667     considering the child to be a resident for school purposes; and
4668          (iv) the child is prepared to abide by the rules and policies of the school and school
4669     district in which attendance is sought.
4670          (4) (a) If admission is sought under Subsection (2)(b)(iii), or (3)(c), then the district
4671     may require the person with whom the child lives to be designated as the child's custodian in a
4672     durable power of attorney, issued by the party who has legal custody of the child, granting the
4673     custodian full authority to take any appropriate action, including authorization for educational
4674     or medical services, in the interests of the child.
4675          (b) Both the party granting and the party empowered by the power of attorney shall
4676     agree to:
4677          (i) assume responsibility for any fees or other charges relating to the child's education

4678     in the district; and
4679          (ii) if eligibility for fee waivers is claimed under Section [53A-12-103] 53G-7-504,
4680     provide the school district with all financial information requested by the district for purposes
4681     of determining eligibility for fee waivers.
4682          (c) Notwithstanding Section 75-5-103, a power of attorney meeting the requirements of
4683     this section and accepted by the school district shall remain in force until the earliest of the
4684     following occurs:
4685          (i) the child reaches the age of 18, marries, or becomes emancipated;
4686          (ii) the expiration date stated in the document; or
4687          (iii) the power of attorney is revoked or rendered inoperative by the grantor or grantee,
4688     or by order of a court of competent jurisdiction.
4689          (5) A power of attorney does not confer legal guardianship.
4690          (6) Each school district is responsible for providing educational services for all
4691     children of school age who are residents of the district.
4692          Section 142. Section 53G-6-303, which is renumbered from Section 53A-2-202 is
4693     renumbered and amended to read:
4694          [53A-2-202].      53G-6-303. Guardianship for residency purposes by
4695     responsible adult -- Procedure to obtain -- Termination.
4696          (1) For purposes of this part, "responsible adult" means a person 21 years of age or
4697     older who is a resident of this state and is willing and able to provide reasonably adequate food,
4698     clothing, shelter, and supervision for a minor child.
4699          (2) A local board of education may adopt a policy permitting it to designate a
4700     responsible adult residing in the school district as legal guardian of a child whose custodial
4701     parent or legal guardian does not reside within the state upon compliance with the following
4702     requirements:
4703          (a) submission to the school district of a signed and notarized affidavit by the child's
4704     custodial parent or legal guardian stating that:
4705          (i) the child's presence in the district is not for the primary purpose of attending the
4706     public schools;
4707          (ii) the child's physical, mental, moral, or emotional health would best be served by a
4708     transfer of guardianship to the Utah resident;

4709          (iii) the affiant is aware that designation of a guardian under this section is equivalent
4710     to a court-ordered guardianship under Section 75-5-206 and will suspend or terminate any
4711     existing parental or guardianship rights in the same manner as would occur under a
4712     court-ordered guardianship;
4713          (iv) the affiant consents and submits to any such suspension or termination of parental
4714     or guardianship rights;
4715          (v) the affiant consents and submits to the jurisdiction of the state district court in
4716     which the school district is located in any action relating to the guardianship or custody of the
4717     child in question;
4718          (vi) the affiant designates a named responsible adult as agent, authorized to accept
4719     service on behalf of the affiant of any process, notice, or demand required or permitted to be
4720     served in connection with any action under Subsection (2)(a)(v); and
4721          (vii) it is the affiant's intent that the child become a permanent resident of the state and
4722     reside with and be under the supervision of the named responsible adult;
4723          (b) submission to the school district of a signed and notarized affidavit by the
4724     responsible adult stating that:
4725          (i) the affiant is a resident of the school district and desires to become the guardian of
4726     the child;
4727          (ii) the affiant consents and submits to the jurisdiction of the state district court in
4728     which the school district is located in any action relating to the guardianship or custody of the
4729     child in question;
4730          (iii) the affiant will accept the responsibilities of guardianship for the duration,
4731     including the responsibility to provide adequate supervision, discipline, food, shelter,
4732     educational and emotional support, and medical care for the child if designated as the child's
4733     guardian; and
4734          (iv) the affiant accepts the designation as agent under Subsection (2)(a)(vi);
4735          (c) submission to the school district of a signed and notarized affidavit by the child
4736     stating that:
4737          (i) the child desires to become a permanent resident of Utah and reside with and be
4738     responsible to the named responsible adult; and
4739          (ii) the child will abide by all applicable rules of any public school which the child may

4740     attend after guardianship is awarded; and
4741          (d) if the child's custodial parent or legal guardian cannot be found in order to execute
4742     the statement required under Subsection (2)(a), the responsible adult must submit an affidavit
4743     to that effect to the district. The district shall also submit a copy of the statement to the
4744     Criminal Investigations and Technical Services Division of the Department of Public Safety,
4745     established in Section 53-10-103.
4746          (3) The district may require the responsible adult, in addition to the documents set forth
4747     in Subsection (2), to also submit any other documents which are relevant to the appointment of
4748     a guardian of a minor or which the district reasonably believes to be necessary in connection
4749     with a given application to substantiate any claim or assertion made in connection with the
4750     application for guardianship.
4751          (4) Upon receipt of the information and documentation required under Subsections (2)
4752     and (3), and a determination by the board that the information is accurate, that the requirements
4753     of this section have been met, and that the interests of the child would best be served by
4754     granting the requested guardianship, the school board or its authorized representative may
4755     designate the applicant as guardian of the child by issuing a designation of guardianship letter
4756     to the applicant.
4757          (5) (a) If a local school board has adopted a policy permitting the board to designate a
4758     guardian under this section, a denial of an application for appointment of a guardian may be
4759     appealed to the district court in which the school district is located.
4760          (b) The court shall uphold the decision of the board unless it finds, by clear and
4761     convincing evidence, that the board's decision was arbitrary and capricious.
4762          (c) An applicant may, rather than appealing the board's decision under Subsection
4763     (5)(b), file an original Petition for Appointment of Guardian with the district court, which
4764     action shall proceed as if no decision had been made by the school board.
4765          (6) A responsible adult obtaining guardianship under this section has the same rights,
4766     authority, and responsibilities as a guardian appointed under Section 75-5-201.
4767          (7) (a) The school district shall deliver the original documents filed with the school
4768     district, together with a copy of the designation of guardianship issued by the district, in person
4769     or by any form of mail requiring a signed receipt, to the clerk of the state district court in which
4770     the school district is located.

4771          (b) The court may not charge the school district a fee for filing guardianship papers
4772     under this section.
4773          (8) (a) The authority and responsibility of a custodial parent or legal guardian
4774     submitting an affidavit under this section may be restored by the district, and the guardianship
4775     obtained under this section terminated by the district:
4776          (i) upon submission to the school district in which the guardianship was obtained of a
4777     signed and notarized statement by the person who consented to guardianship under Subsection
4778     (2)(a) requesting termination of the guardianship; or
4779          (ii) by the person accepting guardianship under Subsection (2)(b) requesting the
4780     termination of the guardianship.
4781          (b) If the school district determines that it would not be in the best interests of the child
4782     to terminate the guardianship, the district may refer the request for termination to the state
4783     district court in which the documents were filed under Subsection (5) for further action
4784     consistent with the interests of the child.
4785          (9) The school district shall retain copies of all documents required by this section
4786     until the child in question has reached the age of 18 unless directed to surrender the documents
4787     by a court of competent jurisdiction.
4788          (10) (a) Intentional submission to a school district of fraudulent or misleading
4789     information under this part is punishable under Section 76-8-504.
4790          (b) A school district which has reason to believe that a party has intentionally
4791     submitted false or misleading information under this part may, after notice and opportunity for
4792     the party to respond to the allegation:
4793          (i) void any guardianship, authorization, or action which was based upon the false or
4794     misleading information; and
4795          (ii) recover, from the party submitting the information, the full cost of any benefits
4796     received by the child on the basis of the false or misleading information, including tuition, fees,
4797     and other unpaid school charges, together with any related costs of recovery.
4798          (c) A student whose guardianship or enrollment has been terminated under this section
4799     may, upon payment of all applicable tuition and fees, continue in enrollment until the end of
4800     the school year unless excluded from attendance for cause.
4801          Section 143. Section 53G-6-304, which is renumbered from Section 53A-2-203.5 is

4802     renumbered and amended to read:
4803          [53A-2-203.5].      53G-6-304. Recognition of guardianship.
4804          (1) A document issued by other than a court of law which purports to award
4805     guardianship to a person who is not a legal resident of the jurisdiction in which the
4806     guardianship is awarded is not valid in the state of Utah until reviewed and approved by a Utah
4807     court.
4808          (2) The procedure for obtaining approval under Subsection (1) is the procedure
4809     required under Title 75, Chapter 5, Part 2, Guardians of Minors, for obtaining a court
4810     appointment of a guardian.
4811          Section 144. Section 53G-6-305, which is renumbered from Section 53A-2-204 is
4812     renumbered and amended to read:
4813          [53A-2-204].      53G-6-305. District paying tuition -- Effect on state aid.
4814          (1) A local school board may by written agreement pay the tuition of a child attending
4815     school in a district outside the state. Both districts shall approve the agreement and file it with
4816     the State Board of Education.
4817          (2) The average daily membership of the child may be added to that of other eligible
4818     children attending schools within the district of residence for the purpose of apportionment of
4819     state funds.
4820          (3) (a) The district of residence shall bear any excess tuition costs over the state's
4821     contribution for attendance in the district of residence unless otherwise approved in advance by
4822     the State Board of Education.
4823          (b) (i) If a child who resides in a Utah school district's boundaries attends school in a
4824     neighboring state under this section, the State Board of Education may make an out-of-state
4825     tuition payment to the Utah school district of residence.
4826          (ii) If the State Board of Education approves the use of state funds for an out-of-state
4827     tuition payment described in Subsection (3)(b)(i), the State Board of Education shall use funds
4828     appropriated by the Legislature for necessarily existent small schools as described in Section
4829     [53A-17a-109] 53F-2-304.
4830          Section 145. Section 53G-6-306, which is renumbered from Section 53A-2-205 is
4831     renumbered and amended to read:
4832          [53A-2-205].      53G-6-306. Permitting attendance by nonresident of the state

4833     -- Tuition.
4834          (1) A local school board may permit a child residing outside the state to attend school
4835     within the district. With the exception of a child enrolled under Section [53A-2-206]
4836     53G-6-707, the child is not included for the purpose of apportionment of state funds.
4837          (2) The board shall charge the nonresident child tuition at least equal to the per capita
4838     cost of the school program in which the child enrolls unless the board, in open meeting,
4839     determines to waive the charge for that child in whole or in part. The official minutes of the
4840     meeting shall reflect the determination.
4841          Section 146. Section 53G-6-401, which is renumbered from Section 53A-2-206.5 is
4842     renumbered and amended to read:
4843     
Part 4. School District Enrollment

4844          [53A-2-206.5].      53G-6-401. Definitions.
4845          As used in Sections [53A-2-207] 53G-6-402 through [53A-2-213] 53G-6-407:
4846          (1) "Early enrollment" means:
4847          (a) except as provided in Subsection (1)(b), application prior to the third Friday in
4848     February for admission for the next school year to a school that is not a student's school of
4849     residence; and
4850          (b) application prior to November 1 for admission for the next school year to a school
4851     that is not a student's school of residence if:
4852          (i) the school district is doing a district wide grade reconfiguration of its elementary,
4853     middle, junior, and senior high schools; and
4854          (ii) the grade reconfiguration described in Subsection (1)(b) will be implemented in the
4855     next school year.
4856          (2) (a) "Early enrollment school capacity" or "maximum capacity" means the total
4857     number of students who could be served in a school building if each of the building's
4858     instructional stations were to have the enrollment specified in Subsection (2)(b).
4859          (b) (i) Except as provided in Subsection (2)(b)(ii):
4860          (A) for an elementary school, an instructional station shall have an enrollment at least
4861     equal to the school district's average class size for the corresponding grade; and
4862          (B) for a middle, junior, or senior high school, an instructional station shall have an
4863     enrollment at least equal to the district's average class size for similar classes.

4864          (ii) (A) A local school board shall determine the instructional station capacity for
4865     laboratories, physical education facilities, shops, study halls, self-contained special education
4866     classrooms, facilities jointly financed by the school district and another community agency for
4867     joint use, and similar rooms.
4868          (B) Capacity for self-contained special education classrooms shall be based upon
4869     students per class as defined by State Board of Education and federal special education
4870     standards.
4871          (3) (a) "Instructional station" means a classroom, laboratory, shop, study hall, or
4872     physical education facility to which a local board of education could reasonably assign a class,
4873     teacher, or program during a given class period.
4874          (b) More than one instructional station may be assigned to a classroom, laboratory,
4875     shop, study hall, or physical education facility during a class period.
4876          (4) "Late enrollment" means application:
4877          (a) after the third Friday in February for admission for the next school year to a school
4878     that is not the student's school of residence; or
4879          (b) for admission for the current year to a school that is not the student's school of
4880     residence.
4881          (5) (a) "Late enrollment school capacity" or "adjusted capacity" means the total number
4882     of students who could be served in a school if each teacher were to have the class size specified
4883     in Subsection (5)(b).
4884          (b) (i) An elementary school teacher shall have a class size at least equal to the district's
4885     average class size for the corresponding grade.
4886          (ii) A middle, junior, or senior high school teacher shall have a class size at least equal
4887     to the district's average class size for similar classes.
4888          (6) "Nonresident student" means a student who lives outside the boundaries of the
4889     school attendance area.
4890          (7) "Open enrollment threshold" means:
4891          (a) for early enrollment, a projected school enrollment level that is the greater of:
4892          (i) 90% of the maximum capacity; or
4893          (ii) maximum capacity minus 40 students; and
4894          (b) for late enrollment, actual school enrollment that is the greater of:

4895          (i) 90% of adjusted capacity; or
4896          (ii) adjusted capacity minus 40 students.
4897          (8) "Projected school enrollment" means the current year enrollment of a school as of
4898     October 1, adjusted for projected growth for the next school year.
4899          (9) "School attendance area" means an area established by a local school board from
4900     which students are assigned to attend a certain school.
4901          (10) "School of residence" means the school to which a student is assigned to attend
4902     based on the student's place of residence.
4903          Section 147. Section 53G-6-402, which is renumbered from Section 53A-2-207 is
4904     renumbered and amended to read:
4905          [53A-2-207].      53G-6-402. Open enrollment options -- Procedures --
4906     Processing fee -- Continuing enrollment.
4907          (1) Each local school board is responsible for providing educational services consistent
4908     with Utah state law and rules of the State Board of Education for each student who resides in
4909     the district and, as provided in this section through Section [53A-2-213] 53G-6-407 and to the
4910     extent reasonably feasible, for any student who resides in another district in the state and
4911     desires to attend a school in the district.
4912          (2) (a) A school is open for enrollment of nonresident students if the enrollment level
4913     is at or below the open enrollment threshold.
4914          (b) If a school's enrollment falls below the open enrollment threshold, the local school
4915     board shall allow a nonresident student to enroll in the school.
4916          (3) A local school board may allow enrollment of nonresident students in a school that
4917     is operating above the open enrollment threshold.
4918          (4) (a) A local school board shall adopt policies describing procedures for nonresident
4919     students to follow in applying for entry into the district's schools.
4920          (b) Those procedures shall provide, as a minimum, for:
4921          (i) distribution to interested parties of information about the school or school district
4922     and how to apply for admission;
4923          (ii) use of standard application forms prescribed by the State Board of Education;
4924          (iii) (A) submission of applications from December 1 through the third Friday in
4925     February by those seeking admission during the early enrollment period for the following year;

4926     or
4927          (B) submission of applications from August 1 through November 1 by those seeking
4928     admission during the early enrollment period for the following year in a school district
4929     described in Subsection [53A-2-206.5] 53G-6-401(1)(b);
4930          (iv) submission of applications by those seeking admission during the late enrollment
4931     period;
4932          (v) written notification to the student's parent or legal guardian of acceptance or
4933     rejection of an application:
4934          (A) within six weeks after receipt of the application by the district or by March 31,
4935     whichever is later, for applications submitted during the early enrollment period;
4936          (B) within two weeks after receipt of the application by the district or by the Friday
4937     before the new school year begins, whichever is later, for applications submitted during the late
4938     enrollment period for admission in the next school year; and
4939          (C) within two weeks after receipt of the application by the district, for applications
4940     submitted during the late enrollment period for admission in the current year;
4941          (vi) written notification to the resident school for intradistrict transfers or the resident
4942     district for interdistrict transfers upon acceptance of a nonresident student for enrollment; and
4943          (vii) written notification to the parents or legal guardians of each student that resides
4944     within the school district and other interested parties of the revised early enrollment period
4945     described in Subsection [53A-2-206.5] 53G-6-401(1)(b) if:
4946          (A) the school district is doing a district wide grade reconfiguration of its elementary,
4947     middle, junior, and senior high schools; and
4948          (B) the grade reconfiguration described in Subsection (4)(b)(vii)(A) will be
4949     implemented in the next school year.
4950          (c) (i) Notwithstanding the dates established in Subsection (4)(b) for submitting
4951     applications and notifying parents of acceptance or rejection of an application, a local school
4952     board may delay the dates if a local school board is not able to make a reasonably accurate
4953     projection of the early enrollment school capacity or late enrollment school capacity of a school
4954     due to:
4955          (A) school construction or remodeling;
4956          (B) drawing or revision of school boundaries; or

4957          (C) other circumstances beyond the control of the local school board.
4958          (ii) The delay may extend no later than four weeks beyond the date the local school
4959     board is able to make a reasonably accurate projection of the early enrollment school capacity
4960     or late enrollment school capacity of a school.
4961          (5) A school district may charge a one-time $5 processing fee, to be paid at the time of
4962     application.
4963          (6) An enrolled nonresident student shall be permitted to remain enrolled in a school,
4964     subject to the same rules and standards as resident students, without renewed applications in
4965     subsequent years unless one of the following occurs:
4966          (a) the student graduates;
4967          (b) the student is no longer a Utah resident;
4968          (c) the student is suspended or expelled from school; or
4969          (d) the district determines that enrollment within the school will exceed the school's
4970     open enrollment threshold.
4971          (7) (a) Determination of which nonresident students will be excluded from continued
4972     enrollment in a school during a subsequent year under Subsection (6)(d) is based upon time in
4973     the school, with those most recently enrolled being excluded first and the use of a lottery
4974     system when multiple nonresident students have the same number of school days in the school.
4975          (b) Nonresident students who will not be permitted to continue their enrollment shall
4976     be notified no later than March 15 of the current school year.
4977          (8) The parent or guardian of a student enrolled in a school that is not the student's
4978     school of residence may withdraw the student from that school for enrollment in another public
4979     school by submitting notice of intent to enroll the student in:
4980          (a) the district of residence; or
4981          (b) another nonresident district.
4982          (9) Unless provisions have previously been made for enrollment in another school, a
4983     nonresident district releasing a student from enrollment shall immediately notify the district of
4984     residence, which shall enroll the student in the resident district and take such additional steps
4985     as may be necessary to ensure compliance with laws governing school attendance.
4986          (10) (a) Except as provided in Subsection (10)(c), a student who transfers between
4987     schools, whether effective on the first day of the school year or after the school year has begun,

4988     by exercising an open enrollment option under this section may not transfer to a different
4989     school during the same school year by exercising an open enrollment option under this section.
4990          (b) The restriction on transfers specified in Subsection (10)(a) does not apply to a
4991     student transfer made for health or safety reasons.
4992          (c) A local school board may adopt a policy allowing a student to exercise an open
4993     enrollment option more than once in a school year.
4994          (11) Notwithstanding Subsections (2) and (6)(d), a student who is enrolled in a school
4995     that is not the student's school of residence, because school bus service is not provided between
4996     the student's neighborhood and school of residence for safety reasons:
4997          (a) shall be allowed to continue to attend the school until the student finishes the
4998     highest grade level offered; and
4999          (b) shall be allowed to attend the middle school, junior high school, or high school into
5000     which the school's students feed until the student graduates from high school.
5001          (12) Notwithstanding any other provision of this part or Part 3, School District
5002     Residency, a student shall be allowed to enroll in any charter school or other public school in
5003     any district, including a district where the student does not reside, if the enrollment is
5004     necessary, as determined by the Division of Child and Family Services, to comply with the
5005     provisions of 42 U.S.C. Section 675.
5006          Section 148. Section 53G-6-403, which is renumbered from Section 53A-2-208 is
5007     renumbered and amended to read:
5008          [53A-2-208].      53G-6-403. Rules for acceptance and rejection of
5009     applications.
5010          (1) (a) A local school board shall adopt rules governing acceptance and rejection of
5011     applications required under Section [53A-2-207] 53G-6-402.
5012          (b) The rules adopted under Subsection (1)(a) shall include policies and procedures to
5013     assure that decisions regarding enrollment requests are administered fairly without prejudice to
5014     any student or class of student, except as provided in Subsection (2).
5015          (2) Standards for accepting or rejecting an application for enrollment may include:
5016          (a) for an elementary school, the capacity of the grade level;
5017          (b) maintenance of heterogeneous student populations if necessary to avoid violation of
5018     constitutional or statutory rights of students;

5019          (c) not offering, or having capacity in, an elementary or secondary special education or
5020     other special program the student requires;
5021          (d) maintenance of reduced class sizes:
5022          (i) in a Title I school that uses federal, state, and local money to reduce class sizes for
5023     the purpose of improving student achievement; or
5024          (ii) in a school that uses school trust money to reduce class size;
5025          (e) willingness of prospective students to comply with district policies; and
5026          (f) giving priority to intradistrict transfers over interdistrict transfers.
5027          (3) (a) Standards for accepting or rejecting applications for enrollment may not
5028     include:
5029          (i) previous academic achievement;
5030          (ii) athletic or other extracurricular ability;
5031          (iii) the fact that the student requires special education services for which space is
5032     available;
5033          (iv) proficiency in the English language; or
5034          (v) previous disciplinary proceedings, except as provided in Subsection (3)(b).
5035          (b) A board may provide for the denial of applications from students who:
5036          (i) have committed serious infractions of the law or school rules, including rules of the
5037     district in which enrollment is sought; or
5038          (ii) have been guilty of chronic misbehavior which would, if it were to continue after
5039     the student was admitted:
5040          (A) endanger persons or property;
5041          (B) cause serious disruptions in the school; or
5042          (C) place unreasonable burdens on school staff.
5043          (c) A board may also provide for provisional enrollment of students with prior
5044     behavior problems, establishing conditions under which enrollment of a nonresident student
5045     would be permitted or continued.
5046          (4) (a) The State Board of Education, in consultation with the Utah High School
5047     Activities Association, shall establish policies regarding nonresident student participation in
5048     interscholastic competition.
5049          (b) Nonresident students shall be eligible for extracurricular activities at a public

5050     school consistent with eligibility standards as applied to students that reside within the school
5051     attendance area, except as provided by policies established under Subsection (4)(a).
5052          (5) For each school in the district, the local school board shall post on the school
5053     district's website:
5054          (a) the school's maximum capacity;
5055          (b) the school's adjusted capacity;
5056          (c) the school's projected enrollment used in the calculation of the open enrollment
5057     threshold;
5058          (d) actual enrollment on October 1, January 2, and April 1;
5059          (e) the number of nonresident student enrollment requests;
5060          (f) the number of nonresident student enrollment requests accepted; and
5061          (g) the number of resident students transferring to another school.
5062          Section 149. Section 53G-6-404, which is renumbered from Section 53A-2-209 is
5063     renumbered and amended to read:
5064          [53A-2-209].      53G-6-404. Denial of enrollment -- Appeal.
5065          (1) Denial of initial or continuing enrollment in a nonresident school may be appealed
5066     to the board of education of the nonresident district.
5067          (2) The decision of the board shall be upheld in any subsequent proceedings unless the
5068     board's decision is found, by clear and convincing evidence, to be in violation of applicable law
5069     or regulation, or to be arbitrary and capricious.
5070          Section 150. Section 53G-6-405, which is renumbered from Section 53A-2-210 is
5071     renumbered and amended to read:
5072          [53A-2-210].      53G-6-405. Funding.
5073          (1) A student who enrolls in a nonresident district is considered a resident of that
5074     district for purposes of state funding.
5075          (2) The State Board of Education shall adopt rules providing that:
5076          (a) the resident district pay the nonresident district, for each of the resident district's
5077     students who enroll in the nonresident district, 1/2 of the amount by which the resident
5078     district's per student expenditure exceeds the value of the state's contribution; and
5079          (b) if a student is enrolled in a nonresident district for less than a full year, the resident
5080     district shall pay a portion of the amount specified in Subsection (2)(a) based on the percentage

5081     of school days the student is enrolled in the nonresident district.
5082          (3) (a) Except as provided in this Subsection (3), the parent or guardian of a
5083     nonresident student shall arrange for the student's own transportation to and from school.
5084          (b) The State Board of Education may adopt rules under which nonresident students
5085     may be transported to their schools of attendance if:
5086          (i) the transportation of students to schools in other districts would relieve
5087     overcrowding or other serious problems in the district of residence and the costs of
5088     transportation are not excessive; or
5089          (ii) the Legislature has granted an adequate specific appropriation for that purpose.
5090          (c) A receiving district shall provide transportation for a nonresident student on the
5091     basis of available space on an approved route within the district to the school of attendance if
5092     district students would be eligible for transportation to the same school from that point on the
5093     bus route and the student's presence does not increase the cost of the bus route.
5094          (d) Nothing in this section shall be construed as prohibiting the resident district or the
5095     receiving district from providing bus transportation on any approved route.
5096          (e) Except as provided in Subsection (3)(b), the district of residence may not claim any
5097     state transportation costs for students enrolled in other school districts.
5098          Section 151. Section 53G-6-406, which is renumbered from Section 53A-2-211 is
5099     renumbered and amended to read:
5100          [53A-2-211].      53G-6-406. Graduation credits.
5101          (1) A nonresident district shall accept credits toward graduation that were awarded by a
5102     school accredited or approved by the State Board of Education or a regional accrediting body
5103     recognized by the U.S. Department of Education.
5104          (2) A nonresident district shall award a diploma to a nonresident student attending
5105     school within the district during the semester immediately preceding graduation if the student
5106     meets graduation requirements generally applicable to students in the school.
5107          (3) A district may not require that a student attend school within the district for more
5108     than one semester prior to graduation in order to receive a diploma.
5109          Section 152. Section 53G-6-407, which is renumbered from Section 53A-2-213 is
5110     renumbered and amended to read:
5111          [53A-2-213].      53G-6-407. Intradistrict transfers for students impacted by

5112     boundary changes -- Transportation of students who transfer within a district.
5113          (1) (a) In adjusting school boundaries, a local school board shall strive to avoid
5114     requiring current students to change schools and shall, to the extent reasonably feasible,
5115     accommodate parents who wish to avoid having their children attend different schools of the
5116     same level because of boundary changes which occur after one or more children in the family
5117     begin attending one of the affected schools.
5118          (b) In granting interdistrict and intradistrict transfers to a particular school, the local
5119     school board shall take into consideration the fact that an applicant's brother or sister is
5120     attending the school or another school within the district.
5121          (2) (a) A district shall receive transportation money under Sections [53A-17a-126]
5122     53F-2-402 and [53A-17a-127] 53F-2-403 for resident students who enroll in schools other than
5123     the regularly assigned school on the basis of the distance from the student's residence to the
5124     school the student would have attended had the intradistrict attendance option not been used.
5125          (b) The parent or guardian of the student shall arrange for the student's transportation to
5126     and from school, except that the district shall provide transportation on the basis of available
5127     space on an approved route within the district to the school of the student's attendance if the
5128     student would be otherwise eligible for transportation to the same school from that point on the
5129     bus route and the student's presence does not increase the cost of the bus route.
5130          Section 153. Section 53G-6-501 is enacted to read:
5131     
Part 5. Charter School Enrollment

5132          53G-6-501. Definitions.
5133          As used in this part:
5134          (1) "Asset" means the same as that term is defined in Section 53G-5-102.
5135          (2) "Board of trustees of a higher education institution" or "board of trustees" means
5136     the same as that term is defined in Section 53G-5-102.
5137          (3) "Charter agreement" or "charter" means the same as that term is defined in Section
5138     53G-5-102.
5139          (4) "Charter school authorizer" or "authorizer" means the same as that term is defined
5140     in Section 53G-5-102.
5141          (5) "Governing board" means the same as that term is defined in Section 53G-5-102.
5142          Section 154. Section 53G-6-502, which is renumbered from Section 53A-1a-506 is

5143     renumbered and amended to read:
5144          [53A-1a-506].      53G-6-502. Eligible students.
5145          (1) As used in this section:
5146          (a) "At capacity" means operating above the school's open enrollment threshold.
5147          (b) "District school" means a public school under the control of a local school board
5148     elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
5149     Boards.
5150          (c) "Open enrollment threshold" means the same as that term is defined in Section
5151     [53A-2-206.5] 53G-6-401.
5152          (d) "Refugee" means a person who is eligible to receive benefits and services from the
5153     federal Office of Refugee Resettlement.
5154          (e) "School of residence" means the same as that term is defined in Section
5155     [53A-2-206.5] 53G-6-401.
5156          (2) All resident students of the state qualify for admission to a charter school, subject
5157     to the limitations set forth in this section and Section [53A-1a-506.5] 53G-6-503.
5158          (3) (a) A charter school shall enroll an eligible student who submits a timely
5159     application, unless the number of applications exceeds the capacity of a program, class, grade
5160     level, or the charter school.
5161          (b) If the number of applications exceeds the capacity of a program, class, grade level,
5162     or the charter school, the charter school shall select students on a random basis, except as
5163     provided in Subsections (4) through (8).
5164          (4) A charter school may give an enrollment preference to:
5165          (a) a child or grandchild of an individual who has actively participated in the
5166     development of the charter school;
5167          (b) a child or grandchild of a member of the charter school governing board;
5168          (c) a sibling of an individual who was previously or is presently enrolled in the charter
5169     school;
5170          (d) a child of an employee of the charter school;
5171          (e) a student articulating between charter schools offering similar programs that are
5172     governed by the same charter school governing board;
5173          (f) a student articulating from one charter school to another pursuant to an articulation

5174     agreement between the charter schools that is approved by the State Charter School Board; or
5175          (g) a student who resides within a two-mile radius of the charter school and whose
5176     school of residence is at capacity.
5177          (5) (a) Except as provided in Subsection (5)(b), and notwithstanding Subsection (4)(g),
5178     a charter school that is approved by the State Board of Education after May 13, 2014, and is
5179     located in a high growth area as defined in Section [53A-1a-502.5] 53G-6-504 shall give an
5180     enrollment preference to a student who resides within a two-mile radius of the charter school.
5181          (b) The requirement to give an enrollment preference under Subsection (5)(a) does not
5182     apply to a charter school that was approved without a high priority status pursuant to
5183     Subsection [53A-1a-502.5] 53G-6-504(7)(b).
5184          (6) If a district school converts to charter status, the charter school shall give an
5185     enrollment preference to students who would have otherwise attended it as a district school.
5186          (7) (a) A charter school whose mission is to enhance learning opportunities for
5187     refugees or children of refugee families may give an enrollment preference to refugees or
5188     children of refugee families.
5189          (b) A charter school whose mission is to enhance learning opportunities for English
5190     language learners may give an enrollment preference to English language learners.
5191          (8) A charter school may weight the charter school's lottery to give a slightly better
5192     chance of admission to educationally disadvantaged students, including:
5193          (a) low-income students;
5194          (b) students with disabilities;
5195          (c) English language learners;
5196          (d) migrant students;
5197          (e) neglected or delinquent students; and
5198          (f) homeless students.
5199          (9) A charter school may not discriminate in the charter school's admission policies or
5200     practices on the same basis as other public schools may not discriminate in admission policies
5201     and practices.
5202          Section 155. Section 53G-6-503, which is renumbered from Section 53A-1a-506.5 is
5203     renumbered and amended to read:
5204          [53A-1a-506.5].      53G-6-503. Charter school students -- Admissions

5205     procedures -- Transfers.
5206          (1) As used in this section:
5207          (a) "District school" means a public school under the control of a local school board
5208     elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
5209     Boards.
5210          (b) "Nonresident school district" means a school district other than a student's school
5211     district of residence.
5212          (c) "School district of residence" means a student's school district of residence as
5213     determined under Section [53A-2-201] 53G-6-302.
5214          (d) "School of residence" means the school to which a student is assigned to attend
5215     based on the student's place of residence.
5216          (2) (a) The State School Board, in consultation with the State Charter School Board,
5217     shall make rules describing procedures for students to follow in applying for entry into, or
5218     exiting, a charter school.
5219          (b) The rules under Subsection (2)(a) shall, at a minimum, provide for:
5220          (i) posting on a charter school's Internet website, beginning no later than 60 days before
5221     the school's initial period of applications:
5222          (A) procedures for applying for admission to the charter school;
5223          (B) the school's opening date, if the school has not yet opened, or the school calendar;
5224     and
5225          (C) information on how a student may transfer from a charter school to another charter
5226     school or a district school;
5227          (ii) written notification to a student's parent or legal guardian of an offer of admission;
5228          (iii) written acceptance of an offer of admission by a student's parent or legal guardian;
5229          (iv) written notification to a student's current charter school or school district of
5230     residence upon acceptance of the student for enrollment in a charter school; and
5231          (v) the admission of students at:
5232          (A) any time to protect the health or safety of a student; or
5233          (B) times other than those permitted under standard policies if there are other
5234     conditions of special need that warrant consideration.
5235          (c) The rules under Subsection (2)(a) shall prevent the parent of a student who is

5236     enrolled in a charter school or who has accepted an offer of admission to a charter school from
5237     duplicating enrollment for the student in another charter school or a school district without
5238     following the withdrawal procedures described in Subsection (3).
5239          (3) The parent of a student enrolled in a charter school may withdraw the student from
5240     the charter school for enrollment in another charter school or a school district by submitting to
5241     the charter school:
5242          (a) on or before June 30, a notice of intent to enroll the student in the student's school
5243     of residence for the following school year;
5244          (b) after June 30, a letter of acceptance for enrollment in the student's school district of
5245     residence for the following year;
5246          (c) a letter of acceptance for enrollment in the student's school district of residence in
5247     the current school year;
5248          (d) a letter of acceptance for enrollment in a nonresident school district; or
5249          (e) a letter of acceptance for enrollment in a charter school.
5250          (4) (a) A charter school shall report to a school district, by the last business day of each
5251     month the aggregate number of new students, sorted by their school of residence and grade
5252     level, who have accepted enrollment in the charter school for the following school year.
5253          (b) A school district shall report to a charter school, by the last business day of each
5254     month, the aggregate number of students enrolled in the charter school who have accepted
5255     enrollment in the school district in the following school year, sorted by grade level.
5256          (5) When a vacancy occurs because a student has withdrawn from a charter school, the
5257     charter school may immediately enroll a new student from its list of applicants.
5258          (6) Unless provisions have previously been made for enrollment in another school, a
5259     charter school releasing a student from enrollment during a school year shall immediately
5260     notify the school district of residence, which shall enroll the student in the school district of
5261     residence and take additional steps as may be necessary to ensure compliance with laws
5262     governing school attendance.
5263          (7) (a) The parent of a student enrolled in a charter school may withdraw the student
5264     from the charter school for enrollment in the student's school of residence in the following
5265     school year if an application of admission is submitted to the school district of residence by
5266     June 30.

5267          (b) If the parent of a student enrolled in a charter school submits an application of
5268     admission to the student's school district of residence after June 30 for the student's enrollment
5269     in the school district of residence in the following school year, or an application of admission is
5270     submitted for enrollment during the current school year, the student may enroll in a school of
5271     the school district of residence that has adequate capacity in:
5272          (i) the student's grade level, if the student is an elementary school student; or
5273          (ii) the core classes that the student needs to take, if the student is a secondary school
5274     student.
5275          (c) State Board of Education rules made under Subsection (2)(a) shall specify how
5276     adequate capacity in a grade level or core classes is determined for the purposes of Subsection
5277     (7)(b).
5278          (8) Notwithstanding Subsection (7), a school district may enroll a student at any time
5279     to protect the health and safety of the student.
5280          (9) A school district or charter school may charge secondary students a one-time $5
5281     processing fee, to be paid at the time of application.
5282          Section 156. Section 53G-6-504, which is renumbered from Section 53A-1a-502.5 is
5283     renumbered and amended to read:
5284          [53A-1a-502.5].      53G-6-504. Approval of increase in charter school
5285     enrollment capacity -- Expansion.
5286          (1) For the purposes of this section:
5287          (a) "High growth area" means an area of the state where school enrollment is
5288     significantly increasing or projected to significantly increase.
5289          (b) "Next school year" means the school year that begins on or after the July 1
5290     immediately following the end of a general session of the Legislature.
5291          (2) The State Board of Education may approve an increase in charter school enrollment
5292     capacity subject to the Legislature:
5293          (a) appropriating funds for an increase in charter school enrollment capacity in the next
5294     school year; or
5295          (b) authorizing an increase in charter school enrollment capacity in the school year
5296     immediately following the next school year.
5297          (3) In appropriating funds for, or authorizing, an increase in charter school enrollment

5298     capacity, the Legislature shall provide a separate appropriation or authorization of enrollment
5299     capacity for a charter school proposed and approved in response to a request for applications
5300     issued under Section [53A-1a-501.9] 53G-5-301.
5301          (4) (a) A charter school may annually submit a request to the State Board of Education
5302     for an increase in enrollment capacity in the amount of .25 times the number of students in
5303     grades 9 through 12 enrolled in an online course in the previous school year through the
5304     Statewide Online Education Program.
5305          (b) A charter school shall submit a request for an increase in enrollment capacity
5306     pursuant to Subsection (4)(a) on or before October 1 of the school year for which the increase
5307     in enrollment capacity is requested.
5308          (c) The State Board of Education shall approve a request for an increase in enrollment
5309     capacity made under Subsection (4)(a) subject to the availability of sufficient funds
5310     appropriated under [Section 53A-1a-513] Title 53F, Chapter 2, Part 7, Charter School Funding,
5311     to provide the full amount of the per student allocation for each charter school student in the
5312     state to supplement school district property tax revenues.
5313          (d) An increase in enrollment capacity approved under Subsection (4)(c) shall be a
5314     permanent increase in the charter school's enrollment capacity.
5315          (5) (a) On or before January 1, 2017, in accordance with Title 63G, Chapter 3, Utah
5316     Administrative Rulemaking Act, the State Board of Education shall, after considering
5317     suggestions from charter school authorizers, make rules establishing requirements, procedures,
5318     and deadlines for an expansion of a charter school.
5319          (b) The rules described in Subsection (5)(a) shall include rules related to:
5320          (i) an expansion of a charter school when another charter school issues a notice of
5321     closure; and
5322          (ii) the establishment of a satellite campus.
5323          (6) (a) If the Legislature does not appropriate funds for an increase in charter school
5324     enrollment capacity that is tentatively approved by the State Board of Education, the State
5325     Board of Education shall prioritize the tentatively approved schools and expansions based on
5326     approved funds.
5327          (b) A charter school or expansion that is tentatively approved, but not funded, shall be
5328     considered to be tentatively approved for the next application year and receive priority status

5329     for available funding.
5330          (7) (a) Except as provided in Subsection (6)(b) or (7)(b), in approving an increase in
5331     charter school enrollment capacity for new charter schools and expanding charter schools, the
5332     State Board of Education shall give:
5333          (i) high priority to approving a new charter school or a charter school expansion in a
5334     high growth area; and
5335          (ii) low priority to approving a new charter school or a charter school expansion in an
5336     area where student enrollment is stable or declining.
5337          (b) An applicant seeking to establish a charter school in a high growth area may elect
5338     to not receive high priority status as provided in Subsection (7)(a)(i).
5339          Section 157. Section 53G-6-601, which is renumbered from Section 53A-11-501 is
5340     renumbered and amended to read:
5341     
Part 6. Preventing Enrollment or Transfer of Missing Children

5342          [53A-11-501].      53G-6-601. Definitions.
5343          As used in this [chapter] part:
5344          (1) "Division" means the Criminal Investigations and Technical Services Division of
5345     the Department of Public Safety, established in Section 53-10-103.
5346          (2) "Missing child" has the same meaning as provided in Section 26-2-27.
5347          (3) "State registrar" means the State Registrar of Vital Statistics within the Department
5348     of Health.
5349          Section 158. Section 53G-6-602, which is renumbered from Section 53A-11-502 is
5350     renumbered and amended to read:
5351          [53A-11-502].      53G-6-602. Identifying records -- Reporting requirements.
5352          (1) Upon notification by the division of a missing child in accordance with Section
5353     53-10-203, a school in which that child is currently or was previously enrolled shall flag the
5354     record of that child in a manner that whenever a copy of or information regarding the record is
5355     requested, the school is alerted to the fact that the record is that of a missing child.
5356          (2) The school shall immediately report any request concerning flagged records or
5357     knowledge as to the whereabouts of any missing child to the division.
5358          (3) Upon notification by the division that a missing child has been recovered, the
5359     school shall remove the flag from that child's record.

5360          Section 159. Section 53G-6-603, which is renumbered from Section 53A-11-503 is
5361     renumbered and amended to read:
5362          [53A-11-503].      53G-6-603. Requirement of birth certificate for enrollment
5363     of students -- Procedures.
5364          (1) Upon enrollment of a student for the first time in a particular school, that school
5365     shall notify in writing the person enrolling the student that within 30 days he must provide
5366     either a certified copy of the student's birth certificate, or other reliable proof of the student's
5367     identity and age, together with an affidavit explaining the inability to produce a copy of the
5368     birth certificate.
5369          (2) (a) Upon the failure of a person enrolling a student to comply with Subsection (1),
5370     the school shall notify that person in writing that unless he complies within 10 days the case
5371     shall be referred to the local law enforcement authority for investigation.
5372          (b) If compliance is not obtained within that 10 day period, the school shall refer the
5373     case to the division.
5374          (3) The school shall immediately report to the division any affidavit received pursuant
5375     to this subsection which appears inaccurate or suspicious.
5376          Section 160. Section 53G-6-604, which is renumbered from Section 53A-11-504 is
5377     renumbered and amended to read:
5378          [53A-11-504].      53G-6-604. Requirement of school record for transfer of
5379     student -- Procedures.
5380          (1) Except as provided in Section [53A-1-1004] 53E-3-905, a school shall request a
5381     certified copy of a transfer student's record, directly from the transfer student's previous school,
5382     within 14 days after enrolling the transfer student.
5383          (2) (a) Except as provided in Subsection (2)(b) and Section [53A-1-1004] 53E-3-905, a
5384     school requested to forward a certified copy of a transferring student's record to the new school
5385     shall comply within 30 school days of the request.
5386          (b) If the record has been flagged pursuant to Section [53A-11-502] 53G-6-602, a
5387     school may not forward the record to the new school and the requested school shall notify the
5388     division of the request.
5389          Section 161. Section 53G-6-701 is enacted to read:
5390     
Part 7. Other Public School Participation


5391          53G-6-701. Definitions.
5392          Reserved
5393          Section 162. Section 53G-6-702, which is renumbered from Section 53A-11-102.5 is
5394     renumbered and amended to read:
5395          [53A-11-102.5].      53G-6-702. Dual enrollment.
5396          (1) (a) "District school" means a public school under the control of a local school board
5397     elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
5398     Boards.
5399          (b) "Minor" means the same as that term is defined in Section 53G-6-201.
5400          (2) A person having control of a minor who is enrolled in a regularly established
5401     private school or a home school may also enroll the minor in a public school for dual
5402     enrollment purposes.
5403          (3) The minor may participate in any academic activity in the public school available to
5404     students in the minor's grade or age group, subject to compliance with the same rules and
5405     requirements that apply to a full-time student's participation in the activity.
5406          (4) (a) A student enrolled in a dual enrollment program in a district school is
5407     considered a student of the district in which the district school of attendance is located for
5408     purposes of state funding to the extent of the student's participation in the district school
5409     programs.
5410          (b) A student enrolled in a dual enrollment program in a charter school is considered a
5411     student of the charter school for purposes of state funding to the extent of the student's
5412     participation in the charter school programs.
5413          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5414     State Board of Education shall make rules for purposes of dual enrollment to govern and
5415     regulate the transferability of credits toward graduation that are earned in a private or home
5416     school.
5417          Section 163. Section 53G-6-703, which is renumbered from Section 53A-11-102.6 is
5418     renumbered and amended to read:
5419          [53A-11-102.6].      53G-6-703. Private school and home school students'
5420     participation in extracurricular activities in a public school.
5421          (1) As used in this section:

5422          (a) "Academic eligibility requirements" means the academic eligibility requirements
5423     that a home school student is required to meet to participate in an extracurricular activity in a
5424     public school.
5425          (b) "Minor" means the same as that term is defined in Section 53G-6-201.
5426          (c) "Parent" means the same as that term is defined in Section 53G-6-201.
5427          [(b)] (d) "Principal" means the principal of the school in which a home school student
5428     participates or intends to participate in an extracurricular activity.
5429          (2) (a) A minor who is enrolled in a private school or a home school shall be eligible to
5430     participate in an extracurricular activity at a public school as provided in this section.
5431          (b) A private school student may only participate in an extracurricular activity at a
5432     public school that is not offered by the student's private school.
5433          (c) Except as provided in Subsection (2)(d), a private school student or a home school
5434     student may only participate in an extracurricular activity at:
5435          (i) the school within whose attendance boundaries the student's custodial parent or
5436     legal guardian resides; or
5437          (ii) the school from which the student withdrew for the purpose of attending a private
5438     or home school.
5439          (d) A school other than a school described in Subsection (2)(c)(i) or (ii) may allow a
5440     private school student or a home school student to participate in an extracurricular activity
5441     other than:
5442          (i) an interscholastic competition of athletic teams sponsored and supported by a public
5443     school; or
5444          (ii) an interscholastic contest or competition for music, drama, or forensic groups or
5445     teams sponsored and supported by a public school.
5446          (3) (a) Except as provided in Subsections (4) through (13), a private school or home
5447     school student shall be eligible to participate in an extracurricular activity at a public school
5448     consistent with eligibility standards:
5449          (i) applied to a fully enrolled public school student;
5450          (ii) of the public school where the private school or home school student participates in
5451     an extracurricular activity; and
5452          (iii) for the extracurricular activity in which the private school or home school student

5453     participates.
5454          (b) A school district or public school may not impose additional requirements on a
5455     private school or home school student to participate in an extracurricular activity that are not
5456     imposed on a fully enrolled public school student.
5457          (c) (i) A private school or home school student who participates in an extracurricular
5458     activity at a public school shall pay the same fees as required of a fully enrolled public school
5459     student to participate in an extracurricular activity.
5460          (ii) If a local school board or charter school governing board imposes a mandatory
5461     student activity fee for a student enrolled in a public school, the fee may be imposed on a
5462     private school or home school student who participates in an extracurricular activity at the
5463     public school if the same benefits of paying the mandatory student activity fee that are
5464     available to a fully enrolled public school student are available to a private school or home
5465     school student who participates in an extracurricular activity at the public school.
5466          (4) Eligibility requirements based on school attendance are not applicable to a home
5467     school student.
5468          (5) A home school student meets academic eligibility requirements to participate in an
5469     extracurricular activity if:
5470          (a) the student is mastering the material in each course or subject being taught; and
5471          (b) the student is maintaining satisfactory progress towards achievement or promotion.
5472          (6) (a) To establish a home school student's academic eligibility, a parent, teacher, or
5473     organization providing instruction to the student shall submit an affidavit to the principal
5474     indicating the student meets academic eligibility requirements.
5475          (b) Upon submission of an affidavit pursuant to Subsection (6)(a), a home school
5476     student shall:
5477          (i) be considered to meet academic eligibility requirements; and
5478          (ii) retain academic eligibility for all extracurricular activities during the activity season
5479     for which the affidavit is submitted, until:
5480          (A) a panel established under Subsection (10) determines the home school student does
5481     not meet academic eligibility requirements; or
5482          (B) the person who submitted the affidavit under Subsection (6)(a) provides written
5483     notice to the school principal that the student no longer meets academic eligibility

5484     requirements.
5485          (7) (a) A home school student who loses academic eligibility pursuant to Subsection
5486     (6)(b)(ii)(B) may not participate in an extracurricular activity until the person who submitted
5487     the affidavit under Subsection (6)(a) provides written notice to the school principal that the
5488     home school student has reestablished academic eligibility.
5489          (b) If a home school student reestablishes academic eligibility pursuant to Subsection
5490     (7)(a), the home school student may participate in extracurricular activities for the remainder of
5491     the activity season for which an affidavit was submitted under Subsection (6)(a).
5492          (8) A person who has probable cause to believe a home school student does not meet
5493     academic eligibility requirements may submit an affidavit to the principal:
5494          (a) asserting the home school student does not meet academic eligibility requirements;
5495     and
5496          (b) providing information indicating that the home school student does not meet the
5497     academic eligibility requirements.
5498          (9) A principal shall review the affidavit submitted under Subsection (8), and if the
5499     principal determines it contains information which constitutes probable cause to believe a
5500     home school student may not meet academic eligibility requirements, the principal shall
5501     request a panel established pursuant to Subsection (10) to verify the student's compliance with
5502     academic eligibility requirements.
5503          (10) (a) A school district superintendent shall:
5504          (i) appoint a panel of three individuals to verify a home school student's compliance
5505     with academic eligibility requirements when requested by a principal pursuant to Subsection
5506     (9); and
5507          (ii) select the panel members from nominees submitted by national, state, or regional
5508     organizations whose members are home school students and parents.
5509          (b) Of the members appointed to a panel under Subsection (10)(a):
5510          (i) one member shall have experience teaching in a public school as a licensed teacher
5511     and in home schooling high school-age students;
5512          (ii) one member shall have experience teaching in a higher education institution and in
5513     home schooling; and
5514          (iii) one member shall have experience in home schooling high school-age students.

5515          (11) A panel appointed under Subsection (10):
5516          (a) shall review the affidavit submitted under Subsection (8);
5517          (b) may confer with the person who submitted the affidavit under Subsection (8);
5518          (c) shall request the home school student to submit test scores or a portfolio of work
5519     documenting the student's academic achievement to the panel;
5520          (d) shall review the test scores or portfolio of work; and
5521          (e) shall determine whether the home school student meets academic eligibility
5522     requirements.
5523          (12) A home school student who meets academic eligibility requirements pursuant to
5524     Subsection (11), retains academic eligibility for all extracurricular activities during the activity
5525     season for which an affidavit is submitted pursuant to Subsection (6).
5526          (13) (a) A panel's determination that a home school student does not comply with
5527     academic eligibility requirements is effective for an activity season and all extracurricular
5528     activities that have academic eligibility requirements.
5529          (b) A home school student who is not in compliance with academic eligibility
5530     requirements as determined by a panel appointed under Subsection (11) may seek to establish
5531     academic eligibility under this section for the next activity season.
5532          (14) (a) A public school student who has been declared to be academically ineligible to
5533     participate in an extracurricular activity and who subsequently enrolls in a home school shall
5534     lose eligibility for participation in the extracurricular activity until the student:
5535          (i) demonstrates academic eligibility by providing test results or a portfolio of the
5536     student's work to the school principal, provided that a student may not reestablish academic
5537     eligibility under this Subsection (14)(a) during the same activity season in which the student
5538     was declared to be academically ineligible;
5539          (ii) returns to public school and reestablishes academic eligibility; or
5540          (iii) enrolls in a private school and establishes academic eligibility.
5541          (b) A public school student who has been declared to be behaviorally ineligible to
5542     participate in an extracurricular activity and who subsequently enrolls in a home school shall
5543     lose eligibility for participation in the extracurricular activity until the student meets eligibility
5544     standards as provided in Subsection (3).
5545          (15) When selection to participate in an extracurricular activity at a public school is

5546     made on a competitive basis, a private school student and a home school student shall be
5547     eligible to try out for and participate in the activity as provided in this section.
5548          (16) (a) If a student exits a public school to enroll in a private or home school
5549     mid-semester or during an activity season, and the student desires to participate in an
5550     extracurricular activity at the public school, the public school shall issue an interim academic
5551     assessment based on the student's work in each class.
5552          (b) A student's academic eligibility to participate in an extracurricular activity under
5553     the circumstances described in Subsection (16)(a) shall be based on the student meeting public
5554     school academic eligibility standards at the time of exiting public school.
5555          (c) A student may appeal an academic eligibility determination made under Subsection
5556     (16)(b) in accordance with procedures for appealing a public school student's academic
5557     eligibility.
5558          Section 164. Section 53G-6-704, which is renumbered from Section 53A-1a-519 is
5559     renumbered and amended to read:
5560          [53A-1a-519].      53G-6-704. Charter school students' participation in
5561     extracurricular activities at other public schools.
5562          (1) A charter school student is eligible to participate in an extracurricular activity not
5563     offered by the student's charter school at:
5564          (a) the school within whose attendance boundaries the student's custodial parent or
5565     legal guardian resides;
5566          (b) the public school from which the student withdrew for the purpose of attending a
5567     charter school; or
5568          (c) a public school that is not a charter school if the student's charter school is located
5569     on the campus of the public school or has local school board approval to locate on the campus
5570     of the public school.
5571          (2) In addition to the public schools listed in Subsection (1), the State Board of
5572     Education may establish rules to allow a charter school student to participate in an
5573     extracurricular activity at a public school other than a public school listed in Subsection (1).
5574          (3) A school other than a school described in Subsection (1)(a), (b), or (c) may allow a
5575     charter school student to participate in extracurricular activities other than:
5576          (a) interschool competitions of athletic teams sponsored and supported by a public

5577     school; or
5578          (b) interschool contests or competitions for music, drama, or forensic groups or teams
5579     sponsored and supported by a public school.
5580          (4) A charter school student is eligible for extracurricular activities at a public school
5581     consistent with eligibility standards as applied to full-time students of the public school.
5582          (5) A school district or public school may not impose additional requirements on a
5583     charter school student to participate in extracurricular activities that are not imposed on
5584     full-time students of the public school.
5585          (6) (a) The State Board of Education shall make rules establishing fees for charter
5586     school students' participation in extracurricular activities at school district schools.
5587          (b) The rules shall provide that:
5588          (i) charter school students pay the same fees as other students to participate in
5589     extracurricular activities;
5590          (ii) charter school students are eligible for fee waivers pursuant to Section
5591     [53A-12-103] 53G-7-504;
5592          (iii) for each charter school student who participates in an extracurricular activity at a
5593     school district school, the charter school shall pay a share of the school district's costs for the
5594     extracurricular activity; and
5595          (iv) a charter school's share of the costs of an extracurricular activity shall reflect state
5596     and local tax revenues expended, except capital facilities expenditures, for an extracurricular
5597     activity in a school district or school divided by total student enrollment of the school district
5598     or school.
5599          (c) In determining a charter school's share of the costs of an extracurricular activity
5600     under Subsections (6)(b)(iii) and (iv), the State Board of Education may establish uniform fees
5601     statewide based on average costs statewide or average costs within a sample of school districts.
5602          (7) When selection to participate in an extracurricular activity at a public school is
5603     made on a competitive basis, a charter school student is eligible to try out for and participate in
5604     the activity as provided in this section.
5605          Section 165. Section 53G-6-705, which is renumbered from Section 53A-2-214 is
5606     renumbered and amended to read:
5607          [53A-2-214].      53G-6-705. Online students' participation in extracurricular

5608     activities.
5609          (1) As used in this section:
5610          (a) "Online education" means the use of information and communication technologies
5611     to deliver educational opportunities to a student in a location other than a school.
5612          (b) "Online student" means a student who:
5613          (i) participates in an online education program sponsored or supported by the State
5614     Board of Education, a school district, or charter school; and
5615          (ii) generates funding for the school district or school pursuant to Subsection
5616     [53A-17a-103] 53F-2-102(7) and rules of the State Board of Education.
5617          (2) An online student is eligible to participate in extracurricular activities at:
5618          (a) the school within whose attendance boundaries the student's custodial parent or
5619     legal guardian resides; or
5620          (b) the public school from which the student withdrew for the purpose of participating
5621     in an online education program.
5622          (3) A school other than a school described in Subsection (2)(a) or (b) may allow an
5623     online student to participate in extracurricular activities other than:
5624          (a) interschool competitions of athletic teams sponsored and supported by a public
5625     school; or
5626          (b) interschool contests or competitions for music, drama, or forensic groups or teams
5627     sponsored and supported by a public school.
5628          (4) An online student is eligible for extracurricular activities at a public school
5629     consistent with eligibility standards as applied to full-time students of the public school.
5630          (5) A school district or public school may not impose additional requirements on an
5631     online school student to participate in extracurricular activities that are not imposed on
5632     full-time students of the public school.
5633          (6) (a) The State Board of Education shall make rules establishing fees for an online
5634     school student's participation in extracurricular activities at school district schools.
5635          (b) The rules shall provide that:
5636          (i) online school students pay the same fees as other students to participate in
5637     extracurricular activities;
5638          (ii) online school students are eligible for fee waivers pursuant to Section

5639     [53A-12-103] 53G-7-504;
5640          (iii) for each online school student who participates in an extracurricular activity at a
5641     school district school, the online school shall pay a share of the school district's costs for the
5642     extracurricular activity; and
5643          (iv) an online school's share of the costs of an extracurricular activity shall reflect state
5644     and local tax revenues expended, except capital facilities expenditures, for an extracurricular
5645     activity in a school district or school divided by total student enrollment of the school district
5646     or school.
5647          (c) In determining an online school's share of the costs of an extracurricular activity
5648     under Subsections (6)(b)(iii) and (iv), the State Board of Education may establish uniform fees
5649     statewide based on average costs statewide or average costs within a sample of school districts.
5650          (7) When selection to participate in an extracurricular activity at a public school is
5651     made on a competitive basis, an online student is eligible to try out for and participate in the
5652     activity as provided in this section.
5653          Section 166. Section 53G-6-706, which is renumbered from Section 53A-11-102.7 is
5654     renumbered and amended to read:
5655          [53A-11-102.7].      53G-6-706. Placement of a home school student who
5656     transfers to a public school.
5657          (1) For the purposes of this section[, "home]:
5658          (a) "Home school student" means a student who attends a home school pursuant to
5659     Section [53A-11-102] 53G-6-204.
5660          (b) "Parent" means the same as that term is defined in Section 53G-6-201.
5661          (2) When a home school student transfers from a home school to a public school, the
5662     public school shall place the student in the grade levels, classes, or courses that the student's
5663     parent or guardian and in consultation with the school administrator determine are appropriate
5664     based on the parent's or guardian's assessment of the student's academic performance.
5665          (3) (a) Within 30 days of a home school student's placement in a public school grade
5666     level, class, or course, either the student's teacher or the student's parent or guardian may
5667     request a conference to consider changing the student's placement.
5668          (b) If the student's teacher and the student's parent or guardian agree on a placement
5669     change, the public school shall place the student in the agreed upon grade level, class, or

5670     course.
5671          (c) If the student's teacher and the student's parent or guardian do not agree on a
5672     placement change, the public school shall evaluate the student's subject matter mastery in
5673     accordance with Subsection (3)(d).
5674          (d) The student's parent or guardian has the option of:
5675          (i) allowing the public school to administer, to the student, assessments that are:
5676          (A) regularly administered to public school students; and
5677          (B) used to measure public school students' subject matter mastery and determine
5678     placement; or
5679          (ii) having a private entity or individual administer assessments of subject matter
5680     mastery to the student at the parent's or guardian's expense.
5681          (e) After an evaluation of a student's subject matter mastery, a public school may
5682     change a student's placement in a grade level, class, or course.
5683          (4) This section does not apply to a student who is dual enrolled in a public school and
5684     a home school pursuant to Section [53A-11-102.5] 53G-6-702.
5685          Section 167. Section 53G-6-707, which is renumbered from Section 53A-2-206 is
5686     renumbered and amended to read:
5687          [53A-2-206].      53G-6-707. Interstate compact students -- Inclusion in
5688     attendance count -- Funding for foreign exchange students -- Annual report --
5689     Requirements for exchange student agencies.
5690          (1) A school district or charter school may include the following students in the
5691     district's or school's membership and attendance count for the purpose of apportionment of
5692     state money:
5693          (a) a student enrolled under an interstate compact, established between the State Board
5694     of Education and the state education authority of another state, under which a student from one
5695     compact state would be permitted to enroll in a public school in the other compact state on the
5696     same basis as a resident student of the receiving state; or
5697          (b) a student receiving services under Title 62A, Chapter 4a, Part 7, Interstate Compact
5698     on Placement of Children.
5699          [(2) (a) A school district or charter school may include foreign exchange students in the
5700     district's or school's membership and attendance count for the purpose of apportionment of

5701     state money, except as provided in Subsections (2)(b) through (d).]
5702          [(b) (i) Notwithstanding Section 53A-17a-106, foreign exchange students may not be
5703     included in average daily membership for the purpose of determining the number of weighted
5704     pupil units in the grades 1-12 basic program.]
5705          [(ii) Subject to the limitation in Subsection (2)(c), the number of weighted pupil units
5706     in the grades 1-12 basic program attributed to foreign exchange students shall be equal to the
5707     number of foreign exchange students who were:]
5708          [(A) enrolled in a school district or charter school on October 1 of the previous fiscal
5709     year; and]
5710          [(B) sponsored by an agency approved by the district's local school board or charter
5711     school's governing board.]
5712          [(c) (i) The total number of foreign exchange students in the state that may be counted
5713     for the purpose of apportioning state money under Subsection (2)(b) shall be the lesser of:]
5714          [(A) the number of foreign exchange students enrolled in public schools in the state on
5715     October 1 of the previous fiscal year; or]
5716          [(B) 328 foreign exchange students.]
5717          [(ii) The State Board of Education shall make rules in accordance with Title 63G,
5718     Chapter 3, Utah Administrative Rulemaking Act, to administer the cap on the number of
5719     foreign exchange students that may be counted for the purpose of apportioning state money
5720     under Subsection (2)(b).]
5721          [(d) Notwithstanding Sections 53A-17a-133 and 53A-17a-164, weighted pupil units in
5722     the grades 1 through 12 basic program for foreign exchange students, as determined by
5723     Subsections (2)(b) and (c), may not be included for the purposes of determining a school
5724     district's state guarantee money under the voted or board local levies.]
5725          [(3)] (2) A school district or charter school may:
5726          (a) enroll foreign exchange students that do not qualify for state money; and
5727          (b) pay for the costs of those students with other funds available to the school district
5728     or charter school.
5729          [(4)] (3) Due to the benefits to all students of having the opportunity to become
5730     familiar with individuals from diverse backgrounds and cultures, school districts are
5731     encouraged to enroll foreign exchange students, as provided in Subsection [(3)] (2), particularly

5732     in schools with declining or stable enrollments where the incremental cost of enrolling the
5733     foreign exchange student may be minimal.
5734          [(5)] (4) The board shall make an annual report to the Legislature on the number of
5735     exchange students and the number of interstate compact students sent to or received from
5736     public schools outside the state.
5737          [(6)] (5) (a) A local school board or charter school governing board shall require each
5738     approved exchange student agency to provide it with a sworn affidavit of compliance prior to
5739     the beginning of each school year.
5740          (b) The affidavit shall include the following assurances:
5741          (i) that the agency has complied with all applicable policies of the board;
5742          (ii) that a household study, including a background check of all adult residents, has
5743     been made of each household where an exchange student is to reside, and that the study was of
5744     sufficient scope to provide reasonable assurance that the exchange student will receive proper
5745     care and supervision in a safe environment;
5746          (iii) that host parents have received training appropriate to their positions, including
5747     information about enhanced criminal penalties under Subsection 76-5-406(10) for persons who
5748     are in a position of special trust;
5749          (iv) that a representative of the exchange student agency shall visit each student's place
5750     of residence at least once each month during the student's stay in Utah;
5751          (v) that the agency will cooperate with school and other public authorities to ensure
5752     that no exchange student becomes an unreasonable burden upon the public schools or other
5753     public agencies;
5754          (vi) that each exchange student will be given in the exchange student's native language
5755     names and telephone numbers of agency representatives and others who could be called at any
5756     time if a serious problem occurs; and
5757          (vii) that alternate placements are readily available so that no student is required to
5758     remain in a household if conditions appear to exist which unreasonably endanger the student's
5759     welfare.
5760          [(7)] (6) (a) A local school board or charter school governing board shall provide each
5761     approved exchange student agency with a list of names and telephone numbers of individuals
5762     not associated with the agency who could be called by an exchange student in the event of a

5763     serious problem.
5764          (b) The agency shall make a copy of the list available to each of its exchange students
5765     in the exchange student's native language.
5766          [(8)] (7) Notwithstanding Subsection [(2)(c)(i)] 53F-2-303(3)(a), a school district or
5767     charter school shall enroll a foreign exchange student if the foreign exchange student:
5768          (a) is sponsored by an agency approved by the State Board of Education;
5769          (b) attends the same school during the same time period that another student from the
5770     school is:
5771          (i) sponsored by the same agency; and
5772          (ii) enrolled in a school in a foreign country; and
5773          (c) is enrolled in the school for one year or less.
5774          Section 168. Section 53G-6-708, which is renumbered from Section 53A-17a-114 is
5775     renumbered and amended to read:
5776          [53A-17a-114].      53G-6-708. Career and technical education program
5777     alternatives.
5778          (1) A secondary student may attend a technical college described in Section
5779     53B-2a-105 if the secondary student's career and technical education goals are better achieved
5780     by attending a technical college as determined by:
5781          (a) the secondary student; and
5782          (b) if the secondary student is a minor, the secondary student's parent or legal guardian.
5783          (2) A secondary student served under this section by a technical college described in
5784     Section 53B-2a-105 shall be counted in the average daily membership of the sending school
5785     district or charter school.
5786          Section 169. Section 53G-6-801, which is renumbered from Section 53A-15-1401 is
5787     renumbered and amended to read:
5788     
Part 8. Parental Rights

5789          [53A-15-1401].      53G-6-801. Definitions.
5790          As used in this part:
5791          (1) "Federal law" means:
5792          (a) a statute passed by the Congress of the United States; or
5793          (b) a final regulation:

5794          (i) adopted by an administrative agency of the United States government; and
5795          (ii) published in the code of federal regulations or the federal register.
5796          (2) "Individualized Education Program" or "IEP" means a written statement, for a
5797     student with a disability, that is developed, reviewed, and revised in accordance with the
5798     Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
5799          (3) "LEA" means a school district, charter school, or the Utah Schools for the Deaf and
5800     the Blind.
5801          (4) "Reasonably accommodate" means an LEA shall make its best effort to enable a
5802     parent or guardian to exercise a parental right specified in Section [53A-15-1403] 53G-6-803:
5803          (a) without substantial impact to staff and resources, including employee working
5804     conditions, safety and supervision on school premises and for school activities, and the
5805     efficient allocation of expenditures; and
5806          (b) while balancing:
5807          (i) the parental rights of parents or guardians;
5808          (ii) the educational needs of other students;
5809          (iii) the academic and behavioral impacts to a classroom;
5810          (iv) a teacher's workload; and
5811          (v) the assurance of the safe and efficient operation of a school.
5812          Section 170. Section 53G-6-802, which is renumbered from Section 53A-15-1402 is
5813     renumbered and amended to read:
5814          [53A-15-1402].      53G-6-802. Annual notice of parental rights.
5815          (1) An LEA shall annually notify a parent or guardian of a student enrolled in the LEA
5816     of the parent's or guardian's rights as specified in this part.
5817          (2) An LEA satisfies the notification requirement described in Subsection (1) by
5818     posting the information on the LEA's website or through other means of electronic
5819     communication.
5820          Section 171. Section 53G-6-803, which is renumbered from Section 53A-15-1403 is
5821     renumbered and amended to read:
5822          [53A-15-1403].      53G-6-803. Parental right to academic accommodations.
5823          (1) (a) A student's parent or guardian is the primary person responsible for the
5824     education of the student, and the state is in a secondary and supportive role to the parent or

5825     guardian. As such, a student's parent or guardian has the right to reasonable academic
5826     accommodations from the student's LEA as specified in this section.
5827          (b) Each accommodation shall be considered on an individual basis and no student
5828     shall be considered to a greater or lesser degree than any other student.
5829          (c) The parental rights specified in this section do not include all the rights or
5830     accommodations that may be available to a student's parent or guardian as a user of the public
5831     education system.
5832          (d) An accommodation under this section may only be provided if the accommodation
5833     is:
5834          (i) consistent with federal law; and
5835          (ii) consistent with a student's IEP if the student already has an IEP.
5836          (2) An LEA shall reasonably accommodate a parent's or guardian's written request to
5837     retain a student in kindergarten through grade 8 on grade level based on the student's academic
5838     ability or the student's social, emotional, or physical maturity.
5839          (3) An LEA shall reasonably accommodate a parent's or guardian's initial selection of a
5840     teacher or request for a change of teacher.
5841          (4) An LEA shall reasonably accommodate the request of a student's parent or guardian
5842     to visit and observe any class the student attends.
5843          (5) Notwithstanding [Chapter 11, Part 1, Compulsory Education Requirements] Part 2,
5844     Compulsory Education, an LEA shall record an excused absence for a scheduled family event
5845     or a scheduled proactive visit to a health care provider if:
5846          (a) the parent or guardian submits a written statement at least one school day before the
5847     scheduled absence; and
5848          (b) the student agrees to make up course work for school days missed for the scheduled
5849     absence in accordance with LEA policy.
5850          (6) (a) An LEA shall reasonably accommodate a parent's or guardian's written request
5851     to place a student in a specialized class, a specialized program, or an advanced course.
5852          (b) An LEA shall consider multiple academic data points when determining an
5853     accommodation under Subsection (6)(a).
5854          (7) Consistent with Section [53A-13-108] 53E-4-204, which requires the State Board
5855     of Education to establish graduation requirements that use competency-based standards and

5856     assessments, an LEA shall allow a student to earn course credit towards high school graduation
5857     without completing a course in school by:
5858          (a) testing out of the course; or
5859          (b) demonstrating competency in course standards.
5860          (8) An LEA shall reasonably accommodate a parent's or guardian's request to meet
5861     with a teacher at a mutually agreeable time if the parent or guardian is unable to attend a
5862     regularly scheduled parent teacher conference.
5863          (9) (a) At the request of a student's parent or guardian, an LEA shall excuse a student
5864     from taking an assessment that:
5865          (i) is federally mandated;
5866          (ii) is mandated by the state under this [title] public education code; or
5867          (iii) requires the use of:
5868          (A) a state assessment system; or
5869          (B) software that is provided or paid for by the state.
5870          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5871     State Board of Education shall make rules:
5872          (i) to establish a statewide procedure for excusing a student under Subsection (9)(a)
5873     that:
5874          (A) does not place an undue burden on a parent or guardian; and
5875          (B) may be completed online; and
5876          (ii) to prevent negative impact, to the extent authorized by state statute, to an LEA or
5877     an LEA's employees through school grading or employee evaluations due to a student not
5878     taking a test under Subsection (9)(a).
5879          (c) An LEA:
5880          (i) shall follow the procedures outlined in rules made by the State Board of Education
5881     under Subsection (9)(b) to excuse a student under Subsection (9)(a);
5882          (ii) may not require procedures to excuse a student under Subsection (9)(a) in addition
5883     to the procedures outlined in rules made by the State Board of Education under Subsection
5884     (9)(b); and
5885          (iii) may not reward a student for taking an assessment described in Subsection (9)(a).
5886          (d) The State Board of Education shall:

5887          (i) maintain and publish a list of state assessments, state assessment systems, and
5888     software that qualify under Subsection (9)(a); and
5889          (ii) audit and verify an LEA's compliance with the requirements of this Subsection (9).
5890          (10) (a) An LEA shall provide for:
5891          (i) the distribution of a copy of a school's discipline and conduct policy to each student
5892     in accordance with Section [53A-11-903] 53G-8-204; and
5893          (ii) a parent's or guardian's signature acknowledging receipt of the school's discipline
5894     and conduct policy.
5895          (b) An LEA shall notify a parent or guardian of a student's violation of a school's
5896     discipline and conduct policy and allow a parent or guardian to respond to the notice in
5897     accordance with [Chapter 11, Part 9] Chapter 8, Part 2, School Discipline and Conduct Plans.
5898          Section 172. Section 53G-7-101 is enacted to read:
5899     
CHAPTER 7. PUBLIC SCHOOL GENERAL REQUIREMENTS

5900     
Part 1. General Provisions

5901          53G-7-101. Title.
5902          This chapter is known as "Public School General Requirements."
5903          Section 173. Section 53G-7-102 is enacted to read:
5904          53G-7-102. Definitions.
5905          Reserved
5906          Section 174. Section 53G-7-201 is enacted to read:
5907     
Part 2. Powers and Miscellaneous Duties

5908          53G-7-201. Definitions.
5909          Reserved
5910          Section 175. Section 53G-7-202 is enacted to read:
5911          53G-7-202. Waivers from state board rules.
5912          (1) A charter school or any other public school or school district may apply to the State
5913     Board of Education for a waiver of any state board rule that inhibits or hinders the school or the
5914     school district from accomplishing its mission or educational goals set out in its strategic plan
5915     or charter.
5916          (2) The state board may grant the waiver, unless:
5917          (a) the waiver would cause the school district or the school to be in violation of state or

5918     federal law; or
5919          (b) the waiver would threaten the health, safety, or welfare of students in the district or
5920     at the school.
5921          (3) If the State Board of Education denies the waiver, the reason for the denial shall be
5922     provided in writing to the waiver applicant.
5923          Section 176. Section 53G-7-203, which is renumbered from Section 53A-3-402.7 is
5924     renumbered and amended to read:
5925          [53A-3-402.7].      53G-7-203. Kindergartens -- Establishment -- Funding.
5926          (1) Kindergartens are an integral part of the state's public education system.
5927          (2) [By July 1, 1994, each] Each local board of education shall provide kindergarten
5928     classes free of charge for kindergarten children residing within the district.
5929          (3) Kindergartens established under Subsection (2) shall receive state money under
5930     [Title 53A, Chapter 17a, Minimum School Program Act] Title 53F, Public Education System --
5931     Funding.
5932          Section 177. Section 53G-7-204, which is renumbered from Section 53A-3-402.1 is
5933     renumbered and amended to read:
5934          [53A-3-402.1].      53G-7-204. Access to student records by custodial and
5935     noncustodial parents.
5936          (1) Except as provided in Subsection (2), a public school shall allow a custodial parent
5937     and a noncustodial parent of a child the same access to their child's education records.
5938          (2) A school may not allow a noncustodial parent access to the child's education
5939     records if:
5940          (a) a court has issued an order that limits the noncustodial parent's access to the child's
5941     education records; and
5942          (b) the school has received a copy of the court order or has actual knowledge of the
5943     court order.
5944          Section 178. Section 53G-7-205, which is renumbered from Section 53A-3-402.9 is
5945     renumbered and amended to read:
5946          [53A-3-402.9].      53G-7-205. Assessment of emerging and early reading skills
5947     -- Resources provided by school districts.
5948          (1) The Legislature recognizes that well-developed reading skills help:

5949          (a) children to succeed in school, develop self esteem, and build positive relationships
5950     with others;
5951          (b) young adults to become independent learners; and
5952          (c) adults to become and remain productive members of a rapidly changing
5953     technology-based society.
5954          (2) (a) Each potential kindergarten student, the student's parent or guardian, and
5955     kindergarten personnel at the student's school may participate in an assessment of the student's
5956     reading and numeric skills.
5957          (b) The State Board of Education, in cooperation with the state's school districts, may
5958     develop the assessment instrument and any additional materials needed to implement and
5959     supplement the assessment program.
5960          (3) The potential kindergarten student's teacher may use the assessment in planning and
5961     developing an instructional program to meet the student's identified needs.
5962          (4) (a) Each school is encouraged to schedule the assessment early enough before the
5963     kindergarten starting date so that a potential kindergarten student's parent or guardian has time
5964     to develop the child's needed skills as identified by the assessment.
5965          (b) Based on the assessment under Subsection (2), the school shall provide the
5966     potential student's parent or guardian with appropriate resource materials to assist the parent or
5967     guardian at home in the student's literacy development.
5968          Section 179. Section 53G-7-206, which is renumbered from Section 53A-13-108.5 is
5969     renumbered and amended to read:
5970          [53A-13-108.5].      53G-7-206. Acceptance of credits and grades awarded by
5971     accredited schools.
5972          (1) (a) A public school shall accept credits and grades awarded to a student by a school
5973     accredited or approved by the State Board of Education or accredited or recognized by the
5974     Northwest Association of Accredited Schools as issued by the school, without alterations.
5975          (b) Credits awarded for a core standards for Utah public schools course shall be applied
5976     to fulfilling core standards for Utah public schools requirements.
5977          (2) Subsection (1) applies to credits awarded to a student who:
5978          (a) transfers to a public school; or
5979          (b) while enrolled in the public school, takes courses offered by another public or

5980     private school.
5981          (3) Subsection (1) applies to:
5982          (a) traditional classes in which an instructor is present in the classroom and the student
5983     is required to attend the class for a particular length of time;
5984          (b) open entry/open exit classes in which the student has the flexibility to begin or end
5985     study at any time, progress through course material at his own pace, and demonstrate
5986     competency when knowledge and skills have been mastered;
5987          (c) courses offered over the Internet; or
5988          (d) distance learning courses.
5989          Section 180. Section 53G-7-207, which is renumbered from Section 53A-11-901.5 is
5990     renumbered and amended to read:
5991          [53A-11-901.5].      53G-7-207. Period of silence.
5992          A teacher may provide for the observance of a period of silence each school day in a
5993     public school.
5994          Section 181. Section 53G-7-208, which is renumbered from Section 53A-3-409 is
5995     renumbered and amended to read:
5996          [53A-3-409].      53G-7-208. Local governmental entities and school districts
5997     -- Contracts and cooperation -- Disbursement of funds -- Municipal and county
5998     representative participation in school district board meetings -- Notice required.
5999          (1) Local governmental entities and school districts may contract and cooperate with
6000     one another in matters affecting the health, welfare, education, and convenience of the
6001     inhabitants within their respective territorial limits.
6002          (2) A local governmental entity may disburse public funds in aid of a school district
6003     located wholly or partially within the limits of its jurisdiction.
6004          (3) (a) As used in this Subsection (3):
6005          (i) "Interested county executive" means the county executive or county manager of a
6006     county with unincorporated area within the boundary of a school district, or the designee of the
6007     county executive or county manager.
6008          (ii) "Interested mayor" means the mayor of a municipality that is partly or entirely
6009     within the boundary of a school district, or the mayor's designee.
6010          (b) A school district board shall allow an interested mayor and interested county

6011     executive to attend and participate in the board discussions at a school district board meeting
6012     that is open to the public under Title 52, Chapter 4, Open and Public Meetings Act.
6013          (c) An interested county executive and interested mayor may attend and participate in
6014     board discussions at a school district board meeting that is closed to the public under Title 52,
6015     Chapter 4, Open and Public Meetings Act, if:
6016          (i) the school district board invites the interested county executive or interested mayor
6017     to attend and participate; and
6018          (ii) for a closed meeting held for the purpose of discussing the board's disposition or
6019     acquisition of real property, the interested county executive or interested mayor does not have a
6020     conflict of interest with respect to the real estate disposition or acquisition.
6021          (d) (i) A county or municipality may enter into an agreement with a school district
6022     under Title 11, Chapter 13, Interlocal Cooperation Act, to govern the attendance of an
6023     interested county executive or interested mayor at a school district board meeting.
6024          (ii) An agreement under Subsection (3)(d)(i) may not be inconsistent with the
6025     provisions of this Subsection (3).
6026          (e) Each local school board shall give notice of board meetings to each interested
6027     mayor and interested county executive.
6028          (f) The notice required under Subsection (3)(c) shall be provided by:
6029          (i) mail;
6030          (ii) e-mail; or
6031          (iii) other effective means agreed to by the person to whom notice is given.
6032          Section 182. Section 53G-7-209, which is renumbered from Section 53A-3-413 is
6033     renumbered and amended to read:
6034          [53A-3-413].      53G-7-209. Use of public school buildings and grounds as
6035     civic centers.
6036          (1) As used in this section, "civic center" means a public school building or ground,
6037     including a charter school building or ground, that is established and maintained as a limited
6038     public forum for supervised recreational activities and meetings.
6039          (2) Except as provided in Subsection (3), all public school buildings and grounds shall
6040     be civic centers.
6041          (3) The use of school property as a civic center:

6042          (a) may not interfere with a school function or purpose; and
6043          (b) is considered a permit for governmental immunity purposes for a governmental
6044     entity under Subsection 63G-7-201(4)(c).
6045          (4) The organizer of an event may not use a civic center unless the organizer resides
6046     within the geographic boundaries of the school district in which the civic center is located.
6047          Section 183. Section 53G-7-210, which is renumbered from Section 53A-3-414 is
6048     renumbered and amended to read:
6049          [53A-3-414].      53G-7-210. Local school boards' and charter school
6050     governing boards' responsibility for school buildings and grounds when used as civic
6051     centers.
6052          (1) As used in this section, "civic center" means the same as that term is defined in
6053     Section [53A-3-413] 53G-7-209.
6054          (2) A local school board or charter school governing board:
6055          (a) shall manage, direct, and control civic centers [under this chapter];
6056          (b) shall adopt policies for the use of civic centers;
6057          (c) may charge a reasonable fee for the use of a civic center so that the school district
6058     or charter school incurs no expense for that use;
6059          (d) may appoint a special functions officer under Section 53-13-105 to have charge of
6060     the grounds and protect school property when used for civic center purposes;
6061          (e) shall allow the use of a civic center, for other than school purposes, unless it
6062     determines that the use interferes with a school function or purpose; and
6063          (f) shall ensure that school administrators are trained about and properly implement the
6064     provisions of this section and Section [53A-3-413] 53G-7-209.
6065          Section 184. Section 53G-7-211, which is renumbered from Section 53A-3-407 is
6066     renumbered and amended to read:
6067          [53A-3-407].      53G-7-211. Display of American flag.
6068          (1) Each local school board shall provide each school within the district with a suitable
6069     flagpole.
6070          (2) The American flag shall be displayed on every school day and on every state and
6071     national holiday.
6072          (3) The flag shall be maintained in a respectable condition.

6073          Section 185. Section 53G-7-212, which is renumbered from Section 53A-3-402.5 is
6074     renumbered and amended to read:
6075          [53A-3-402.5].      53G-7-212. Voter registration forms for high school
6076     students.
6077          Each public school district and each accredited nonpublic school shall provide voter
6078     registration forms to students as required by Section 20A-2-302.
6079          Section 186. Section 53G-7-213, which is renumbered from Section 53A-3-417 is
6080     renumbered and amended to read:
6081          [53A-3-417].      53G-7-213. Child care centers in public schools --
6082     Requirements -- Availability -- Compliance with state and local laws.
6083          (1) (a) Upon receiving a request from a community group such as a community
6084     council, local PTA, or parent/student organization, a local school board may authorize the use
6085     of a part of any school building in the district to provide child care services for school aged
6086     children.
6087          (b) (i) The school board shall provide written public notice of its intent to authorize a
6088     child care center.
6089          (ii) The board shall file a copy of the notice with the Office of Child Care within the
6090     Department of Workforce Services and the Department of Health.
6091          (2) (a) Establishment of a child care center in a public school building is contingent
6092     upon the local school board determining that the center will not interfere with the building's use
6093     for regular school purposes.
6094          (b) The decision shall be made at the sole discretion of the school board.
6095          (c) A school board may withdraw its approval to operate a child care center at any time
6096     if it determines that such use interferes with the operation or interest of the school.
6097          (d) The school district and its employees and agents are immune from any liability that
6098     might otherwise result from a withdrawal of approval if the withdrawal was made in good
6099     faith.
6100          (3) (a) The board shall charge a commercially reasonable fee for the use of a school
6101     building as a child care center so that the district does not incur an expense.
6102          (b) The fee shall include but not be limited to costs for utility, building maintenance,
6103     and administrative services supplied by the school that are related to the operation of the child

6104     care center.
6105          (4) (a) Child care service may be provided by governmental agencies other than school
6106     districts, nonprofit community service groups, or private providers.
6107          (b) If competitive proposals to provide child care services are submitted by the entities
6108     listed in Subsection (4)(a), the board shall give preference to the private provider and nonprofit
6109     community service groups so long as their proposals are judged to be at least equal to the
6110     proposal of the governmental agency.
6111          (c) It is intended that these programs function at the local community level with
6112     minimal state and district involvement.
6113          (5) It is the intent of the Legislature that providers not be required to go through a
6114     complex procedure in order to obtain approval for providing the service.
6115          (6) (a) Child care centers within a public school building shall make their services
6116     available to all children regardless of where the children reside.
6117          (b) If space and resources are limited, first priority shall be given to those who reside
6118     within the school boundaries where the center is located, and to the children of teachers and
6119     other employees of the school where the child care center is located.
6120          (c) Second priority shall be given to those who reside within the school district
6121     boundaries where the center is located.
6122          (7) (a) The school board shall require proof of liability insurance which is adequate in
6123     the opinion of the school board for use of school property as a child care center.
6124          (b) A school district participating in the state Risk Management Fund shall require the
6125     provider of child care services to comply with the applicable provisions of Title 63A, Chapter
6126     4, Risk Management.
6127          (8) Child care centers established under this section shall operate in compliance with
6128     state and local laws and regulations, including zoning and licensing requirements, and
6129     applicable school rules.
6130          (9) Except for Subsection (8), this section does not apply to child care centers
6131     established by a school district within a public school building if the center offers child care
6132     services primarily to children of employees or children of students of the school district.
6133          Section 187. Section 53G-7-214, which is renumbered from Section 53A-3-427 is
6134     renumbered and amended to read:

6135          [53A-3-427].      53G-7-214. Honorary high school diploma for certain
6136     veterans.
6137          (1) A board of education of a school district may award an honorary high school
6138     diploma to a veteran, if the veteran:
6139          (a) left high school before graduating in order to serve in the armed forces of the
6140     United States;
6141          (b) served in the armed forces of the United States during the period of World War II,
6142     the Korean War, or the Vietnam War;
6143          (c) (i) was honorably discharged; or
6144          (ii) was released from active duty because of a service-related disability; and
6145          (d) (i) resides within the school district; or
6146          (ii) resided within the school district at the time of leaving high school to serve in the
6147     armed forces of the United States.
6148          (2) To receive an honorary high school diploma, a veteran or immediate family
6149     member or guardian of a veteran shall submit to a local school board:
6150          (a) a request for an honorary high school diploma; and
6151          (b) information required by the local school board to verify the veteran's eligibility for
6152     an honorary high school diploma under Subsection (1).
6153          (3) At the request of a veteran, a veteran's immediate family member or guardian, or a
6154     local school board, the Department of Veterans' and Military Affairs shall certify whether the
6155     veteran meets the requirements of Subsections (1)(b) and (c).
6156          Section 188. Section 53G-7-215, which is renumbered from Section 53A-1-409 is
6157     renumbered and amended to read:
6158          [53A-1-409].      53G-7-215. Competency-based education --
6159     Recommendations -- Coordination.
6160          (1) As used in this section, "competency-based education" means the same as that term
6161     is defined in Section [53A-15-1802] 53F-5-501.
6162          (2) A local school board or a charter school governing board may establish a
6163     competency-based education program.
6164          (3) A local school board or charter school governing board that establishes a
6165     competency-based education program shall:

6166          (a) establish assessments to accurately measure competency;
6167          (b) provide the assessments to an enrolled student at no cost to the student;
6168          (c) award credit to a student who demonstrates competency and subject mastery;
6169          (d) submit the competency-based standards to the State Board of Education for review;
6170     and
6171          (e) publish the competency-based standards on its website or by other electronic means
6172     readily accessible to the public.
6173          (4) A local school board or charter school governing board may:
6174          (a) on a random lottery-based basis, limit enrollment to courses that have been
6175     designated as competency-based courses;
6176          (b) waive or adapt traditional attendance requirements;
6177          (c) adjust class sizes to maximize the value of course instructors or course mentors;
6178          (d) enroll students from any geographic location within the state; and
6179          (e) provide proctored online competency-based assessments.
6180          Section 189. Section 53G-7-216, which is renumbered from Section 53A-1-706 is
6181     renumbered and amended to read:
6182          [53A-1-706].      53G-7-216. Purchases of educational technology.
6183          (1) (a) A school district[,] or charter school[, or college of education] shall comply
6184     with Title 63G, Chapter 6a, Utah Procurement Code, in purchasing technology, except as
6185     otherwise provided in Subsection (1)(b).
6186          (b) A school district or charter school may purchase computers from, and contract for
6187     the repair or refurbishing of computers with, the Utah Correctional Industries without going
6188     through the bidding or competition procedures outlined in Title 63G, Chapter 6a, Utah
6189     Procurement Code.
6190          (2) A school district[,] or charter school[, or college of education] may purchase
6191     technology through cooperative purchasing contracts administered by the state Division of
6192     Purchasing or through its own established purchasing program.
6193          (3) Consistent with policies adopted by a local school board or charter school
6194     governing board, a school district or charter school that purchases technology under this section
6195     shall ensure that adequate on and off campus Internet filtering is installed and consistently
6196     configured to prevent viewing of harmful content by students and school personnel.

6197          Section 190. Section 53G-7-301 is enacted to read:
6198     
Part 3. Budgets

6199          53G-7-301. Definitions.
6200          Reserved
6201          Section 191. Section 53G-7-302, which is renumbered from Section 53A-19-101 is
6202     renumbered and amended to read:
6203          [53A-19-101].      53G-7-302. School district and charter school budgets.
6204          (1) As used in this section:
6205          (a) "Budget officer" means:
6206          (i) for a school district, the school district's superintendent; or
6207          (ii) for a charter school, an individual selected by the charter school governing board.
6208          (b) "Governing board" means:
6209          (i) for a school district, the local school board; or
6210          (ii) for a charter school, the charter school governing board.
6211          (2) Before June 1 of each year, the budget officer shall prepare a tentative budget, with
6212     supporting documentation, to be submitted to the budget officer's governing board.
6213          (3) The tentative budget and supporting documents shall include the following items:
6214          (a) the revenues and expenditures of the preceding fiscal year;
6215          (b) the estimated revenues and expenditures of the current fiscal year;
6216          (c) for a school district, an estimate of the revenues for the succeeding fiscal year based
6217     upon the lowest tax levy that will raise the required revenue, using the current year's taxable
6218     value as the basis for this calculation;
6219          (d) a detailed estimate of the essential expenditures for all purposes for the next
6220     succeeding fiscal year; and
6221          (e) the estimated financial condition of the school district or charter school by funds at
6222     the close of the current fiscal year.
6223          (4) The tentative budget shall be filed with the district business administrator or charter
6224     school executive director for public inspection at least 15 days before the date of the tentative
6225     budget's proposed adoption by the governing board.
6226          Section 192. Section 53G-7-303, which is renumbered from Section 53A-19-102 is
6227     renumbered and amended to read:

6228          [53A-19-102].      53G-7-303. Local governing board budget procedures.
6229          (1) As used in this section:
6230          (a) "Budget officer" means:
6231          (i) for a school district, the school district's superintendent; or
6232          (ii) for a charter school, an individual selected by the charter school governing board.
6233          (b) "Governing board" means:
6234          (i) for a school district, the local school board; or
6235          (ii) for a charter school, the charter school governing board.
6236          (2) (a) For a school district, before June 22 of each year, a local school board shall
6237     adopt a budget and make appropriations for the next fiscal year.
6238          (b) For a school district, if the tax rate in the school district's proposed budget exceeds
6239     the certified tax rate defined in Section 59-2-924, the local school board shall comply with
6240     Section 59-2-919 in adopting the budget, except as provided by Section [53A-17a-133]
6241     53F-8-301.
6242          (3) (a) For a school district, before the adoption or amendment of a budget, a local
6243     school board shall hold a public hearing, as defined in Section 10-9a-103, on the proposed
6244     budget or budget amendment.
6245          (b) In addition to complying with Title 52, Chapter 4, Open and Public Meetings Act,
6246     in regards to the public hearing described in Subsection (3)(a), at least 10 days prior to the
6247     public hearing, a local school board shall:
6248          (i) publish a notice of the public hearing in a newspaper or combination of newspapers
6249     of general circulation in the school district, except as provided in Section 45-1-101;
6250          (ii) publish a notice of the public hearing electronically in accordance with Section
6251     45-1-101;
6252          (iii) file a copy of the proposed budget with the local school board's business
6253     administrator for public inspection; and
6254          (iv) post the proposed budget on the school district's Internet website.
6255          (c) A notice of a public hearing on a school district's proposed budget shall include
6256     information on how the public may access the proposed budget as provided in Subsections
6257     (3)(b)(iii) and (iv).
6258          (4) For a charter school, before June 22 of each year, a charter school governing board

6259     shall adopt a budget for the next fiscal year.
6260          (5) Within 30 days of adopting a budget, a governing board shall file a copy of the
6261     adopted budget with the state auditor and the State Board of Education.
6262          Section 193. Section 53G-7-304, which is renumbered from Section 53A-19-103 is
6263     renumbered and amended to read:
6264          [53A-19-103].      53G-7-304. Undistributed reserve in school board budget.
6265          (1) A local school board may adopt a budget with an undistributed reserve. The reserve
6266     may not exceed 5% of the maintenance and operation budget adopted by the board in
6267     accordance with a scale developed by the State Board of Education. The scale is based on the
6268     size of the school district's budget.
6269          (2) The board may appropriate all or a part of the undistributed reserve made to any
6270     expenditure classification in the maintenance and operation budget by written resolution
6271     adopted by a majority vote of the board setting forth the reasons for the appropriation. The
6272     board shall file a copy of the resolution with the State Board of Education and the state auditor.
6273          (3) The board may not use undistributed reserves in the negotiation or settlement of
6274     contract salaries for school district employees.
6275          Section 194. Section 53G-7-305, which is renumbered from Section 53A-19-104 is
6276     renumbered and amended to read:
6277          [53A-19-104].      53G-7-305. Limits on appropriations -- Estimated
6278     expendable revenue.
6279          (1) As used in this section:
6280          (a) "Budget officer" means:
6281          (i) for a school district, the school district's superintendent; or
6282          (ii) for a charter school, an individual selected by the charter school governing board.
6283          (b) "Governing board" means:
6284          (i) for a school district, the local school board; or
6285          (ii) for a charter school, the charter school governing board.
6286          (2) A governing board may not make an appropriation in excess of its estimated
6287     expendable revenue, including undistributed reserves, for the following fiscal year.
6288          (3) A governing board may reduce a budget appropriation at the governing board's
6289     regular meeting if notice of the proposed action is given to all governing board members and to

6290     the district superintendent or charter school executive director, as applicable, at least one week
6291     before the meeting.
6292          (4) For a school district, in determining the estimated expendable revenue, any existing
6293     deficits arising through excessive expenditures from former years are deducted from the
6294     estimated revenue for the ensuing year to the extent of at least 10% of the entire tax revenue of
6295     the district for the previous year.
6296          (5) For a school district, in the event of financial hardships, the local school board may
6297     deduct from the estimated expendable revenue for the ensuing year, by fund, at least 25% of
6298     the deficit amount.
6299          (6) For a school district, all estimated balances available for appropriations at the end
6300     of the fiscal year shall revert to the funds from which they were appropriated and shall be fund
6301     balances available for appropriation in the budget of the following year.
6302          (7) For a school district, an increase in an appropriation may not be made by the local
6303     school board unless the following steps are taken:
6304          (a) the local school board receives a written request from the district superintendent
6305     that sets forth the reasons for the proposed increase;
6306          (b) notice of the request is published:
6307          (i) in a newspaper of general circulation within the school district at least one week
6308     before the local school board meeting at which the request will be considered; and
6309          (ii) in accordance with Section 45-1-101, at least one week before the local school
6310     board meeting at which the request will be considered; and
6311          (c) the local school board holds a public hearing on the request before the local school
6312     board's acting on the request.
6313          Section 195. Section 53G-7-306, which is renumbered from Section 53A-19-105 is
6314     renumbered and amended to read:
6315          [53A-19-105].      53G-7-306. School district interfund transfers.
6316          (1) A school district shall spend revenues only within the fund for which they were
6317     originally authorized, levied, collected, or appropriated.
6318          (2) Except as otherwise provided in this section, school district interfund transfers of
6319     residual equity are prohibited.
6320          (3) The State Board of Education may authorize school district interfund transfers of

6321     residual equity when a district states its intent to create a new fund or expand, contract, or
6322     liquidate an existing fund.
6323          (4) The State Board of Education may also authorize school district interfund transfers
6324     of residual equity for a financially distressed district if the board determines the following:
6325          (a) the district has a significant deficit in its maintenance and operations fund caused
6326     by circumstances not subject to the administrative decisions of the district;
6327          (b) the deficit cannot be reasonably reduced under Section [53A-19-104] 53G-7-305;
6328     and
6329          (c) without the transfer, the school district will not be capable of meeting statewide
6330     educational standards adopted by the State Board of Education.
6331          (5) The board shall develop standards for defining and aiding financially distressed
6332     school districts under this section in accordance with Title 63G, Chapter 3, Utah
6333     Administrative Rulemaking Act.
6334          (6) (a) All debt service levies not subject to certified tax rate hearings shall be recorded
6335     and reported in the debt service fund.
6336          (b) Debt service levies under Subsection 59-2-924 (5)(c) that are not subject to the
6337     public hearing provisions of Section 59-2-919 may not be used for any purpose other than
6338     retiring general obligation debt.
6339          (c) Amounts from these levies remaining in the debt service fund at the end of a fiscal
6340     year shall be used in subsequent years for general obligation debt retirement.
6341          (d) Any amounts left in the debt service fund after all general obligation debt has been
6342     retired may be transferred to the capital projects fund upon completion of the budgetary hearing
6343     process required under Section [53A-19-102] 53G-7-303.
6344          Section 196. Section 53G-7-307, which is renumbered from Section 53A-19-106 is
6345     renumbered and amended to read:
6346          [53A-19-106].      53G-7-307. Warrants drawn by budget officer.
6347          (1) As used in this section:
6348          (a) "Budget officer" means:
6349          (i) for a school district, the school district's superintendent; or
6350          (ii) for a charter school, an individual selected by the charter school governing board.
6351          (b) "Governing board" means:

6352          (i) for a school district, the local school board; or
6353          (ii) for a charter school, the charter school governing board.
6354          (2) The budget officer of a governing board may not draw warrants on school district
6355     or charter school funds except in accordance with and within the limits of the budget passed by
6356     the governing board.
6357          Section 197. Section 53G-7-308, which is renumbered from Section 53A-19-107 is
6358     renumbered and amended to read:
6359          [53A-19-107].      53G-7-308. Emergency expenditures.
6360          This [chapter] part does not apply to appropriations required because of emergencies
6361     involving loss of life or great loss of property.
6362          Section 198. Section 53G-7-309, which is renumbered from Section 53A-19-108 is
6363     renumbered and amended to read:
6364          [53A-19-108].      53G-7-309. Monthly budget reports.
6365          (1) As used in this section:
6366          (a) "Budget officer" means:
6367          (i) for a school district, the school district's superintendent; or
6368          (ii) for a charter school, an individual selected by the charter school governing board.
6369          (b) "Governing board" means:
6370          (i) for a school district, the local school board; or
6371          (ii) for a charter school, the charter school governing board.
6372          (2) The business administrator or budget officer of a governing board shall provide
6373     each board member with a report, on a monthly basis, that includes the following information:
6374          (a) the amounts of all budget appropriations;
6375          (b) the disbursements from the appropriations as of the date of the report; and
6376          (c) the percentage of the disbursements as of the date of the report.
6377          (3) Within five days of providing the monthly report described in Subsection (2) to a
6378     governing board, the business administrator or budget officer shall make a copy of the report
6379     available for public review.
6380          Section 199. Section 53G-7-401, which is renumbered from Section 53A-30-102 is
6381     renumbered and amended to read:
6382     
Part 4. Internal Audits


6383          [53A-30-102].      53G-7-401. Definitions.
6384          As used in this part:
6385          (1) "Audit committee" means a standing committee:
6386          (a) appointed by the local school board or charter school governing board with the
6387     following number of members as applicable to the local school board or charter school
6388     governing board:
6389          (i) for a board of a local education agency that consists of seven or more members,
6390     three members of that board; or
6391          (ii) for a board of a local education agency that consists of six or fewer members, two
6392     members of that board; and
6393          (b) composed of people who are not administrators or employees of the local education
6394     agency.
6395          (2) "Audit director" means the person who directs the internal audit program.
6396          (3) "Audit plan" means a prioritized list of audits to be performed by an internal audit
6397     program within a specified period of time.
6398          (4) "Internal audit" means an independent appraisal activity established within a local
6399     education agency as a control system to examine and evaluate the adequacy and effectiveness
6400     of other internal control systems within the local education agency.
6401          (5) "Internal audit program" means an audit function that:
6402          (a) is conducted by a local school board or charter school governing board independent
6403     of the local education agency offices or other operations;
6404          (b) objectively evaluates the effectiveness of the local education agency governance,
6405     risk management, internal controls, and the efficiency of operations; and
6406          (c) is conducted in accordance with the current:
6407          (i) International Standards for the Professional Practice of Internal Auditing; or
6408          (ii) The Government Auditing Standards, issued by the Comptroller General of the
6409     United States.
6410          (6) "Local education agency" means a school district or charter school.
6411          Section 200. Section 53G-7-402, which is renumbered from Section 53A-30-103 is
6412     renumbered and amended to read:
6413          [53A-30-103].      53G-7-402. Internal auditing program -- Audit committee --

6414     Powers and duties.
6415          (1) A local school board or charter school governing board shall establish an audit
6416     committee.
6417          (2) (a) The audit committee shall establish an internal audit program that provides
6418     internal audit services for the programs administered by the local education agency.
6419          (b) A local education agency that has fewer than 10,000 students is not subject to
6420     Subsection (2)(a).
6421          (3) (a) A local school board or charter school governing board shall appoint the audit
6422     director, with the advisement of the audit committee, if the local school board or charter school
6423     governing board hires an audit director.
6424          (b) If the local school board or charter school governing board has not appointed an
6425     audit director and the school board or governing board contracts directly for internal audit
6426     services, the local school board or charter school governing board shall approve a contract for
6427     internal audit services, with the advisement of the audit committee.
6428          (4) The audit committee shall ensure that copies of all reports of audit findings issued
6429     by the internal auditors are available, upon request, to the audit director of the State Board of
6430     Education, the Office of the State Auditor, and the Office of Legislative Auditor General.
6431          (5) The audit committee shall ensure that significant audit matters that cannot be
6432     appropriately addressed by the local education agency internal auditors are referred to either the
6433     audit director of the State Board of Education, the Office of the State Auditor, or the Office of
6434     Legislative Auditor General.
6435          (6) The audit director may contract with a consultant to assist with an audit.
6436          (7) The audit director of the State Board of Education and the Office of the State
6437     Auditor may contract to provide internal audit services.
6438          Section 201. Section 53G-7-501 is enacted to read:
6439     
Part 5. Student Fees

6440          53G-7-501. Definitions.
6441          Reserved
6442          Section 202. Section 53G-7-502, which is renumbered from Section 53A-12-101 is
6443     renumbered and amended to read:
6444          [53A-12-101].      53G-7-502. Schools to be free -- Age limitations.

6445          (1) Except as otherwise provided in [Title 53A, State System of Public Education] this
6446     public education code, in each school district the public schools shall be free to all children
6447     between five and 18 years of age who are residents of the district, and also to persons over 18
6448     who are domiciled in the state of Utah and have not completed high school.
6449          (2) A person over the age of 18 taking courses under this section must declare an intent
6450     to complete requirements for a high school diploma. All courses taken must lead toward that
6451     diploma and must be approved by those directly responsible for administering the program.
6452          (3) A person required to pay tuition under this section may have the tuition waived
6453     under Section [53A-15-404] 53E-10-205.
6454          Section 203. Section 53G-7-503, which is renumbered from Section 53A-12-102 is
6455     renumbered and amended to read:
6456          [53A-12-102].      53G-7-503. State policy on student fees, deposits, or other
6457     charges.
6458          (1) For purposes of this part:
6459          (a) "Board" means the State Board of Education.
6460          (b) "Secondary school" means a school that provides instruction to students in grades
6461     7, 8, 9, 10, 11, or 12.
6462          (c) "Secondary school student":
6463          (i) means a student enrolled in a secondary school; and
6464          (ii) includes a student in grade 6 if the student attends a secondary school.
6465          (2) (a) A secondary school may impose fees on secondary school students.
6466          (b) The board shall adopt rules regarding the imposition of fees in secondary schools in
6467     accordance with the requirements of this part.
6468          (3) A fee, deposit, or other charge may not be made, or any expenditure required of a
6469     student or the student's parent or guardian, as a condition for student participation in an
6470     activity, class, or program provided, sponsored, or supported by or through a public school or
6471     school district, unless authorized by the local school board or charter school governing board
6472     under rules adopted by the board.
6473          (4) (a) A fee, deposit, charge, or expenditure may not be required for elementary school
6474     activities which are part of the regular school day or for supplies used during the regular school
6475     day.

6476          (b) An elementary school or elementary school teacher may compile and provide to a
6477     student's parent or guardian a suggested list of supplies for use during the regular school day so
6478     that a parent or guardian may furnish on a voluntary basis those supplies for student use.
6479          (c) A list provided to a student's parent or guardian pursuant to Subsection (4)(b) shall
6480     include and be preceded by the following language:
6481          "NOTICE: THE ITEMS ON THIS LIST WILL BE USED DURING THE REGULAR
6482     SCHOOL DAY. THEY MAY BE BROUGHT FROM HOME ON A VOLUNTARY BASIS,
6483     OTHERWISE, THEY WILL BE FURNISHED BY THE SCHOOL."
6484          Section 204. Section 53G-7-504, which is renumbered from Section 53A-12-103 is
6485     renumbered and amended to read:
6486          [53A-12-103].      53G-7-504. Waiver of fees.
6487          (1) (a) A local school board shall require, as part of an authorization granted under
6488     Section [53A-12-102] 53G-7-503, that adequate waivers or other provisions are available to
6489     ensure that no student is denied the opportunity to participate because of an inability to pay the
6490     required fee, deposit, or charge.
6491          (b) (i) If, however, a student must repeat a course or requires remediation to advance or
6492     graduate and a fee is associated with the course or the remediation program, it is presumed that
6493     the student will pay the fee.
6494          (ii) If the student or the student's parent or guardian is financially unable to pay the fee,
6495     the board shall provide for alternatives to waiving the fee, which may include installment
6496     payments and school or community service or work projects for the student.
6497          (iii) In cases of extreme financial hardship or where the student has suffered a
6498     long-term illness, or death in the family, or other major emergency and where installment
6499     payments and the imposition of a service or work requirement would not be reasonable, the
6500     student may receive a partial or full waiver of the fee required under Subsection (1)(b)(i).
6501          (iv) The waiver provisions in Subsections (2) and (3) apply to all other fees, deposits,
6502     and charges made in the secondary schools.
6503          (2) (a) The board shall require each school in the district that charges a fee under this
6504     [chapter] part and Part 6, Textbook Fees, to provide a variety of alternatives for satisfying the
6505     fee requirement to those who qualify for fee waivers, in addition to the outright waiver of the
6506     fee.

6507          (b) The board shall develop and provide a list of alternatives for the schools, including
6508     such options as allowing the student to provide:
6509          (i) tutorial assistance to other students;
6510          (ii) assistance before or after school to teachers and other school personnel on school
6511     related matters; and
6512          (iii) general community or home service.
6513          (c) Each school may add to the list of alternatives provided by the board, subject to
6514     approval by the board.
6515          (3) A local school board may establish policies providing for partial fee waivers or
6516     other alternatives for those students who, because of extenuating circumstances, are not in a
6517     financial position to pay the entire fee.
6518          (4) With regard to children who are in the custody of the Division of Child and Family
6519     Services who are also eligible under Title IV-E of the federal Social Security Act, local school
6520     boards shall require fee waivers or alternatives in accordance with Subsections (1) through (3).
6521          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6522     State Board of Education shall make rules:
6523          (a) requiring a parent or guardian of a student applying for a fee waiver to provide
6524     documentation and certification to the school verifying:
6525          (i) the student's eligibility to receive the waiver; and
6526          (ii) that the alternatives for satisfying the fee requirements under Subsection (2) have
6527     been complied with to the fullest extent reasonably possible according to the individual
6528     circumstances of both the fee waiver applicant and the school; and
6529          (b) specifying the acceptable forms of documentation for the requirement under
6530     Subsection (5)(a), which shall include verification based on income tax returns or current pay
6531     stubs.
6532          (6) Notwithstanding the requirements under Subsection (5), a school is not required to
6533     keep documentation on file after the verification is completed.
6534          Section 205. Section 53G-7-505, which is renumbered from Section 53A-12-104 is
6535     renumbered and amended to read:
6536          [53A-12-104].      53G-7-505. Notice of student fees and waivers.
6537          A local school board shall annually give written notice of its student fee schedules and

6538     fee waiver policies to the parent or guardian of a child who attends a public school within the
6539     district.
6540          Section 206. Section 53G-7-601, which is renumbered from Section 53A-12-202 is
6541     renumbered and amended to read:
6542     
Part 6. Textbook Fees

6543          [53A-12-202].      53G-7-601. "Textbooks" defined.
6544          For the purposes of Sections [53A-12-201] 53G-7-602 through [53A-12-206]
6545     53G-7-605, "textbooks" includes textbooks and workbooks necessary for participation in any
6546     instructional course. Textbooks shall not include personal or consumable items, such as
6547     pencils, papers, pens, erasers, notebooks, other items of personal use, or products which a
6548     student may purchase at his option, such as school publications, class rings, annuals, and
6549     similar items.
6550          Section 207. Section 53G-7-602, which is renumbered from Section 53A-12-201 is
6551     renumbered and amended to read:
6552          [53A-12-201].      53G-7-602. State policy on providing textbooks.
6553          (1) It is the public policy of this state that public education shall be free.
6554          (2) A student may not be denied an education because of economic inability to
6555     purchase textbooks necessary for advancement in or graduation from the public school system.
6556          (3) A school board may not sell textbooks or otherwise charge textbook fees or
6557     deposits except as provided in [Title 53A, State System of Public Education] this public
6558     education code.
6559          Section 208. Section 53G-7-603, which is renumbered from Section 53A-12-204 is
6560     renumbered and amended to read:
6561          [53A-12-204].      53G-7-603. Purchase of textbooks by local school board --
6562     Sales to pupils -- Free textbooks -- Textbooks provided to teachers -- Payment of costs --
6563     Rental of textbooks.
6564          (1) A local school board, under rules adopted by the State Board of Education, may
6565     purchase textbooks for use in the public schools directly from the publisher at prices and terms
6566     approved by the state board and may sell those books to pupils in grades nine through 12 at a
6567     cost not to exceed the actual cost of the book plus costs of transportation and handling.
6568          (2) Each local school board, however, shall provide, free of charge, textbooks and

6569     workbooks required for courses of instruction for each child attending public schools whose
6570     parent or guardian is financially unable to purchase them.
6571          (3) Children who are receiving cash assistance under Title 35A, Chapter 3, Part 3,
6572     Family Employment Program, supplemental security income, or who are in the custody of the
6573     Division of Child and Family Services within the Department of Human Services are eligible
6574     for free textbooks and workbooks under this section.
6575          (4) The local school board shall also purchase all books necessary for teachers to
6576     conduct their classes.
6577          (5) The cost of furnishing textbooks and workbooks may be paid from school operating
6578     funds, the textbook fund, or from other available funds.
6579          (6) Books provided to teachers and pupils without charge or at less than full cost are
6580     paid for out of funds of the district and remain the property of the district.
6581          (7) In school districts that require pupils to rent books instead of purchasing them or
6582     providing them free of charge, the local school board shall waive rental fees for a child whose
6583     parent or guardian is financially unable to pay the rental fee. The children considered eligible
6584     under Subsection (3) are also eligible for the purposes of this Subsection (7).
6585          Section 209. Section 53G-7-604, which is renumbered from Section 53A-12-205 is
6586     renumbered and amended to read:
6587          [53A-12-205].      53G-7-604. Free textbook system.
6588          (1) If a local school board considers it desirable or necessary, or if the board is
6589     petitioned by two-thirds of those voting in the district, it shall provide free textbooks to all
6590     pupils in the schools under its charge.
6591          (2) Books purchased under this section shall be paid for out of the funds of the district.
6592          (3) The board shall assure that sufficient funds are raised and set aside for this purpose.
6593          (4) A board that has adopted the free textbook system shall terminate the system if
6594     petitioned by two-thirds of those voting in an election conducted for that purpose vote to
6595     terminate the system.
6596          (5) The board may not act upon a petition to terminate the free textbook system during
6597     a period of four years after the system is adopted.
6598          (6) The board may not reinstitute a free textbook system until four years after its
6599     termination.

6600          Section 210. Section 53G-7-605, which is renumbered from Section 53A-12-206 is
6601     renumbered and amended to read:
6602          [53A-12-206].      53G-7-605. Repurchase and resale of textbooks.
6603          (1) If a student moves from a district in which free textbooks were not provided, the
6604     school board of that district may purchase the books used by the student at a reasonable price,
6605     based upon the original cost and the condition of the book upon return.
6606          (2) The books purchased by the district under this section may be resold to other
6607     students in the district.
6608          Section 211. Section 53G-7-606, which is renumbered from Section 53A-12-207 is
6609     renumbered and amended to read:
6610          [53A-12-207].      53G-7-606. Disposal of textbooks.
6611          (1) For a school year beginning with or after the 2012-13 school year, a local school
6612     district may not dispose of textbooks used in its public schools without first notifying all other
6613     school districts in the state of its intent to dispose of the textbooks.
6614          (2) Subsection (1) does not apply to textbooks that have been damaged, mutilated, or
6615     worn out.
6616          (3) The State Board of Education shall develop rules and procedures directing the
6617     disposal of textbooks.
6618          Section 212. Section 53G-7-701, which is renumbered from Section 53A-11-1202 is
6619     renumbered and amended to read:
6620     
Part 7. Student Clubs

6621          [53A-11-1202].      53G-7-701. Definitions.
6622          As used in this part:
6623          (1) "Bigotry" means action or advocacy of imminent action involving:
6624          (a) the harassment or denigration of a person or entity; or
6625          (b) any intent to cause a person not to freely enjoy or exercise any right secured by the
6626     constitution or laws of the United States or the state, except that an evaluation or prohibition
6627     may not be made of the truth or falsity of any religious belief or expression of conscience
6628     unless the means of expression or conduct arising therefrom violates the standards of conduct
6629     outlined in this section, Section [53A-13-101.3] 53G-10-203, or 20 U.S.C. [Section] Sec.
6630     4071(f).

6631          (2) "Club" means any student organization that meets during noninstructional time.
6632          (3) "Conscience" means a standard based upon learned experiences, a personal
6633     philosophy or system of belief, religious teachings or doctrine, an absolute or external sense of
6634     right and wrong which is felt on an individual basis, a belief in an external absolute, or any
6635     combination of the foregoing.
6636          (4) "Curricular club" means a club that is school sponsored and that may receive
6637     leadership, direction, and support from the school or school district beyond providing a
6638     meeting place during noninstructional time. An elementary school curricular club means a club
6639     that is organized and directed by school sponsors at the elementary school. A secondary school
6640     curricular club means a club:
6641          (a) whose subject matter is taught or will soon be taught in a regular course;
6642          (b) whose subject matter concerns the body of courses as a whole;
6643          (c) in which participation is required for a particular course; or
6644          (d) in which participation results in academic credit.
6645          (5) (a) "Discretionary time" means school-related time for students that is not
6646     instructional time.
6647          (b) "Discretionary time" includes free time before and after school, during lunch and
6648     between classes or on buses, and private time before athletic and other events or activities.
6649          (6) (a) "Encourage criminal or delinquent conduct" means action or advocacy of
6650     imminent action that violates any law or administrative rule.
6651          (b) "Encourage criminal or delinquent conduct" does not include discussions
6652     concerning changing of laws or rules, or actions taken through lawfully established channels to
6653     effectuate such change.
6654          (7) (a) "Instructional time" means time during which a school is responsible for a
6655     student and the student is required or expected to be actively engaged in a learning activity.
6656          (b) "Instructional time" includes instructional activities in the classroom or study hall
6657     during regularly scheduled hours, required activities outside the classroom, and counseling,
6658     private conferences, or tutoring provided by school employees or volunteers acting in their
6659     official capacities during or outside of regular school hours.
6660          (8) "Involve human sexuality" means:
6661          (a) presenting information in violation of laws governing sex education, including

6662     Sections [53A-13-101] 53G-10-402 and [53A-13-302] 53E-9-203;
6663          (b) advocating or engaging in sexual activity outside of legally recognized marriage or
6664     forbidden by state law; or
6665          (c) presenting or discussing information relating to the use of contraceptive devices or
6666     substances, regardless of whether the use is for purposes of contraception or personal health.
6667          (9) "Limited open forum" means a forum created by a school district or charter school
6668     for student expression within the constraints of Subsection [53A-13-101.3] 53G-10-203(2)(b).
6669          (10) "Noncurricular club" is a student initiated group that may be authorized and
6670     allowed school facilities use during noninstructional time in secondary schools by a school and
6671     school governing board in accordance with the provisions of this part. A noncurricular club's
6672     meetings, ideas, and activities are not sponsored or endorsed in any way by a school governing
6673     board, the school, or by school or school district employees.
6674          (11) "Noninstructional time" means time set aside by a school before instructional time
6675     begins or after instructional time ends, including discretionary time.
6676          (12) "Religious club" means a noncurricular club designated in its application as either
6677     being religiously based or based on expression or conduct mandated by conscience.
6678          (13) "School" means a public school, including a charter school.
6679          (14) (a) "School facilities use" means access to a school facility, premises, or playing
6680     field.
6681          (b) "School facilities use" includes access to a limited open forum.
6682          (15) "School governing board" means a local school board or charter school board.
6683          Section 213. Section 53G-7-702, which is renumbered from Section 53A-11-1203 is
6684     renumbered and amended to read:
6685          [53A-11-1203].      53G-7-702. Student clubs -- Limited open forum --
6686     Authorization.
6687          (1) (a) A school may establish and maintain a limited open forum for student clubs
6688     pursuant to the provisions of this part, State Board of Education rules, and school governing
6689     board policies.
6690          (b) Notwithstanding the provisions under Subsection (1)(a), a school retains the right to
6691     create a closed forum at any time by allowing curricular clubs only.
6692          (2) (a) A school shall review applications for authorization of clubs on a case-by-case

6693     basis.
6694          (b) Before granting an authorization, the school shall find:
6695          (i) that the proposed club meets this part's respective requirements of a curricular club
6696     or a noncurricular club; and
6697          (ii) that the proposed club's purpose and activities comply with this part.
6698          (c) Before granting an authorization, a school may request additional information from
6699     the faculty sponsor, from students proposing the club, or from its school governing board, if
6700     desired.
6701          (3) A school shall grant authorization and school facilities use to curricular and
6702     noncurricular clubs whose applications are found to meet the requirements of this part, rules of
6703     the State Board of Education, and policies of the school governing board and shall limit or
6704     deny authorization or school facilities use to proposed clubs that do not meet the requirements
6705     of this part, rules of the State Board of Education, and policies of the school governing board.
6706          Section 214. Section 53G-7-703, which is renumbered from Section 53A-11-1204 is
6707     renumbered and amended to read:
6708          [53A-11-1204].      53G-7-703. Curricular clubs -- Authorization.
6709          (1) Faculty members or students proposing a curricular club shall submit written
6710     application for authorization on a form approved by the school governing board.
6711          (2) A school governing board may exempt a club whose membership is determined by
6712     student body election or a club that is governed by an association that regulates interscholastic
6713     activities from the authorization requirements under this section.
6714          (3) An application for authorization of a curricular club shall include:
6715          (a) the recommended club name;
6716          (b) a statement of the club's purpose, goals, and activities;
6717          (c) a statement of the club's categorization, which shall be included in the parental
6718     consent required under Section [53A-11-1210] 53G-7-709, indicating all of the following that
6719     may apply:
6720          (i) athletic;
6721          (ii) business/economic;
6722          (iii) agriculture;
6723          (iv) art/music/performance;

6724          (v) science;
6725          (vi) gaming;
6726          (vii) religious;
6727          (viii) community service/social justice; and
6728          (ix) other;
6729          (d) the recommended meeting times, dates, and places;
6730          (e) a statement that the club will comply with the provisions of this part and all other
6731     applicable laws, rules, or policies; and
6732          (f) a budget showing the amount and source of any funding provided or to be provided
6733     to the club and its proposed use.
6734          (4) The application may be as brief as a single page so long as it contains the items
6735     required under this section.
6736          (5) A school shall approve the name of a curricular club consistent with the club's
6737     purposes and its school sponsorship.
6738          (6) (a) A school shall determine curriculum relatedness by strictly applying this part's
6739     definition of curricular club to the club application.
6740          (b) If the school finds that the proposed club is a curricular club, the school shall
6741     continue to review the application as an application for authorization of a curricular club.
6742          (c) If the school finds that the proposed club is a noncurricular club, the school may:
6743          (i) return the application to the faculty member or students proposing the club for
6744     amendment; or
6745          (ii) review the application as an application for authorization of a noncurricular club.
6746          (7) (a) Only curricular clubs may be authorized for elementary schools.
6747          (b) A school governing body may limit, or permit a secondary school to limit, the
6748     authorization of clubs at the secondary school to only curricular clubs.
6749          Section 215. Section 53G-7-704, which is renumbered from Section 53A-11-1205 is
6750     renumbered and amended to read:
6751          [53A-11-1205].      53G-7-704. Noncurricular clubs -- Annual authorization.
6752          (1) A noncurricular club shall have a minimum of three members.
6753          (2) Students proposing a noncurricular club shall submit a written application for
6754     authorization on a form approved by the school governing board.

6755          (3) An application for authorization of a noncurricular club shall include:
6756          (a) the recommended club name;
6757          (b) a statement of the club's purpose, goals, and activities;
6758          (c) a statement of the club's categorization, which shall be included in the parental
6759     consent required under Section [53A-11-1210] 53G-7-709, indicating all of the following that
6760     may apply:
6761          (i) athletic;
6762          (ii) business/economic;
6763          (iii) agriculture;
6764          (iv) art/music/performance;
6765          (v) science;
6766          (vi) gaming;
6767          (vii) religious;
6768          (viii) community service/social justice; and
6769          (ix) other;
6770          (d) the recommended meeting times, dates, and places;
6771          (e) a statement that the club will comply with the provisions of this part and all other
6772     applicable laws, rules, or policies; and
6773          (f) a budget showing the amount and source of any funding provided or to be provided
6774     to the club and its proposed use.
6775          (4) The application may be as brief as a single page so long as it contains the items
6776     required under this section.
6777          (5) (a) A school governing board may provide for approval of a noncurricular club
6778     name in an action separate from that relating to authorization of the club itself.
6779          (b) A school governing board shall require:
6780          (i) that a noncurricular club name shall reasonably reflect the club's purpose, goals, and
6781     activities; and
6782          (ii) that the noncurricular club name shall be a name that would not result in or imply a
6783     violation of this part.
6784          Section 216. Section 53G-7-705, which is renumbered from Section 53A-11-1206 is
6785     renumbered and amended to read:

6786          [53A-11-1206].      53G-7-705. Clubs -- Limitations and denials.
6787          (1) A school shall limit or deny authorization or school facilities use to a club, or
6788     require changes prior to granting authorization or school facilities use:
6789          (a) as the school determines it to be necessary to:
6790          (i) protect the physical, emotional, psychological, or moral well-being of students and
6791     faculty;
6792          (ii) maintain order and discipline on school premises;
6793          (iii) prevent a material and substantial interference with the orderly conduct of a
6794     school's educational activities;
6795          (iv) protect the rights of parents or guardians and students;
6796          (v) maintain the boundaries of socially appropriate behavior; or
6797          (vi) ensure compliance with all applicable laws, rules, regulations, and policies; or
6798          (b) if a club's proposed charter and proposed activities indicate students or advisors in
6799     club related activities would as a substantial, material, or significant part of their conduct or
6800     means of expression:
6801          (i) encourage criminal or delinquent conduct;
6802          (ii) promote bigotry;
6803          (iii) involve human sexuality; or
6804          (iv) involve any effort to engage in or conduct mental health therapy, counseling, or
6805     psychological services for which a license would be required under state law.
6806          (2) A school governing board has the authority to determine whether any club meets
6807     the criteria of Subsection (1).
6808          (3) If a school or school governing board limits or denies authorization to a club, the
6809     school or school governing board shall provide, in writing, to the applicant the factual and legal
6810     basis for the limitation or denial.
6811          (4) A student's spontaneous expression of sentiments or opinions otherwise identified
6812     in Subsection [53A-13-302] 53E-9-203(1) is not prohibited.
6813          Section 217. Section 53G-7-706, which is renumbered from Section 53A-11-1207 is
6814     renumbered and amended to read:
6815          [53A-11-1207].      53G-7-706. Faculty oversight of authorized clubs.
6816          (1) A school shall approve the faculty sponsor, supervisor, or monitor for each

6817     authorized curricular, noncurricular, and religious club to provide oversight consistent with this
6818     part and the needs of the school to ensure that the methods of expression, religious practices, or
6819     other conduct of the students or advisors involved do not:
6820          (a) unreasonably interfere with the ability of school officials to maintain order and
6821     discipline;
6822          (b) unreasonably endanger or threaten the well-being of persons or property;
6823          (c) violate concepts of civility or propriety appropriate to a school setting; or
6824          (d) violate applicable laws, rules, regulations, and policies.
6825          (2) (a) A school shall annually approve faculty members as sponsors of curricular
6826     clubs.
6827          (b) Faculty sponsors shall organize and direct the purpose and activities of a curricular
6828     club.
6829          (3) (a) A school shall approve faculty members to serve as supervisors for authorized
6830     noncurricular clubs.
6831          (b) A faculty supervisor shall provide oversight to ensure compliance with the
6832     approved club purposes, goals, and activities and with the provisions of this part and other
6833     applicable laws, rules, and policies.
6834          (c) The approval of a faculty supervisor or monitor does not constitute school
6835     sponsorship of the club.
6836          (d) A faculty monitor approved for a religious club may not participate in the activities
6837     of the religious club, except to perform the supervisory role required by this section.
6838          (4) Without the prior approval by the school, a person who is not a school faculty
6839     member or a club member may not:
6840          (a) make a presentation to a noncurricular club; or
6841          (b) direct, conduct, control, or regularly attend the meetings of a noncurricular club.
6842          Section 218. Section 53G-7-707, which is renumbered from Section 53A-11-1208 is
6843     renumbered and amended to read:
6844          [53A-11-1208].      53G-7-707. Use of school facilities by clubs.
6845          (1) A school shall determine and assign school facilities use for curricular and
6846     noncurricular clubs consistent with the needs of the school.
6847          (2) The following rules apply to curricular clubs:

6848          (a) in assigning school facilities use, the administrator may give priority to curricular
6849     clubs over noncurricular clubs; and
6850          (b) the school may provide financial or other support to curricular clubs.
6851          (3) The following rules apply to noncurricular clubs:
6852          (a) a preference or priority may not be given among noncurricular clubs;
6853          (b) (i) a school shall only provide the space for noncurricular club meetings; and
6854          (ii) a school may not spend public funds for noncurricular clubs, except as required to
6855     implement the provisions of this part, including providing space and faculty oversight for
6856     noncurricular clubs;
6857          (c) a school shall establish the noninstructional times during which noncurricular clubs
6858     may meet;
6859          (d) a school may establish the places that noncurricular clubs may meet;
6860          (e) a school may set the number of hours noncurricular clubs may use the school's
6861     facilities per month, provided that all noncurricular clubs shall be treated equally; and
6862          (f) a school shall determine what access noncurricular clubs shall be given to the
6863     school newspaper, yearbook, bulletin boards, or public address system, provided that all
6864     noncurricular clubs shall be treated equally.
6865          Section 219. Section 53G-7-708, which is renumbered from Section 53A-11-1209 is
6866     renumbered and amended to read:
6867          [53A-11-1209].      53G-7-708. Club membership.
6868          (1) A school shall require written parental or guardian consent for student participation
6869     in all curricular and noncurricular clubs at the school.
6870          (2) Membership in curricular clubs is governed by the following rules:
6871          (a) (i) membership may be limited to students who are currently attending the
6872     sponsoring school or school district; and
6873          (ii) members who attend a school other than the sponsoring school shall have, in
6874     addition to the consent required under Section [53A-11-1210] 53G-7-709, specific parental or
6875     guardian permission for membership in a curricular club at another school;
6876          (b) (i) curricular clubs may require that prospective members try out based on objective
6877     criteria outlined in the application materials; and
6878          (ii) try-outs may not require activities that violate the provisions of this part and other

6879     applicable laws, rules, and policies; and
6880          (c) other rules as determined by the State Board of Education, school district, or
6881     school.
6882          (3) Membership in noncurricular clubs is governed by the following rules:
6883          (a) student membership in a noncurricular club is voluntary;
6884          (b) membership shall be limited to students who are currently attending the school;
6885          (c) (i) noncurricular clubs may require that prospective members try out based on
6886     objective criteria outlined in the application materials; and
6887          (ii) try-outs may not require activities that violate the provisions of this part and other
6888     applicable laws, rules, and policies;
6889          (d) a copy of any written or other media materials that were presented at a
6890     noncurricular club meeting by a nonschool person shall be delivered to a school administrator
6891     no later than 24 hours after the noncurricular club meeting and, if requested, a student's parent
6892     or legal guardian shall have an opportunity to review those materials; and
6893          (e) other rules as determined by the State Board of Education, school district, or
6894     school.
6895          Section 220. Section 53G-7-709, which is renumbered from Section 53A-11-1210 is
6896     renumbered and amended to read:
6897          [53A-11-1210].      53G-7-709. Parental consent.
6898          (1) A school shall require written parental or guardian consent for student participation
6899     in all curricular and noncurricular clubs at the school.
6900          (2) The consent described in Subsection (1) shall include an activity disclosure
6901     statement containing the following information:
6902          (a) the specific name of the club;
6903          (b) a statement of the club's purpose, goals, and activities;
6904          (c) a statement of the club's categorization, which shall be obtained from the
6905     application for authorization of a club in accordance with the provisions of Section
6906     [53A-11-1204] 53G-7-703 or [53A-11-1205] 53G-7-704, indicating all of the following that
6907     may apply:
6908          (i) athletic;
6909          (ii) business/economic;

6910          (iii) agriculture;
6911          (iv) art/music/performance;
6912          (v) science;
6913          (vi) gaming;
6914          (vii) religious;
6915          (viii) community service/social justice; and
6916          (ix) other;
6917          (d) beginning and ending dates;
6918          (e) a tentative schedule of the club activities with dates, times, and places specified;
6919          (f) personal costs associated with the club, if any;
6920          (g) the name of the sponsor, supervisor, or monitor who is responsible for the club; and
6921          (h) any additional information considered important for the students and parents to
6922     know.
6923          (3) All completed parental consent forms shall be filed by the parent or the club's
6924     sponsor, supervisor, or monitor with the school's principal, the chief administrative officer of a
6925     charter school, or their designee.
6926          Section 221. Section 53G-7-710, which is renumbered from Section 53A-11-1211 is
6927     renumbered and amended to read:
6928          [53A-11-1211].      53G-7-710. Violations -- Investigations -- School responses.
6929          (1) A school shall investigate any report or allegation that an authorized curricular or
6930     noncurricular club is:
6931          (a) participating in activities beyond the scope of its purpose; or
6932          (b) in violation of a provision of this part or another applicable law, rule, regulation, or
6933     policy.
6934          (2) After meeting with the faculty sponsor, faculty supervisor, or faculty monitor, the
6935     students involved, and the person making the report or allegation, if a violation is substantiated,
6936     the school may do any of the following:
6937          (a) allow the club's original statement of its purpose, goals, and activities to be
6938     modified to include the activities if they are in compliance with the provisions of this part and
6939     other applicable laws, rules, regulations, or policies;
6940          (b) instruct the faculty sponsor, supervisor, or monitor not to allow similar violations in

6941     the future;
6942          (c) limit or suspend the club's authorization or school facilities use pending further
6943     corrective action as determined by the school; or
6944          (d) terminate the club's authorization and dissolve the club.
6945          (3) Any limitation on expression, practice, or conduct of any student, advisor, or guest
6946     in a meeting of a curricular or noncurricular club, or limitation on school facilities use, shall be
6947     by the least restrictive means necessary to satisfy the school's interests as identified in this part.
6948          (4) A club that has been terminated in accordance with Subsection (2)(d) may not
6949     reapply for authorization until the following school year.
6950          (5) A student who makes a false allegation or report under this section shall be subject
6951     to school discipline.
6952          Section 222. Section 53G-7-711, which is renumbered from Section 53A-11-1212 is
6953     renumbered and amended to read:
6954          [53A-11-1212].      53G-7-711. Appeals -- Procedures.
6955          (1) (a) A completed application or complaint shall be approved, denied, or investigated
6956     by the school within a reasonable amount of time.
6957          (b) If an application or complaint is denied, written reasons for the denial or results of
6958     the investigation shall be stated and, if appropriate, suggested corrections shall be made to
6959     remedy the deficiency.
6960          (c) A club that is denied school facilities use shall be informed at the time of the denial
6961     of the factual and legal basis for the denial, and, if appropriate, how the basis for the denial
6962     could be corrected.
6963          (2) (a) If denied, suspended, or terminated, a club, student desirous of participating or
6964     speaking, or a complaining parent or guardian, has 10 school days from the date of the denial,
6965     suspension, or termination to file a written appeal from the denial, suspension, or termination
6966     to a designee authorized by the school governing board.
6967          (b) The designee shall issue a determination within a reasonable amount of time from
6968     receipt of the appeal, which decision is final and constitutes satisfaction of all administrative
6969     remedies unless the time for evaluation is extended by agreement of all parties.
6970          (3) A person directly affected by a decision made in accordance with the provisions of
6971     this part may appeal the decision by writing to a person designated by the school governing

6972     board.
6973          Section 223. Section 53G-7-712, which is renumbered from Section 53A-11-1213 is
6974     renumbered and amended to read:
6975          [53A-11-1213].      53G-7-712. Rulemaking -- State Board of Education --
6976     School governing boards.
6977          The State Board of Education may adopt additional rules and school governing boards
6978     may adopt additional rules or policies governing clubs that do not conflict with the provisions
6979     of this part.
6980          Section 224. Section 53G-7-713, which is renumbered from Section 53A-11-1214 is
6981     renumbered and amended to read:
6982          [53A-11-1214].      53G-7-713. Severability.
6983          If any provision of this part or the application of any provision to any person or
6984     circumstance, is held invalid, the remainder of this part shall be given effect without the invalid
6985     provision or application.
6986          Section 225. Section 53G-7-801, which is renumbered from Section 53A-15-1101 is
6987     renumbered and amended to read:
6988     
Part 8. School Uniforms

6989          [53A-15-1101].      53G-7-801. Definitions.
6990          As used in this part:
6991          (1) "Principal" includes the chief administrator of a school that does not have a
6992     principal.
6993          (2) "School" means a public school, including a charter school.
6994          (3) "School official" means the principal of a school or the local school board for a
6995     school district.
6996          (4) "School uniform" means student clothing conforming to a school uniform policy
6997     under this part, which may include a dress code, dress of designated colors, or a reasonable
6998     designated uniform of a particular style. A school uniform policy may not include very
6999     expensive or prescriptive clothing requirements.
7000          Section 226. Section 53G-7-802, which is renumbered from Section 53A-15-1102 is
7001     renumbered and amended to read:
7002          [53A-15-1102].      53G-7-802. Uniforms in schools -- Legislative finding --

7003     Policies.
7004          (1) The Legislature finds that:
7005          (a) each student should be allowed to learn in a safe environment which fosters the
7006     learning process and is free from unnecessary disruptions;
7007          (b) the wearing of certain types of clothing may identify students as members of youth
7008     gangs and contribute to disruptive behavior and violence in the schools;
7009          (c) school uniform policies may be part of an overall program to:
7010          (i) improve school safety and discipline; and
7011          (ii) help avoid the disruption of the classroom atmosphere and decorum and prevent
7012     disturbances among students; and
7013          (d) school uniforms may:
7014          (i) decrease violence and theft among students; and
7015          (ii) foster and promote desirable school operating conditions and a positive educational
7016     environment in accordance with this part.
7017          (2) In accordance with Section [53A-15-1103] 53G-7-803, a school may adopt a school
7018     uniform policy that requires students enrolled at that school to wear a designated school
7019     uniform during the school day.
7020          (3) A school uniform policy shall:
7021          (a) protect students' free exercise of religious beliefs;
7022          (b) specify whether the uniform policy is voluntary or mandatory for students;
7023          (c) specify whether or not the uniform policy has an opt-out provision in addition to the
7024     provisions under Subsection (5); and
7025          (d) include a provision for financial assistance to families who cannot afford to
7026     purchase a required uniform, which may include:
7027          (i) the school providing school uniforms to students;
7028          (ii) the school making used school uniforms available to students; or
7029          (iii) other programs to make school uniforms available to economically disadvantaged
7030     students.
7031          (4) A school uniform policy under this part is not considered a fee for either an
7032     elementary or a secondary school.
7033          (5) A school uniform policy shall include a provision allowing a principal at any time

7034     during the school year to grant an exemption from wearing a school uniform to a student
7035     because of extenuating circumstances.
7036          (6) (a) If a school adopts a school uniform policy under this part, that school's
7037     governing body or local school board shall adopt local appellate procedures for school actions
7038     under this part, including a denial of an exemption requested under Subsection (5).
7039          (b) A person may seek judicial review of an action under this part only after exhausting
7040     the remedies provided under this Subsection (6).
7041          Section 227. Section 53G-7-803, which is renumbered from Section 53A-15-1103 is
7042     renumbered and amended to read:
7043          [53A-15-1103].      53G-7-803. Uniforms in schools -- Policy approval.
7044          (1) The school uniform policy authorized in Section [53A-15-1102] 53G-7-802 may be
7045     adopted:
7046          (a) for a charter school:
7047          (i) by the governing body or administrator of the charter school in accordance with
7048     Subsection (2); or
7049          (ii) by including the school uniform policy in the school's charter approved in
7050     accordance with [Title 53A, Chapter 1a, Part 5, The] Chapter 5, Utah Charter Schools [Act];
7051          (b) for more than one school at the district level by a local school board in accordance
7052     with Subsection (2); or
7053          (c) for a single school at the school level by the principal of the school in accordance
7054     with Subsection (2).
7055          (2) A school uniform policy adopted by an election is subject to the following
7056     requirements:
7057          (a) the adopting authority shall hold a public hearing on the matter prior to formal
7058     adoption of the school uniform policy;
7059          (b) (i) the adopting authority shall hold an election for approval of a school uniform
7060     policy prior to its adoption and shall receive an affirmative vote from a majority of those voting
7061     at the election; and
7062          (ii) only parents and guardians of students subject to the proposed school uniform
7063     policy may vote at the election, limited to one vote per family.
7064          (3) (a) A local school board or principal is required to hold an election to consider

7065     adoption of a school uniform policy for an entire school district or an individual school if
7066     initiative petitions are presented as follows:
7067          (i) for a school district, a petition signed by a parent or guardian of 20% of the district's
7068     students presented to the local school board; and
7069          (ii) for an individual school, a petition signed by a parent or guardian of 20% of the
7070     school's students presented to the principal.
7071          (b) The public hearing and election procedures required in Subsection (2) apply to
7072     Subsection (3).
7073          (4) (a) The procedures set forth in Subsections (3) and (4) shall apply to the
7074     discontinuance or modification of a school uniform policy adopted under this section.
7075          (b) A vote to discontinue an adopted school uniform policy may not take place during
7076     the first year of its operation.
7077          (5) The adopting authority shall establish the manner and time of an election required
7078     under this section.
7079          Section 228. Section 53G-7-901, which is renumbered from Section 53A-29-101 is
7080     renumbered and amended to read:
7081     
Part 9. Internships

7082          [53A-29-101].      53G-7-901. Definitions.
7083          As used in this [chapter] part:
7084          (1) "Cooperating employer" means a public or private entity which, as part of a work
7085     experience and career exploration program offered through a school, provides interns with
7086     training and work experience in activities related to the entity's ongoing business activities.
7087          (2) "Intern" means a student enrolled in a school-sponsored work experience and career
7088     exploration program under Section [53A-29-102] 53G-7-902 involving both classroom
7089     instruction and work experience with a cooperating employer, for which the student receives no
7090     compensation.
7091          (3) "Internship" means the work experience segment of an intern's school-sponsored
7092     work experience and career exploration program, performed under the direct supervision of a
7093     cooperating employer.
7094          (4) "Private school" means a school serving any of grades 7 through 12 which is not
7095     part of the public education system.

7096          (5) "Public school" means:
7097          (a) a public school district;
7098          (b) an applied technology center or applied technology service region;
7099          (c) the Schools for the Deaf and the Blind; or
7100          (d) other components of the public education system authorized by the State Board of
7101     Education to offer internships.
7102          Section 229. Section 53G-7-902, which is renumbered from Section 53A-29-102 is
7103     renumbered and amended to read:
7104          [53A-29-102].      53G-7-902. Public or private school internships.
7105          A public or private school may offer internships in connection with work experience
7106     and career exploration programs operated in accordance with the rules of the State Board of
7107     Education.
7108          Section 230. Section 53G-7-903, which is renumbered from Section 53A-29-103 is
7109     renumbered and amended to read:
7110          [53A-29-103].      53G-7-903. Interns -- Workers' compensation medical
7111     benefits.
7112          (1) An intern participating in an internship under Section [53A-29-102] 53G-7-902 is
7113     considered to be a volunteer government worker of the sponsoring public school, or an
7114     employee of the sponsoring private school, solely for purposes of receiving workers'
7115     compensation medical benefits.
7116          (2) Receipt of medical benefits under Subsection (1) shall be the exclusive remedy
7117     against the school and the cooperating employer for all injuries and occupational diseases as
7118     provided under Title 34A, Chapters 2, Workers' Compensation Act, and Chapter 3, Utah
7119     Occupational Disease Act.
7120          Section 231. Section 53G-7-904, which is renumbered from Section 53A-29-104 is
7121     renumbered and amended to read:
7122          [53A-29-104].      53G-7-904. Internship programs -- Criminal background
7123     checks.
7124          Officers and employees of a cooperating employer who will be given significant
7125     unsupervised access to a student in connection with the student's activities as an intern shall be
7126     considered to be a volunteer for purposes of criminal background checks under Section

7127     [53A-15-1503] 53G-11-402.
7128          Section 232. Section 53G-7-905, which is renumbered from Section 53A-29-105 is
7129     renumbered and amended to read:
7130          [53A-29-105].      53G-7-905. Recognition of participation in internship
7131     program.
7132          A cooperating employer may be given appropriate recognition by a school, including
7133     the posting of the employer's name and a short description of the employer's business in an
7134     appropriate location on school property, or publication of that information in official
7135     publications of the school or school district.
7136          Section 233. Section 53G-7-1001 is enacted to read:
7137     
Part 10. Internet Policy

7138          53G-7-1001. Definitions.
7139          Reserved
7140          Section 234. Section 53G-7-1002, which is renumbered from Section 53A-3-422 is
7141     renumbered and amended to read:
7142          [53A-3-422].      53G-7-1002. Internet and online access policy required.
7143          State funds may not be provided to any local school board that provides access to the
7144     Internet or an online service unless the local school board adopts and enforces a policy to
7145     restrict access to Internet or online sites that contain obscene material.
7146          Section 235. Section 53G-7-1003, which is renumbered from Section 53A-3-423 is
7147     renumbered and amended to read:
7148          [53A-3-423].      53G-7-1003. Process and content standards for policy.
7149          (1) "Policy" as used in this section means the elementary and secondary school online
7150     access policy adopted by a local school board to meet the requirements of Section [53A-3-422]
7151     53G-7-1002.
7152          (2) (a) Each policy shall be developed under the direction of the local school board,
7153     adopted in an open meeting, and have an effective date. The local school board shall review
7154     the policy at least every three years, and a footnote shall be added to the policy indicating the
7155     effective date of the last review.
7156          (b) Notice of the availability of the policy shall be posted in a conspicuous place within
7157     each school. The local school board may issue any other public notice it considers appropriate.

7158          (3) The policy shall:
7159          (a) state that it restricts access to Internet or online sites that contain obscene material
7160     and shall state how the local school board intends to meet the requirements of Section
7161     [53A-3-422] 53G-7-1002;
7162          (b) inform the public that administrative procedures and guidelines for the staff to
7163     follow in enforcing the policy have been adopted and are available for review at the school; and
7164          (c) inform the public that procedures to handle complaints about the policy, its
7165     enforcement, or about observed behavior have been adopted and are available for review at the
7166     school.
7167          Section 236. Section 53G-7-1004, which is renumbered from Section 53A-3-424 is
7168     renumbered and amended to read:
7169          [53A-3-424].      53G-7-1004. Rulemaking -- Reporting.
7170          The State Board of Education may make rules in accordance with Title 63G, Chapter 3,
7171     Utah Administrative Rulemaking Act, regarding compliance standards and reporting
7172     requirements for local school boards with respect to the policy required by Section
7173     [53A-3-422] 53G-7-1002.
7174          Section 237. Section 53G-7-1101, which is renumbered from Section 53A-1-1601 is
7175     renumbered and amended to read:
7176     
Part 11. Public School Membership in Associations

7177          [53A-1-1601].      53G-7-1101. Definitions.
7178          As used in this part:
7179          (1) "Alignment" or "realignment" means the initial or subsequent act, respectively, of
7180     assigning a public school a classification or region.
7181          (2) "Appeals panel" means the appeals panel created in Section [53A-1-1606]
7182     53G-7-1106.
7183          (3) (a) "Association" means an organization that governs or regulates a student's
7184     participation in an athletic interscholastic activity.
7185          (b) "Association" does not include an institution of higher education described in
7186     Section 53B-1-102.
7187          (4) "Classification" means the designation of a school based on the size of the school's
7188     student enrollment population for purposes of interscholastic activities.

7189          (5) "Eligibility" means eligibility to participate in an interscholastic activity regulated
7190     or governed by an association.
7191          (6) "Governing body" means a body within an association that:
7192          (a) is responsible for:
7193          (i) adopting rules or policies that govern interscholastic activities or the administration
7194     of the association;
7195          (ii) adopting or amending the association's governing document or bylaws;
7196          (iii) enforcing the rules and policies of the association; and
7197          (iv) adopting the association's budget; and
7198          (b) has oversight of other boards, committees, councils, or bodies within the
7199     association.
7200          (7) "Interscholastic activity" means an activity within the state in which:
7201          (a) a student that participates represents the student's school in the activity; and
7202          (b) the participating student is enrolled in grade 9, 10, 11, or 12.
7203          (8) "Public hearing" means a hearing at which members of the public are provided a
7204     reasonable opportunity to comment on the subject of the hearing.
7205          (9) "Region" means a grouping of schools of the same classification for purposes of
7206     interscholastic activities.
7207          Section 238. Section 53G-7-1102, which is renumbered from Section 53A-1-1602 is
7208     renumbered and amended to read:
7209          [53A-1-1602].      53G-7-1102. Public schools prohibited from membership.
7210          (1) A public school may not be a member of or pay dues to an association that is not in
7211     compliance on or after July 1, 2017, with:
7212          (a) this part;
7213          (b) Title 52, Chapter 4, Open and Public Meetings Act;
7214          (c) Title 63G, Chapter 2, Government Records Access and Management Act; and
7215          (d) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
7216          (2) Unless otherwise specified, an association's compliance with or an association
7217     employee or officer's compliance with the provisions described in Subsection (1) does not alter:
7218          (a) the association's public or private status; or
7219          (b) the public or private employment status of the employee or officer.

7220          Section 239. Section 53G-7-1103, which is renumbered from Section 53A-1-1603 is
7221     renumbered and amended to read:
7222          [53A-1-1603].      53G-7-1103. Governing body membership.
7223          (1) (a) A governing body shall have 15 members as follows:
7224          (i) six members who:
7225          (A) are each an elected member of a local school board; and
7226          (B) each represent a different classification;
7227          (ii) (A) one school superintendent representing the two largest classifications;
7228          (B) one school superintendent representing the two classifications that are next in
7229     diminishing size to the smaller of the two classifications described in Subsection (1)(a)(ii)(A);
7230     and
7231          (C) one school superintendent representing the two classifications that are next in
7232     diminishing size to the smaller of the two classifications described in Subsection (1)(a)(ii)(B);
7233          (iii) (A) one school principal representing the two largest classifications;
7234          (B) one school principal representing the two classifications that are next in
7235     diminishing size to the smaller of the two classifications described in Subsection (1)(a)(iii)(A);
7236     and
7237          (C) one school principal representing the two classifications that are next in
7238     diminishing size to the smaller of the two classifications described in Subsection (1)(a)(iii)(B);
7239          (iv) one representative of charter schools;
7240          (v) one representative of private schools, if private schools are members of or regulated
7241     by the association; and
7242          (vi) one member representing the State Board of Education.
7243          (b) Only a member respectively described in Subsection (1)(a)(iv) or (v) may be
7244     elected or appointed by or represent charter or private schools on the governing body.
7245          (2) (a) A member described in Subsection (1)(a)(i), (ii), (iii), or (v) may be elected,
7246     appointed, or otherwise selected in accordance with association rule or policy to the extent the
7247     selection reflects the membership requirements in Subsection (1)(a)(i), (ii), (iii), or (v).
7248          (b) A governing body member described in Subsection (1)(a)(vi) shall be the chair of
7249     the State Board of Education or the chair's designee if the designee is an elected member of the
7250     State Board of Education.

7251          Section 240. Section 53G-7-1104, which is renumbered from Section 53A-1-1604 is
7252     renumbered and amended to read:
7253          [53A-1-1604].      53G-7-1104. Reporting requirements.
7254          An association shall provide a verbal report, accompanied by a written report, annually
7255     to the State Board of Education, including:
7256          (1) the association's annual budget in accordance with Section [53A-1-1605]
7257     53G-7-1105;
7258          (2) a schedule of events scheduled or facilitated by the association;
7259          (3) procedures for alignment or realignment;
7260          (4) any amendments or changes to the association's governing document or bylaws; and
7261          (5) any other information requested by the State Board of Education.
7262          Section 241. Section 53G-7-1105, which is renumbered from Section 53A-1-1605 is
7263     renumbered and amended to read:
7264          [53A-1-1605].      53G-7-1105. Association budgets.
7265          (1) An association shall:
7266          (a) adopt a budget in accordance with this section; and
7267          (b) use uniform budgeting, accounting, and auditing procedures and forms, which shall
7268     be in accordance with generally accepted accounting principles or auditing standards.
7269          (2) An association budget officer or executive director shall annually prepare a
7270     tentative budget, with supporting documentation, to be submitted to the governing body.
7271          (3) The tentative budget and supporting documents shall include the following items:
7272          (a) the revenues and expenditures of the preceding fiscal year;
7273          (b) the estimated revenues and expenditures of the current fiscal year;
7274          (c) a detailed estimate of the essential expenditures for all purposes for the next
7275     succeeding fiscal year; and
7276          (d) the estimated financial condition of the association by funds at the close of the
7277     current fiscal year.
7278          (4) The tentative budget shall be filed with the governing body 15 days, or earlier,
7279     before the date of the tentative budget's proposed adoption by the governing body.
7280          (5) The governing body shall adopt a budget.
7281          (6) Before the adoption or amendment of a budget, the governing body shall hold a

7282     public hearing on the proposed budget or budget amendment.
7283          (7) (a) In addition to complying with Title 52, Chapter 4, Open and Public Meetings
7284     Act, in regards to the public hearing described in Subsection (6), at least 10 days before the
7285     public hearing, a governing body shall:
7286          (i) publish a notice of the public hearing electronically in accordance with Section
7287     63F-1-701; and
7288          (ii) post the proposed budget on the association's Internet website.
7289          (b) A notice of a public hearing on an association's proposed budget shall include
7290     information on how the public may access the proposed budget as provided in Subsection
7291     (7)(a).
7292          (8) No later than September 30 of each year, the governing body shall file a copy of the
7293     adopted budget with the state auditor and the State Board of Education.
7294          Section 242. Section 53G-7-1106, which is renumbered from Section 53A-1-1606 is
7295     renumbered and amended to read:
7296          [53A-1-1606].      53G-7-1106. Procedures for disputes -- Appeals -- Appeals
7297     panel -- Compensation.
7298          (1) (a) An association shall establish a uniform procedure for hearing and deciding:
7299          (i) disputes;
7300          (ii) allegations of violations of the association's rules or policies;
7301          (iii) requests to establish eligibility after a student transfers schools; and
7302          (iv) disputes related to alignment or realignment.
7303          (b) An individual may appeal to an appeals panel established in this section an
7304     association decision regarding a request to establish eligibility after a student transfers schools.
7305          (2) (a) There is established an appeals panel for an association decision described in
7306     Subsection (1)(b).
7307          (b) The appeals panel shall consist of the following three members:
7308          (i) a judge or attorney who is not employed by, or contracts with, a school;
7309          (ii) a retired educator, principal, or superintendent; and
7310          (iii) a retired athletic director or coach.
7311          (c) A review and decision by the appeals panel is limited to whether the association
7312     properly followed the association's rules and procedures in regard to a decision described in

7313     Subsection (1)(b).
7314          (d) (i) An association shall adopt policies for filing an appeal with the appeals panel.
7315          (ii) The appeals panel shall review an appeal and issue a written decision explaining
7316     the appeals panel's decision no later than 10 business days after an appeal is filed.
7317          (e) The appeals panel's decision is final.
7318          (3) (a) The State Board of Education shall appoint the members of the appeals panel
7319     described in Subsection (2):
7320          (i) from the association's nominations described in Subsection (3)(b); and
7321          (ii) in accordance with the State Board of Education's appointment process.
7322          (b) (i) The association shall nominate up to three individuals for each position
7323     described in Subsection (2) for the State Board of Education's consideration.
7324          (ii) If the State Board of Education refuses to appoint members to the panel who were
7325     nominated by the association as described in Subsection (3)(b)(i), the State Board of Education
7326     shall request additional nominations from the association.
7327          (iii) No later than 45 days after the association provides the nominations, the State
7328     Board of Education shall appoint to the appeals panel an individual from the names provided
7329     by the association.
7330          (c) For the initial membership, the State Board of Education shall appoint two of the
7331     positions having an initial term of three years and one position having an initial term of two
7332     years.
7333          (d) Except as required by Subsection (3)(e), as terms of appeals panel members expire,
7334     the State Board of Education shall appoint each new member or reappointed member to a
7335     two-year term.
7336          (e) When a vacancy occurs in the membership for any reason, the replacement shall be
7337     appointed for the unexpired term.
7338          (4) The State Board of Education shall reimburse an association for per diem and travel
7339     expenses of members of the appeals panel.
7340          Section 243. Section 53G-7-1201 is enacted to read:
7341     
Part 12. School Community Councils and Charter Trust Land Councils

7342          53G-7-1201. Definitions.
7343          Reserved

7344          Section 244. Section 53G-7-1202, which is renumbered from Section 53A-1a-108 is
7345     renumbered and amended to read:
7346          [53A-1a-108].      53G-7-1202. School community councils -- Duties --
7347     Composition -- Election procedures and selection of members.
7348          (1) As used in this section:
7349          (a) "Digital citizenship" means the norms of appropriate, responsible, and healthy
7350     behavior related to technology use, including digital literacy, ethics, etiquette, and security.
7351          (b) "District school" means a public school under the control of a local school board
7352     elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
7353     Boards.
7354          (c) "Educator" means the same as that term is defined in Section [53A-6-103]
7355     53E-6-102.
7356          (d) (i) "Parent or guardian member" means a member of a school community council
7357     who is a parent or guardian of a student who:
7358          (A) is attending the school; or
7359          (B) will be enrolled at the school during the parent's or guardian's term of office.
7360          (ii) "Parent or guardian member" may not include an educator who is employed at the
7361     school.
7362          (e) "School community council" means a council established at a district school in
7363     accordance with this section.
7364          (f) "School employee member" means a member of a school community council who is
7365     a person employed at the school by the school or school district, including the principal.
7366          (g) "School LAND Trust Program money" means money allocated to a school pursuant
7367     to Section [53A-16-101.5] 53F-2-404.
7368          (2) A district school, in consultation with the district school's local school board, shall
7369     establish a school community council at the school building level for the purpose of:
7370          (a) involving parents or guardians of students in decision making at the school level;
7371          (b) improving the education of students;
7372          (c) prudently expending School LAND Trust Program money for the improvement of
7373     students' education through collaboration among parents and guardians, school employees, and
7374     the local school board; and

7375          (d) increasing public awareness of:
7376          (i) school trust lands and related land policies;
7377          (ii) management of the State School Fund established in Utah Constitution Article X,
7378     Section V; and
7379          (iii) educational excellence.
7380          (3) (a) Except as provided in Subsection (3)(b), a school community council shall:
7381          (i) create a school improvement plan in accordance with Section [53A-1a-108.5]
7382     53G-7-1204;
7383          (ii) create the School LAND Trust Program in accordance with Section [53A-16-101.5]
7384     53F-2-404;
7385          (iii) advise and make recommendations to school and school district administrators and
7386     the local school board regarding:
7387          (A) the school and its programs;
7388          (B) school district programs;
7389          (C) a child access routing plan in accordance with Section [53A-3-402] 53G-4-402;
7390          (D) safe technology utilization and digital citizenship; and
7391          (E) other issues relating to the community environment for students;
7392          (iv) provide for education and awareness on safe technology utilization and digital
7393     citizenship that empowers:
7394          (A) a student to make smart media and online choices; and
7395          (B) a parent or guardian to know how to discuss safe technology use with the parent's
7396     or guardian's child; and
7397          (v) partner with the school's principal and other administrators to ensure that adequate
7398     on and off campus Internet filtering is installed and consistently configured to prevent viewing
7399     of harmful content by students and school personnel, in accordance with local school board
7400     policy and Subsection [53A-1-706] 53G-7-216(3).
7401          (b) To fulfill the school community council's duties described in Subsections (3)(a)(iv)
7402     and (v), a school community council may:
7403          (i) partner with one or more non-profit organizations; or
7404          (ii) create a subcommittee.
7405          (c) A school or school district administrator may not prohibit or discourage a school

7406     community council from discussing issues, or offering advice or recommendations, regarding
7407     the school and its programs, school district programs, the curriculum, or the community
7408     environment for students.
7409          (4) (a) Each school community council shall consist of school employee members and
7410     parent or guardian members in accordance with this section.
7411          (b) Except as provided in Subsection (4)(c) or (d):
7412          (i) each school community council for a high school shall have six parent or guardian
7413     members and four school employee members, including the principal; and
7414          (ii) each school community council for a school other than a high school shall have
7415     four parent or guardian members and two school employee members, including the principal.
7416          (c) A school community council may determine the size of the school community
7417     council by a majority vote of a quorum of the school community council provided that:
7418          (i) the membership includes two or more parent or guardian members than the number
7419     of school employee members; and
7420          (ii) there are at least two school employee members on the school community council.
7421          (d) (i) The number of parent or guardian members of a school community council who
7422     are not educators employed by the school district shall exceed the number of parent or guardian
7423     members who are educators employed by the school district.
7424          (ii) If, after an election, the number of parent or guardian members who are not
7425     educators employed by the school district does not exceed the number of parent or guardian
7426     members who are educators employed by the school district, the parent or guardian members of
7427     the school community council shall appoint one or more parent or guardian members to the
7428     school community council so that the number of parent or guardian members who are not
7429     educators employed by the school district exceeds the number of parent or guardian members
7430     who are educators employed by the school district.
7431          (5) (a) Except as provided in Subsection (5)(f), a school employee member, other than
7432     the principal, shall be elected by secret ballot by a majority vote of the school employees and
7433     serve a two-year term. The principal shall serve as an ex officio member with full voting
7434     privileges.
7435          (b) (i) Except as provided in Subsection (5)(f), a parent or guardian member shall be
7436     elected by secret ballot at an election held at the school by a majority vote of those voting at the

7437     election and serve a two-year term.
7438          (ii) (A) Except as provided in Subsection (5)(b)(ii)(B), only a parent or guardian of a
7439     student attending the school may vote in, or run as a candidate in, the election under Subsection
7440     (5)(b)(i).
7441          (B) If an election is held in the spring, a parent or guardian of a student who will be
7442     attending the school the following school year may vote in, and run as a candidate in, the
7443     election under Subsection (5)(b)(i).
7444          (iii) Any parent or guardian of a student who meets the qualifications of this section
7445     may file or declare the parent's or guardian's candidacy for election to a school community
7446     council.
7447          (iv) (A) Subject to Subsections (5)(b)(iv)(B) and (5)(b)(iv)(C), a timeline for the
7448     election of parent or guardian members of a school community council shall be established by
7449     a local school board for the schools within the school district.
7450          (B) An election for the parent or guardian members of a school community council
7451     shall be held near the beginning of the school year or held in the spring and completed before
7452     the last week of school.
7453          (C) Each school shall establish a time period for the election of parent or guardian
7454     members of a school community council under Subsection (5)(b)(iv)(B) that is consistent for at
7455     least a four-year period.
7456          (c) (i) At least 10 days before the date that voting commences for the elections held
7457     under Subsections (5)(a) and (5)(b), the principal of the school, or the principal's designee,
7458     shall provide notice to each school employee, parent, or guardian, of the opportunity to vote in,
7459     and run as a candidate in, an election under this Subsection (5).
7460          (ii) The notice shall include:
7461          (A) the dates and times of the elections;
7462          (B) a list of council positions that are up for election; and
7463          (C) instructions for becoming a candidate for a community council position.
7464          (iii) The principal of the school, or the principal's designee, shall oversee the elections
7465     held under Subsections (5)(a) and (5)(b).
7466          (iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a
7467     secure ballot box.

7468          (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
7469     available to the public upon request.
7470          (e) (i) If a parent or guardian position on a school community council remains unfilled
7471     after an election is held, the other parent or guardian members of the council shall appoint a
7472     parent or guardian who meets the qualifications of this section to fill the position.
7473          (ii) If a school employee position on a school community council remains unfilled after
7474     an election is held, the other school employee members of the council shall appoint a school
7475     employee to fill the position.
7476          (iii) A member appointed to a school community council under Subsection (5)(e)(i) or
7477     (ii) shall serve a two-year term.
7478          (f) (i) If the number of candidates who file for a parent or guardian position or school
7479     employee position on a school community council is less than or equal to the number of open
7480     positions, an election is not required.
7481          (ii) If an election is not held pursuant to Subsection (5)(f)(i) and a parent or guardian
7482     position remains unfilled, the other parent or guardian members of the council shall appoint a
7483     parent or guardian who meets the qualifications of this section to fill the position.
7484          (iii) If an election is not held pursuant to Subsection (5)(f)(i) and a school employee
7485     position remains unfilled, the other school employee members of the council shall appoint a
7486     school employee who meets the qualifications of this section to fill the position.
7487          (g) The principal shall enter the names of the council members on the School LAND
7488     Trust website on or before October 20 of each year, pursuant to Section [53A-1a-108.1]
7489     53G-7-1203.
7490          (h) Terms shall be staggered so that approximately half of the council members stand
7491     for election each year.
7492          (i) A school community council member may serve successive terms provided the
7493     member continues to meet the definition of a parent or guardian member or school employee
7494     member as specified in Subsection (1).
7495          (j) Each school community council shall elect:
7496          (i) a chair from its parent or guardian members; and
7497          (ii) a vice chair from either its parent or guardian members or school employee
7498     members, excluding the principal.

7499          (6) (a) A school community council may create subcommittees or task forces to:
7500          (i) advise or make recommendations to the council; or
7501          (ii) develop all or part of a plan listed in Subsection (3).
7502          (b) Any plan or part of a plan developed by a subcommittee or task force shall be
7503     subject to the approval of the school community council.
7504          (c) A school community council may appoint individuals who are not council members
7505     to serve on a subcommittee or task force, including parents or guardians, school employees, or
7506     other community members.
7507          (7) (a) A majority of the members of a school community council is a quorum for the
7508     transaction of business.
7509          (b) The action of a majority of the members of a quorum is the action of the school
7510     community council.
7511          (8) A local school board shall provide training for a school community council each
7512     year, including training:
7513          (a) for the chair and vice chair about their responsibilities;
7514          (b) on resources available on the School LAND Trust website; and
7515          (c) on the following statutes governing school community councils:
7516          (i) Section [53A-1a-108] 53G-7-1202;
7517          (ii) Section [53A-1a-108.1] 53G-7-1203;
7518          (iii) Section [53A-1a-108.5] 53G-7-1204; and
7519          (iv) Section [53A-16-101.5] 53F-2-404.
7520          Section 245. Section 53G-7-1203, which is renumbered from Section 53A-1a-108.1 is
7521     renumbered and amended to read:
7522          [53A-1a-108.1].      53G-7-1203. School community councils -- Open and public
7523     meeting requirements.
7524          (1) As used in this section:
7525          (a) (i) "Charter trust land council" means a council established by a charter school
7526     governing board under Section [53A-16-101.5] 53F-2-404.
7527          (ii) "Charter trust land council" does not include a charter school governing board
7528     acting as a charter trust land council.
7529          (b) "School community council" means a council established at a school within a

7530     school district under Section [53A-1a-108] 53G-7-1202.
7531          (c) "Council" means a school community council or a charter trust land council.
7532          (2) A school community council or a charter trust land council:
7533          (a) shall conduct deliberations and take action openly as provided in this section; and
7534          (b) is exempt from Title 52, Chapter 4, Open and Public Meetings Act.
7535          (3) (a) As required by Section [53A-1a-108] 53G-7-1202, a local school board shall
7536     provide training for the members of a school community council on this section.
7537          (b) A charter school governing board shall provide training for the members of a
7538     charter trust land council on this section.
7539          (4) (a) A meeting of a council is open to the public.
7540          (b) A council may not close any portion of a meeting.
7541          (5) A council shall, at least one week prior to a meeting, post the following information
7542     on the school's website:
7543          (a) a notice of the meeting, time, and place;
7544          (b) an agenda for the meeting; and
7545          (c) the minutes of the previous meeting.
7546          (6) (a) On or before October 20, a principal shall post the following information on the
7547     school website and in the school office:
7548          (i) the proposed council meeting schedule for the year;
7549          (ii) a telephone number or email address, or both, where each council member can be
7550     reached directly; and
7551          (iii) a summary of the annual report required under Section [53A-16-101.5] 53F-2-404
7552     on how the school's School LAND Trust Program money was used to enhance or improve
7553     academic excellence at the school and implement a component of the school's improvement
7554     plan.
7555          (b) (i) A council shall identify and use methods of providing the information listed in
7556     Subsection (6)(a) to a parent or guardian who does not have Internet access.
7557          (ii) Money allocated to a school under the School LAND Trust Program created in
7558     Section [53A-16-101.5] 53F-2-404 may not be used to provide information as required by
7559     Subsection (6)(b)(i).
7560          (7) (a) The notice requirement of Subsection (5) may be disregarded if:

7561          (i) because of unforeseen circumstances it is necessary for a council to hold an
7562     emergency meeting to consider matters of an emergency or urgent nature; and
7563          (ii) the council gives the best notice practicable of:
7564          (A) the time and place of the emergency meeting; and
7565          (B) the topics to be considered at the emergency meeting.
7566          (b) An emergency meeting of a council may not be held unless:
7567          (i) an attempt has been made to notify all the members of the council; and
7568          (ii) a majority of the members of the council approve the meeting.
7569          (8) (a) An agenda required under Subsection (5)(b) shall provide reasonable specificity
7570     to notify the public as to the topics to be considered at the meeting.
7571          (b) Each topic described in Subsection (8)(a) shall be listed under an agenda item on
7572     the meeting agenda.
7573          (c) A council may not take final action on a topic in a meeting unless the topic is:
7574          (i) listed under an agenda item as required by Subsection (8)(b); and
7575          (ii) included with the advance public notice required by Subsection (5).
7576          (9) (a) Written minutes shall be kept of a council meeting.
7577          (b) Written minutes of a council meeting shall include:
7578          (i) the date, time, and place of the meeting;
7579          (ii) the names of members present and absent;
7580          (iii) a brief statement of the matters proposed, discussed, or decided;
7581          (iv) a record, by individual member, of each vote taken;
7582          (v) the name of each person who:
7583          (A) is not a member of the council; and
7584          (B) after being recognized by the chair, provided testimony or comments to the
7585     council;
7586          (vi) the substance, in brief, of the testimony or comments provided by the public under
7587     Subsection (9)(b)(v); and
7588          (vii) any other information that is a record of the proceedings of the meeting that any
7589     member requests be entered in the minutes.
7590          (c) The written minutes of a council meeting:
7591          (i) are a public record under Title 63G, Chapter 2, Government Records Access and

7592     Management Act; and
7593          (ii) shall be retained for three years.
7594          (10) (a) As used in this Subsection (10), "rules of order and procedure" means a set of
7595     rules that govern and prescribe in a public meeting:
7596          (i) parliamentary order and procedure;
7597          (ii) ethical behavior; and
7598          (iii) civil discourse.
7599          (b) A council shall:
7600          (i) adopt rules of order and procedure to govern a public meeting of the council;
7601          (ii) conduct a public meeting in accordance with the rules of order and procedure
7602     described in Subsection (10)(b)(i); and
7603          (iii) make the rules of order and procedure described in Subsection (10)(b)(i) available
7604     to the public:
7605          (A) at each public meeting of the council; and
7606          (B) on the school's website.
7607          Section 246. Section 53G-7-1204, which is renumbered from Section 53A-1a-108.5 is
7608     renumbered and amended to read:
7609          [53A-1a-108.5].      53G-7-1204. School improvement plan.
7610          (1) (a) A school community council established under Section [53A-1a-108]
7611     53G-7-1202 shall annually evaluate, with the school's principal, the school's statewide
7612     achievement test results, reading achievement plan, class size reduction needs, and technology
7613     needs, and use the evaluations in developing a school improvement plan to improve teaching
7614     and learning conditions.
7615          (b) In evaluating statewide achievement test results and developing a school
7616     improvement plan, a school community council may not have access to data that reveal the
7617     identity of students.
7618          (2) A school community council shall develop a school improvement plan that:
7619          (a) identifies the school's most critical academic needs;
7620          (b) recommends a course of action to meet the identified needs;
7621          (c) lists any programs, practices, materials, or equipment that the school will need to
7622     implement its action plan to have a direct impact on the instruction of students and result in

7623     measurable increased student performance;
7624          (d) describes how the school intends to enhance or improve academic achievement,
7625     including how financial resources available to the school, such as School LAND Trust Program
7626     money received under Section [53A-16-101.5] 53F-2-404 and state and federal grants, will be
7627     used to enhance or improve academic achievement; and
7628          (e) if the school community council represents a school that educates students in
7629     kindergarten, grade 1, grade 2, or grade 3, includes a reading achievement plan as described in
7630     Section [53A-1-606.5] 53E-4-306.
7631          (3) Although a school improvement plan focuses on the school's most critical academic
7632     needs, the school improvement plan may include other actions to enhance or improve academic
7633     achievement and the community environment for students.
7634          (4) The school principal shall make available to the school community council the
7635     school budget and other data needed to develop the school improvement plan.
7636          (5) The school improvement plan is subject to the approval of the local school board of
7637     the school district in which the school is located.
7638          (6) A school community council may develop a multiyear school improvement plan,
7639     but the multiyear school improvement plan must be presented to and approved annually by the
7640     local school board.
7641          (7) Each school shall:
7642          (a) implement the school improvement plan as developed by the school community
7643     council and approved by the local school board;
7644          (b) provide ongoing support for the council's school improvement plan; and
7645          (c) meet local school board reporting requirements regarding performance and
7646     accountability.
7647          (8) The school community council of a low performing school, as defined in Section
7648     [53A-1-1202] 53E-5-301, shall develop a school improvement plan that is consistent with the
7649     school turnaround plan developed by the school turnaround committee under [Chapter 1, Part
7650     12] Title 53E, Chapter 5, Part 3, School Turnaround and Leadership Development [Act].
7651          Section 247. Section 53G-8-101 is enacted to read:
7652     
CHAPTER 8. DISCIPLINE AND SAFETY

7653     
Part 1. General Provisions


7654          53G-8-101. Title.
7655          This chapter is known as "Discipline and Safety."
7656          Section 248. Section 53G-8-102 is enacted to read:
7657          53G-8-102. Definitions.
7658          Reserved
7659          Section 249. Section 53G-8-201 is enacted to read:
7660     
Part 2. School Discipline and Conduct Plans

7661          53G-8-201. Definitions.
7662          Reserved
7663          Section 250. Section 53G-8-202, which is renumbered from Section 53A-11-901 is
7664     renumbered and amended to read:
7665          [53A-11-901].      53G-8-202. Public school discipline policies -- Basis of the
7666     policies -- Enforcement.
7667          (1) The Legislature recognizes that every student in the public schools should have the
7668     opportunity to learn in an environment which is safe, conducive to the learning process, and
7669     free from unnecessary disruption.
7670          (2) (a) To foster such an environment, each local school board or governing board of a
7671     charter school, with input from school employees, parents and guardians of students, students,
7672     and the community at large, shall adopt conduct and discipline policies for the public schools
7673     in accordance with Section [53A-11-911] 53G-8-211.
7674          (b) A district or charter school shall base its policies on the principle that every student
7675     is expected:
7676          (i) to follow accepted rules of conduct; and
7677          (ii) to show respect for other people and to obey persons in authority at the school.
7678          (c) (i) On or before September 1, 2015, the State Board of Education shall revise the
7679     conduct and discipline policy models for elementary and secondary public schools to include
7680     procedures for responding to reports received through the School Safety and Crisis Line under
7681     Subsection [53A-11-1503] 53E-10-502(3).
7682          (ii) Each district or charter school shall use the models, where appropriate, in
7683     developing its conduct and discipline policies under this chapter.
7684          (d) The policies shall emphasize that certain behavior, most particularly behavior

7685     which disrupts, is unacceptable and may result in disciplinary action.
7686          (3) The local superintendent and designated employees of the district or charter school
7687     shall enforce the policies so that students demonstrating unacceptable behavior and their
7688     parents or guardians understand that such behavior will not be tolerated and will be dealt with
7689     in accordance with the district's conduct and discipline policies.
7690          Section 251. Section 53G-8-203, which is renumbered from Section 53A-11-902 is
7691     renumbered and amended to read:
7692          [53A-11-902].      53G-8-203. Conduct and discipline policies and procedures.
7693          (1) The conduct and discipline policies required under Section [53A-11-901]
7694     53G-8-202 shall include:
7695          [(1)] (a) provisions governing student conduct, safety, and welfare;
7696          [(2)] (b) standards and procedures for dealing with students who cause disruption in the
7697     classroom, on school grounds, on school vehicles, or in connection with school-related
7698     activities or events;
7699          [(3)] (c) procedures for the development of remedial discipline plans for students who
7700     cause a disruption at any of the places referred to in Subsection [(2)] (1)(b);
7701          [(4)] (d) procedures for the use of reasonable and necessary physical restraint in
7702     dealing with students posing a danger to themselves or others, consistent with Section
7703     [53A-11-802] 53G-8-302;
7704          [(5)] (e) standards and procedures for dealing with student conduct in locations other
7705     than those referred to in Subsection [(2)] (1)(b), if the conduct threatens harm or does harm to:
7706          [(a)] (i) the school;
7707          [(b)] (ii) school property;
7708          [(c)] (iii) a person associated with the school; or
7709          [(d)] (iv) property associated with a person described in Subsection [(5)(c)] (1)(e)(iii);
7710          [(6)] (f) procedures for the imposition of disciplinary sanctions, including suspension
7711     and expulsion;
7712          [(7)] (g) specific provisions, consistent with Section [53A-15-603] 53E-3-509, for
7713     preventing and responding to gang-related activities in the school, on school grounds, on
7714     school vehicles, or in connection with school-related activities or events;
7715          [(8)] (h) standards and procedures for dealing with habitual disruptive or unsafe

7716     student behavior in accordance with the provisions of this part; and
7717          [(9)] (i) procedures for responding to reports received through the School Safety and
7718     Crisis Line under Subsection [53A-11-1503] 53E-10-502(3).
7719          (2) (a) Each local school board shall establish a policy on detaining students after
7720     regular school hours as a part of the districtwide discipline plan required under Section
7721     53G-8-202.
7722          (b) (i) The policy described in Subsection (2)(a) shall apply to elementary school
7723     students, grades kindergarten through six.
7724          (ii) The board shall receive input from teachers, school administrators, and parents and
7725     guardians of the affected students before adopting the policy.
7726          (c) The policy described in Subsection (2)(a) shall provide for:
7727          (i) notice to the parent or guardian of a student prior to holding the student after school
7728     on a particular day; and
7729          (ii) exceptions to the notice provision if detention is necessary for the student's health
7730     or safety.
7731          Section 252. Section 53G-8-204, which is renumbered from Section 53A-11-903 is
7732     renumbered and amended to read:
7733          [53A-11-903].      53G-8-204. Suspension and expulsion procedures -- Notice to
7734     parents -- Distribution of policies.
7735          (1) (a) Policies required under this part shall include written procedures for the
7736     suspension and expulsion of, or denial of admission to, a student, consistent with due process
7737     and other provisions of law.
7738          (b) (i) The policies required in Subsection (1)(a) shall include a procedure directing
7739     public schools to notify the custodial parent and, if requested in writing by a noncustodial
7740     parent, the noncustodial parent of the suspension and expulsion of, or denial of admission to, a
7741     student.
7742          (ii) Subsection (1)(b)(i) does not apply to that portion of school records which would
7743     disclose any information protected under a court order.
7744          (iii) The custodial parent is responsible for providing to the school a certified copy of
7745     the court order under Subsection (1)(b)(ii) through a procedure adopted by the local school
7746     board or the governing board of a charter school.

7747          (2) (a) Each local school board or governing board of a charter school shall provide for
7748     the distribution of a copy of a school's discipline and conduct policy to each student upon
7749     enrollment in the school.
7750          (b) A copy of the policy shall be posted in a prominent location in each school.
7751          (c) Any significant change in a school's conduct and discipline policy shall be
7752     distributed to students in the school and posted in the school in a prominent location.
7753          Section 253. Section 53G-8-205, which is renumbered from Section 53A-11-904 is
7754     renumbered and amended to read:
7755          [53A-11-904].      53G-8-205. Grounds for suspension or expulsion from a
7756     public school.
7757          (1) A student may be suspended or expelled from a public school for any of the
7758     following reasons:
7759          (a) frequent or flagrant willful disobedience, defiance of proper authority, or disruptive
7760     behavior, including the use of foul, profane, vulgar, or abusive language;
7761          (b) willful destruction or defacing of school property;
7762          (c) behavior or threatened behavior which poses an immediate and significant threat to
7763     the welfare, safety, or morals of other students or school personnel or to the operation of the
7764     school;
7765          (d) possession, control, or use of an alcoholic beverage as defined in Section
7766     32B-1-102;
7767          (e) behavior proscribed under Subsection (2) which threatens harm or does harm to the
7768     school or school property, to a person associated with the school, or property associated with
7769     that person, regardless of where it occurs; or
7770          (f) possession or use of pornographic material on school property.
7771          (2) (a) A student shall be suspended or expelled from a public school for any of the
7772     following reasons:
7773          (i) any serious violation affecting another student or a staff member, or any serious
7774     violation occurring in a school building, in or on school property, or in conjunction with any
7775     school activity, including:
7776          (A) the possession, control, or actual or threatened use of a real weapon, explosive, or
7777     noxious or flammable material;

7778          (B) the actual or threatened use of a look alike weapon with intent to intimidate another
7779     person or to disrupt normal school activities; or
7780          (C) the sale, control, or distribution of a drug or controlled substance as defined in
7781     Section 58-37-2, an imitation controlled substance defined in Section 58-37b-2, or drug
7782     paraphernalia as defined in Section 58-37a-3; or
7783          (ii) the commission of an act involving the use of force or the threatened use of force
7784     which if committed by an adult would be a felony or class A misdemeanor.
7785          (b) A student who commits a violation of Subsection (2)(a) involving a real or look
7786     alike weapon, explosive, or flammable material shall be expelled from school for a period of
7787     not less than one year subject to the following:
7788          (i) within 45 days after the expulsion the student shall appear before the student's local
7789     school board superintendent, the superintendent's designee, chief administrative officer of a
7790     charter school, or the chief administrative officer's designee, accompanied by a parent or legal
7791     guardian; and
7792          (ii) the superintendent, chief administrator, or designee shall determine:
7793          (A) what conditions must be met by the student and the student's parent for the student
7794     to return to school;
7795          (B) if the student should be placed on probation in a regular or alternative school
7796     setting consistent with Section [53A-11-907] 53G-8-208, and what conditions must be met by
7797     the student in order to ensure the safety of students and faculty at the school the student is
7798     placed in; and
7799          (C) if it would be in the best interest of both the school district or charter school, and
7800     the student, to modify the expulsion term to less than a year, conditioned on approval by the
7801     local school board or governing board of a charter school and giving highest priority to
7802     providing a safe school environment for all students.
7803          (3) A student may be denied admission to a public school on the basis of having been
7804     expelled from that or any other school during the preceding 12 months.
7805          (4) A suspension or expulsion under this section is not subject to the age limitations
7806     under Subsection [53A-11-102] 53G-6-204(1).
7807          (5) Each local school board and governing board of a charter school shall prepare an
7808     annual report for the State Board of Education on:

7809          (a) each violation committed under this section; and
7810          (b) each action taken by the school district against a student who committed the
7811     violation.
7812          Section 254. Section 53G-8-206, which is renumbered from Section 53A-11-905 is
7813     renumbered and amended to read:
7814          [53A-11-905].      53G-8-206. Delegation of authority to suspend or expel a
7815     student -- Procedure for suspension -- Readmission.
7816          (1) (a) A local board of education may delegate to any school principal or assistant
7817     principal within the school district the power to suspend a student in the principal's school for
7818     up to 10 school days.
7819          (b) A governing board of a charter school may delegate to the chief administrative
7820     officer of the charter school the power to suspend a student in the charter school for up to 10
7821     school days.
7822          (2) The board may suspend a student for up to one school year or delegate that power
7823     to the district superintendent, the superintendent's designee, or chief administrative officer of a
7824     charter school.
7825          (3) The board may expel a student for a fixed or indefinite period, provided that the
7826     expulsion shall be reviewed by the district superintendent or the superintendent's designee and
7827     the conclusions reported to the board, at least once each year.
7828          (4) If a student is suspended, a designated school official shall notify the parent or
7829     guardian of the student of the following without delay:
7830          (a) that the student has been suspended;
7831          (b) the grounds for the suspension;
7832          (c) the period of time for which the student is suspended; and
7833          (d) the time and place for the parent or guardian to meet with a designated school
7834     official to review the suspension.
7835          (5) (a) A suspended student shall immediately leave the school building and the school
7836     grounds following a determination by the school of the best way to transfer custody of the
7837     student to the parent or guardian or other person authorized by the parent or applicable law to
7838     accept custody of the student.
7839          (b) Except as otherwise provided in Subsection (5)(c), a suspended student may not be

7840     readmitted to a public school until:
7841          (i) the student and the parent or guardian have met with a designated school official to
7842     review the suspension and agreed upon a plan to avoid recurrence of the problem; or
7843          (ii) in the discretion of the principal or chief administrative officer of a charter school,
7844     the parent or guardian of the suspended student and the student have agreed to participate in
7845     such a meeting.
7846          (c) A suspension may not extend beyond 10 school days unless the student and the
7847     student's parent or guardian have been given a reasonable opportunity to meet with a
7848     designated school official and respond to the allegations and proposed disciplinary action.
7849          Section 255. Section 53G-8-207, which is renumbered from Section 53A-11-906 is
7850     renumbered and amended to read:
7851          [53A-11-906].      53G-8-207. Alternatives to suspension or expulsion.
7852          (1) Each local school board or governing board of a charter school shall establish:
7853          (a) policies providing that prior to suspending or expelling a student for repeated acts
7854     of willful disobedience, defiance of authority, or disruptive behavior which are not of such a
7855     violent or extreme nature that immediate removal is required, good faith efforts shall be made
7856     to implement a remedial discipline plan that would allow the student to remain in school; and
7857          (b) alternatives to suspension, including policies that allow a student to remain in
7858     school under an in-school suspension program or under a program allowing the parent or
7859     guardian, with the consent of the student's teacher or teachers, to attend class with the student
7860     for a period of time specified by a designated school official.
7861          (2) If the parent or guardian does not agree or fails to attend class with the student, the
7862     student shall be suspended in accordance with the conduct and discipline policies of the district
7863     or the school.
7864          (3) The parent or guardian of a suspended student and the designated school official
7865     may enlist the cooperation of the Division of Child and Family Services, the juvenile court, or
7866     other appropriate state agencies, if necessary, in dealing with the student's suspension.
7867          (4) The state superintendent of public instruction, in cooperation with school districts
7868     and charter schools, shall:
7869          (a) research methods of motivating and providing incentives to students that:
7870          (i) directly and regularly reward or recognize appropriate behavior;

7871          (ii) impose immediate and direct consequences on students who fail to comply with
7872     district or school standards of conduct; and
7873          (iii) keep the students in school, or otherwise continue student learning with
7874     appropriate supervision or accountability;
7875          (b) explore funding resources to implement methods of motivating and providing
7876     incentives to students that meet the criteria specified in Subsection (4)(a);
7877          (c) evaluate the benefits and costs of methods of motivating and providing incentives
7878     to students that meet the criteria specified in Subsection (4)(a);
7879          (d) publish a report that incorporates the research findings, provides model plans with
7880     suggested resource pools, and makes recommendations for local school boards and school
7881     personnel;
7882          (e) submit the report described in Subsection (4)(d) to the Education Interim
7883     Committee; and
7884          (f) maintain data for purposes of accountability, later reporting, and future analysis.
7885          Section 256. Section 53G-8-208, which is renumbered from Section 53A-11-907 is
7886     renumbered and amended to read:
7887          [53A-11-907].      53G-8-208. Student suspended or expelled -- Responsibility
7888     of parent or guardian -- Application for students with disabilities.
7889          (1) If a student is suspended or expelled from a public school under this part for more
7890     than 10 school days, the parent or guardian is responsible for undertaking an alternative
7891     education plan which will ensure that the student's education continues during the period of
7892     suspension or expulsion.
7893          (2) (a) The parent or guardian shall work with designated school officials to determine
7894     how that responsibility might best be met through private education, an alternative program
7895     offered by or through the district or charter school, or other alternative which will reasonably
7896     meet the educational needs of the student.
7897          (b) The parent or guardian and designated school official may enlist the cooperation of
7898     the Division of Child and Family Services, the juvenile court, or other appropriate state
7899     agencies to meet the student's educational needs.
7900          (3) Costs for educational services which are not provided by the school district or
7901     charter school are the responsibility of the student's parent or guardian.

7902          (4) (a) Each school district or charter school shall maintain a record of all suspended or
7903     expelled students and a notation of the recorded suspension or expulsion shall be attached to
7904     the individual student's transcript.
7905          (b) The district or charter school shall contact the parent or guardian of each suspended
7906     or expelled student under the age of 16 at least once each month to determine the student's
7907     progress.
7908          (5) (a) This part applies to students with disabilities to the extent permissible under
7909     applicable law or regulation.
7910          (b) If application of any requirement of this part to a student with a disability is not
7911     permissible under applicable law or regulation, the responsible school authority shall
7912     implement other actions consistent with the conflicting law or regulation which shall most
7913     closely correspond to the requirements of this part.
7914          Section 257. Section 53G-8-209, which is renumbered from Section 53A-11-908 is
7915     renumbered and amended to read:
7916          [53A-11-908].      53G-8-209. Extracurricular activities -- Prohibited conduct
7917     -- Reporting of violations -- Limitation of liability.
7918          (1) The Legislature recognizes that:
7919          (a) participation in student government and extracurricular activities may confer
7920     important educational and lifetime benefits upon students, and encourages school districts and
7921     charter schools to provide a variety of opportunities for all students to participate in such
7922     activities in meaningful ways;
7923          (b) there is no constitutional right to participate in these types of activities, and does
7924     not through this section or any other provision of law create such a right;
7925          (c) students who participate in student government and extracurricular activities,
7926     particularly competitive athletics, and the adult coaches, advisors, and assistants who direct
7927     those activities, become role models for others in the school and community;
7928          (d) these individuals often play major roles in establishing standards of acceptable
7929     behavior in the school and community, and establishing and maintaining the reputation of the
7930     school and the level of community confidence and support afforded the school; and
7931          (e) it is of the utmost importance that those involved in student government, whether as
7932     officers or advisors, and those involved in competitive athletics and related activities, whether

7933     students or staff, comply with all applicable laws and rules of behavior and conduct themselves
7934     at all times in a manner befitting their positions and responsibilities.
7935          (2) (a) The State Board of Education may, and local boards of education and governing
7936     boards of charter schools shall, adopt rules implementing this section that apply to both
7937     students and staff.
7938          (b) The rules described in Subsection (2)(a) shall include prohibitions against the
7939     following types of conduct in accordance with Section [53A-11-911] 53G-8-211, while in the
7940     classroom, on school property, during school sponsored activities, or regardless of the location
7941     or circumstance, affecting a person or property described in Subsections [53A-11-902 (5)(a)
7942     through (d)] 53G-8-203(1)(e)(i) through (iv):
7943          (i) use of foul, abusive, or profane language while engaged in school related activities;
7944          (ii) illicit use, possession, or distribution of controlled substances or drug
7945     paraphernalia, and the use, possession, or distribution of an electronic cigarette as defined in
7946     Section 76-10-101, tobacco, or alcoholic beverages contrary to law; and
7947          (iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including
7948     behavior involving physical violence, restraint, improper touching, or inappropriate exposure
7949     of body parts not normally exposed in public settings, forced ingestion of any substance, or any
7950     act which would constitute a crime against a person or public order under Utah law.
7951          (3) (a) School employees who reasonably believe that a violation of this section may
7952     have occurred shall immediately report that belief to the school principal, district
7953     superintendent, or chief administrative officer of a charter school.
7954          (b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
7955     alleged incident, and actions taken in response, to the district superintendent or the
7956     superintendent's designee within 10 working days after receipt of the report.
7957          (c) Failure of a person holding a professional certificate to report as required under this
7958     Subsection (3) constitutes an unprofessional practice.
7959          (4) Limitations of liability set forth under Section [53A-11-1004] 53G-8-405 apply to
7960     this section.
7961          Section 258. Section 53G-8-210, which is renumbered from Section 53A-11-910 is
7962     renumbered and amended to read:
7963          [53A-11-910].      53G-8-210. Disruptive student behavior.

7964          (1) As used in this section:
7965          (a) "Disruptive student behavior" includes:
7966          (i) the grounds for suspension or expulsion described in Section [53A-11-904]
7967     53G-8-205; and
7968          (ii) the conduct described in Subsection [53A-11-908] 53G-8-209(2)(b).
7969          (b) "Parent" includes:
7970          (i) a custodial parent of a school-age minor;
7971          (ii) a legally appointed guardian of a school-age minor; or
7972          (iii) any other person purporting to exercise any authority over the minor which could
7973     be exercised by a person described in Subsection (1)(b)(i) or (ii).
7974          (c) "Qualifying minor" means a school-age minor who:
7975          (i) is at least nine years old; or
7976          (ii) turns nine years old at any time during the school year.
7977          (d) "School year" means the period of time designated by a local school board or local
7978     charter board as the school year for the school where the school-age minor is enrolled.
7979          (2) A local school board, school district, governing board of a charter school, or charter
7980     school may impose administrative penalties in accordance with Section [53A-11-911]
7981     53G-8-211 on a school-age minor who violates this part.
7982          (3) (a) A local school board or governing board of a charter school shall:
7983          (i) authorize a school administrator or a designee of a school administrator to issue
7984     notices of disruptive student behavior to qualifying minors; and
7985          (ii) establish a procedure for a qualifying minor, or a qualifying minor's parent, to
7986     contest a notice of disruptive student behavior.
7987          (b) A school representative shall provide to a parent of a school-age minor, a list of
7988     resources available to assist the parent in resolving the school-age minor's disruptive student
7989     behavior problem.
7990          (c) A local school board or governing board of a charter school shall establish
7991     procedures for a school counselor or other designated school representative to work with a
7992     qualifying minor who engages in disruptive student behavior in order to attempt to resolve the
7993     minor's disruptive student behavior problems.
7994          (4) The notice of disruptive student behavior described in Subsection (3)(a):

7995          (a) shall be issued to a qualifying minor who:
7996          (i) engages in disruptive student behavior, that does not result in suspension or
7997     expulsion, three times during the school year; or
7998          (ii) engages in disruptive student behavior, that results in suspension or expulsion, once
7999     during the school year;
8000          (b) shall require that the qualifying minor and a parent of the qualifying minor:
8001          (i) meet with school authorities to discuss the qualifying minor's disruptive student
8002     behavior; and
8003          (ii) cooperate with the local school board or governing board of a charter school in
8004     correcting the school-age minor's disruptive student behavior; and
8005          (c) shall be mailed by certified mail to, or served on, a parent of the qualifying minor.
8006          (5) A habitual disruptive student behavior notice:
8007          (a) may only be issued to a qualifying minor who:
8008          (i) engages in disruptive student behavior, that does not result in suspension or
8009     expulsion, at least six times during the school year;
8010          (ii) (A) engages in disruptive student behavior, that does not result in suspension or
8011     expulsion, at least three times during the school year; and
8012          (B) engages in disruptive student behavior, that results in suspension or expulsion, at
8013     least once during the school year; or
8014          (iii) engages in disruptive student behavior, that results in suspension or expulsion, at
8015     least twice during the school year; and
8016          (b) may only be issued by a school administrator, a designee of a school administrator,
8017     or a truancy specialist, who is authorized by a local school board or governing board of a local
8018     charter school to issue a habitual disruptive student behavior notice.
8019          (6) (a) A qualifying minor to whom a habitual disruptive student behavior notice is
8020     issued under Subsection (5) may not be referred to the juvenile court.
8021          (b) Within five days after the day on which a habitual disruptive student behavior
8022     notice is issued, a representative of the school district or charter school shall provide
8023     documentation, to a parent of the qualifying minor who receives the notice, of the efforts made
8024     by a school counselor or representative under Subsection (3)(c).
8025          Section 259. Section 53G-8-211, which is renumbered from Section 53A-11-911 is

8026     renumbered and amended to read:
8027          [53A-11-911].      53G-8-211. Responses to school-based behavior.
8028          (1) As used in this section:
8029          (a) "Class A misdemeanor person offense" means a class A misdemeanor described in
8030     Title 76, Chapter 5, Offenses Against the Person, or Title 76, Chapter 5b, Sexual Exploitation
8031     Act.
8032          (b) "Mobile crisis outreach team" means the same as that term is defined in Section
8033     78A-6-105.
8034          (c) "Nonperson class A misdemeanor" means a class A misdemeanor that is not a class
8035     A misdemeanor person offense.
8036          (d) "Restorative justice program" means a school-based program that is designed to
8037     enhance school safety, reduce school suspensions, and limit referrals to court, and is designed
8038     to help minors take responsibility for and repair the harm of behavior that occurs in school.
8039          (2) This section applies to a minor enrolled in school who is alleged to have committed
8040     an offense:
8041          (a) on school property; or
8042          (b) that is truancy.
8043          (3) If the alleged offense is a class C misdemeanor, an infraction, a status offense on
8044     school property, or truancy, the minor may not be referred to law enforcement or court but may
8045     be referred to alternative school-related interventions, including:
8046          (a) a mobile crisis outreach team, as defined in Section 78A-6-105;
8047          (b) a receiving center operated by the Division of Juvenile Justice Services in
8048     accordance with Section 62A-7-104; and
8049          (c) a youth court or comparable restorative justice program.
8050          (4) If the alleged offense is a class B misdemeanor or a nonperson class A
8051     misdemeanor, the minor may be referred directly to the juvenile court by the school
8052     administrator or the school administrator's designee, or the minor may be referred to the
8053     alternative interventions in Subsection (3).
8054          Section 260. Section 53G-8-212, which is renumbered from Section 53A-11-806 is
8055     renumbered and amended to read:
8056          [53A-11-806].      53G-8-212. Defacing or damaging school property --

8057     Student's liability -- Work program alternative.
8058          (1) A student who willfully defaces or otherwise damages any school property may be
8059     suspended or otherwise disciplined.
8060          (2) (a) If a school's property has been lost or willfully cut, defaced, or otherwise
8061     damaged, the school may withhold the issuance of an official written grade report, diploma, or
8062     transcript of the student responsible for the damage or loss until the student or the student's
8063     parent or guardian has paid for the damages.
8064         &n