Senator Karen Mayne proposes the following substitute bill:




Chief Sponsor: Karen Mayne

House Sponsor: Francis D. Gibson


8     General Description:
9          This bill requires certain local entities to address human resource management.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires charter schools and local districts to:                         
14               •     establish human resource management policies; and
15               •     ensure that at least one of the school's or district's employees or another person
16     is assigned human resource management duties and receives human resource
17     management training;
18          ▸     modifies a provision requiring the executive director of the Department of Human
19     Resource Management to provide certain entities with human resource management
20     advice and training recommendations; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None

26     Utah Code Sections Affected:
27     AMENDS:
28          53G-5-302, as renumbered and amended by Laws of Utah 2018, Chapter 3
29          53G-5-407, as renumbered and amended by Laws of Utah 2018, Chapter 3
30          67-19-6, as last amended by Laws of Utah 2015, Chapter 175
31     ENACTS:
32          17B-1-805, Utah Code Annotated 1953

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 17B-1-805 is enacted to read:
36          17B-1-805. Human resource management requirement.
37          (1) As used in this section:
38          (a) "Governing body" means the same as that term is defined in Section 17B-1-201.
39          (b) "Human resource management duties" means the exercise of human resource
40     management functions and responsibilities, including:
41          (i) complying with federal and state employment law;
42          (ii) administering compensation and benefits; and
43          (iii) ensuring employee safety.
44          (c) "Human resource management training" means a program designed to instruct an
45     individual on the performance of human resource management duties.
46          (2) If a local district has full or part-time employees, the governing body shall:
47          (a) adopt human resource management policies;
48          (b) assign human resource management duties to one of the district's employees or
49     another person; and
50          (c) ensure that the employee or person assigned under Subsection (2)(b) receives
51     human resource management training.
52          Section 2. Section 53G-5-302 is amended to read:
53          53G-5-302. Charter school application -- Applicants -- Contents.
54          (1) (a) An application to establish a charter school may be submitted by:
55          (i) an individual;
56          (ii) a group of individuals; or

57          (iii) a nonprofit legal entity organized under Utah law.
58          (b) An authorized charter school may apply under this chapter for a charter from
59     another charter school authorizer.
60          (2) A charter school application shall include:
61          (a) the purpose and mission of the school;
62          (b) except for a charter school authorized by a local school board, a statement that,
63     after entering into a charter agreement, the charter school will be organized and managed under
64     Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act;
65          (c) a description of the governance structure of the school, including:
66          (i) a list of the governing board members that describes the qualifications of each
67     member; and
68          (ii) an assurance that the applicant shall, within 30 days of authorization, provide the
69     authorizer with the results of a background check for each member;
70          (d) a description of the target population of the school that includes:
71          (i) the projected maximum number of students the school proposes to enroll;
72          (ii) the projected school enrollment for each of the first three years of school operation;
73     and
74          (iii) the ages or grade levels the school proposes to serve;
75          (e) academic goals;
76          (f) qualifications and policies for school employees, including policies that:
77          (i) comply with the criminal background check requirements described in Section
78     53G-5-408;
79          (ii) require employee evaluations; [and]
80          (iii) address employment of relatives within the charter school; and
81          (iv) address human resource management and ensure that:
82          (A) at least one of the school's employees or another person is assigned human
83     resource management duties, as defined in Section 17B-1-805; and
84          (B) the assigned employee or person described in Subsection (2)(f)(iv)(A) receives
85     human resource management training, as defined in Section 17B-1-805;
86          (g) a description of how the charter school will provide, as required by state and federal
87     law, special education and related services;

88          (h) for a public school converting to charter status, arrangements for:
89          (i) students who choose not to continue attending the charter school; and
90          (ii) teachers who choose not to continue teaching at the charter school;
91          (i) a statement that describes the charter school's plan for establishing the charter
92     school's facilities, including:
93          (i) whether the charter school intends to lease or purchase the charter school's facilities;
94     and
95          (ii) financing arrangements;
96          (j) a market analysis of the community the school plans to serve;
97          (k) a capital facility plan;
98          (l) a business plan;
99          (m) other major issues involving the establishment and operation of the charter school;
100     and
101          (n) the signatures of the governing board members of the charter school.
102          (3) A charter school authorizer may require a charter school application to include:
103          (a) the charter school's proposed:
104          (i) curriculum;
105          (ii) instructional program; or
106          (iii) delivery methods;
107          (b) a method for assessing whether students are reaching academic goals, including, at
108     a minimum, administering the statewide assessments described in Section 53E-4-301;
109          (c) a proposed calendar;
110          (d) sample policies;
111          (e) a description of opportunities for parental involvement;
112          (f) a description of the school's administrative, supervisory, or other proposed services
113     that may be obtained through service providers; or
114          (g) other information that demonstrates an applicant's ability to establish and operate a
115     charter school.
116          Section 3. Section 53G-5-407 is amended to read:
117          53G-5-407. Employees of charter schools.
118          (1) A charter school shall select its own employees.

119          (2) The school's governing board shall determine the level of compensation and all
120     terms and conditions of employment, except as otherwise provided in Subsections (7) and (8)
121     and under this chapter and other related provisions.
122          (3) The following statutes governing public employees and officers do not apply to a
123     charter school:
124          (a) Chapter 11, Part 5, School District and USDB Employee Requirements; and
125          (b) Title 52, Chapter 3, Prohibiting Employment of Relatives.
126          (4) (a) To accommodate differentiated staffing and better meet student needs, a charter
127     school, under rules adopted by the State Board of Education, shall employ teachers who:
128          (i) are licensed; or
129          (ii) on the basis of demonstrated competency, would qualify to teach under alternative
130     certification or authorization programs.
131          (b) The school's governing board shall disclose the qualifications of its teachers to the
132     parents of its students.
133          (5) State Board of Education rules governing the licensing or certification of
134     administrative and supervisory personnel do not apply to charter schools.
135          (6) (a) An employee of a school district may request a leave of absence in order to
136     work in a charter school upon approval of the local school board.
137          (b) While on leave, the employee may retain seniority accrued in the school district and
138     may continue to be covered by the benefit program of the district if the charter school and the
139     locally elected school board mutually agree.
140          (7) (a) A proposed or authorized charter school may elect to participate as an employer
141     for retirement programs under:
142          (i) Title 49, Chapter 12, Public Employees' Contributory Retirement Act;
143          (ii) Title 49, Chapter 13, Public Employees' Noncontributory Retirement Act; and
144          (iii) Title 49, Chapter 22, New Public Employees' Tier II Contributory Retirement Act.
145          (b) An election under this Subsection (7):
146          (i) shall be documented by a resolution adopted by the governing board of the charter
147     school; and
148          (ii) applies to the charter school as the employer and to all employees of the charter
149     school.

150          (c) The governing board of a charter school may offer employee benefit plans for its
151     employees:
152          (i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
153     or
154          (ii) under any other program.
155          (8) A charter school may not revoke an election to participate made under Subsection
156     (7).
157          (9) The governing board of a charter school shall ensure that, prior to the beginning of
158     each school year[,]:
159          (a) each of [its] the charter school's employees signs a document acknowledging that
160     the employee:
161          [(a)] (i) has received:
162          [(i)] (A) the disclosure required under Section 63A-4-204.5 if the charter school
163     participates in the Risk Management Fund; or
164          [(ii)] (B) written disclosure similar to the disclosure required under Section
165     63A-4-204.5 if the charter school does not participate in the Risk Management Fund; and
166          [(b)] (ii) understands the legal liability protection provided to the employee and what is
167     not covered, as explained in the disclosure[.]; and
168          (b) (i) at least one of the charter school's employees or another person is assigned
169     human resource management duties, as defined in Section 17B-1-805; and
170          (ii) the assigned employee or person described in Subsection (9)(b)(i) receives human
171     resource management training, as defined in Section 17B-1-805.
172          Section 4. Section 67-19-6 is amended to read:
173          67-19-6. Responsibilities of the executive director.
174          (1) The executive director shall:
175          (a) develop, implement, and administer a statewide program of human resource
176     management that will:
177          (i) aid in the efficient execution of public policy;
178          (ii) foster careers in public service for qualified employees; and
179          (iii) render assistance to state agencies in performing their missions;
180          (b) design and administer the state pay plan;

181          (c) design and administer the state classification system and procedures for determining
182     schedule assignments;
183          (d) design and administer the state recruitment and selection system;
184          (e) administer agency human resource practices and ensure compliance with federal
185     law, state law, and state human resource rules, including equal employment opportunity;
186          (f) consult with agencies on decisions concerning employee corrective action and
187     discipline;
188          (g) maintain central personnel records;
189          (h) perform those functions necessary to implement this chapter unless otherwise
190     assigned or prohibited;
191          (i) perform duties assigned by the governor or statute;
192          (j) adopt rules for human resource management according to the procedures of Title
193     63G, Chapter 3, Utah Administrative Rulemaking Act;
194          (k) establish and maintain a management information system that will furnish the
195     governor, the Legislature, and agencies with current information on authorized positions,
196     payroll, and related matters concerning state human resources;
197          (l) conduct research and planning activities to:
198          (i) determine and prepare for future state human resource needs;
199          (ii) develop methods for improving public human resource management; and
200          (iii) propose needed policy changes to the governor;
201          (m) study the character, causes, and extent of discrimination in state employment and
202     develop plans for its elimination through programs consistent with federal and state laws
203     governing equal employment opportunity in employment;
204          (n) when requested by charter schools or counties, municipalities, and other political
205     subdivisions of the state, provide technical service [and], training recommendations, or advice
206     on human resource management at a charge determined by the executive director;
207          (o) establish compensation policies and procedures for early voluntary retirement;
208          (p) confer with the heads of other agencies about human resource policies and
209     procedures;
210          (q) submit an annual report to the governor and the Legislature; and
211          (r) assist with the development of a vacant position report required under Subsection

212     63J-1-201(2)(b)(vi).
213          (2) (a) After consultation with the governor and the heads of other agencies, the
214     executive director shall establish and coordinate statewide training programs, including and
215     subject to available funding, the development of manager and supervisor training.
216          (b) The programs developed under this Subsection (2) shall have application to more
217     than one agency.
218          (c) The department may not establish training programs that train employees to
219     perform highly specialized or technical jobs and tasks.
220          (3) (a) (i) The department may collect fees for training as authorized by this Subsection
221     (3).
222          (ii) Training funded from General Fund appropriations shall be treated as a separate
223     program within the department budget.
224          (iii) All money received from fees under this section will be accounted for by the
225     department as a separate user driven training program.
226          (iv) The user training program includes the costs of developing, procuring, and
227     presenting training and development programs, and other associated costs for these programs.
228          (b) (i) Funds remaining at the end of the fiscal year in the user training program are
229     nonlapsing.
230          (ii) Each year, as part of the appropriations process, the Legislature shall review the
231     amount of nonlapsing funds remaining at the end of the fiscal year and may, by statute, require
232     the department to lapse a portion of the funds.